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L) It <'; ~-l.l\ d.."j"J.. ....:. r, -j .1:~ :1. :::: 1. ~: i~J.,,;. ~_ CL.L'-".__45th ^< January -.-.. . ..,....p,.:~........__..- , ~J ~___ c;:L ..:lc~ (c.:. ,;.!..,. : U.i--l;~..\..L..J / \ \ \ \ L~JZ~) ~>/r/{ C. t G) /) ,,/::S ?' /'. j. /7 ,.~;;::) r} ;:; / /7, V,c/L-(/ ORDINANCE NO. .btO$$ . I An Ordinance amending Chapter 4, Sec. 4-1 of the Grand Island City Code, as amended by Sec. 1 of Ordinance ...- No. If DS.s of the Ordinances of the City of Grand Island, Nebraska, relating to liquors; to re-define non-profit corporations; to re-define bottle club; to provide powers of bottle clubs; to repeal the original section. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: Section 1. That Chapter 4, Sec. 4-1, of the Grand Island City Code, as amended by Sec. 1, of Ordinance No. -,/O,J---5": be amended to read as follows: (s) NON...PROFIT CORPORATION. This definition means a corporation, whether located within any incorporated City I or Village or not, organized under the laws of this State, not for profit, and which has been exempted from the payment of Federal Income Taxes, as provided by Sec. 501 (c) 4, (7), or (8), Internal Revenue Code of 1954. (t) BOTTLE CLUB. These words shall mean an operation, organized as a club having a membership committee and a regular membership list, keeping and maintaining premises where people who have made their own purchases of alcoholic liquors congregate for the express purpose of consuming such alcoholic liquors upon the payment of a fee or other consideration, including among other services the sale of foods, ice, mixes, or other fluids for alcoholic drinks and the maintenance of space for I '. the storage of alcoholic liquors belonging to such persons and faci.lities for the dispensing of such liquors through a locker system, or card system; provided, that no person shall be a member of a club until at least five (5) days after submitting his name for membership. Such operation may be ORDINANCE NO. 4088 CONT'D . I conducted by a club as defined in sub-section (d) of this section, an individual, partnership, or corporations; as an incident to the operation an accurate and current membership list must be maintained at all times which contains the narnes and residences of its members, and copies thereof must be filed with the local governing body annually on May I and kept available for inspection by the duly authorized law enforcement officers and representatives of the Liquor Control Commission. Such club premises shall not be open to the public and shall be available only to club members and their guests. Section 2. That Chapter 4, Sec. 4-1 of the Grand Island City Code, as amended by Ordinance No. ij () ,,5-"7.):_, of the Ordinances of the City of Grand Island, Nebraska, is repealed. Section 3. That this Ordinance shall be in force I and take effect from and after ,its passage, approval and publication within thirty (30) days in one issue of the Grand ,;,. Island Daily Independant. Passed and approved this I~ day of dP~~ ~--- --.-------, i,VWi~L?J~ ~:k~ I\rIAYOR 1963. ATTEST: ~{,~ I . ORDINANCE NO. 4089 . I AN ORDINANCE PROVIDING FOR THE CALLING, HOLDING AND CONDUCTING OF A SPECIAL ELECTION IN THE CITY OF GRAND ISLAND, NEBRASKA, ON THE PROPOSITION OF ISSUING NOT TO EXCEED $4,000,000.00 NEGOTIABLE GENERAL OBLIGATION BONDS OF SAID CITY FOR THE PURPOSE OF CONSTRUCT- ING ADDITIONS AND BETTERMENTS TO AND EXTENSIONS OF THE SANITARY AND STORM SEWER SYSTEM OF SAID CITY. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, as follows: SECTION 1. A special election is hereby called and shall be held in the City of Grand Island, Nebraska, in the several wards in said City on the 28th day of January, 1964, between the hours of 8:00 o'clock, A.M., and 8:00 o'clock, P.M., at which election there shall be submitted to the qualified voters of said City, the following proposition, to-wit: "Shall the City of Grand Island, Nebraska, issue its negotiable general obligation bonds in the principal amount of not exceeding $4,000,000.00 for the purpose of constructing additions and betterments to and extensions of the sanitary and storm sewer system of said City 7" The ballots to be voted and cast at said election shall have printed thereon the foregoing proposition, with the caption at the top thereof I "OFFICIAL MUNICIPAL ELECTION BALLOT" and with the words "FOR D AGAINST D" following the statement of the proposition. Viers desiring to vote in favor of said proposition shall indicate the same by marking an "X" in the square following the word "FOR", and voters voting against said proposition shall indicate the same by marking an "X" in the square following the word "AGAINST". SECTION 2. The City Clerk is hereby ordered and directed to cause notice of said election to be given to the qualified voters of the City I . by publication in the Grand Island Daily Independent, a legal newspaper published within said City, for three consecutive weeks on the same day of the week, the first publication of said notice to be not less than twenty-one days prior to the date fixed herein for the holding of said election, said notice to be in substantially the following form, to-wit: ORDINANCE NO. 408 9 (Cont1d) "ELECTION NOTICE . I Notice is hereby given that on Tuesday, the 28th day of January, 1964, at the usual polling places in each precinct in the City of Grand Island, Nebraska, a special election will be held at which there will be submitted to the electors of said City for their approval or rejection the following proposition, to-wit: 'Shall the City of Grand Island, Nebraska, issue its negotiable general obligation bonds in the principal amount of not exceeding $4,000,000.00 for the purpose of constructing additions and betterments to and extensions of the sanitary and storm sewer system of said City 7- at which special election the polls will be opened at 8:00 o'clock, A.M., and will continue to be open until 8:00 o'clock, P.M., of the same day. Dated this day of , 19 City Clerk, City of Grand Island, Nebraska" SECTION 3. The City Clerk is hereby ordered to cause the ballots to be printed for use at said election containing said proposition at length, and to furnish the same, together with poll books and tally lists, to the I judges and clerks at said election, and to do all acts and things required of said Clerk in the calling, holding and conducting of said election as provided in the Municipal Election Code, Revised Statutes Nebraska, 1943, Reissue of 1962 (Sees. 19-3001 to 19-3051, inclusive). SECTION 4. The Mayor and City Council shall meet in the City Hall o'clock, !eM., on'/77~~ ' the .~~ , day of , 19~, for the purpose of canvassing the returns at r~ <pO 7~ of said election and to declare the results thereof. SECTION 5. This ordinance shall take effect upon publication thereof in accordance with law. I . PASSED AND APPROVED this 18th day of December 1963. rJ ~/UP/'VcJ #;:iC{J Mayor ATTEST: ~ J-'/dk City Clerk ORDINANCE NO.~090 . I AN ORDINANCE to amend Article III of Chapter 32, of the Grand Island City Code; repealing, except as herein otherwise provided, Section 32-39 of the 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: SECTION 1. That Article III, of Chapter 32, of the Grand Island City Code be, and hereby is, amended as follows: Effective with the final passage of this ordinance, provision in Section 32-39, Article III, Chapter 32, of the Grand Island City Code for connection of sani- tary sewer mains in any tract of land or subdivision located within an area one mile beyond and adjacent I to the corporate boundaries of the City of Grand Island to the sanitary sewer system of such City shall be, and hereby is, terminated, Provide~ that no rights and privileges granted, or obligations imposed, by contracts entered into under such Sectl.on 32-39 and no duties, restrictions, liabilities, use charges and penalties imposed or required by and under such Section 32-39 shall be impaired, diminished, or affected hereby. SECTION 2. Effective with the final passage of this ordinance such Section 32-39, Article III, Chapter 32 of the Grand Island City Code shall not, and hereby I . is declared not to, permit or provide for available connection with the sanitary sewer system of such\City within the meaning of Subsection (B) OI Section 10-6 of Ordinance No. 3442 of the City of Grand Island. SECTION 3. Section 32-39, Article III, Chapter 32, of the Grand Island City Code is hereby repealed effect- ive with the final passage of this ordinance, Provided, ORDINANCE NO. 4090 CONT. that no rights and privileges granted by contracts entered into under such Section 32-39 prior to the final passage . I of this ordinance, and no duties, restrictions, li- abilities, use charges, and penalties imposed or required by and under such Section 32-39 shall be impaired, diminished, or affected thereby. PASSED AND APPROVED this second day of January, 1964. c) ~~/t J ;41i;~t Mayor ATTEST: I ~. '//. ~ Ii'/;!b ;;1 City Clerk I . ORDINANCE NO. 11091 An Ordinance: to amend Ordinance No. 4037; to establish uniform scales of salary for full time stenographers and senior and junior clerks in the Department of Public Works; to provide additional standards for . I employment and promotion of personnel in such department except as otherwise provided in the Civil Service Act; and, to repeal all parts of Ordinance No. 4037 in conflict herewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA.: SECTION 1. Ordinance No. 4037 is hereby amended to provide that: "The uniform minimum and maximum rates of pay in the Department of Public Works for a work week of forty hours which stenographers, senior clerks, and junior clerks may receive, are: a. Stenographers - $200.00/$325.00 per month. b. Senior Clerks - $200.00/$325.00 per month. c. Junior Clerks - $200.00/$325.00 per month." SECTION 2. Section VIII of Ordinance No. 4037 is hereby amended to read as follows: "Except as otherwise provided in the Civil Service Act, I increases in rates of pay of individual employees and within the maximum for the classification may be put into effect by the Mayor with the consent of the chairman of the Finance Committee of the Council upon the recommen- dation of the officer or supervisor and the chairman of any committee of the Council pertaining to the office affected, without action of the Council. "Promotions to higher classifications and/or increases in compensation are to be based upon the following efficiency factors, namely: (a) amount of work performed; (b) accuracy; (c) reliability; (d) neatness; (e) thoro- oughness; (f) application to duty; (g) promptness; (h) conduct; (i) ability to get along with others; (j) cooperativeness, Provided, the decision of the officials designated in this section as to such matters shall be final, and, further, provided the classification and compensation of all employees shall I . be reviewed by the Mayor and the Finance Committee of the Council at least once each year thirty days in advance of preparation of the annual estimate, pursuant to Section 16-705, R.R.S. 1943." SECTION 3. Except as otherwise provided for in the Civil Service Act, the Mayor, with the consent of the chairman of the Finance Committee, upon the recommendation of the officer or supervisor affected, and the chairman ORDINANCE NO. 4091 (Cont'd) of the committee of the Council pertaining thereto, in order to secure adequate and qualified personnel in the Department of Public Works at rates above the minimum salary or wages established for the job classifi- . I cation, and in particular to add to the applicable minimum salary or wage, one-tenth in amount of the difference between the minimum and the maximum rates of pay for the particular classification for each year, up to ten years, of experience of the applicant in the classification, or substantially similar experience, skill, or knowledge. SECTION 4. Except as otherwise provided in the Civil Service Act, the Mayor, with the consent of the chairman of the Finance Committee, upon recommendation of the officer or supervisor of the employee, and chairman of the committee of the Council pertaining thereto, is hereby authorized and empowered to discharge an employee, other than an officer appointed by him, with consent of the Council, for incompetency, neglect of work or duty, incompatibility, gross immorality, or other good cause, in which case compensation of the employee shall terminate upon the date of notice of dismissal and all accumulated benefits for sick leave or vacation I shall be immediately cancelled. SECTION 5. "Section IV of Ordinance No. 4037 is hereby amended as follows: "Section IV. (Sick Leave). All full time regular employees shall be entitled to one day sick leave after continuous employment of (for) any one calendar month of the year, and for each succeeding calenClar month thereafter. All part time employees, working one-half days, five days per week, shall be entitled to one-half day sick leave after continuous employ- ment of (for) any one calendar month of the year, and for each succeeding calenClar month thereafter. All employees, regular or part time, shall receive pay for such day of sickness if the employee has been employed the one full month; provided, if an employee has not been employed for a full I . month or months and is absent on account of sickness for a day or days, the employee shall be docked for such day or days the employee is absent for reason of sickness~ "Sick leave may be accumulative to, but shall not exceed more than, fifty days for a full time employee and twenty-five days for an employee who works only half days per week. "Any person who is absent from duty because of sickness for one day or more, must attach a medical certificate from his doctor or City Physician to his sick leave application before returning to work. ORDINANCE NO. 4091 (Cont'd) "Sick leave shall be allowed only in case of actual illness, and shall not be allowed any employees for any other purpose with the exception that an employee may be allowed three consecutive days in anyone month, . I upon a statement in writing by an attending physician that such employee's services are required for the care of a sick spouse, child (including adopted or step-child), parents, brother, or sister, or, for attendance upon the funeral of a spouse, child (including adopted or step-child), parent, brother, or sister, ornr one half day when required to act as pallbearer at a funeral, such absences to be permitted and recorded as emergency leave. The provisions of this section shall apply to the employees of all departments of the City of Grand Island, Nebraska.1t SECTION 6. Except as otherwise provided for in the Civil Service Act, 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 will be affected as follows: (1) If his existing rate of pay is within the rate range of the I 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 will be increased to the minimum rate of the new job. {3) If his existing rate is above the maximum rate of the rate range of the new job, his rate will be the maximum rate of the new job. (4) Any empl~ee transferred 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 below his existing 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 retransferred, provided that this new I . rate may not exceed the maximum of the rate range for that job. SECTION 7. The invalidity 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 thereto. SECTION 8. That Sections IV and VIII, and Section I to the extent herein specifically provided, of Ordinance No. 4037, and all other ordinances and parts of ordinances in conflict herewith be, and the same hereby are ORDINANCE NO. 4091 (Cont'd) repealed upon the final passage of this Ordinance. SECTION 9. This Ordinance shall, and is, hereby directed to be published in pamphlet form and distributed as directed by the Mayor. . I PASSED AND APPROVED by majority vote of all the members of the City Council this second day of January, 1964.,_ \ ./a ~ W~e-[J !if ;Z:;<'f Mayor ATTEST: c[ 1~/i3& /City Clerk I I . . I I I . ORDINANCE NO. 4092 An Ordinance assessing and levying a special tax to pay the cost of construction of Water Main District No. 234 of the City of Grand Island, Nebraska; fixing a rat'e per linear (front) foot for connections thereto; providing for the col- lection of such special tax or connection charge; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances, in conflict therewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially bene- fited, for the purpose of paying the cost of construction of said water main in said Water Main District No. 234 , as adjudged by the Mayor and Council of said City, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: Name Addition Amount Lot 8 9 16 17 18 19 N-14 ft. 26 S-6l ft.26 N-7 ft. 27 S-68 ft.27 Milton V. Bottorff Milton V. Bottorff Milton V. Bottorff Milton V. Bottorff Milton V. Bottorff Hunter L. & Berdeen I. Butts Hunter L. & Berdeen I. Butts, Harvey A. & &nice A. Tevler, Milton V. Bottorff, Iola A. Hayman Andersons Sub. $187.50 187.50 187.50 187 .50 187.50 187.50 35.00 152.50 17.50 170.00 SECTION 2. The special tax shall become delinquent as follows: One-fifth of the total amount shall become delXquent in fifty days; one-fifth in one year; one-fifth in two years; one-fifth in three years; and one-fifth in four years, respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract, or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of sIEial tax thereby satisfied and released. . I I I . ORDINANCE No.4092 CONT. Each of said installments, except the first, shall draw interest at the rate of six per cent per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of nine per cent per annum shall be paid thereon, until the same is collected and paid. SECTION 3. The City Clerk of the City of Grand Island, Nebraska, is hereby directed to forthwith certify to the City Treasurer of said City the amount of said taxes herein set forth together with instructions to collect same as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Sewer and Water Ext;ension Fund." SECTION 5. In addition to all other costs payable pursuant to Chapter 35 of the Grand Island City Code, there shall be col- lected in advance the sum of $2.50 per linear (front) foot of property located within the boundarie$ of the City of Grand Island abutting upon such water main in such Water Main District No. 234 for connection thereto, not assessed in Section One (1) of this Ordinance. SECTION 6. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herev.ith, is hereby repealed. SECTION 7. 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. Passed and approved this 15th day of January , 196~. f ((() 1l9<7i;~f / /, ) (" C' i - - //,/I/,Ct Mayor ATTEST: /ff~~,fA~ City; Clerk ORDINANCE NO. 4093 An Ordinance assessing and levying a special tax to pay the cost of construction of sanitary Sewer District . I No. 346 of the City of Grand Island, Nebraska; fixing a rate per linear (front) foot for connections thereto; providing for the collection of such special tax or connection charge; and repealing any provision of the Grand Island City Code, ordinances, and parts of ord- inances, in con flict therewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said sanitary sewer in said Sanitary I Sewer District No.-1.46 _, as adjudged by the Council of said City, sitting as a Board of Equalization, to the extent of benefits thereto by reason of such im- pro\mlent, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: Name Blk Addition Amount Spelts Lumber Company E-~ 6 Koehlers Sub $458.25 Delbert G. Steuven W93 ft. 7 232.50 of E-~ Donald E. & Nadine Terry Except W.93 ft. of E-~ 22$.7s M. of 7 "2-"3'2 . .5 0 I as follows: One-fifth of the total amount shall become . delinquent in fifty days; one-fifth in one year; one-fifth in two years; one-fifth in three years; and one-fifth in SECTION 2. The special tax shall become delinquent four years, respectively, after the date of such levy; provided, however, the entire amount so assessed and le- vied against any lot, tract, or parcel of land may be paid ORDINANCE NO. 4093 CONT. . I within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of six per cent per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of nine per cent per annum shall be paid thereon, until the same is collected and paid. SECTION 3. The City Clerk of the City of Grand Island, Nebraska, is hereby directed to forthwith certify to the City Treasurer of said City the amount of said taxes herein set forth together with instructions to collect same as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Sewer and Water I Extension Fund". SECTION 5. In addition to all other costs payable pursuant to Sec. 29-6 of the Grand Island City Code, there shall be collected in advance the sum of $2.50 per linear (front) foot of property located within the boundaries of the City of Grand Island abutting upon such sanitary sewer in such sanitary Sewer District No. 346 for con- nections thereto, not assessed in Section One (1) of this Ordinance. SECTION 6. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ord- I . " inance, in conflict herewith, is hereby repealed. Passed and approved this 15th day of January , 196.i!:..-.,. /tJ"zAAfc:J ;f? ~~:('C Mayor ATTEST: !lh~J h/6 .t/ Ci ty Clerk ORDINANCE NO. 4094 An Ordinance assessing and levying a special tax to pay the cost of paving in Paving District No. 384 of the City of Grand Island, Nebraska, providing for the collection thereof and repealing any provision of the . I Grand Island City Code, and ordinances, and parts of ordinances in conflict therewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA : SECTION 1. There is hereby assessed upon the lots and lands specially benefited by the paving in Paving District No. 384 in the City of Grand Island, Nebraska, as adjudged by the Mayor and Council of such City in proportion to the benefits, and as provided by law, after due and lawful notice, a special tax for. ,the cost of paving in such district, hereby levied Elizabeth Wiechman Charles A. & Emma Moyer Junior A. & Daisy M. Richardson Darrell & Dorothy Enck LeRoy E. & Bethel M. Hurley Ronald V. & Geraldine M. Rathjen Milo W. & Genevieve M. Sopher Lamoyne Irvine Goldie G. Etherton E. 43.5' Joseph B. & Doris A. Bixenmann Lamoyne Irvine Gold~e .. G .1lltiier.teuA .,E1;;.E41r.)'~~i;Jt5,' Joseph B. & Doris A. Bixenmann Virgil C. & Nettie J. Richard Milford A. & Lola C. Benson Milford A. & Loaa Benson E. 67'11" of the N 5' Virgil C. & Nettie J. Richard N. 5' of W. 64'1" & W. 50' of S. 47'20 " Glen C. & Viola Zlomke S 47' of E 82' 20 " Merlin N. & Edna Arndt 21" Leonard C. & Melva Gene Dunn 22 " Dwight A. & Mary Ann Beilke 23 " Dwight A. & Mary Ann Beilke N 3' of 24 " Nels C. & Rose A. Larsen S 49' 24 " Nels C. & Rose A. Larsen N 3' 25 " Leonard E. & Lois L. Ziola S 49' 25 " Leonard E. & Lois L. Ziola 26" , The N 3' of Lot 26, and also part of Lot 26 described as' follows: Commencing at a point which is 3' Sand 68' W of the NE corner of said Lot 26, said point being the point of beginning; thence W parallel with the N line of said Lot 26 for a distance of 39" thence S parallel with the W line of said Lot 26 for a distance of 3', thence E parallel with the S line of said Lot 26, for a distance of 32', thence N parallel with the E line of said Lot 26 for a distance of 3' to the point of beginning. at one time upon such lots, and lands, as follows: NAME LOT BLK ADDITION I 10 11 12 13 14 15 16 17 17 17 18 18 18 19 19 West Lawn " " " " " " " W. of W. E. W. of W. E. W. E. 55' 98.5' 44' 55' 98.5' 44' 64'1" 67'11" " " " " " " " 20 " I . AMOUNT $354.92 354.92 354.92 354.92 354.92 354.92 354.92 201. 81 84.33 68.78 201.81 84.33 68.78 114.49 240.43 23.11 89.17 242.64 354.92 354.92 354.92 20.48 334.44 20.48 334.44 24.01 ORlJINANCE NO. 4094 (Cont'd) John W. & Vera A. Nolan 26 Except the N 3' of Lot 26, and also part of Lot 26 described as follows: Commencing at a point which is 3' Sand 68' W of the NE corner of said Lot 26, said point being the point of beginning; thence W parallel with the N line of said Lot 26, for a distance of 32', thence S parallel with the W line of said Lot 26, for a distance of 3', thenceE parallel with the S line of said Lot 26, for a distance of 32', thence N parallel with the E line of said Lot 26, for a distance of 3' to the point of beginning. John W. & Vera A. Nolan Russell W. & Josephine M. O'Neill Laverne & Theresia Crabtree Leslie J. & Lenora Blauvelt Stella L. Odin Robert J. & Esther M. Hoffa Clayton G. & Margaret K. Geiger Jack B. & Wilhelmi en Jenneman Thomas E. & Anne Christensen Elmer & Marie M. Englebrecht Geraldine Stimpert Ferne Frye Geraldine Stimpert Edward & Dolores E. Gross John R. & Therma A. Rayno Alva E. & Irene J. Belvel Donald G. & Louise Hecht Francis S. & Annabel W. Lee . I Except S. 3' S. 3' 27 96 97 98 99 100 101 102 103 104 105 106 106 107 108 109 110 111 West Lawn $330.92 West Lawn 354.92 354.92 354.92 354.92 354.92 354.92 354.92 354.92 354.92 354.92 354.92 390.65 20.48 414.57 340.78 354.92 354.92 354.92 " " " " " " " " " " " " " " " " " SECTION 2. The special tax shall become delinquent as follows: One- I tenth shall become delinquent in fifty days from date of this levy; one- tenth in one year; one-tenth in two years; one-tenth in three years; one- tenth in four years; one-tenth in five years; one-tenth in six years; one- tenth in seven years; one-tenth in eight years; one-tenth in nine years; provided, however, the entire amount so assessed and levied against lot or tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each such installments, except the first, shall draw interest at the rate of four per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The City Clerk of the City of Grand Island, Nebraska, is I . hereby directed to forthwith certify to the City Treasurer of said City the amount of said taxes herein set forth, together with instructions to collect same as provided by law. SECTION 4. Such special assessments shall be paid into a Paving District Fund, for the cost of such district for warrants issued upon and paid out of such Paving District Fund. ORDINANCE NO. 4094 (Cont'd) SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict here- . I with, is hereby repealed. PASSED AND APPROVED this 15th day of January 1964. \ / (l/ -', r ! '. / C . /~ ct) d'-L{f(>,) ):. <;;t~Lf Mayor ATTEST: ///:;;J City Clerk '- I I . / L ASSESSMENT ORDINANCE NO. 4095 . I An ordinance assessing and levying a special tax to pay the cost of paving in Paving District No. 385 of the City of Grand Island, Nebraska, providing for the collection thereof and repealing any provision of the Grand Island City Code, and ordinances, and parts of ordinances in conflict therewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the lots and lands specially benefited by the paving in Paving District No. 385 in the City of Grand Island, Nebraska, as adjudged by the Mayor and Council of such City in I proportion to the benefits, and as provided by law, after due and lawful notice, a special tax for the cost of paving in such district, hereby levied at one time upon such lots, and lands, as follows: NAME LOT 1 BLK ADDITION Amanda E. Finley, S.44' of N.88" of 73 Wheeler & Bennett's 3rd I . Arnold D. & Lois M. Scheibe, N.44' Jess F. & Freda L. Sieckman, S.44' Amanda E. Finley, S.44' of N.88' of Arnold D. & Lois M. Scheibe, N.44' Jess F. & Freda L. Sieckm'al, S .44' Emanuel & Virginia Mae Lukesh Clara C. Beyersdorf and Selma Hausmann Yvonne J. Derby Walter & Ellen E. Miller, S.89~' Melba Gaughenbaugh, N. 42~' Edith Lackenmacher Louis H. & Edith Tagge Leonard M. & Shirley Ann Boguslaw Sophie M. Gosda Ellen M. Miller Frank M. & Juanita E. Snyder " 1 1 2 2 2 3 8 9 10 10 3 4 5 6 7 8 74 SECTION 2. The special tax shall become delinquent as follows: One-tenth shall become delinquent in fifty days from date of this levy; one-tenth in one year; one- tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six years; one-tenth in seven years; one-tenth in eight years; one-tenth in nine years; provided, however, the entire amount so AMOUNT $204.31 204.31 204.31 104.62 104.62 104.62 128. 78 128.78 313.86 415.59 197.35 128. 78 313.86 612'.94 612.94 313.86 l2~ . 78 ORDINANCE NO. 4095 CONT. assessed and levied against lot or tract may be paid with- in fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. . I Each such installments, except the first, shall draw in- terest at the rate of four per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The City Clerk of the City of Grand Island, Nebraska, is hereby directed to forthwith certify to the City Treasurer of said City the amount of said taxes herein set forth, together with instructions to collect same as provided by law. SECTION 4. Such special assessments shall be paid I into a Paving District Fund, for the cost of such dis- trict for warrants issued upon and paid out of such Paving District Fund. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. PASSED AND APPROVED this 15th Day of~nua'!y" , 196.i-. . \/ /'.. ({) /IAjU,([);;J ,~ (Of Mayor ATTEST: I . ~.. // .$v2~ .J! A4~:t', j/ City Clerk (SEAL) ORDINANCE NO. k.OQ6 An Ordinance assessing and levying a special tax to pay the cost of paving in Paving District No. 390 of the City of Grand Island, Nebraska, . I providing for the collection thereof and repealing any provision of the Grand Island City Code, and ordinances, and parts of ordinances in conflict therewith. BE IT ORDAINED BY THE MAYOR .AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the lots and lands specially benefited by the paving in Paving District No. 390 in the City of Grand Island, Nebraska, as adjudged by the Mayor and Council of such City in proportion to the benefits, and as provided by law, after due and lawful notice, a special tax for the cost of paving in such district, hereby levied at one time upon such lots, and lands, as follows: I NAME Lot Blk Addition Amount KENNETH M. & Hazel Shindo 9 3 Gilberts $227.60 Kenneth M. & Hazel M. Shindo 10 " 357.50 Julia C. Fuerstenau 6 4 II 360.52 C. L. & Eulalie N. Swartz 7 It 360.52 August J. Peters 8 It 360.52 Roy O. & Elva D. Seeber 9 It 360.52 Roy O. & Elva D. Seeber 10 " 360.52 Kenneth M. & Hazel M. Shindo 1 11 " 360.52 William O. & Mildred A. Hardekopf 2 " 360.52 RonaldK. & Twila M. Lilienthal 3 It 487.14 Eddie G. & May Hank 4 II 674.24 Eddie G. & May Hank 5 11 " 360.52 Eddie G. & May Hank 5 II 612.68 Randall L. & Dorothy A. King 6 " 612.68 Wilbur R. & Esther D. Beck 7 It 313.72 Delbert G. & Alice S. Beck 8 II 126.62 Frieda Falldorf s ~ of 1 12 It 381. 85 A va Fulmer N t of 1 II 261.68 Alva Fulmer Nt of 1 II 240.35 Gilbert L. & Julia A. Johnson 2 II 573.30 Bob R. & Betty Mae Albee E 50.' of 3 II 355.85 Andrew D. & Christine H. & Shirley L. Anderson 8 It 99.43 Andrew D. & Christine H. & Shirley L. Anderson W t of 9 II 144.91 Oscar E. & Anna W. Hild E t of 9 II 168.82 Oscar E. & Anna W. Hild 10 II 612.68 I . SECTION 2. The special tax shall become delinquent as follows: One-tenth shall become delinquent in fifty days from date of this levy; one-tenth in one year; one-tenth in two years; one-tenth in three years, one-tenth in four years; one-tenth in five years; one-tenth in six years; one-tenth in seven years; one-tenth in eight years; one-tenth in nine years; provided, however, the entire~ount so assessed and levied against ORDINANCE NO. ,4096 (Cont'd) lot or tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each such installments, except the first, shall draw interest . I at the rate of four per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION J. The City Clerk of the City of Grand Island, Nebraska, is hereby directed to forthwith certify to the City Treasurer of said City the amount of said taxes herein set forth, together with instructions to collect same as provided by law. SECTION 4. Such special assessments shall be~id into a Paving District Fund, for the cost of such district for warrants issued upon and paid out of such Paving District Fund. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. I PASSED AND APPROVED this 15th day of January, 1964. ./ L\ (/ .. ~t/tt-/('-(~ C_ Mayor 0') f;t y' // '/ /[~ {( ATTEST: !; ;,L~/ I . ORDINANCE NO. 4097 An Ordinance assessing and levying a special tax to pay the cost of paving in Paving District No. 391 of the City of Grand Island, Nebraska, . I providing for the collection thereof and repealing any provision of the Grand Island City Code, and ordinances, and parts of ordinances in conflict therewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the lots and lands specially benefited by the paving in Paving District No. 391 in the City of Grand Island, Nebraska, as adjudged by the Mayor and Council of such City in proportion to the benefits, and as provided by law, after due and lawful notice, a special tax for the cost of paving in such district, hereby levied at one time upon such lots, and lands, as follows: w. Howard & Hanna Bansal Edgar H.J. & Mary L. Meyer Edgar H. J. & Mary L. Meyer Fredrich R. & Helen M. Ahlschwede Fredrich R. & Helen M. Ahlschwede Bel-Air Corporation Bel-Air Corporation Harvey A. & Agnes R. Ochsner Harvey A. & Agnes R. Ochsner Loren H. & Mary E. Nelson Loren H. & Mary E. Nelson Frank D. & Martha L. Gion Lloyd M. & Beulah L. Egbert Maxwell D. & Joan M. Cramer William I. & Gladys R. Kelly Wade J. & Virginia L. Haynes Quentin H. & Mary Ann Dahlstedt Walter O. & Sarah W. Holliman Tract of land as recorded in Hall County Register of Deeds Office in Deed Book No. 142, P. 555. Damon G. & Ella Mildred Burley Tract of land as recorded in Hall County Register of Deeds Office in Deed Book No. 142, P. 433. Ivan L. & Sylvia L. Raber Tract of land as recorded in Hall County Register of Deeds Office in Book No. 143, P. 56. Johnnie D. & Roberta M. Jordon Tract of land as recorded in Hall County Register of Deeds Office in Deed Book No. 136, P. 526. NAME I I . 6 7 N ~ of 8 S ~ of 8 N 37' of 9 S 30' of 9 10 11 W ~ of 12 E ~ of 12 13 14 15 16 17 18 19 roT BLK ADDITION AMOUNT 2 Bel-Air Addition $ 16.01 " 121.18 " 68.75 " 72.07 " 85.13 " 75.48 " 197.79 " 338.19 " 180.37 " 180.37 " 317.60 " 360.19 " 370.12 " 261.99 " 145.92 " 98.96 " 9.04 Part of SEt of SEt 518.26 Sec. 20-11-9 Part of SEt of SEt 590.66 Sec. 20-11-9 Part of sEt of SEt 484.34 Sec. 20-11-9 Part of E~ of S~ 433.74 SEt Sec. 20-11-9 ORDIN1\.NCE NO. 4097 CCont'd) . I Jay C. & Dorothy J. Stoddard Tract of land as recorded in Hall County Register of Deeds Office in Book No. 141, P. 227. Elmer L. & Mary Anne Schumacher Tract of land as recorded in Hall County Register of Deeds Office in Deed Book No. 139, P. 590. Nick & Betty P. Patsios Tract of land as recorded in Hall County Register of Deeds Office in Book No. 141, P. 16. Part of sEt of SEt Sec. 20-11-9 $421. 34 Part of sEt of SEt Sec. 20-11-9 433.74 Part of SEt of sEt Sec. 20-11-9 421.34 SECTION 2. The special tax shall become delinquent as follows: One-tenth shall become delinquent in fifty days from date of this levy; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six years; one-tenth in seven years; one-tenth in eight years; one-tenth in nine years; provided, however, the entire amount so assessed and levied against lot or tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each such installments, except the first, shall draw interest at the rate of four per cent per annum from the time of levy until the same shall become I delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The City Clerk of the City of Grand Island, Nebraska, is hereby directed to forthwith certify to the City Treasurer of said City the amount of said taxes herein set forth, together with instructions to collect same as provided by law. SECTION 4. Such special assessments shall be paid into a Paving- District Fund, for the cost of such district for warrants issued upon and paid out of such Paving District Fund. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. I . PASSED AND APPROVED THIS 15th'day of January 1964. ,/" //,') -fl /()(! /),,/ (' .1,,) . /;!qj~('-/ L/l ?\v c cc ,C ;;Z V:-:/'-'> Mayor ATTEST: 6- ~_/ / ,,' .---' '/ / ,,/ (/ / (/_~ _~/ ,,/ )J ." ~~~, M.'-? ;:City Clerk ORDINANCE NO. 4098 An Ordinance: pertaining to zoning in the City of Grand Island, Nebraska; changing the classification from "Residence 'k'''' to "Business 'A'" of Lots 1 and 2, Block 13, Boggs and Hill's Addition to such City; . I directing that such change and reclassification be sho-wn 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 rezoning of Lots 1 and 2, Block 13, Boggs & Hill's Addition to the City of Grand Island, from Residence "A" District to Business "A" District approved by the Planning Commission on May 23, 1963; WHEREAS, after public hearing on the 20th day of June, 1963, the Board of Adjustment found and determined that the action of the Planning Commission be approved and the request for rezoning be granted; NOW, 'JIEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND ISLAND, NEBRASKA: SECTION 1. That all of Lots One (1) and Two (2) in Block Thirteen I (13) in Boggs and Hill's Addition to the City of Grand Island, Nebraska, be, and the same are, hereby rezoned and reclassified and changed to "Business 'A' District". SECTION 2. That the official zoning map of Grand Island be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. The findings and recommendations of the Planning Commission and the Board of Adjustment are hereby accepted and adopted and made a part of this Ordinance. SECTION 4. That Appendix I - Zoning of the Grand Island City Code, and all ordinances and parts of ordinances in conflict herewith are hereby amended to reclassify such Lots One (1) and Two (2) in Block Thirteen (13) I . in Boggs & Hill's 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, approval and publication within 30 days in one issue of the Grand Island Daily Independent. PASSED AND APPROVED this 15th day of J~..n~)y,. ~:.. ~4. '.". /." .) ~.. /~c~~~ f) '. ( / ct~J( /r/t:'//( C/ # ~ c\/ AT~ /' <~~j f /,/7:>~/ ,/ City Clerk Mayor . I I I . mmINANCE NO. 4099 An Ordinance to amend Chapter 22 of the Grand Isldnd City Code, entitled "Offcmsc;s-N[iscE;lldneom~fl by ddcHng ther,,::to nevI sectiorw n1Jmhl;r 22-39 cHld L;~>~:O; rnaJeing it w~law~ul to trespass or loiter on private property; making it unlawful to trespass or loiter on public property; rnaking it unlcnvful to trespasi3 on prop(;rty posted for private parking; repealing Ordinance #1921 and all provisions of the Grand Island City Code in conflict herewith; to provide an c'iffective Cl<.1tc? hcC)reof. IT ORDAnmD BY 'THE MAYOl~ AND COUNCIL OF THE CITY OFGI~AI\jD IULAND, NEBRASKA: Section 1. That Chapter 22 of the Grand Island City Code, entitled uOffenses-Miscellaneousu be, and the SdmC~ is hereby amended by ddding thereto, a nevI sect ion numbered ~~)> 39 vlhich shall read aio follovJS: "[]Ee.. 22- 39. 'I'r-:EE)Pi~3S - LOITEIUNG -PRIVATE1:)DOpIl'}i:TY- .t.L\.~. PUBLIC PIWP:cli:'TY. It is hen;by declared unla\flful for dny pc~U; on I ' 1:0 -trespa,c; S or loiter upon the private property of another within the corporate limits of the City without find: having the consent of the ovmer or tenant thareof. -.- J. 11. is further declared to be unlmIful for dny person to trespass or loiter upon any parks, boulevards or public ground~3 nOvI min or lea[3()d by th8 City \iTithout the com; ent of the saicl City OJ vJhc:;re SUCll trespdssinc; or loib=;ring shall cau;-; c ddrcLdge or injury to said pdrks, boulc:~vards or public groundc3 . " ~Jc~ction 2. That Chi.lpter ~1,;2 of the Grand Islcll1d City Code, entitled "Offensos-Miscellaneousu be, and the same h; hc::reby (ln~cmded by ddding thereto, d nevI f;eci:ion numbered 22-40 vJhich s110.11 Jead ciS follovIs: . I I I . OlID[NANCE NO. _~!~ ~Cont . "SEe. 22-40. 'JIcESP1-\S3-Pl\.EKING LOTp-PGJ'TING. It is hereby d(~clcu unlavrful for any person or person;; to enb::;r or go upon any land or enclosure or to drive dny vehicle upon dny land or enclo:::ure or to leave any vehicle upon dny ldnd or enclm;ure that hi:w been postGd by a ~3ign and designated for private parking, without first having obtained 1-.11.(-') com: ent of the ovmer or tendnt therc"of.11 Jc~ction 3. '1'bdt Ordina.nce ifl921 dnd a.ll provisions of the Grdnd Isla.nd City Code in conflict herewith, be, and The; ;3CUUC; L3 hereby repraalecl. Section 4. This Ordindnce shall be in force and taJ::e effect SO cklYf: from and dfter the ddte of its passage. PACJ~3ED AND IIPPI?OVED this 15th cld.y of January , l~)G'l. A'I"TEST: (~U (c fA.eCC) /; ~~~) I/lAYOlc ~YA- ,,(; dir y CrT'Y CLEl<l( ORDINANCE NO. )1100 . I An Ordinance assessing and levying a special tax to pay the cost of building ohe permanent sidewalks ordered to be built by Ordinance No. 3827, and there- after ordered constructed by the City of Grand Island, and providing for the collection thereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the lots and lands improved by the construction of side- walks as constructed under conbact by the City of Grand Island, Nebraska, pursuant to Ordinance No. 3827, being the cost of construction of such sidewalk along the lot hereinafter described as charged against the same as fixed by resolution of the City Council of said City after publication of notice of the time of I meeting for such purpose at least ten days prior there- to, as special assessments for improvements, a special tax herein levied upon such lots and lands as follows: NAME LOT BLK. ADDITION AMOUNT 13 13 5 Reitan 1 4 5 20 7 24 7 Bakers Add. Parkhill 2nd. Bakers Add. Parkhill 2nd. Ashton Place " Millard J. & Darlene J. Abel Everett E. & Frances E. Kasparek Carl E. & E!sie M. Johnson Clarence,John Jr. & Mary N. Carl V. Willard Hollis B. Clegg 16 SECTION 2. Such special taxes are hereby certified to the City Treasurer for collection as provided by Ordinance No. 3827. SECTION 3. Such special taxes shall be certified I . to the County Clerk at the same time as the next cert- ification for general revenue purposes. SECTION 4. Such special taxes shall be paid into a sinking fund to reimburse the "Paving District" appropriated fund, for the cost of such improvements for warrants issued upon and ptd out of such approp $210.47 423.23 128.74 101.61 236.63 216.17 ORDINANCE NO. 4. 1 00 CaNT. riated fund. e'.' ~ I SECTION 5. Any provision of the Grand Island City Code and any provision of any ordinance or part of ordinance in conflict herewith is hereby repealed. PASSED AND APPROVED this fifth day of February, 1964. "v \ /~a c V / ~~~t:V L. . ve~p Mayor ATTEST: I ~~ I . ORDINANCE NO,_. 410t___ An Ordinance assessing and levying a special tax to pay the cost of building the permanent sidewalks ordered to be built by Ordinance No. 3914, and there- after ordered constructed by the City of Grand Island, and providing for the collection thereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the lots and lands improved by the construction of sidewaks as constructed under contract by the City of Grand Island, Nebraska, pursuant to Ordinance No. 3914, being the cost of construction of such sidewalk along the lot hereinafter described as charged against the same as fixed by resolution of the City Council of said City after publication of notice of the time of meeting for I such purpose at least ten days prior thereto, as special assessments for improvements, a special tax herein i. and lands follows: levied upon such lots as NAME LOT BLK. ADDITION AMOUNT Charles T. & Vina Metta Conklin 7 lis Railroad $149.69 Addition School District of the City of Grand Island 13 1 Sothrnans 101 .22 Sub. School District of the City of Grand Island 14 " " 101.22 School District of the City of Grand Island 15 " " 101.22 School District of the City of Grand Island 16 " " 101.22 School District of the City of Grand Island 17 " " 101.22 School District of the City of Grand Island 18 " " 101.22 I School Disbict of the City of Grand Island 19 " " 101.22 School District of the City of Grand Island 20 " " 101.22 . School District of the City of Grand Island 21 " " 101.22 School District of the City of Grand Island 22 " " 101.22 School District of the City of Grand Island 23 " ff 101.22 School District of the City of Grand Island 24 " " 101.22 ORDINANCE NO. 4-1 () 1 CON!. SECTION 2. Such special taxes are hereby cert- ified to the City Treasurer for collection as provided by Ordinance No. 3914. SECTION 3. Such special taxes shall be certified to the County Clerk at the same time as the next cer- tification for general revenue purposes. SECTION 4. Such special taxes shall be paid into a sinking fund to reimburse the "Paving District" ap- propriated fund, for the cost of'such improvements for warrants issued upon and paid out of such approp- riated fund. SECTION 5. Any provision of the Grand Island City Code and any provision of any ordinance or part of ordinance in conflict herewith is hereby repealed. I PASSED AND APPROVED this fifth day of February, 1964. aJ ~--aJ 4%4 Mayor ATTEST: c?~i~& I . ORDINANCE NO. 4102 An Ordinance assessing and levying a special tax to pay the cost be the City of cutting weeds pursuant to Ordinance No. 4011 upon certain lots and tracts and providing for the collection thereof. . I BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The City Council of such City, after publication of notice of time of meeting for such purpose at least ten days prior thereto, having assessed by resolution the cost of cutting, removal or destruction, of weeds by the City pursuant to Ordinance No. 4011 and Section 16-230, R.R.S. Neb. 1943, a special tax is hereby levied upon the re- spective lots and tracts as follows: NAME I Charles & Margaret Sheffield N. P. Dodge Corporation N. P. Qodge Corporation John L. & Helen Oberholtz Orin E. & Bernice Beeder Mary kathern Krieger Ro bert Koch Edgar R~ & Viola E. Ros8 Edg~r R. ~ VXia E. Rose Charles Ennis (deceased) Benj amin Cox, et. al. .. John L. & Helen Oberholtz John L. & Helen Oberholtz John L. & Helen Oberholtz LouisE;! Kipp 1;..ouise Kipp Louise Kipp Gordon L. & Mildred L. Evans Kenneth L. Gleaves, Lots 6,7 & Theodore J. & Myrtle A. Ellsberry I . LOT BLK 13 15 15 4 17 10 1 6 8 11 4 12 2 4 204 205 206 14 8 100 3 ADDITION AMOUNT ff University Place " " " " " " $10.80 10.80 10.80 10.80 10.80 10.80 10.80 10.80 10.80 10.80 10.80 10.80 10.80 10.80 10.80 10.80 10.80 10.80 10.80 10.80 ,G.. L. Evans 103 " 10.80 G. L. Evans 104 " 10.80 Jerry C. & Frances M. Stewart 6 3 Lamberts Add.lO.80 (second) Lillian B. Mahoney 1 3 Park Pla<;:e 10.80 7 23 3 11 14 17 17 15 18 18 22 II II " " " " Hawthorne Place Tllodore & Myrtle Ellsberry 101 "10.80 Theodore. & Myrtle El1sberry 102 "10.80 Stella Hugo 10.80 NW~ of Sec. 22-11-9, being 125 ft. in depth on S side of Phoenix Ave. One tract fronting 108 ft. on E side of Sycamore and one tract fronting 108 ft. on W side of Sycamore, Hawthorn Place. " Belmont Add. " " .5 1 College Add. to West Lawn Evans Add. ORDINANCE NO. 4102 CONT. NAME LOT BLK ADDITION AMOUNT Ernest C. Wells 9 .5 Pleasant Hill $10.80 Addition Ernest C. Wells 10 " " 10.80 . Ernest C. Wells 11 " " 10.80 Ernest C. Wells 12 " " 10.80 I J. B. Forster 8 2 " 10.80 J. B. lforster 9 " " 10..80 John E. & Alice Lammert 1 37 Russei WheelerslO.80 Addition John E. & Alice Lammert 2 " " 10,.80 John E. Qt.. Alice Lammert 3 " " 10.80 William J. Smith 6 '7 West :t;>ark Add. 10.80 William J. Smi t h 7 " " 10 .80 Marjorie F. Fitzpatrick E 202 ft. of S~ of 12 Windoiphs 10.80 SECTION 2. Such special assessments shall draw interest at the rate of seven per cent per .annum and shall be subject to the same penalties and collected in like manner as other City taxes. SECTION 3. Such special taxes are hereby cert- . ified to the City Treasurer for collection as provided I by law. SECTION 4. Such special taxes shall be certified to the County Clerk at the same time as the next cert- ification for general revenue purposes. SECTION 5. Such special taxes shall be paid into a sinking fund to reimburse the "Street Alley and Paving" appropriated fund for warrants issued upon and paid out of such appropriated fund for the cost of such weed cutting. SECTION 6. Any provision of the Grand Island City Code and any provision of any ordinance or part of ordinance in conflict herewith is hereby repealed. I . PASSED AND APPROVED this -fifth day of ]~~brllary 1964. iJ~/vJ~~ Mayor ATTEST: ~~~ ORDINANCE NO. 4103 An Ordinance assessing and levying a special tax to pay the cost of paving in Paving District No. 386 of the City of Grand Island, Nebraska, providing for the collection thereof and repealing any provision of the . I Grand Island City Code, and ordinances, and parts of ordinances in con- flict therewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the lots and lands specially benefited by the paving in Paving District No. 386 in the City of Grand Island, Nebraska, as adjudged by the Mayor and Council of such City in proportion to the benefits, and as provided by law, after due and lawful notice, a special tax for the cost of paving in such district, hereby levied at one time upon such lots, and lands, as follows: Name I Jack W. Calhoun & its complement Lot 3, Blk 22, Wallich's Add. Arthur S. & Florence M. Dickerson & its complement Lot 4, Blk 22, Wallich's Add. Alma H. & Charles A. Snyder & its complement Lot 5, Blk 22, Wallich's Add. Theodore Glenn & Betty Mae Vanosdall Edward J. & Mary Peters Louis L. & Bertha Helzer Carl & Viola E. Ewoldt John P. & Kathryne F. Fagan Charles R. Belpere William L. Roesch Carl F. Roesch Hazel Bly & Arthur R. Simpson N 57' Herman R. & Belva M. Jungclaus S 75' Gerhard D. & Olga A. Oltmanns N 82' Irene (Reher) Stunkel, Except N 82' Lula Manchester Myriad Inc., A Nebr. Corp. William A. & Helen M. Seymour Julia & William Lorance George M. & Faye M. Farrell Thomas Leroy & Evaline L. Davis, N 82' of W 5' Arthur C. & Velda E. Menck,S 50' of W 5' Emanuel A. & Mary Jane Smith, Except W. 5' Arthur C. & Velda E. Menck S 50' Thomas Leroy & Evaline L. Davis N 82' Arthur C. & Velda E. Menck S 50' Lester E. & Doris I. Wells N 82' Harold C. Cain George & Clara M. Roth Anna L. & Theodore R. Schroeder Paul E. & EvelynP. Magnuson Jack O. & Anna C. Chambers I . Lot Blk Addition Amount 3 5 Bonnie Brae 4 5 " 5 " 6 7 8 1 6 2 3 8 9 10 10 1 4 1 2 3 8 9 10 " " " " " " " " " " Wallich's " " " " " " 3 5 3 3 4 4 5 5 6 7 8 3 9 4 " " " " " " " " " " " " $128.77 313.84 612.92 525.08 268.87 110.32 612.92 313.84 128.77 116.65 284.JO 256.88 298.34 380.75 232.16 313.84 69.22 128. 77 313.84 612.92 16.22 9.89 102.67 118.88 194.96 232.16 380.75 612.92 313.84 128.77 128.77 313.84 Crystal Lucile Conger, Edward L. Rogers & Harold M. Rogers Zula Viola Brown Walter G. & Gladys V. Hadenfeldt Wayne N. & Geraldine E. Scarborough School District of Grand Island School District of Grand Island School District of Grand Island School District of Grand Island School District of Grand Island School District of Grand Island Alfred F. & Meta Wiegert Alfred F. & Meta Wiegert Alfred & Meta E. Wiegert Celia 1. Boltz Emilie A. Haffley & Marie Bartee Harvey A. & Marie Rehder Leonard A. & Marie M. Ewing Roy W. Jr. & Nancy E. Boltz Ru th 1. Eggers Nitzel & Son, Inc. Harold A. & Alma E. Hansen Floyd C. & Ruth E. Vaughan Dorthulia Neal R.B. & Caroline B. Lockwood N.70.7' Charles & Olive Teel Except N.70.7' August P. & Della M. Eggers Edward H. & Edith H. Tagge Delbert B. & Delores O. Battles Clift & Blanch Adams & Harriet Adams & its complement Blk 1, Wallich's Add. Clift & Blanch Adams & Harriet Adams Martin C.& Joan V odehnal Raymond H. & MarillnM. Beyersdorf S. 86.55' of E 28.6', Lot 9, Blk. 2, Wallich's Add., together with S. 86.55' of Lot 10, Blk 2, Wallich's Add. & its complement Lot 10, Blk 13, Fairview Park Add., being a tract of land with 81.4' fronting on 9th ~,:>, St., and 86.55' fronting on Adams st.; all described in Deed Book 137, P. 545 at Hall Co. Register of Deeds Office. Oswald & Elsie Sorensen Lots 8, 9, and 10 except the S. 86.55' in Blk 2 of Wallich's Add.; all of Lot 9 in Blk 13 of Fairview Park Add., and the N 45.45' of Lot 10, in Blk 13 of Fairview Park Add., being a tract of land with 45.45' fronting on Adams St., 86.88'along the northerly side, 113.1' along the southerly side and 52.1' along the west side which is also the E line of Broadwell Ave., all described in Deed Book 141, P. 361 at Hall Co. Register of Deeds Office. ORDINANCE NO. 4 103 . I S. 89.3' N. 42.7' I 5 9 6 7 8 1 10 2 3 8 9 10 10 1 14 2 3 8 9 10 3 15 4 5 6 6 7 8 1 13 1 3 14 4 5 6 7 8 (Cont'd) Wallich's " " " " " " " " " " " " " " " " " " " " " " Fairview Park " " " " " " " 2 Wallich's 13 Fairview Park $6:C2.92 612.92 313.84 128.77 612.92 313.84 128.77 128.77 313.84 612.92 612.92 313.84 128.77 110.32 268.87 525.08 128.77 313.84 612.92 414.64 198.27 313.84 128.77 110.69 200.88 128.77 313.84 612.92 612.92 313.84 128.77 465.70 203.44 SECTION 2. The special tax shall become delinquent as follows: One- I . tenth shall become delinquent in fifty days from date of this levy; one- tenth in one year; one-tenth in two years; one~tenth in three years; one- tenth in four years; one-tenth in five years; one-tenth in six years; one- , tenth in seven years; one-tenth in eight years;. one-tenth in nine years; provided, however, the entire amount so assessed and levied against lot or tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each ORDINANCE NO. 4193 (Cont'd) such installments, except the first, shall draw interest at the rate of four per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. . I SECTION J. The City Clerk of the City of Grand Island, Nebraska, is hereby directed to forthwith certify to the City Treasurer of said City the amount of said taxes herein set forth, together -with instructions to collect same as provided by law. SECTION 4. Such special assessments shall be paid into a Paving District Fund, for the cost of such district for warrants issued upon and paid out of such Paving District Fund. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. PASSED AND APPROVED this 5th day of Fe(').aj'rY' 1964. ( ~c:::) t ~R~-vU /DL~cQ Mayor I ATTEST: ~J~ City Clerk I . ASSESSMENT ORDINANCE NO. 4104 1m ordinance assessing and levying a special tax to pay the cost of paving in Paving District No. 397 of the City of Grand Island, Nebraska, providing for the collection thereof and repealing any provision of the Grand Island City Code, and ordinances, and parts of ordinances in conflict therewith. . I BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the lots and lands specially benefited by the paving in Paving Dis- trict No. 397 in the City of Grand Island, Nebraska, as adjudged by the Mayor and Council of such City in proportion to the benefits, and as provided by law, after due and lawful notice, a special tax for the cost I of paving in such district, hereby levied at one time upon such lots, and lands, as follows: NAME LOT BLK Donald T. & Lavera May Kerr 9 Edward F. & Ella Clussen, N~ of Helen Meyer, S~ of Donald T. & Lavera May Kerr Helen Meyer Grand Island Production Credit Association, A Corporation William A. Krienke, E-55' Benjamin F. & Adeline Sharp 11-87' Bank Ass 'n I . Central Federal Land of Grand Island, and Grand Island Federal Land Bank Association of Grand Island William A. Krienke E-55' Benjamin F. & Adeline Sharp W-87' John F. Raymond John F. Darlene John F. William 16 & Clara A. Hoeft 1 L. & Dorothy M. McDermott 2 & Clara A. Ho~ft 3 M. Powell 4 & Clara A. Hoeft 5 L. & Lorraine Behrens 6 10 10 11 12 13 14 14 15 16 ADDITION 14 College Ad- dition to West Lawn " If If If " " If If " " " If If If " " " " " " 15 " If " " " If " " " " " SECTION 2. The special tax shall become delinquent AMOUNT $193.15 93.90 78.07 212.60 1 79 .01 273.$0 89.28 141.23 510.04 166.33 263.10 543.87 514.87 298.08 273.66 225.06 213.05 as follows: One-tenth shall become delinquent in fifty days ORDINANCE NO. 4104 CaNT. from date of this levy; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four . I years; one-tenth in five years; one-tenth in six years; one-tenth in seven years; one-tenth in eight years; one- tenth in nine years; provided, however, the entire amount so assessed and levied against lot or tract may be paid within fifty days from the date of this levy without in- terest, and the lien of special tax thereby satisfied and released. Each such installments, except the first, shall draw interest at the rate of six per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The City Clerk of the City of Grand I Island, Nebraska, is hereby directed to forthwith certify to the City Treasurer of said City the amount of said taxes herein set forth, together with instructions to collect same as provided by law. SECTION 4. Such special assessments shall be paid into a Paving District Fund, for the cost of such district for warrants issued upon and paid out of such Paving Dis- trict Fund. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ord- inance, in conflict herewith, is hereby repealed. PASSED AND APPROVED this ~~~~ ' Mayor I . ATTEST: ~~{~ (SEAL) ORDINANCE NO. 4105 An Ordinance assessing and levying a special tax to pay the cost of a:mstruction of Water Main District . I No. 235 of the Cu:y of Grand Island, Nebraska; fixing a rate per linear (front) foot for connections thereto; providing for the collection of such special tax or connection charge; and repealing any provision of the Grand Island City Code, ordinances, and parts of ord- inances, in conflict therewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and lR"ce1s of land, specially benefited, for the purpose of paying the cost of construction of said water main in said Water Main District No. 235, as adjudged by the Mayor and Council I of said City, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: NAME LOT BLK ADDITION AMOUNT I . Bel-Air Corporation 1 21 Scarff's Ad- $150.00 dition to West Lawn Bel-Air Corporation 2 If" 150.00 Bel-Air Corporation 3"" 150.00 Bel-Air Corporation 4"" L5U.00 Bel-Air Corporation 5 If" 126.90 Bel-Air Corporation 6"" 118.75 Bel-Air Corporation 7 22 If 150.00 Bel-Air Corporation 4"" L50.00 Bel-Air Corporation 6 If" 135.73 Bel-Air Corporation "175.00 That part of West 17th Street vacated by Ord. No. 3993, being more particularly described as follows: Beginning at the S.W. corner of Lot 16, Blk. 20, Scarff's Addition to West Lawn, thence East on the South line of said Lot 16 for a distance of 177.4 ft. to the S.E. corner of said Lot 16; thence South on a prolongation of the East line of said Lot 16 for a distance of 70 ft. to the N.E. corner of Lot 2, Blk. 21 in said Scarff's Addition to West Lawn; thence West on the North line of said Lot 2 ,for a distance of 177.6 ft. to the N.W. corner of said Lot 2; thence North on a prolongation of the West line of said Lot 2 for a distance of 70 ft. to the point of beginning. ORDINANCE NO. 4105 CONT. . I Bel-Air Corporation "$175.00 That part of West 17th Street vacated by Ord. No. 3993 bein~ more particularly described as follows: Beginning at the SW corner of Lot 16, Blk. 19, Scarff's Addition to West Lawn; thencE East on the South line of said Lot 16 for a distance of 132 ft. to the SE corner of said Lot 16; thence South on a prolongation of the East line of said Lot 16 for a distance of 70 ft. to the NE corner of Lot 2, Blk. 22 in said ScarffJs Addition to West Lawn; thence West on the North line of said Lot 2 for a distance of 132 ft. to the NW corner of said Lot 2; thence North on a prolongation of the West line of said Lot 2 for a distance of 70 ft. to the point of beginning. Bel-Air Corporation "175.00 That part of West 17th Street vacated by Ord. No. 3993, bein more particularly described as follows: Beginning at the SW corner of Lot 15, Blk. 20, Scarff's Addition to West Lawn; thence East on the South line of said Lot 15 for a distance of 175 ft. t the SE corner of said Lot 15; thence South on a prolongation of the East line of said Lot 15 for a distance of 70 ft. to the NE corner of Lot I, Blk. 21 in Scarff's Addition to West Lawn; thence West on the North line of said Lot 1 for a distance of 175 ft. to the NW corner of said Lot 1; thence North on a pro- longation of the West line of said Lot 1 for a distance of 70 ft. to the point of beginning. SECTION 2. The special tax shall become delinquent as follows: One-fifth of the total amount shall become de- I linquent in fifty days; one-fifth in one year; one-fifth in two years; one-fifth in three years; and one-fifth in four years, respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract, or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of six per cent per annum from the time of such levy until they shall become delinquent. After the SIDe become delinquent, interest at the rate of nine per I . cent per annum shall be paid thereon, until the same is collected and paid. SECTION 3. The City Clerk of the City of Grand Island, Nebraska, is hereby directed to forthwith certify to the City Treasurer of said City the amount of said taxes herein set forth together with instructions to collect same as provided by law. ORDiNANCE NO. 4105 CONT. SECTION 4. Such special assessments shall be paid into . I a fund to be designated as the "Sewer and Water Extension Fund. " SECTION 5. In addition to all other costs payable pursuant to Chapter 35 of the Grand Island City code,. there shall be collected in advance the sum of $2.50 per linear (tront) foot of property located within the boundaries of the C~ty of Grand Island abutting upon such water main in such Water Main District No. 235 for con- nection thereto, not assessed in Section One (1) of this Ordinance. SECTION 6. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ord- inance, in conflict herewith, is hereby repealed. I SECTION 7. This Ordinance shall be in force and take effect from and after its passage, approval and pub- lication within thrity days in one issue of the Grand Island Daily Independent. Passed and approved this fifth day of February , 1964. fi~\ j fUc:;2 tv cuLV-vL fl ~ ... Mayor ATTEST: I . ,,~ S'~~ City Qerk ORDINANCE NO. 4106 . I An Ordinance assessing and levying a special tax to pay the cost of laying water service pipe connecting to water mains in Paving Districts by the City of Grand Island as provided by Section 31-16 of the Grand Island City Code, and providing for the collection thereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the lots and tracts improved by the laying of service pipe and connecting the same with the water mains in the streets in Paving Districts numbered 384, 388, 391, 392 and 398 respectively, for reason of the neglect and failure of the owners of the lots and tracts hereinafter described after notice as I required by Section 31-14 of the Grand Island City Code to lay such service pipes and make such con- nections in the several streets in such Paving District, the same being the equal and uniform cost of such extensions, connections and improve- ments, as assessed against the same by resolution of the City Council of the City of Grand Island, after publication of notice of the time of meeting for such purpose at least ten day,s prior thereto, as provided by Section 31-16 of the Grand Island City Code, a special tax is hereby levied upon the lots and tracts, as follows: I . NAME DESCRIPTION AMOUNT Paving District No. 384. John W. & Vera A. Nolan Lot 26, West Lawn $51.00 Addition, except the N 3 ft. Paving District No. 388. Merrill R. & Gertrude M. Impecoven All of Lot 1 &: S 51.00 29' of Lot 2:15 West Park Addition ORDINANCE NO._~106 CONT. NAME DESCRIPTION AMOUNT Paving District No. 391. I Johnie D. & Roberta M. Part of the East one- $51.00 Jordan half (E~) of tne South one-h~lf_(S~) Southeast Quarter ($E~) of Section Twenty (?O).Township E- leven (11), North, Range Nine (9),.West of the 6th P.M.,_m9re particularly described as follows: Commencing at a point on the Southerly line of Del Monte Avenue, which point is Three Hundred Fifty- two (352) feet Southwesterly from Lot One (1), Block Five (5), Bel~A~r Addition, to the City of Grand Island, Nebraska, thence running Southwesterly along and upon a line parallel with the southwesterly lot line of said Lot One (1), and Threee Hundred F~f~y-two (352) feet distant therefrom, for a distance of One Hun- dred"Twenty-six (126) feet; thence running Southwest- erly on a line parallel with the southerly line of Del Monte Avenue for a distance of seventy (70) feet; thence running Northwesterly on a line parallel with the Southwesterly lot line of said Lot One, (1), Block Five (5), Bel-Air Addition and Fou~ Hundred Twenty- two (422) feet distant there from for a distance of One Hundred Twenty-six (126) feet to the Southerly line of Del Monte Avenue; thence running Northeasterly on and upon the southerly line of Del Monte Avenue, for a distance of Seventy (70) feet to the point of beginning. . I Paving District No. 392. Elmer & Hazel Hann Lot 11, Block 2, West Bel- fil.OO .ir 2nd Addition. I Elmer & Hazel Hann Lot 12, ,t ff 51.00 Elmer 6c Hazel Hann Lot 13, " ,t 51.00 . Elmer Qc Hazel Hann Lot 14, " If 51.00 Elmer & Hazel Hann Lot 15, " " 51.00 Elmer & Hazel Hann l,.ot 16, " " 51.00 Elmer & Hazel Hann Lot 17, ,. ff 51.00 Elmer & Hazel Hann Lot 18, ,. " 51.00 Elmer & Hazel Hann Lot 19, .. " 51.00 Elmer & Hazel Hann l:.,ot 20, u ,. 51.00 ORDINANCE NO.~106 _Cont. NAME DESCRIPTION AMOUNT Paving District No. 398. . I Bel Air Corporation Lot 13>> Blk. 5>> Bel Air Add. $51.00 Bel Air Corporation I.,ot 14>> " ff 51.00 Bel Air Corporation I.,ot 15 >> .. .. 51.00 Bel Air Corporation I.,ot 16>> " " 51.00 Bel Air Corporation I.,ot 17>> II " 51.00 SECTION 2. The several amounts hereinbefore assessed and levied as a special tax shall bear interest at the ra~e of six (6) per cent per annum from the date of passage of this ordinance. SECTION 3. Such special taxes are hereby cert- ified to the City Treasurer for collection as provided by law. SECTION 4. Such special taxes shall be certified to the County Clerk at the same time as the next cert- ification for general revenue purposes. SECTION 5. Such special taxes shall be paid into I a sinking fund to reimburse the "Water ~urplus Fundft for the cost of such im- provements. 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. PASSED AND APPROVED this fifth day of February>> 1964. JJ ~/J p-f?ej-fJ Mayor I . ATTEST: ~rb City Clerk ORDINANCE NO.. 4107 An Ordinance directing and authorizing the conveyance and sale by the City of Grand Island, Nebraska, of certain real estate owned by said City to Swift & Company, an Illinois corporation, said real estate being . I a tract of land located in the Industrial Addition to the City of Grand Island, Nebraska, a~rt of the Southwest Quarter of Section 14, Township 11 North, Range 9 West of the 6th P.M.., Hall County, Nebraska, and which tract is more particularly hereinafter described, and providing for the giving of notice of such sale, the terms thereof, and notifying electors of said City of their right to file a remonstrance against such sale. WHEREAS the City of Grand Island, Nebraska, presently has title to certain real estate situated within said City and comprising certain lots in the Southwest Quarter of Section 14, Township 11 North, Range 9 West, of the 6th P.M., Hall County, Nebraska, and all being in the Industrial Addition to said City and more particularly described as follows: I A tract of land comprising 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), Eighty (80h 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 (swit). 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: I . Beginning at a point Seventy (70.0) feet south and thirty- three (33) feet Ea~t of the Northwest corner of said Southwest Quarter (swit); thence running easterly and parallel to the north line of said Southwest quarter (swit) a distance of One Thousand Nine Hundred Thirty-Seven and Five. Tenths (1,937.~ feet; thence running Southerly and parallel to the west line of said Southwest Quarter (swit) a distance of Qne 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 Company; 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 swit swit; thence running Northerly along the east line of the .swit swit a distance of Thirty-Nine and Sixty- Eight Hundredths (39.68) feet to the northeast corner of the swit swit; thence running Westerly along the north line of the swit swit a distance of Seventy-Six and T'hirty-Seven Hundredths (76.37) feet to a point on the Northerly right-of-way line of the C.. B. & Q.. Railroad Company; thence running Northwesterly along said R.. O. W. a distance of One Thousand Three Hundred Seventy and Fifty-Six Hundredths (1,370.56) feet to a point Thirty-Three (33.0) feet East of the West line of said Southwest Quarter; 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, Nebraska, ORDINANCE NO. 4107 (Cont'd) and, WHEREAS negotiations have heretofore been entered into between the Mayor and Council of said City and representatives of Swift & Company, . I an Illinois corporation, for the sale by said City of such property above referred to to Swift & Company and upon such terms and conditions as are hereinafter set forth in this Ordinance; and WHEREAS in order that the real property above referred to and described can be best used and the interests of the City and its inhabitants can best be served, it is conducive to the best interests of the City and its inhabitants that said real property above referred to and described be sold by said City to the said Swift & Company; and WHEREAS pursuant to the provisions contained in Section 16-202 of Chapter 16 of the Revised Statutes of Nebraska, 1943, Reissue of Volume lA, 1962, the Mayor and Council of said City have authority to sell and convey real estate owned by the City upon compliance with terms and conditions set forth in said Section 16-202; I NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, as follows: SECTION 1. That it is conducive to the best interests of the City of Grand Island, Nebraska, and the inhabitants of said City, that the property referred to and described hereinabove in the preamble hereof and title to which is now in the City of Grand Island be conveyed by the City to Swift & Company for the total sum of Thirty-one Thousand Five Hundred and Fifty Dollars ($31,550) and upon such terms and conditions as are set forth in the instrument of conveyance which should be in substant- ially the following form: I . - 2 - ORDINANCE NO. 4. 107 (Cont'd) WARRANTY DEED The grantor, City of Grand Island, a city of the first class and a municipal corporation organized and existing under and by v~ue of the . I laws of the State of Nebraska, and located in Hall County, in consideration of Thirty-One Thousand Five Hundred and Fifty Dollars ($31,550) received from grantee, does grant, bargain, sell convey and confirm unto Swift & Company, an Illinois corporation duly authorized to do business in the State of Nebraska: I A tract of land comprlslng 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 in the Industrial Addition to the City of Grand Island, Nebraska, and more particularly described as follows: A tract of land comprising 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~ine (79), Eighty ~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 (swt) 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 (swt); thence running easterly and parallel to the north line of said South- west quarter (swt) a distance of One Thousand Nine Hundred Thirty- Seven and Five Tenths (1,937.5) feet; thence running Southerly and parallel to the west line of said Southwest Quarter (swt) a distance of One Thousand Six Hundred Thirty and Thirty-Two Hundredthc; (1,630.32) feet to a point on the Northerly right-of-way line of the C. B. &Q. Railroad Company; 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 swt swt; thence running Northerly along the east line of the swt swt a distance of Thirty-Nine and Sixty-Eight Hundredths (39.68) feet to the northeast corner of the swt swt; thence running Westerly along the north line of the swt swt 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 Company; thence running Northwesterly along said R. O. W. a distance of One Thousand Three Hundred Seventy,: and Fifty- Six Hundredths (1,370.56) feet to a point Thirty-Three (33.0) feet East of the West line of said Southwest Quarter; thence running North and~rallel 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, Nebraska. I . To have and to hold the above described premises together with all tenements, hereditaments and appurtenances thereto belonging unto the grantee and to grantee's successors and assigns forever. - :3 - ORDINANCE NO. 4. 1 07 (Cont'd) And the grantor for itself and its successors does hereby covenant with the grantee and with grantee's successors and assigns that grantor is lawfully seized of said premises; that they are free from encumbrance; . I that grantor has good right and lawful authority to convey the same; and that grantor warrants and will defend the title to said premises against the lawful claims of all persons whosoever, subject to easements, restrict- ions, covenants and conditions of record. In witness whereof, grantor has hereunto caused its corporate seal to be affixed and these presents signed by its Mayor. Dated February , 1964. CITY OF GRAND ISLAND By Mayor Attest: City Clerk STATE OF NEBRASKA, County of Hall: I Before me, a notary public qualified in said county, personally came _, Mayor of the City of Grand Island, a city of the first class and a municipal corporation, known to me to be the Mayor and identical person who signed the foregoing instrument, and acknowledged the execution thereof to be his voluntary act and deed as such officer and the voluntary act and deed of said corporation and that its corporate seal was thereto affixed by its authority. Witness my hand and notarial seal on , 1964. Notary Public My commission expires , 19_. I . - 4 - ORDINANCE NO. 4107 (Cont'd) SECTION 2. That immediately upon the passage and publication of this Ordinance the City Clerk shall publish notice of such sale of real estate as hereinabove provided for and describing the terms of such sale, . I which said notice shall be published for three (3) successive weeks in the Grand Island Daily Independent, the same being a newspaper published in and having a general circulation within the City of Grand Island, Nebraska,[ such notice to be in substantially the following form: NOTICE OF PROPOSED SALE OF CERTAIN REAL ESTATE OWNED BY THE CITY OF GRAND ISLAND, NEBRASKA, AND INDICATING THE TERMS OF SUCH SALE. Notice to all Electors of the City of Grand Island, Nebraska, and to all other persons who may be interested: PUBLIC NOTICE is hereby given that pursuant to the provisions contained in Section 16-202 of Chapter 16 of the Revised Statutes of Nebraska, 1943, Reissue of Volume lA, 1962, the Mayor and Council of the City of Grand Island, Nebraska, on the 12th day of February, 1964, did adopt an Ordinance directing and authorizing the sale and conveyance of I that real estate owned by the City and located in a part of the Southwest Quarter of Section 14, Township 11 North, Range 9 West, of the 6th P.M., Hall County, Nebraska, and being in the Industrial Addition to the City and such real estate being further described as: A tract of land comprising 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), Eighty (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 (swt) 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: I . Beginning at a point Seventy (70.0) feet south and thirty- three (33) feet East of the Northwest corner of said Southwest Quarter (swt); thence running easterly and parallel to the north line of said Southwest Quarter (swt) a distance of One Thousand Nine Hundred Thirty-Seven and Five Tenths (1,937.5) feet; thence running Southerly and parallel to the west line of said Southwest Quarter (swt) 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 Company; 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 swt swt; thence running Northerly along the east line of the swt swt a distance of Thirty-Nine and Sixty-Eight Hundredths (39.68) feet to the northeast corner of the swt swt; thence - 5 - ORDINANCE NO. k 1 07 (Cont'd) . I running Westerly along the north line of the swt swt 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 Company; thence running Northwesterly along said R. O. W. a distance of One Thousand Three Hundred Seventy and Fifty-Six Hundredths (1,370.56) feet to a point Thirty-Three (33.0) feet East of the West line of said Southwest Quarter; 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, pre- pared by Thomas L. Jordan, Registered Land Surveyor, Grand Island, Nebraska, to Swift & Company, an Illinois corporation, upon receipt of the sum of Thirty-one Thousand Five Hundred and Fifty Dollars ($31,550), such convey- ance to be by a warranty deed to be executed on behalf of the City by the Mayor, the corporate seal of the City to be affixed thereto and to be attested by the City Clerk. A petition signed by legal voters of the City of Grand Island and constituting in number a number at least equal to thirty per cent (30%) of the number of electors of the City voting at the last regular municipal election held in the City and remonstrating against such sale of the real I estate above referred to, may be filed with the Council of the City of Grand Island within thirty (30) days of the passage and the publication of such Ordinance directing and authorizing such sale as was adopted on the 12th day of February, 1964, and if any such remonstrance petition is filed, such real estate owned by the City above referred to and described shall not be sold nor within one year thereafter be sold. This notice of sale and of the terms thereof is given by order of the Mayor and Council of the City of Grand Island, Nebraska, at Grand Island, Nebraska, this day of , 1964. City Clerk SECTION 3. That upon the expiration of thirty (30) days from the date . ,.....l of the passage and publication of this ordinance, and if within such thirty I . (30) day period no remonstrance~tition is filed against the proposed sale and conveyance of the real estate owned by the City, and as hereinabove provided for, then the Mayor and the Clerk of said City shall execute the instrument of conveyance, affix the corporate seal of the City thereto, and deliver the same to Swift & Company upon receipt of the purchase price - 6 - ORDINANCE NO. 4107 (Cont'd) therefor, namely, the sum of Thirty..one Thousand Five Hundred and Fifty Dollars ($31,550). SECTION 4. That this Ordinance shall be in full force and effect . I immediately from and after its passage, appro~ and publication as pro.. vided by law. Passed and approved this 12th day of Februa;y:~ h<.64. /J uC (2) ~1r/e:/C Q ~{: Mayor Attest: ~S'~ . City Clerk I I . - 7 - ASSESSMENT ORDINANCE NO. 4108 An Ordinance assessing and levying a special tax to pay the cost of paving in Paving District No.- . I 392 of the City of Grand Island, Nebraska, pro- viding for the collection thereof and repealing any provision of the Grand Island City Code, and ordinances, and parts of ordinances in conflict therewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the lots and lands specially benefited by the paving in Paving District No. 392 in the City of Grand Island, Nebraska, as adjudged by the Mayor and Council of such City in proportion to the benefits, and as provided by law, after due and lawful notice, a special tax for the cost of paving in such district, hereby levied at one time I upon such lots, and lands, as follows: NAME LOT BLK I . Elmer & Hazel Hann 1 Elmer & Hazel Hann 2 Elmer & Hazel Hann 3 Elmer & Hazel Hann 4 Donald F. & Jeanette Miller 1 Karl T. & Betty L. MacKinnon 2 Earl K. & Lazetta Barnes 3 Elmer & Hazel Hann 4 Alton C. & Dorothy G. Kienker 5 Wilfred G. & Marjorie F. Barnes 6 Wilfred G. & Marjorie F. Barnes 7 Edward R. & Charlanne N. Jenkins 8 Elmer & Hazel Hann 9 Elmer & Hazel Hann 10 Elmer & Hazel Hann 11 Elmer & Hazel Hann 12 Richard H. & June A. Franzen 13 Richard H. & June A. Franzen 14 James O. & Naomi E.Williams 15 Roy V. & Helen M. Hesselgesser 16 Harold R. & Marjorie L~ Klein 17 Wilfred G. & Marjaie F. Barnes 18 Robert 'C. & Alice Hellbusch 19 Glenn S. & Jewel P. Fairchild 20 Elmer & Hazel Hann 4 Elmer & Hazel Hann 11 Elmer & Hazel Hann 12 Elmer & Hazel Hann 13 Elmer & Hazel Hann 14 ADDITION AMOUNT 1 " " " West Bel Air " " " " " " " " " " " " " " " " " " " " " " " West Bel Air Second " " " " 2 " " " " " " " " " " " " " " " " " " " 1 2 " " " $573.97 573.97 301.24 600. 70 949.88 803.76 759.27 738.83 724.99 724.99 738.83 759.27 803.76 949.88 334.92 188.80 144.31 123.87 110.03 110.03 123.87 144.31 188.80 334.92 245.98 614.96 614.96 614.96 614.96 ORDINANCE NO.410B CONT . NAME LOT BLK ADDITION AMOUNT Wilfred G. & Marjorie F. Barnes 15 ff " $614.96 Elmer & Hazel Hann 16 " " 614.96 Elmer & Hazel Hann 17 " " 614.96 . Elmer & Hazel Hann 18 " " 614.96 Elmer & Hazel Hann 19 " " 614.96 Elmer & Hazel Hann 20 " " 614.96 I Elmer & Hazel Hann Part of SW~ SE 22~.86 ~ Sec. 20-11-9. To be paid according to contract dated April 3 1963, for a tract of land in the SW~, SE~ of Sec. 20-11-9, more particularly described as follows: Beginning at the SE corner of the SW~ of the SE~ of said Sec. 20; thence N on the E line of the SW~ of the SE~ of said Sec. 20 for a distance of 273 ',ft . to theSE corner of West Bel Air Addition; thence '[iff on the S line of WEST Bel Air Addition for a distance of 313 ft. to the SW corner of West Bel Air Addition; thence S. on a line parallel to and 313 ft. W from the E line of the SW~ of the SE~ of sa~d Sec. 20 to the S line of said Sec. 20; thence W on the S. line of said Sec. 20 for a distance of 313 ft. to the pant of beginning. SECTION 2. The special tax shall become delin- quent as follows: One-tenth shall become delinquent in fifty days from date of tHs levy; one-tenth in one year; I one-tenth in two years; one-tenth in three years; one- tenth in four years; one-ttnth in five years; one-tenth in six years; one-tenth in seven years; one-tenth in eight years; one-tenth in nine ~rs; provided, however, the entire amount so assessed and levied against lot or tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each such installments, except the first, shall draw interest at the rate of four per cent per annum from the time of levy until the same shall become delinquent. After the same shall be- I . come delinquent, inte~t at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The City Clerk of the City of Grand Island, Nebraska, is hereby directed to forthwith cert- ify to the City Treasurer of said City the amant of said taxes herein set forth, together with instructions to ORDINANCE NO. k. 108 CONT. collect same as provided by law. SECTION 4. Such special assessments shall be . I paid into a Paving District Fund, for the cost of such district for warrants issued upon and paid out of such Paving District Fund. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. PASSED AND APPROVED this 19th Day of February , 1964. i' / C!..... '\ \ //~:// C~ " , ) ?1'./{.tJ!/ t: U / rY f2C<,-P Mayor I ATTEST: ~~~ (SEAL) I . ORDINANCE NO. 4109 An Ordinance assessing and levying a special tax to pay the cost Jdf paving in Paving District No. 398 of the City of Grand Island, Nebraskaj providing for the collection thereof, and repealing any provision . I of the Grand Island City Code, and ordinances, and parts of ordinances in conflict therewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the lots and lands specially benefited by the paving in Paving District No. 398 in the City of Grand Island, Nebraska, as adjudged by the Mayor and Council of such City in proportion to the benefits, and as provided by law, after due and lawful notice, a special tax for the cost of paving in such district, hereby levied at one time upon such lots, and lands, as follows: Name Lot Blk Addition Amount Bel-Air It I Helen Krikac & Marilyn K. Laird 10 5 Gerald & Karen K. Bryson 11 Bel-Air Corp. 12 Bel-Air Corp. IJ Bel-Air Corp. 14 Bel-Air Corp. 15 Bel-Air Corp. 16 Bel-Air Corp. 17 Bel-Air Corp. 18 Bel-Air Corp. 19 Bel-Air Corp. 20 Robert & Patrica J. Golka 1 6 Bel-Air Corp. 2 Bel-Air Corp. 3 Bel-Air Corp. 4 Bel-Air Corp. .5 Bel-Air Corp. S 30' of 6 Frank & Martha L. Gion N 40' of 6 Bel-Air Corp. N 30' of 7 Frank & Martha L. Gion S 40' of 7 Bel-Air Corp. 8 Bel-Air Corp. S 60' of 9 Tannies & Ester Waller N 10' of 9 Howard & Catherine Hinman pt of SEt SEt Sec. 20 Part of the SEt of SEt Sec 20-11-9 W of 6th P.M., more particularly described as follows: Beginning at the SE corner of said Sec. 20, thence running Nupon the E line of said Sec. 20 a distance of 628 ft. to the SE corner of Bel-Air Add., thence running Wupon the S line of Bel-Air Add, a distance of 175 ft., thence running S and parallel to .the E line of said Sec. 20 a distance of 216.49 ft. to the actual place of beginning, thence running W a distance of 130 ft. to a point 213.88 ft. S of the S line of said Bel-Air Addo, thence running S and parallel to the E line of said Sec. 20 a distance of 75 ft, thence running E a distance of 130 ft. toa point 288.88 ft. S of the S line of said Bel-Air Add., thence running N and parallel to the E line of said Sec. 20 a distance of 75 ft. to the beginning. " It It It It " It " " It " " " " " It " " It " " I . $276.47 592.58 965.61 611.55 725.69 862.43 913.89 1111.74 442.57 444.26 446.77 603.51 563.27 563.27 563.27 563.27 241.40 321.87 241.40 321.87 563.27 482.80 80.47 162.78 ORDINANCE 4109 (Cont'd) I William K. & Gloria S. Merrill pt. SEt SEt Sec. 20 $192.46 Tract of land located in SEt SEt Section 20-11-9, W of 6th P.M., more particularly described as follows; Beginning at the SE corner of said Sec. 20, thence running N upon the E line of said Sec. 20 a distance of 628 ft. to the SE corner of Bel-Air Add. to the Ci ty of Grand Island, Nebraska; thence Westerly upon. the S line of said Bel-Air Add. a distance of 175 ft. thence running southerly a distance of 141.49 ft. to the actual place of beginning; thence running W a distance of 130.0 ft. to a point 138.88 ft. S of the S line of said Bel-Air Add., thence running S and parallel to the Eline of said Sec. 20 a distance of 75.0 ft., thence running E a distance of 130.0 ft. to a point 216.49 ft. S of the S line of said Bel-Air Add., thence running N and parallel to the E line of said Sec. 20 a distance of 75.0 ft. to the place of beginning. Duane L. & Karen K. Wolfe Pt. SEt SEt Sec. 20 $405.81 A tract of land located in the SEt of SEt Section 20-11-9 W of 6th P.M. in Hall County, Nebraska, more particularly described as follows: Beginning at the SE corner of said Section 20, thence N upon the E line of said Sec. 20 a distance of 628 ft. to the SE corner of Bel-Air Add., thence W upon the S line of Bel- Air Add. a distance of 175 ft. to actual place of beginning; thence W upon the S line of said Bel-Air Add. a distance of 130 ft., thence running S and parallel to the E line of said Section 20, a distance of 63.88 ft., thence running E a distance of 130 ft. to a point 66.49 ft. S of the S line of said Bel-Air Add., thence running N and parallel to the E line of said Sec. 20 a distance of 66.49 ft. to a place of beginning. Troy B. & Iris Durning Pt. SEt SEt Sec. 20 $256.86 A tract of land in the SEt S~ Section 20-11-9, commencing at the SE corner of said Sec. 20, thence running Nupon the E line of said Sec. 20 a distance of 628 ft., thence W upon the S line of Bel-Air Add. a distance of 175 ft., thence S and parallel to the E line of said Sec. 20 a distance of 66.49 ft. to the actual place of beginning; thence running W a distance of 130.0 ft. to a point 63.88 ft. S of the S line of said Bel-Air Add., thence running S and parallel to the E line of said Section 20 a distance of 75.0 ft., thence running E and parallel to the S line of said Bel-Air Add. a distance of 130 ft., thence N and parallel to the E line of said Sec. 20 a distance of 75 ft. to place of beginning. James A. & Larie I. Sartin Pt. SEt SEt Sec. 20 $700.06 To be paid according to contract dated 3 July 1963 for a tract of land in the SEt of S~ Section 20-11-9 W of the 6th P.M., more particularly described as follows: Beginning at a point in the S line of Del Mar Avenue in Bel-Air Addition to the City of Grand Island, 130 ft. W of the W line of Arthur St. of said city; thence running S parallel to the W. line of said Arthur St., a distance of 297.5 ft., thence running Wand parallel to the S line of said Bel-Air Avenue a distance of 120 ft. to the point of beginning. . I I . SECTION 2. The special tax shall become delinquent as follows: One- tenth shall become delinquent in fifty days from date of this levy; one- tenth in one year; one-tenth in two years; one-tenth in three years, one- tenth in four years; one-tenth in five years; one-tenth in six years; one- tenth in seven years; one-tenth in eight years; one-tenth indne years; provided, however, the entire amount so assessed and levied against lot or ORDINANCE NO. ~ 1 09 (Contd) tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each such installments, except the first, shall draw interest at the . I rate of six percent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The City Clerk of the City of Grand Island, Nebraska, is hereby directed to forthwith certify to the City Treasurer of said City the amount of said taxes herein set forth, together with instructions to collect same as provided by law. SECTION 4. Such special assessments shall be paid into a Paving District Fund for the cost of such district for warrants issued upon and paid out of such Paving District Fund. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. I PASSED AND APPROVED this 19th day of February, 1964. ~,\ _ )C:~A, () pt& C J IV {;:eft? Mayor ATTEST: J~s~ City Clerk I . ASSESSMENT ORDINANCE NO. 4110 An Ordinance assessing and levying a special tax to pay the cost of paving in Paving District No. 399 of the City of Grand Island, Nebra~, providing for the collection thereof and repealing any provisions of the Grand Island City Code, and ordinances, and parts of . I ordinances in conflict therewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the lots and lands specially benefited by the paving in Paving District No. 399 in the City of Grand Island, Nebraska, as adjudged by the Mayor and Council of such City in proportion to the benefits, and as provided by law, after due and lawful notice, a special tax for the cost of paving in such district, hereby levied at one time upon such lots, and lands, as follows: I NAME I . Jack W. Calhoun And its complement Frac. Lot 3 in Frac. Blk. 22, Wallich's Add. John E. & Josephine Glenn 2 And its complement Frac. Lot 2 Frac. Blk. 22, Wallich's Add. Louis L. & Bertha Helzer Harold V. Snyder August Niedfelt, et. ale Wilhelm H. Meyer And its complement Frac. Lot in Frac. Blk. 5, Bonnie Brae Henry W. & Ruth L. Lohmann Blanche J. Eickhoff Max J. & Olga Tagge, N-~ of And its complement Frac. Lot 5 in Frac. Blk. 23, Wallich's Add. Harold J. & Patsy Ruth Lessig,S~ 5 And its complement Frac. Lot 5 in Frac. Blk. 23, Wallich's Add. Fred E. & Alvena Hehnke, W-52'S" 9 And its complement, the W-52'S" of Frac. Lot 5 in FraE. Blk. 4 in Arnold & Abbots Add. Arthur A. & Mary A. Ewoldt,E-26' 4" of 6 And its complement, the E-26' 4" of Frac. Lot 6, Frac. Blk. 4 A~nold & Abbots Add. 8 9 10 1 1 Add. 3 4 5 LOT BLK ADDITION AMOUNT 3 5 Bonnie Brae $135.51 " " 332.53 " " II II " " 22 Wal1ich's 13 Rollins II II " II 135.51 332.53 645.82 645.82 135.51 332.53 322.92 " " 322.92 " II 645.82 " .. 135.51 ORDINANCE No.4110 CONT. Milo L. & Jeanette E. Stites, E-13/~.4-' 5 4 Arnold & $ 96.74 Abbots Add. . I And its complements of the E-13' 4" of Frac. Lot 9 of Frac. Blk. 13, Rollins Add. Milo L. & Jeanette E. Stites, V-3Q'S" And its complement, the w-39'S" of Frac. Lot 6, Frac. Blk. 13, Rollins Add. 6 " " 235.79 SECTION 2. The special tax shall become delinquent as follows: One-tenth shall become delinquent in fifty days from date of this levy; one-tenth in one year; one- tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six years; one-tenth in seven years; one-tenth in eight years; one- tenth in nine years; provided, however, the entire amount so assessed and levied against lot or tract may be paid within fifty days from the date of this levy without in- terest, and the lien of special tax thereby satisfied and released. Each such installments, except the first, shall I draw interest at the rate of six per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The City Clerk of the City of Grand Island, Nebraska, is hereby directed to forthwith certify to the City Treasurer of said City the amount of said taxes herein set forth, together with instructions to collect same as pro- vided by law. SECTION 4. Such special assessments shall be paid into a paving District Fund, for the cost of such district for warrants issued upon and paid out of such Paving District I . Fund. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ord- inance, in conflict herewith, is hereby repealed. PASSED AND APPROVED t~;~ 19thDay. o:;ebrua;:9a964: L C/) ~/C.l!./ec:/ IOZ ~CCe Mayor AT. TEST. : . //" $?~tJ~ City Clerk ORDINANCE NO. .4111 An Ordinance assessing and levying a special tax to pay the cost of construction of Water Main District No. 236 of the City of Grand Island, Nebraska; fixing a rate per linear (front) foot for connections thereto; . I providing for the collection of such special tax or connection charge; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances, in conflict therewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said water main in said Water Main District No. 236, as adjudged by the Mayor and Council of said City, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: I Name Lot Blk Addition Amount Johnson Land Company 14 1 Pleasant View 4th $182.50 Johnson Land Company 15 " 182.50 Johnson Land Company 16 " 182.50 Johnson Land Company 17 " 182.50 Johnson Land Company 18 " 182.50 Johnson Land Company 19 " 182.50 Johnson Land Company 20 " 182.50 Johnson Land Company 21 " 182 .50 Johnson Land Company 22 " 182.50 Johnson Land Company 23 " 182.50 Johnson Land Company 24 " 182.50 Johnson Land Company 25 " 182.50 Johnson Land Company 26 " 180.00 SECTION 2. The special tax shall become delinquent as follows: One- fifth of the total amount shall become delinquent in fifty days; one-fifth in one year; one-fifth in two years; one-fifth in three years; and one-fifth in four years, respectively, after the date of such levy; provided, however, I . the entire amount so assessed and levied against any lot, tract, or parcel of land may be paid wi thin fifty days from the date of this levy wi thou t interest, and the lien of special~x thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of six percent per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of nine percent per annum shall be paid thereon, until the same is collected and paid. ORDINANCE NO. 4111 (Cont'd) SECTION 3. The City Clerk of the City of Grand Island, Nebraska, is hereby directed to forthwith certify to the City Treasurer of said City the amount of said taxes herein set forth together with instructions to . I collect same as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Sewer and Water Extension Fund". SECTION 5. In addition to all other costs payable pursuant to Chapter 35 of the Grand Island City Code, there shall be collected in advance the sum of $2.50 per linear (front) foot of property located within the boundaries of the City of Grand Island abutting upon such water main in such Water Main District No. 236 for connection thereto, not assessed in Section One (1) of this Ordinance. SECTION 6. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. SECTION 7. This Ordinance shall be in force and take effect from and I after its passage, approval and publication within thirty days in one issue of the Grand Island Daily Independent. Passed and approved this 19th day of February, 1964. liJ ~/(J ff&;P Mayor ATTEST: J~~ City Clerk I . ORDINANCE NO. 4 11 2 An Ordinance assessing and levying a special tax to pay the cost of construction of Water Main pistrict No. 237 of the City of Grand Island, Nebraska; fixing a rate per linear (front) foot for connections thereto; . I providing for the collection of such special tax or connection charge; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances, in conflict therewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA : SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said water main in said Water Main District No. 237, as adjudged by the Mayor and Council of said City, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: I Name Lot Blk Addition Amount Johnson Land Company 1 2 Knickrehm 6th $196.25 Johnson Land Company 2 It 196.25 Johnson Land Company 3 It 196.25 Johnson Land Company 4 It 196.25 Johnson Land Company 5 It 196.25 Johnson Land Company 6 " 196.25 Johnson Land Company 7 " 196.25 Johnson Land Company 8 " 171.25 Johnson Land Company 9 1 " 171.25 Johnson Land Company 10 " 196.25 Johnson Land Company 11 " 196.25 Johnson Land Company 12 " 196.25 Johnson Land Company 13 " 196.25 Johnson Land Company 14 " 196.25 Johnson Land Company 15 It 196.25 Johnson Land Company 16 It 196.25 SECTION 2. The special tax shall become delinquent as follows: One- fifth of the total amount shall become delinquent in fifty days; one-fifth I . in one year; one-fifth in two years; one-fifth in three years; and one-fifth in four years, respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract, or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of six percent per annum from the time of suqr levy until they shall become delinquent. After the same become delinquent, interest at the rate of nine ORDINANCE NO._~l11___Cont. percent per annum shall be paid thereon, until the same is collected and paid. SECTION 3. The City Clerk of the City of Grand Island, Nebraska, is hereby directed to forthwith certify to the City Treasurer of said City the amount of said taxes herein set forth together with instructions to . I collect same as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Sewer and Water Extension Fund". SECTION 5. In addition to all other costs payable pursuant to Chapter 35 of the Grand Island City Code, there shall be collected in advance the sum of $2.50 per linear (front) foot of property located within the boundaries of the City of Grand Island abutting upon such water main in such Water Main District No. 237 for connection thereto, not assessed in Section One (1) of this Ordinance. SECTION 6. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. SECTION 7. This Ordinance shall be in force and take effect from and I after its passage, approval and publication within thirty days in one issue of the Grand Island Daily Independent. PASSED AND APPROVED this 19th day of ~;.~r~ry, 1964., J ,/ a ' [/U dAA.~(/ /r7L. ~,<,p Mayor ATTEST: ~J:A/~-c ~ City Clerk I . ORDINANCE NO. 4113 An Ordinance assessing and levying a special tax to pay the cost of construction of Sanitary Sewer District No. 341 of the City of Grand Island, Nebraska; fixing a rate per linear (front) foot for connections . I thereto; providing for the collection of such special tax or connection charge; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances, in conflict therewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA : SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said sanitary sewer in said Sanitary Sewer District No. 341, as adjudged by the Council of said City, sitting as a Board of Equalization, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as pro- vided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: I Name Lot Blk Addition Amount Elizabeth Arlene Sheehan 1 Geer Sub $175..00 Elizabeth Arlene Sheehan 2 " 175.00 Edward & Josephine A Rhoda and Henry & Loretta Rhoda N 10' of 3 " 25.00 Edward & Josephine A Rhoda and Henry & Loretta Rhoda 4 " 175.00 Edward & Josephine A. Rhoda and Henry & Loretta Rhoda 5 ~ 175.00 Edward & Josephine A. Rhoda and Henry & Loretta Rhoda 6 " 175.00 Frank H. Strohschein 7 " 175.00 Frank H. Strohschein 8 " 191. 88 Edward & Josephine A Rhoda and Henry & Loretta Rhoda N 183.4' 9 " 165.00 Edward & Josephine A. Rhoda and Henry & Loretta Rhoda 9 S 183.4' of N 366.8' " 165.00 Edward & Josephine A. Rhoda and Henry & Loretta Rhoda N 183.4' 10 " 165.00 Edward & Josephine A. Rhoda and Henry & Loretta Rhoda S 183.4' of N 366~8' 10 " 165.00 Gary Dean & Sandra Janky N 183.4' 11 " 165.00 Gary Dean & Sandra Janky S 183.4' of N 366.8' 11 " 165.00 Bernard & Harriet Yax N 183.4' 12 " 165.00 Bernard & Harriet Yax S 183.4' of N 366.8' 12 " 165.00 Bernard & Harriet Yax N 183.4' 13 " 165.00 Bernard & Harriet Yax S 183.4' of N 366.8' 13 " 165.00 Lawrence & Maxine R. Anderson N 183.4' 14 " 165.00 Lawrence & Maxine R. Anderson S 183.4' of N 366.8' 14 " 165.00 I . ORDINANCE NO. 4 113 . I Lawrence & Maxine Anderson N 183.4' Lawrence & Maxine Anderson S 183.4' of N 366.8' of Ann L. Howell N 183.4' Ann L. Howell S 183.4' of N 366.8' Ann L., Howell N 183.4' Ann L. Howell, S 183.4' of N 366.8' Ellanora M. & Wilfred Golle N 183.4' Ellanora M. & Wilfred Golle S 183.4' of N 366.8' Ellanora M.,. & Wilfred Golle N 183.4' Ellanora M. & Wilfred Golle S 183.4' of N 366.8~ William & Anna Pauline Detweiler N 183.4' William & Anna Pauline Detweiler S 183.4' of N 366.8' Donald & Helen Detweiler N 183.4' Donald & Helen Detweiler S 183.4' of N 366.8' William & Anna Detweiler N 183.,4' William & Anna Detweiler S 183.4' of N 366.8' John R. & Leona Porter N 183.4' John & Leona Porter S 183.,4' of N 366.8' Elmer & Norma Mettenbrink N 183.4' Elmer & Norma Mettenbrink S 183.4' of N 366.8' Laurel Rebekah Bullis N 183.4' Laurel Rebekah Bullis . S 183.4' of N 366.,8' Laurel Rebekah Bullis E 3' of N 183.,4' Laurel Rebekah Bullis E 3' of S 183.4' of N 366.8' Laurel Rebekah Bullis W 3' of N 183.4' Laurel Rebekah Bullis W 3' of S 183.4' of N 366.8' Laurel Rebekah Bullis N 183.4' Laurel Rebekah Bullis S 183.,4' of N 366.,8' Gladys Walter, Alvin E. Walter, Irene Lichty, Avis LouiseVillalobos N 183.,4' Gladys Walter, Alvin E. Walter, Irene Lichty, Avis Louise Villalobos S 183.,4' of N 366.8' Roy & Goldie Dierberger N 183.4' Roy & Goldie Dierberger S 183.4' of N 366.8' Richard F.N., & Betty Janes N 183.4' Richard & Betty Janes S 183.4' Wise Stewart Wise Stewart S 183.4' Howard & LaVerna Harris E 90' of N 183.4' 32 Howard & LaVerna Harris E 90' except N 183.4' and that part thereof Quit Claim deeded to City of Grand Island, Nebraska, and recorded in Book 139 of Deeds at Page 60 32 I I . of N 366.8' N 18}.4' of N 366.8' 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 26 26 27 27 28 28 29 29 30 30 31 31 (Cont'd) Geer Sub. $165.00 165.00 165.00 165.00 165.00 165.00 165.00 165.00 165.00 165.,00 165.00 165.00 165.00 165.00 165.00 165.00 165.00 165.00 165.00 165.00 165.00 165.00 7.50 " It " It It It It " " " " It " It " It It It " It " " 7.50 7.50 7.50 165.00 165.00 " " It " " 165.00 " 165.00 165.00 165.00 187.50 187.50 225.00 225.00 " " " " " " " 137.50 " 137.50 ORDINANCE NO. J, 111 (Cont'd) SECTION 2. The special tax shall become delinquent as follows: One- fifth of the total amount shall become delinquent in fifty days; one-fifth in one year; one-fifth in two years; one-fifth in three years; and one- . I fifth in four years, respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract, or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of four percent per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of nine percent per annum shall be raid thereon, until the same is collected and paid. SECTION 3. The City Clerk of the City of Grand Island, Nebraska, is hereby directed to forthwith certify to the City Treasurer of said City the amount of said Taxes herein set forth together with instructions to collect same as provided by law. I SECTION #. Such special assessments shall be paid into a fund to be designated as the "Sewer and Water Extension Fund". SECTION 5. In addition to all other costs payable pursuant to Sec. 29-6 of the Grand Island City Code, there shall be collected in advance the sum of $2.50 per linear (front) foot of property located within the boundaries of the City of Grand Island abutting upon such sanitary sewer in such Sanitary Sewer District No. 341 for connections thereto, not assessed in Section One (1) of this Ordinance. SECTION 6. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. PASSED AND APPROVED this 19th day of ,~~~' 1~64: C/U ?C/LLc t Mayor J C~-: ( J /!7 t7C-e( I . ATTEST: J;~ ~CitY Clerk ORDINANGE NO. 4114 An Ordinance assessing and levying a special tax to pay the cost of construction of Sanitary Sewer District No. 347 of the City of Grand Island, Nebraska; fixing a rate per linear (front) foot for connections thereto; . I providing for the collection of such special tax or connection charge; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances, in conflict therewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRA.SKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said sanitary sewer in said Sanitary Sewer District No. 347, as adjudged by the Council of said City, sitting as a Board of Equalization, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: I Name Lot Blk Addition Amount 1 41 Packer & :Barrs 2nd $140.00 2 " 140.00 3 " 140.00. 4 " 140.00 5 " 140.00 4 42 " 150.00 5 " 150.00 Albert R. & Marie E. Blattner & Eleanorn L. Pence Willard I. & Verna Cormican Willard 1. & Verna Cormican Willard 1. & Verna Cormican Willard I. & Verna Cormican Peter E. Rickert John H. & Roccene Baasch SECTION 2. The special tax shall become delinquent as follows: One- fifth of the total amount shall become delinquent in fifty days; one-fifth in one year; one-fifth in two years; one-fifth in three years; and one-fifth in four years, respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract, or parcel of land may be paid within fifty days from the date of this levy without I . interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of six percent per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of nine percent per annum shall be paid thereon, until the same is collected and paid. SECTION 3. The City Clerk of the City of Grand Island, Nebraska, is hereby directed to forthwith certify to the City Treasurer of said City the ORDINANCE NO. 4114 (Cont'd) amount of said taxes herein set forth together with instructions to collect same as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be . I designated as the 't$ewer and Water Extension Fund". SECTION 5. In addition to all other costs payable pursuant to Sec. 29-6 of the Grand Island City Code, there shall be collected in advance the sum of $2.50 per linear (front) foot of property located wi thin the boundaries of the City of Grand Island abutting upon such sanitary sewer in such Sanitary Sewer District No. 347 for connections thereto, not assessed in Section One (1) of this Ordinance. SECTION 6. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. Passed and approved this 19th day of F~~\ry, 1964. J /~~ \ ()(~ ~,e/c. /~M"Vee{J Mayor I ATTEST: 5:~c!~ I . . I I I . -311L_.__ J.-L:~ .L c: :i. . \T C; O(j -! -j r _; , l_~ I, 1.-- _L '1 i. j~LL :[- D_I" 1J r; :1 , -1-- Uj'"' "1 ~1 :_ cL C~_~ J ]. . ,,~j. ~:r ; r:1 ;.~l , i () (". C ., ' ! '!' :.,.L J. ,"f c ~ " C .L cry .L0 :~--.J "(~ .i~ J 0 (;ul ! :; 1 -j :-.J....!.. T . ~t \ ,:c'l- ,-~l {) ['0 (; l c: "< '__L i-:'C; lj'() ()~! ~_,_J J_uv:, -',",' '.j.' ~ l~ I U'r~:: C ' I '.J . :_,J_-";C .r-~ i () 3 II l11 U.;t. '~.I..L (; C O.:.l:.f J...; (:! --~-. \:.;]~ ~.-' \ I -'-1.-' ~L ,,)J~ t :i. u : ;i~ , c ':- >;(;':~ + cLer:-; lit :1. 'J () /1 "1' l~ ~4;~( j,~.c~.;.LJ _, -~- ,-,-, ["V " _~ J--.-!; U .!~ (Hi , 1 J. ~_;.(_L ;~./ J.j.f':') :...J',-";C 11 i~ G - .j~ I: u" tu lJ()ol u-r cu , ; L: r or TD , l)l.-'; :::rrJ.T Lid l,X) J T,:, .... ~, - r , :[ :LT , c ()' ., , .-\.J_J.:-I. : J~ 1--1 , 1 'j ;~!.. .-- .'. u ,,:~ I {:~ :1. -C"3l ('1 cc ~.'ict J...;j cd.J. c fLlYi.(::; () J' L...- ~t i.':...L_'('tC , r() J- +: ~~ -[- '-r- t. ~ (-1 'I , 1 _,_ u .~ u- (- (-j lJ J.. () Lt l_. -+- J. '1 --I -( -J i:.," r " V .I l..inl:_~; I " T .. r 1.:'J .I..-l) .J. 1'1 ()lc" 1 1 "l ,l'.. ~!- () gee LT' [1 V C cell J t ~_i.l~i. () () r U_L r; .L ~!- () 1-1 1,..., , , ,1 J~ Ti '~:.}~c ! I, , , ~!.S v 1 "I ..' - .~- :fo~cc'~\ t, ::kLL'; r "i_"ru ,... I ! 1 :_L 1"l '--~ 'i~- -r- 'r 'i-_~ Jl :~ t (~ I r ()T :'! T~ 111-'1' / ~ 19 of _FJeb\ar~a [ ~)J czU~r: . jIQ/.;Z~ "l~YU( i'U) 1:./ il.0 T-l.-' .ci ',,-, c r;{ ASSESSMENT ORDINANCE NO. 4116 An Ordinance assessing and levying a special tax . I to pay the cost of graveling in Gravel District No. 39__ of the City of Grand Island"Nebraska, providing for the collection thereof and repealing any provision of the Grand Island City Code, and ordinances, and parts of ordinances, in conflict therewith. BE IT ORDAINED BY TRE MAYOR AND COUNCIL OF TRE CITY OF GRAND ISLAND, NEBRASKA: I SECTION 1. There is hereby assessed upon the lots and lands specially benefited by the graveling in Gravel District No.~ in the City of Grand Island, Nebraska, as adjudged by the Mayor and Council of such City in proportion to the benefits, and as pro- vided by law, after due and lawful notice, a special tax for the cost of graveling in such district, hereby levied at one time upon such lots, and lands, as follows: NAME LOT BLK ADDITION AMOUNT Mary & Elizabeth O'Neil and 15 17 University $19.80 Rannall Kilgore place Les & Bertha Kuszak 16 " " 19.80 Mike J. & Delzelle C. Zoucha 1 24 " 19.80 Donald D. & Mary Bartelt 2 " " 19.80 TOTAL: $79.80 SECTION 2. The special tax shall become delinquent as follows: One-third of the total amount assessed against each lot and parcel shall become delinquent in fifty days after the date of this levy; one-third in I . one year; and one-third in two years; provided, however, the entire amount: 'so assessed and levied against lot or tract may be paid within fifty days after the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each such installments, except the first, shall draw interest at the rate of six per ORDINANCE NO. 4116____CONT. cent per annum from the time of levy until the same shall become delinquent,. After the same shall become de1inq- . I uent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The City Clerk of the Cliy of Grand Island, Nebraska, is hereby directed to forthwith certify to the City Treasurer of said City the amount of said taxes herein set forth, together with instruct- ions to co11ects;ame as provided by law. SECTION 4. Such special assessments shall be paid into a sirking fund to reimburse the "Street, Alley and Paving" appropriated fund, for the cost of such district for warrants issued upon and ptd out of such appropri- ated fund. SECTION 5. Any provision of the Grand Island City I I Code, and any provision of any ordinance; or part of ord- inance, in conflict herewith, is hereby repealed. PASSED AND APPROVED this fourth day of March, 1964. /c)&AAJ7~~J ff~cP Mayor ATTEST: / ~ 3~//K{' r /v~4J / Ci ty Clerk I . ASSESSMENT ORDINANCE NO. 4117 An Ordinance assessing and levying a special tax to pay the cost of graveling in Gravel District No. 40__ of the City of Grand Island, Nebraska, providing for the collection thereof and repealing any provision of the Grand Island City Code, and ordinanc~, and parts of ordinances in conflict therewith. . I BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND , NEBRASKA: SECTION 1. There is hereby assessed qnn the lots and lands specially benefited by the graveling in Gravel District No. 40 in the City of Grand Island, Nebraska, as adjudged by the Mayor and Council of such City in proportion to the benefits, and as provided by law, after due and lawfu] notice, a special tax for the cost of graveling in such district, hereby levied at one time upon such lots, and lands, as folldws: I ADDITION AMOUNT NAME LOT BLK I . Evangelical Lutheran Joint Synod of Wisconsin & Other States, a Wisconsin Religious Corporation of Milwaukee 1 Evangelical Lutheran Joint Synod 6 Evangelical Lutheran Joint Synod 7 Evange~ical Lutheran Joint Synod 8 Evangelical Lutheran Joint Synod 9 Evangelical Lutheran Joint Synod 10 Evangi&cal Lutheran Joint Synod 1 Evangelical Lutheran Joint Synod 2 Evangelical Lutheran Joint Synod 3 Evangelical Lutheran Joint Synod 4 Evangelical Lutheran Joint synod 5 Spelts Sales Company, a corporatiml Spelts Sales Company," 5 Spelts Sales Company," 6 Spelts Sales Company," 7 Spel ts Sales Company," 8 Spel ts Sales Company," 9 Spelts Sales Company," 10 Spelts Sales Company," 5 Spelts Sales Company, "Part of 6 Except the N25' of E30' of Lawrence H. & Agnes Gerdes 7 Lawrence H. & Agnes Gerdes 8 Lawrence H. & Agnes Gerdes 9 Lawrence H. & Agnes Gerdes 10 Evangelical Lutheran Joint Synod A tract of land 132 ft. in width lying adjacent to and W of Howard Ave. from 9th st. to the N line of 7th St. extended W. 1 West View $ 19.80 " " 7.95 " " 7.95 " " 7.95 " " 7.95 " " 27.75 2" 7.95 " " 7.95 " " 7.95 " " 7.95 " " 7.95 8 " 19.80 " " 19.80 " " 27.75 " " 7.95 " " 7.95 " " 7.95 " " 27.75 9 " 19.80 " " 23.25 " " 7.95 " " 7.95 " " n.9 5 " " 7.95 SE\ of NW\ of ffi .40 Sec. 17-11-9 ORDINANCE NO.411? CONT. SECTION 2. The special tax shall become delinquent as follows: One-third of the total amount ffisessed a- . I gainst each lot and parcel shall become delinquent in fifty days after the date of this levy; one-third in one year; and one-third in two yBrs; provided, however, the entire amount so assessed and levied against lot or tract may be paid witti.n fifty days cfter the date of this levy without interest, and the lien of special tax thereby satisfied and rel.ased. Each such installments, except the first, shall draw interest at the rate of six per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The City Clerk of the City of Grand I Island, Nebraska, is hereby directed to forthwith cert- ify to the City Treasurer of said City the amount of said taxes herein set forth, together with instructions to collect same as provided by law. SECTION 4. Such special assessments shall be paid into a sinking fund to reimburse the "Street, Alley and Paving" appropriated fund, for the cost of such district for warrants issued upon and paid out of such appropriated fund. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. I . PASSED AND APPROVED this fourth day of March, 1964. OJ cM1# I#~J( Mayor ATTEST: 7# . f~ ~ q---t~~ ". ,A(,h-/(iC, / City Clerk. ASSESSMENT ORDINANCE NO. if 11 R . I An Ordinance assessing and levying a special tax to pay the cost of graveling in Gravel District No. 41 of the City of Grand Island, Nebraska, providing for the collection thereof and repealing any provision of the Grand Island City Code, and ordinances, and parts of ordinances in conflict the~ith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE , CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the lots and lands specially benefited by the graveling in Gravel District No. 41 in the City of Grand Island, Nebraska, as adjudged by the Mayor and Council of such City in I proportion to the benefits, and as provided by law, after due and lawful notice, a special tax for the cost of graveling in such district, hereby levied at one time upon such lots, and lands, as follows: NAME LOT BLK ADDITION AMOUNT Francis H. & Eunice S. Williams 1 1 Glover's $ 8.10 Sub Marie E. Pearson & Lillie E.C. Nuernberger 2 " Leon T. & Mabel Shultz 3" Joe T. & Catherine Bigley 4" Don R. & Kathleen E. White 5" School District of the City of Grand Island A tract of land in the E~ of the NE~, Section 21-11-9, adjacent to and southerly of Phoenix Avenue between Clark Street and Greenwich Avenue as recorded in Deed Book 132, Page 23, in the Office of the Register of Deeds of Hall County, Nebraska " 7.80 " 7,80 f1 7.80 " 8.10 41.10 SECTION 2. The special tax shall become delin- I quent as follows: One third of the total amount assessed . against each lot and parcel shall become delinquent in fifty days after the date of this levy; one-third in one year; and one-third in two years; provided, however, the entire amount so assessed and levied against lot or tract may be paid witlin fifty days after the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each such installments} ORDINANCE NO.4118 CONT. except the first, shall draw interest at the rate of six per cent per annum from the time of levy until the . I same shall become delinquent~( After the same shall be- come delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The City Clerk of the City of Grand Island, Nebraska, is hereby directed to forthwith certify to the City Treasurer of said City the amount of said taxes herein set forth, together with instructions to collect same as provided by law. SECTION 4. Such special assessments shall be paid into a sinking fund to reimburse the "Street, Alley and Paving It appropriated fund, for the cost of such district for warrants issued upon and paid out of such appropriated fund. I SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict haewith, is hereby repealed. PASSED AND APPROVED this fourth day of March 1964. aJ ~~A~ /~tii~ Mayor ATTEST: ~ri/S:/.~~I :J City Clerk I . ORDINANCE NO. 4119 An Ordinance assessing and levying a special tax to pay the cost of construction of Water Main District No. 241 of the City of Grand Island, NebnEka; fixing a . I rate per linear (front) foot for connections thereto; providing for the collection of such special tax or con- nections charge; and repaiing any provision of the Grand Island City Code, ordinances, and parts of ordinances, in conflict therewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the fol- lowing described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said water main in said Water Main District No. 241 , as adjudged by the Mayor and Council of said City, to the extent of benefits thereto by reason I of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: NAME LOT BLK ADDITION AMOUNT I . Evangelical Lutheran Joint Synod 6 of Wisconsin and Other States, a Wisconsin Religious &orporation of Milwaukee, Wisconsin. Evangelical Lutheran Joint Synod 7 Evangelical ~utheran Joint Synod 8 Evangelical ~utheran Joint Synod 9 Evangelical ~utheran Joint Synod 10 Evangelical Lutheran Joint Synod 1 Evangelical ~utheran Joint Synod 2 Evangelical ~utheran Joint Synod 3 Evangelical Lutheran Joint Synod 4 Evangelical Lutheran Joint Synod 5 spats Sales Company, A Corporatim6 Spe1ts Sales Company 7 Spe1ts Sales Company 8 Spelts Sales Company 9 Spe1ts Sales Company 10 Evangelical Lutheran Joint Synod Part of SE\ NW\ Sec. 17-11-9, more particularLy d~scribed as follows: Beg~nning at the intersection of the S line of 9th St. and the W 1 West View $132.50 " " " " " .. " .. 4 .. " " .. " " .. " .. 8' " " " " .. " f1 " " 132.50 132.50 132.50 132.50 132.50 132_.50 132.50 132.50 132.50 132.50 132.50 132.50 132.50 132.50 662.50 ORDINANCE NO.4 119 (Continued) . I line of Howard Ave.; thence W on the S line of 9th St. for a distance of 132 ft.; thence S par- allel to the W line of Howard Ave. for a distance of 265 f~; thence E parallel to the S line of 9th St. for a distance of 132 ft. to the W line of Howard Ave.; thence N on the W line of Howard Ave. for a distance of 265 ft. to the place of beginning. SECTION 2. The special tax shall become delinquent as follows: One-fifth of the total amount shall become delinquent in fifty days; one-fifth in one year; one-fifth in two years; one-fifth in thee years; and one-fifth in four years, respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tra~t, or parcel of land may be paid with- in fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw I interest at the rate of six per cent per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of nine per cent per annum shall be paid thereon, until the same is collected and paid. SECTION 3. The City Clerk of the City of Grand Island, NebllBka, is hereby directed to forthwith certify to the City Treasurer of said City the amount of said taxes herein set forth together with instructions to collect same as provided by law. SECTION 4. gch special assessments shall be paid into a fund to be destgnated as the "Sewer and Water I . Extension Fund." SECTION 5. In addition to all other costs payable pursuant to Chapter 35 of the Grand Island City Code, there shall be collected in advance the sum of $2.50 per linear (front) foot of property located within the boun- daries of the City of Grand Island abutting upon such ORDINANCE NO. 4119 (Continued) . water main in such Water Main District No. 241 for . I connection thereto, not assessed in Section One (1) of this Ordinance. SECTION 6. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. SECTION 7. 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. PASSED AND APPROVED this fourth day of March, 1964. (}lj ~'LQ/~ -rJ J? ~b Mayor I ATTEST: ,.-,;;;; ~ // ~;II:r..."/~ /Ie ~/;t =/(:(' # Citycrerk I . .. ORDINANCE NO. 4120 An Ordinance assessing and levying a special tax to pay the cost of construction of Sanitary Sewer District No. 338 of the City of Grand Island, Nebraska; fixing a rate per linear (front) foot for connections . I thereto; providing for the collection of such special tax or connection charge; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances, in conflict therewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said sanitary sewer in said Sanitary Sewer District No. 338, as adjudged by the Council of said City, sitting as a Board of Equalization, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as pro- vided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: I Name I . Richard & Annette Mendyk E 125' of A Chester & Alice Moore Except E 125- A Loucille Glover 1 Loucille Glover 2 Loucille Glover 3 William & Lucille Robertson 4 William & Lucille Robertson E t of 5 Joseph Robertson, Jr. W t of 5 Joseph Robertson, Jr. 6 William & Celia A. Smith 7 Harold & Delores Green 8 Joseph & Antonia Brule 9 Joseph & Antonia Brule 10 Joseph & Antonia Brule 11 Elizabeth & Ted Sunberg & Mary Nelson 12 Donald & Darlene Robertson 13 John & Nina Hanore 14 Theo & Mildred Law 15 Elizabeth & Ted Sunberg & Mary Nelson 16 Edith E. Ellis (deceased) 17 Edith E. Ellis (deceased) 18 John Swick 19 John & Louise Untiedt 20 Edwin G. Ellis 21 Edward & Myrta J. Schoel S 15' 4 Edward & Myrta J. Schoel 5 Edward & Myrta J. Schoel 6 -C:9:,-J' ld: O.LC11111 1,:)101111 -~-.-7 Dorothy & James Hicks 8 Gordon & Mildred M. Dahlke 9 Warren Davis, Alberta Smith, Alice Davis Gosda, Alfred Davis, & Alta Davis Blackburn 10 Lot Blk Addition Amount 1 m..ain Add. 1 " " " " " " " " " " " " " It It " It " It It It It It 2 It It It ., -- It " " $345.00 250.00 131. 25 125.00 125.00 . 125.00 62.50 62.50 125.00 125.00 125.00 125.00 125.00 125.00 125.00 125.00 125.00 125.00 125.00 125.00 125.00 125.00 125.00 125.00 37.50 125.00 125.00 =5..~:ffi.G-' 125.00 125.00 125.00 ORDINANCE NO. 41 20 (Cant' d) . I Warren Davis, Alberta Smith, Alice Lot Blk Addition Amount Davis Gosda, Alfred Davis & Alta Davis Blackburn 11 & 12 2 Blain Add. $125.00 Alvin & Ruth Fulton 20 3 " 125.00 Alvin & Ruth Fulton 21 " 125.00 Gordon & Mildred Dahlke A 4 " 125.00 Gordon & Mildred Dahlke B " 125.00 Loucille Glover 1 " 131. 25 Loucille Glover 2 " 125.00 Loucille Glover 3 " 125.00 Loucille Glover 4 " 125.00 SECTION 2. The special tax shall become delinquent as follows: One- fifth of the total amount shall become delinquent in fifty days; one-fifth in one year; one-fifth in two years; one-fifth in three years; and one-fifth in four years, respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract, or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of four percent per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of nine per cent per annum shall be paid thereon, until the same is collected and I paid. SECTION 3. The City Clerk of the City of Grand Island, Nebraska, is hereby directed to forthwith certify to the City Treasurer of said City the amount of said taxes herein set forth together with instructions to collect same as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Sewer and Water Extension Fund". SECTION 5. In addition to all other costs payable pursuant to Sec. 29-6 of the Grand Island City Code, there shall be collected in advance the sum of $2.50 per linear (front) foot of property located within the boundaries of the City of Grand Island abutting upon such sanitary sewer in such Sanitary Sewer District No. 338 for connections thereto, not assessed in Section One I . (1) of this Ordinance. SECTION 6. Any provision of the Grand Island City Code, and any pro- vision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. Passed and approved this fourth day of M. a. rCh.' 1964. . ~... /. //... ~ ,/!) I J // . ./T,un tv~~ ~ Mayor AJT~T: ~ _ / V / '" (;~III..-,/ Ie ~Jf 1,-,,> I~ K. /' lil"!f erk ORDINANCE NO. 41 21 An Ordinance assessing and levying a special tax to pay the cost of construction of Sanitary Sewer District No. 345 of the City of Grand Island, Nebraska; fixing a rate per linear (front) foot for connections thereto; . I providing for the collection of such special tax or connection charge; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances, in conflict therewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paNing the cost of construction of said sanitary sewer in said Sanitary Sewer District No. 345, as adjudged by the Council of said City, sitting as a Board of Equalization, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: I Name Lot Blk Addition Amount Johnson Land Company 1 2 Knickrehm 6th $196.25 Johnson Land Company 2 " 196.25 Johnson Land Company 3 " 196.25 Johnson Land Company 4 " 196.25 Johnson Land Company 5 " 196.25 Johnson Land Company 6 " 196.25 Johnson Land Company 7 " 196.25 Johnson Land Company 8 " 171. 25 SECTION 2. The special tax shall become delinquent as follows: One- fifth of the total amount shall become delinquent in fifty days; one-fifth in one year; one-fifth in two years; one-fifth in three years; and one-fifth in four years, respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract, or parcel of land may be paid wi thin fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each I . of said installments, except the first, shall draw interest at the rate of six percent per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of nine percent per annum shall be paid thereon until th~ same is collected and paid. SECTION 3. The City Clerk of the City of Grand Island, Nebraska, is hereby directed to forthwith certify to the City Treasurer of said City the amount of said taxes herein set forth together with instructions to collect same as provided by law. ORDINANCE NO. 4121 (Cont'd) SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Sewer and Water Extension Fund". SECTION 5. In addition to all other costs payable pursuant to Sec. 29-6 . I of the Grand Island City Code, there shall be collected in advance the sum of $2.50 per linear (front) foot of property located within the boundaries of the City of Grand Island abutting upon such sanitary sewer in such Sanitary Sewer District No. 345 for connections thereto, not assessed in Section One {l) of this Ordinance. SECTION 6. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. Passed and approved this fourth day of March, 1964. J.\ /Jat w~.~~ d v.{~ Mayor ATTEST: I /c{ J ttd:tp; City Clerk I . ORDINANCE NO. 4122 An Ordinance assessing and levying a special tax to pay the cost of construction of Sanitary Sewer District No. 348 of the City of Grand Island, Nebraska; fixing a rate per linear (front) foot for connections thereto; . I providing for the collection of such special tax or connection charge; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances, in conflict therewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRA.SKA.: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said sanitary sewer in said Sanitary Sewer District No. 348, as adjudged by the Council of said City, sitting as a Board of Equalization, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: I Name Lot Blk Addition Amount Chris & Lura Schuneman W.1. of 1 2 Packer & Barrs $75.00 2 Raymond & LaVena Hagenmaster E t of I " 75.00 AIda Gunn 2 " 147.50 Richard Darling Lesh 3 " 147.50 Richard Darling Lesh 4 " 150.00 Lyle & Rosa M. Lacy 5 " 150.00 Lyle & Rosa M. Lacy 6 " 147.50 Rudy & Madeline Luebs 7 " 147.50 Rudy & Madeline Luebs 8 " 150.00 SECTION 2. The special tax shall become delinquent as follows: One- fifth of the total amount shall become delinquent in fifty days; one-fifth in one year; one-fifth in two years; one-fifth in three years; and one-fifth in four years, respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract, or parcel of land may be paid within fifty days from the date of this levy without I . interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of six percent per annum from the time of such levy until they sh~ll become delinquent. After the same become delinquent, interest at the rate of nine percent per annum shall be paid thereon, until the same is collected and paid. SECTION 3. The City Clerk of the City of Grand Island, Nebraska, is hereby directed to forthwith certify to the City Treasurer of said City the amount of said taxes herein set forth together with instructions to collect same as provided by law. ORDINANCE NO. 4122 (Cont'd) SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Sewer and Water Extension Fund". SECTION 5. Any provision of the Grand Island City Code, and any . I provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. Passed and approved this fourth day of March, 1964. oJ~~ If ~4J Mayor ATTEST: ,:U~ytC S~ w~a l City Clerk I I . ORDINANC E NO. 41 23 . I An Ordinance to amend Ordinance No. 4037; to repeal Sub-section "M" and Sub-section "NN of Ordinance No. 4037; to readjust the pay scale of personnel in the Health Division and in the Sanitation Division "B"; to repeal all ordinances or parts of ordinances in conflict herewith; to provide an effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF, THE CITY OF GRAND ISLAND # NEBRASKA: .' Section 1. That Sub-section "M" and Sub- section "N" of Ordinance No. 4037 be amended to read as I follows: M. HEALTH DIVISION -- CITY'S PORTION: ~ 1. Physician (City-County) 1 200.00 per mo. 2. Director of Sanitation 1 40 hrs. 170.00 per mo. (Ci ty-State) (all City) 300/400 3. City Sanitarian 1 40 hrs. per mo. 4. Public Health Nurse 1 40 hrs. 185.00 per mo. (Ci ty-State) 5. Director of Laboratory 1 40 hrs. 220/250 per mo. (City-State) 150/175 6. Assistant La.boratory Technician 1 20 hrs. per mo. (C i ty-County) 7. Public Health Nurse 1 State & County 8. Junior Clerk (also Sanitation) 1 20 hrs. 100/110 per mo. 9. Food Sanitarian 1 40 hrs. 350/450 per mo. 10. Assistant Sanitarian 1 20 hrs. 150/200 per mo. (Also Sanitation) 11. Receptionist-Secretary 1 40 hrs. 200/210 per mo. 12. Part-time help 1,200 per year N. SANITATION DIVISION "E'I : 1. Operator Sanitary LandF ill 1 48 hrs. 350/380 per mo. 2. Laborers, truck drivers 10 40 hrs. 235/285 per mo. 3. Operator, City dump 1 40 hrs. 255.00 per mo. 4. Senior clerk 1 40 hrs. 200/260 per mo. 5. Junior clerk (also Health) 1 20 hrs. 100/110 per mo. 6. Assistant Sanitarian 1 20 hrs. 150/200 per mo. (also Health) 7. Overtime and. Extra help 1,800 per year I . Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. This Ordinance shall be in force and take effect 30 days from and after the date of its passage as by law provided. 1964. . I ATTEST: ORDINANCE NO.~~____Cont. PASSED AND APPROVED this /Jd, day of /?? ~ , ciJM~ ~q ~s6 CITY CLERK: I I . ORDINANCE NO. 41 24 An Ordinance: pertaining to zoning in the City of Grand Island, Nebraska; changing the classification from "Residence "A"" to 'Business "A'''' of Lots One (1) and Two (2), American Legion Addition to the City of Grand Island, Nebraska; directing that such change and reclassification . I 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. WHEREAS, the proposed rezoning of Lots One (1) and Two (2), American Legion Addition to the City of Grand Island, from Residence "A" District to Business "A" District approved by the Planning Commission on January 15, 1964; WHEREAS, after public hearing on the 5th day of February, 1964, the Board of Adjustment found and determined that the action of the Planning Commission be approved and the request for rezoning be granted; NOW, THEREFORE, BE IT ORDAINED BY THE MA.YOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That all of Lots One (1) and Two (2), American Legion I Addition to the City of Grand Island, Nebraska, be, and the same are, hereby rezoned and reclassified and changed to "Business "A" District". SECTION 2. That the official zoning map of Grand Island be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. The findings and recommendations of the Planning Commission and the Board of Adjustment are hereby accepted and adopted and made a part of this Ordinance. SECTION 4. That Appendix I - Zoning of the Grand Island City Code, and all ordinances and parts of ordinances in conflict herewith are hereby amended to reclassify such Lots One (1) and Two (2), American Legion Addition to the City of Grand Island as herein ordered and determined. I . SECTION 5. That this Ordinance shall be in force and take effect from and after its passage, approval and publication within 30 days in one issue of the Grand Island Daily Independent. PASSED AND APPROVED this 4th _ w\r March, 1964. \ U ~ ' W ~~,U JGL' ~eep Mayor ATTEST: ,~(N~ , City Clerk ORDINANCE NO. 4 1 25 An Ordinance pertaining to Zoning; rezoning Block Two (2), Nelson Subdivision located in Section Twenty (20), Township Eleven (11), North, Range Nine (9) West, Hall County, Nebraska; changing the classification of . I said tract from "Residence "A" District" to "Industrial District"; direct- ing 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, located in the Section Twenty (20), Township Eleven (11), North, Range Nine (9), West, Hall County, Nebraska, now zoned and classified as Residence "A" be re- zoned to "Industrial District"; WHEREAS, said petition for rezoning was referred to the Planning Commission and by said Planning Commission approved, and WHEREAS, after public hearing on the 4th day of March, 1964, the Mayor and City Council found and determined that such request for rezoning should be granted and the tract of land hereinafter described be reclassi- I fied and rezoned as "Industrial District"; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND: SECTION 1. That the tract of land described as Block Two (2), Nelson Subdivision located in Section Twenty (20), Township Eleven (11), North, Range Nine (9) West, Hall County, Nebraska, heretofore zoned and classified as Residence "A" District by Ordinances numbered 3699, 3853, and 4023, by authority of Section 16-901, Revised Statutes of Nebraska, 1943, Reissue, be, and the same is, hereby 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 and changed and amended in accordance with this Ordinance. SECTION 3. That the Ordinances numbered 3699, 3853, and 4023, be, and the same are, hereby amended to reclassify the above described tract as "Industrial District". ORDINANCE NO. 4125 (Cont'd) SECTION 4. That this Ordinance shall be in force and take effect from and after its passage, approval, and publication as by law provided. PASSED AND APPROVED this 4th day 1JMarCh, 1964. (/J .&2' (j ctU/~L~ C/U Iry?e(J Mayor . I ATTEST: ~ L" ~.: . \. r:~.7 Ie "-~ 4 ~.", (1" m ty Clerk I I . ORDINANCE NO. 111 (,; An Ordinance amending Chapter 4 of the Grand Island City Code by the addition of Sec. 4-37, relating to liquors; to provide regulations regarding the closing hours on taverns; to provide penalties; to repeal all ordinances or parts of ordinances or provisions of the Grand Island City Code in con- . I flict herewith. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Chapter 4 of the Grand Island City Code be amended by adding thereto Sec. 4-37, which shall read as follows: "Sec. 4-37. TIME FOR PATRONS TO CLEAR TAVERNS AFTER CLOSING HOURS - UNLAWFUL. It shall be unlawful to allow any patron to remain in a tavern more than fifteen minutes after the time allowed for closing, said closing times having been set out in the prior Sections 4-15, 4-16, 4-17, and 4-18. That the violation of this section by any owner, operator, or employee of the said tavern shall be punishable by fine of from $25.00 to $100.00; and such person shall stand committed to the city jail until such fine I and costs of prosecution are paid, secured, or otherwise discharged according to law." SECTION 2. That all ordinances or parts of ordinances or provisions of the Grand Island City Code in conflict herewith be, and the same are, hereby repealed. SECTION 3. That this Ordinance shall be in force and take effect from and after its passage, approval, and publication within thirty days in one issue of the Grand Island Daily Independent. PASSED AND APPROVED this 1$th day {/);W4J ;€~ Mayor I . ATTEST: J~~L~ [li ORDINANCE NO. 4127 An Ordinance amending Sec. 27-3 and Sec. 27-4 of Chapter 27 of the Grand Island City Code; providing for regulations in regard to railroads; providing for flashing light signals, bel~ and gates on certain streets in the City of Grand Island, Nebraska; providing regulations for the interim period until said warning devices can be installed; repealing all ordinances or parts of ordinances or provisions in the Grand Island City Code in conflict herewith; providing an effective date. BE IT ORDAINED BY THE MA.YOR AND CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Sec. 27-3 of the Grand Island City Code be amended to read as follows: "Sec. 27-3. SIGNAL EQUIPMENT - REGULATIONS - CERTAIN CROSSINGS. It shall be the duty of the Union Pacific Railroad Company to erect, establish, and continuously maintain at the crossings of its railroad at Walnut, Pine, Oak, and Elm Streets, in Grand Island, Nebraska, flashing light signals, complete with bells and short arm gates, said gates to cover one-half of the traveled thoroughfare, with appropriate time-out sections or circuits." SECTION 2. That Sec. 27-4 of the Grand Island City Code be amended I to read as follows: "Sec. 27-4. REGULATIONS FOR INTERJJv1 PERIOD OF INSTALLATION. Until such time as the warning devices as described in Sec. 27-3 shall be in operation, it shall be the duty of the Union Pacific Railroad Company to keep a flagman at said crossings. After said signals and warning devices shall be installed it shall be the option of the Union Pacific Railroad Company as to the termination and use of said flagman." SECTION 3. That all ordinances or parts of ordinances, and all pro- visions in the Grand Island City Code in conflict herewith be, and the same are hereby repealed. That all provisions in Sec. 27-3 and Sec. 27-4 in conflict herewith are hereby repealed. SECTION 4. That 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. I . Enacted this 29th day of June, 1964.. ~./ ~~ ~~h ~~ j/a.e P esident of the~Cil ATTEST: /, ": /":/ . . (", 'if,- ,..Lt"c.;,;.;::/; t q) , hi'. . ~J'7-" ;1 City Clerk 4128 ORDINANCE NO. 41 ~ 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 highways in the . I South Half of the Southeast Quarter (StSEt) of Section Fifteen (15~ Town- ship Eleven (11), North, Range Nine (9), West of the Sixth (6th) P.M. in 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, streets, and highways, the same being contiguous or adjacent lands which are urban and suburban in character, use, development, and adaptation and convenient to the sanitary sewer and City water systems of the such City of Grand Island, and are located in the South Half of the Southeast Quarter (StSEt) of Section Fifteen (15), Township Eleven (11), North, Range Nine (9), West of the I Sixth (6th) P.M. in Hall County, Nebraska, and more particularly described as follows: Beginning at the Northeasterly corner of Walker's Subdivision, an Addition to the City of Grand Isand, Nebraska; thence running northeasterly on the southerly line of Meves First Addition to the City of Grand Island, Nebraska, for a distance of five hundred thirty-six (536) feet to the southeasterly corner of said Meves First Addition; thence running southeasterly on a line parallel to the easterly line of said Walker's Subdivision for a distance of seven hundred nine and five hundredths (709.05) feet to the south line of said Section Fifteen -(15); thence running west on the south line of said Section Fifteen (15) .for a distance of six hundred eleven and eighty~four hundredths (611.84) feet to the southeasterly corner of said Walker's Subdivision; thence running northwesterly on the easterly line of said Walker's Subdivision for a distance of four hundred fourteen and eighty-two hundredths (414.82) feet to the northeasterly corner of said Walker's Subdivision, being the point of beginning. SECTION 2. That copies of the plat of said lands, lots, tracts, streets, I . and highways hereinbefore described, prepared by the Office of the City Engineer of Grand Island, and as approved by the Planning Commission of the City of Grand Island, are hereby directed to be filed in the offices of the City Clerk and the City Engineer of such City, and a copy thereof, together with a certified copy of this Ordinance, shall be filed for record in the office of the Register of Deeds of Hall County, Nebraska. 4128 ORDINANCE NO. 41?t8 Cont'd SECTION 3. Each and all of said lands, lots, tracts, streets, and highways are hereby annexed to the City of Grand Island, Hall County, Nebraska. . I 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 highways hereinbefore annexed and, that lands, lots, and tracts as here- inbefore annexed, not heretofore provided with the same, shall be furnished water service not later than one year after the date of this annexation. SECTION 5. This Ordinance is enacted under authority and in reliance upon Legislative Bill 338 enacted by the 73rd Session of the Legislature of Nebraska, with emergency clause as approved by the Governor of Nebraska on April 24, 1963. SECTION 6. This Ordinance shall be in force and take effect from and after its passage, approval, publication, and as by law provided. PASSED AND APPROVED THIS 18th da~.,.? o~ March, 1964. /;:;;! ~ \ W ~~ /7-/:$---q:; Mayor I ATTEST: ~s.~ ~ City Clerk I . 41:t9 ORDINANCE NO. 4 1 ~ 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 highways in the . I Northeast Quarter of the Northwest Quarter (NEt NWt) of Section Twenty- Two (22), Township Eleven (11) North Range Nine (9) West of the 6th P.M. in 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, streets, and highways, the same being contiguous or adjacent lands which are urban and suburban in character, located in the Northeast Quarter of the Northwest Quarter (NEt NWt) of Section Twenty-Two (22), Township Eleven (11) North Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, and more particularly described as follows: I Beginning at the Northwest corner of Lot Five (5), Block One (1), Claussen's Country View Addition to the City of Grand Island, Nebraska; thence Southerly along and upon the West line of said Claussen's Country View Addition, a distance of Three Hundred Fifty-One (351.0) feet, to the Northwest corner of Block Three (3), Claussen's Country View Addition; thence Westerly parallel to the North line of said Section Twenty-Two (22), a distance of Two Hund- dred Ten and Three Hundred Seventy-Five Thousands (210.375) feet, to the Northeast corner of Lot One Hundred Nine (109), Hawthorne Place, an addition to the City of Grand Island, Nebraska, said point also being on the east line of Oak Street; thence Northerly along and upon the East line of said Oak Street, a distance of Three Hun- dred Fifty-One (351.0) feet to the South line of Bismark Road; thence Easterly along and upon the South line of Bismark Road, a distance of Two Hundred Ten and Three Hundred Seventy-Five Thousand (210.375) feet to the place of beginning and containing 1.695 acres, more or less; the Southerly Sixty (60.0) feet of which comprises street right- of-way designated as Oklahoma Avenue. SECTION 2. That copies of the plat of said lands, lots, tracts, streets, and highways hereinbefore described, prepared by the Office of the City Engineer of Grand Island, and as approved by the Planning Commission of I . the City of Grand Island, are hereby directed to be filed in the offices of the City Clerk and the City Engineer of such City, and a copy thereof, together with a certified copy of this Ordinance, shall be filed for record in the office of the Register of Deeds of Hall County, Nebraska. SECTION 3. Each and all of said lands, lots, tracts, streets and highways are hereby annexed to the City of Grand Island, Hall County, / ( Nebraska. ORDINANCE NO. 41~9 (Cont'd) 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 . I highways hereinbefore annexed and, that lands, lots, and tracts as here- inbefore annexed, ,hot heretofore provided with the same, shall be furnished water service not later than one year after the date of this annexation. SECTION 5. This Ordinance is enacted under authority and in reliance upon Legislative Bill 338 enacted by the 73rd Session of the Legislature of Nebraska, with emergency clause as approved by the Governor of Nebraska on April 24, 1963. SECTION 6. This Ordinance shall be in force and take effect from and after its passage, approval, and publication, as by law provided. PASS~P AND APPROVEP this1.8th day of ~J ;~~~ ;j? ~~ Mayor ATTEST: ?~t~ I I . ORDINANCE NO. 4130 41~O An Ordinance: pertaining to zoning in the City of Grand Island, Nebraska; changing the classification from "Industrial District" to . I "Residence "A"" of part of the blocks and tracts in INDUSTRIAL ADDITION to such City as located in the west half and west half of the east half of Section 14, Township 11 North, Range 9, west of the 6th P.M.; directing that such change and reclassification be shown on the official zoning map of the City of Grand Island, Nebraska, and amending Ordinance No. 3934 and all other ordinances and parts of ordinances and Grand Island City Code in conflict herewith. WHEREAS, the proposed rezoning of the INDUSTRIAL ADDITION to the City of Grand Island, Nebraska, from "Industrial District" in part to "Residence "A" District" was recommended by the Planning Commission on September 25, 1963; WHEREAS, after pu~lic hearing on the sixteenth day of October, 1963, the Board of Adjustment found and determined that the proposed rezoning of ptrt of such INDUSTRIAL ADDITION as "Residence "A" District" as I recommended by the Planning Commission will promote the general public welfare, and that such INDUSTRIAL ADDITION should be rezoned as recommended by such Planning Commission; WHEREAS, on January 6, 1964, the Board of Education of the School District of the City of Grand Island approved such proposed rezoning of part of such INDUSTRIAL ADDITION; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRA.ND ISLAND: SECTION 1. That all of lots' or tracts numbered One (1) to Thirty- nine (39) inclusive, Seventy~six (76), Ninety-Nine (99) to One Hundred Two (102) inclusive, One Hundred Nine (109) to One Hundred Eighteen (118) I . inclusive, in INDUSTRIAL ADDITION to the City of Grand Island, Nebraska, as located in the west half ~d the west half of the east half of Section 14, Township 11 North, Range 9, West of the 6th P.M.; and heretofore zoned and classified as "Industrial District" be, and the same are, hereby rezoned and reclassified and changed to "Residence "A" District". SECTION 2. That all of blocks or tracts numbered Forty (40) to Seventy~five (75) inclusive, Seventy-seven (77) to Ninety-eight (98) 4130 ORDINANCE NO. 4+~'" __ (Cont' d) inclusive, and One Hundred Three (103) to One Hundred Eight (10~ inclusive, of INDUSTRIAL ADDITION to the City of Grand Island, heretofore zoned and classified as "Industrial District" by Ordinance No. 3931-1- incorporating such . I INDUSTRIAL ADDITION within the boundaries of such City of Grand Island shall continue to be, and hereby are, zoned and classified as "Industrial District". SECTION 3. That the official zoning map of Grand Island be, and the same is, hereby ordered to be changed, amended, and completed in accordance wi th this Ordinance. SECTION 4. The findings and recommendations of the Planning Commission, Board of Education, and the Board of Adjustment are hereby accepted and adopted and made a part of this Ordinance. SECTION 5. That Ordinance No. 3934 and all other ordinances and parts of ordinances and provisions of the Grand Island City Code, in conflict herewith, are hereby amended to reclassify the above described INDUSTRIAL ADDITION as herein ordered and determined. SECTION 6. That 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. Passed and approved this 18th ~~~~~~ Mayor ATTEST: ~~~.~ / City Clerk I . ORDINANCE NO. 41j1 . I AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSU- ANCE AND SALE OF SANITARY SEWERAGE REVENUE BONDS OF THE CITY OF GRAND ISLAND, NEBRASKA, IN THE PRINlPAL AMOUNT OF ONE MILLION SIX HUNDRED SEVENTY THOUSAND DOLLARS ($1,670,000) FOR THE PURPOSE OF PAYING THE COSTS OF CON- < < - STRUCTING AND EQUIPPING A NEW SEWAGE DISPOSAL PLANT AND IMPROVING, EXTENDING AND EQUIPPING THE EXISTING SANITARY SEWERAGE SYSTEM OF THE CITY; PRESCRIBING THE FORM OF SAID BONDS AND PLEDGING THE REVENUES DERIVED FROM A SERVICE, RENTAL OR USE CHARGE TO BE COLLECTED FROM THE USERS OF I SAID PLANT AND SYSTEM, INCLUDING ALL EXTENSIONS THEREOF AND ADDITIONS THERETO; LIMITING THE PAYMENT OF SAID BONDS SOLELY TO SAID REVENUES; AND REQUIRING THE CITY TO MAINTAIN AND COLLECT A SERVICE, RENTAL OR USE CHARGE FOR THE USE AND SERVICES OF SAID PLANT AND SYSTEM AT LEAST SUFFICIENT IN AMOUNT TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS AS THE SAME SHALL FALL DUE AND, TOGETHER WITH OTHER MONEYS THAT MAY BE AND ARE LAWFULLY APPLIED THERETO, TO PAY THE COSTS OF MAINTAINING AND OP- ERATING SAID PLANT AND SYSTEM, AND TO CARRY OUT ALL OTHER COVENANTS OF THIS ORDINANCE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The Mayor and Council of the City of Grand Island hereby find and determine: The City of Grand Island now owns and operates a sewerage system, I . including a disposal plant, for the removal, discharge, conduction, carrying, ~reatment, purification and disposal, in a sanitary manner, of the liquid and solid wastes, sew- age and night soil of the City. In order to protect the health of the inhabitants of the City it is necessary that a new sewage plant be constructed and that new equip- ment be installed therein and that the existing sanitary sewerage system be extended and improved and additional equipment provided therefor. The City has had its own ORDINANCE NO.~1--__Cont. engineers and also specialmgineers employed for that purpose, make a survey of the City's sanitary sewerage system, and finds that the cost of constructing a new . I sewage disposal plant and making the improvements and extensions and purchasing the equipment needed at this time will exceed the sum of One Million Six Hundred Sev- enty Thousand Dollars ($1,670,000), and that it is de- sirable and necessary for the City to issue its Sanitary Sewerage Revenue Bonds to raise funds to pay all or part of such cost. SECTION 2. Pursuant to the authority contained in Article 5, Chapter 18 (Sections 18-501 to 18-512, both inclusive), Reissue Revised Statutes of Nebraska of 1943, for the purpose of paying the costs of constructing and equipping 8,new sewage disposal plant and improving and extending and equipping the existing sanitary sewerage system of the City of Grand Island, there shall be and I there are hereby ordered issued revenue bonds of the City of Grand Island, to be called "Sanitary sewerage Revenue Bonds, Series of 1964" (hereinafter referred to as "1964 Bonds"), of the principal amount of One Million Six Hun- dred Seventy Thousand Dollars ($1,670,000). The 1964 Bonds shall be numbered, be of such denominaion, be dated, mature at such times not exceeding thirty years from their date, be redeemable in whole or impart at any time five years after their date at such prices not exceeding 104% of the principal amount thereof and accrued interest, bear interest payable semi-annually at such rate or rates not exceeding six per centum per annum, and be sold at I . such price not less than the par value thereof and accrued interest thereon, as shall be hereafter determined by resolution of this Council. Both principal and interest of the 1964 Bonds shall be payable at the office of the County Treasurer of Hall County, Nebraska, in the City of Grand Island, in such coin or currency which at the time of such payment is legal tender for public and private debts. - 2 - ORDINANCE NO._4121_______Cont. If at any time less than all the 1964 Bonds which are redeemable are called for redemption, the Bonds to be redeemed shall be called in inverse order of their serial . I numbers, Bonds bearing the highest serial numbers being redeemed before redemption of any Bonds bearing a lower serial number. In the event the City shall exercise the option herein reserved to redeem 1964 Bonds, it shall cause notice of such redemption, giving the serial number of each Bond so called, to be published once in the Daily Bond Buyer, or in lieu thereof in some other financial paper, published and of general circulation in the City of New York, New York, and once in a newspaper of general circulation in the City of Grand Island, such publication in each case to be at least thirty days prior to the date of redemption therein stated. If said Bonds shall have been duly called and funds sufficient for the redemption thereof shall have been deposited with the County Treas- I urer of Hall County on or prior to the date of redemption, interest on the Bonds so called for redemption shall cease on the date fixed for redemption. All Bonds so redeemed shall be cancelled and not reissued. SECTION 3. The 1964 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 the coupons pertaining thereto shall be executed by having imprinted thereon the facsimile sig- natures of the Mayor and City Clerk, and by signing the Bonds the Mayor and City Clerk shall be deemed to have adopted as their own proper signatures their facsimile I . signatures imprinted on the coupons appertaining to said Bonds. SECTION 4. The 1964 Bonds shall be issued in coupon form only, and said Bonds and the interest coupons per- taining thereto shall be in substartia11y the following form: - 3 - ORDINANCE NO.~~___Cont. UNITED STATES OF AMERICA STATE OF NEBRASKA COUNTY OF HALL CITY OF GRAND ISLAND - ~ " -' SANITARY SEWERAGE REVENUE BOND SERIES OF 1964 No. --:- $ ,000.00 The City of Grand Island, in the County of Hall, in the State of Nebraska, for value received hereby promises to pay to the bearer hereof solely out of the special fund hereinafter designated and the revenues pledged thereto, but not otherwise, upon surrender of this bond, the principal sum of THOUSAND DOLLARS ($ ,000) on the day of , 19 , or, if this bond is redeem- able prior to said date and notice of the prior redemption thereof has been duly published, all as hereinafter pro- I vided, on any earlier date on which this bond has been duly called for redemption, and to pay interest on said principal sum solely from said special fund and the revenues pledged thereto from date hereof until maturity or redemption, as the case may be, at the rate of per centum ( %) per annum payable semi-annually on the day of the months of and of each year on presentation and surrender of the interest coupons hereto attached as they severally become due. The principal of and interest on this bond are payable at the office of the Cpunty 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 I . debt s . The bonds of this series maturing on or prior to are not subject to redemption prior to their stated maturities. The bonds of this series, numbered from to inclusive maturing and thereafter are redeemable at the option of the City at any time on or after , in whole or in part at the following redemption prices - 4 - ORDINANCE NO.~1---___Cont. with respe:et to each bond, expressed as a percentage of the principal amount of the Bond to be redeemed, set forth below, together with the interest accrued on such principal amount to the date fixed for redemption: Redemption Prices . I Period During Which Redeemed If at any time less than all the bonds outstanding are called for redemption, the bonds shall be called in I inverse order of their serial numbers, bonds bearing the highest serial numbers being redeemed before redemption of any bonds bearing a lower serial number. Notice of redemption giving the serial number of each bond called for redemption shall be published once in the Daily Bond Buyer, or in lieu thereof, in some other financial paper published and of general circulation in the City of New York, New York, and once in a newspaper of general circu- lation in the City of Grand Island, such publication in each case to be at least thirty days prior to the date of redemption therein stated. Interest on the bonds so called shall cease on the date fixed for redemption if I . funds have been deposited with the County Treasurer of Hall County, Nebraska, to pay the same. All bonds so re- deemed shall be cancelled and not reissued. This bond is one of an issue of the aggregate prin- cipal amount of One Million Six Hundred Seventy Thousand Dollars ($1,670,000) consisting of bonds of like . . - tenor herewith except as to number, maturity and interest rate, issued by the City of Grand Island to provide funds - 5 - ORDINANCE NO.~li1---_Uont. for the purpose of paying all or part of the cost of constructing and equipping a new sewage disposal plant and improving and extending and equipping the existing sanitary sewerage system of said City. The issuance of . I all of the said bonds and the pledge and hypothecation of the revenues received from the rates, rental or use charges to be collected from the users of the sanitary sewerage system, including the disposal plants, of the City of Grand Island, has been duly authorized as provided by law by an ordinance duly passed, approved and published by the Mayor and Council of the City of Grand Island, and in strict compliance with the Constitution and statutes of the State of Nebraska, and particularly the provisions of Chapter 18, Article 5, Reissue Revised Statutes of Nebraska of 1943. I The bonds of the issue of which this bond is a part are not general obligations of the City of Grand Island, and shall not constitute a general debt of said City or impose a general liability thereon, but are payable solely out of and secured solely by the separate special fund hereinafter mentioned and the revenues collected by the City of Grand Island as rates, rentals or charges for the use and grvices of the sanitary sewerage system, includ- ing the disposal plants, of the City of Grand Island, and all extensions, enlargements and improvements thereof, to be deposited in said fund, which fund and revenues have been pledged for the payment of said bonds. Under the aforesaid ordinance, all revenues derived I . from rates, rentals and charges to be imposed by said City for the use and services of its sanitary sewerage system, including the disposal plants, and all extensions, improve- ments and bettements to said system and plants, shall be deposited as collected in a separate special fund designated as the "Sewer Revenue Fund" of said City, which revenUe3 and fund shall be used in paying the principal of and interest on this bond and all other bonds of said City that are issued - 6 - ORDINANCE NO._~l______Cont. under authority of said laws and said ordinance and all amendments thereto and are payable by their terms from said revenues and fund and establishing and maintaining a reserve . I therefor; in paying, together with other moneys that may be and are lawfully applied thereto, the costs of operation and maintenance of such system and plants; and in carrying out the covenants provided in the aforesaid ordinance. The City covenants and agrees with the holder hereof that it will establish and maintain and revise from time to time when necessary such rates, rentals and charges to be col- lected from all users of its sanitary sewerage system, in- cluding its disposal plants, and all extensions, improvements Bnd betterments thereto, which shall produce revenues which, when collected and paid into said separate special fund, shall be at least sufficient to pay the principal and in- I terest as the same severally fall due on all bonds, in- cluding this bond, that are issued under the authority of the aforesaid laws and the aforesaid ordinance and all amendments thereto and which by their terms are payable from said revenues and the said separate special fund, into which such revenues shall be deposited; to pay, together with other moneys that may be and are law- fully applied thereto, the costs of operation and main- tenance of said system and plants; to make all payments into the accounts created in said fund by said ordinance; and to carry out all other covenants contained therein. I . The said revenues so collected are pledged to the extent neces~y for the payment of the bonds of the series of which this bond is a part equally and ratably without pre- ference or priority by reason of maturity or otherwise and said bonds constitute a lien and charge on said re- venues, and the aforesaid ordinance constitutes an irre- vocable contract between the City and the holders of said bonds. The City agrees With the holders of said bonds that it will keep and perform all the covenants and agree- ments contained in said ordinance, including, without limiting - 7 - ORDINANCE NO._~1i1-__Cont. the genrality of the foregoing, the covenants and agree- ments t07~stablish and maintain the aforesaid "Sewer Re- venue Fund" and the accounts therein, all as provided in said ordinance. . I The aforesaid ordinance pursuant to, and under the terms and conditions of which, this Bond has been issued, contains provisions permitting the modification in certain respects of the rights and obligations of the City of Grand Island and of the holders of this bond and the cou- pons appertaining hereto when such modifications are assented to and authorized in writing by the holders of seventy- five per cent (75%) in principal amount of the bonds then outstanding under said ordinance, excluding bonds directly or indirectly owned or controlled by the City, and setting forth the terms and conditions upon which may be issued Additional Bonds payable as to principal, premium and interest from the aforesaid revenues and special fund on I a parity with this bond and equally and ratably secured herewith. Reference is hereby made to said ordinance, a copy of which is on file in the office of the City Clerk of the City of Grand Island and to all the provisions of which any holder of this bond by the acceptance hereof thereby assents, for a more complete description of the foregoing and of the other matters contained in said ord- inance. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts and things required by law to exist, to have happened or to be performed precedent to and in the issuance of this bond, exist, have happened and have been performed in reg- I . ular and due form and time as required by law, and that provision has been made for depositing in the aforesaid special separate fund the aforesaid revenues to be applied as herein set forth. IN WITNESS WHEREOF, the Mayor and Council of the City of Grand Island have caused this bond to be executed on behalf of said City by being signed by its Mayor and the - 8 - ORDINANCE NO.~____Cont. official seal of the City to be affixed hereto attested by its City Clerk, and have caused the interest coupons hereto attached to be executed on behalf of said City by having imprinted thereon the facsimile signatures of . I said Mayor and City Clerk, and the Mayor and City Clerk do by the execution of this bond adopt as and for their own proper signatures their respective facsimile signatures imprinted on said coupons, and this bond to be dated as of the day of , 1964. CITY OF GRAND ISLAND By Mayor ATTEST: I City Clerk I . - 9 - ORDINANCE NO.~__Cont. (FORM OF COUPON) . I No. $ On the day of , 19 (unless the bond hereinafter mentioned shall be subject'to prior redemption and has been duly called for redemption and pay- ment of the redemption price duly made or provided for) the City of Grand Island, Nebraska, will pay to bearer at the office of the County Treasurer of Hall County, in I Grand Island, Nebraska, in lawful money of the United States of America, but solely out of the special fund and the revenues pledged thereto specified in said bond, the sum shown hereon, for interest due on that day on its Sanitary Sewerage Revenue Bond, Series of 1964, dated 1964 and No. Mayor City Clerk I . - 10 - ORDINANCE NO.1t1i1 Cont. (FORM OF CERTIFICATE OF STATE AUDITOR) STATE OF NEBRASKA ) 2 SS. OFFICE OF THE AUDITOR OF PUBLIC ACCOUNTS ) . I I, the undersigned, Auditor of Public Accounts of the State of Nebraska, do hereby certify that the within bond has been presented to me, together with a certified transcript of all proceedings had previous to the issuance thereof, and that I have examined the within bond and said proceedings, 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 accord- ance with the provisions of Article 2, Chapter 10, Reissue Revised Statutes of Nebraska of 1943. Witness my signature and seal of my office this day of , 1964. I Auditor of Public Accounts Registry No. Vol. Page (FORM OF CERTIFICATE OF COUNTY CLERK) STATE OF NEBRASKA ) ) SS. COUNTY OF HALL ) I do hereby certify that the within bond has been registered in my office pursuant to the provisions of I . Article 2, Chapter 10, Reissue Revised Statutes of Nebraska of 1943. Witness my signature ane seal of office this day of , 1964. County Clerk of the County of Hall - 11 - ORDINANCE NO.~l____Cont. SECTION 5. The 1964 Bonds shall not be a general obligation of the City of Grand Island, and shall not con- stitute a general debt of said City or impose any general liability thereon, but shall be payable sdely out of and . I secured only by the revenues derived from the rates, rentals and charges made for the use and services of the san~tary sewerage system of the City, including the disposal plants, and all extensions and enlargements thereof, which revenues are hereby pledged for the punctual payment of said 1964 Bonds and the security thereof in accordance with the pro- visions of this ordinance. For all purposes of this ord- inance the terms "disposal plant" or "disposal plants" shall mean and include the sewage disposal plant of the City in existence at the time of the enactment of this ordinance, the sewage disposal plant to be constructed from the pro- ceeds of the 1964 Bonds and any sewage disposal plant con- structed with moneys in the Sewer Revenue Surplus Account I established in Section 10 hereof or from the proceeds of Additional Bonds issued pursuant to Section 17 hereof, in- cluding all extensions and enlargements to any of such plants. SECTION 6. From and after the delivery of any payment for the 1964 Bonds, the City shall establish, impose and maintain, and revise from time to time when necessary, and collect such just and equitable rentals, rates and charges for the use and services of its sanitary sewerage system, including its disposal plant:, and all improvements and ex- tensions thereof, at least sufficient at all times to pay I . the principal of and interest on all 1964 Bonds and all other revenue bonds of the City payable on a parity with the 1964 Bomds and equally and ratably secured therewith; to pay, together with other moneys that may be and are lawfully applied thereto, the costs of operation and main- tenance of said system and plant; to pay any other indebted- ness against the aforesaid system and plant or against the revenues derived from such rentals, rates and charges; to pro- vide and maintain the special accounts in the Sewer Revenue - 12 - ORDINANCE NO._~1--_Cont. Fund hereinafter created; and to carry out all other cove- nants provided herein; provided, however, that the fore- . I goingpentals, rates and charges shall never be less than would produce in any fiscal year total revenues at least equal, after deducting all costs of operation and mainten- ance that are charged to the "Sewer Revenue Fund" for such year, to 125% of the total prinipal and interest accruing during such year Qn all 1964 Bonds and on all other revenue bonds of the City payable on a parity with the 1964 Bonds and equ~lly and ratably secured therewith. All revenues derived from such rates, rentals and charges shall, from and after the delivery of and payment for the 1964 Bonds, be deposited when collected in a separate special fund or ac- count hereby established and created, to be known as the City of Grand Island Se~ Revenue Fund (herein called the "Sewer Revenue Fund"), to be paid out as hereinafter provided. SECTION 7. SEWER REVENUE BOND ACCOUNT. There is hereby I established in the Sewer Revenue Fund an account to be known as the "Sewer Revenue Bond Account". On or before the first day of the month following the month in which the 1964 Bonds are issued and outstanding, and on or before the first day of each calendar month thereafter, there shall be credited to said account from the moneys in the Sewer Revenue Fund an amount such that, if the same amount were so paid and credited to said account on the first day of each month and credited to said account on the first day of each succeeding calendar month thereafter prior to the next date upon which an install- ment of interest falls due on the 1964 Bonds, the aggregate of the amounts so paid and credited to said account will on I . such date be equal to the installment of interest then fall- ing due on all the 1964 Bonds then outstanding. Beginning not later than the first day of the month which is twelve months prior to the first maturity date of the 1964 Bonds, and on or before the first day of each calendar month there- after, there shall be credited to the Sewer Revenue Bond Account from the moneys in the Sewer Revenue Fund an amount such that, if the same amount was so paid and credited -.13 - ORDINANCE NO.~1i1___Cont. to said account on the first day of ~each succeeding ca1en- . I dar month thereafter prior to the next date upon which any 1964 Bonds mature, the aggregate of the amounts so paid and credited to said account will on each maturity date for the 1964 Bonds be equal to the principal amount of said Bonds maturing on each such date. Moneys credited to the Sewer Revenue Bond Account shall be transferred to the County Treasurer of Hall County in such amounts and at such times as shall be necessary to pay the principal and interest on said Bonds as the same become due and payable. Any ordinance or resolution authorizing the issuance of Additional Bonds as provided in Section 17 hereof shall contain provisions for additional monthly credits to the Sewer Revenue Bond Account sufficient to pay the principal of and interest on such Additional Bonds as the same respectively fall due ;in the same manner as hereinabove provided for payments into I said account for the payment of the principal of and interest on the 1964 Bonds. Moneys credited to the Sewer Revenue Bond Account shall be used and applied only for the payment of the 1964 Bonds and such Additional Bonds and shall be so used and applied. SECTION 8. SEWER REVENUE BOND RESERVE ACCOUNT. There is hereby established in the Sewer Revenue Fund an account to be known as the "Sewer Revenue Bond Reserve Account". On or before the fifth'day of the month following the month in which the 1964 Bonds are issued and outstanding, and on or before the fifth day of each calendar month thereafter, there shall be credited to said account from the moneys in the Sewer Revenue Fund an amount, such that, if the same amount I . were so paid and credited to said account on the fifth day of each succeeding calendar month thereafter prior to the d~e three years from the date of the 1964 Bonds, the aggregate of the amounts so paid and credited to said account will on the date three years from the date of the 1964 Bonds be equal to the maximum annual principal and interest requirements on all 1964 Bonds then outstanding. Any ordinance or resolution authorizing the issuance of Additional Bonds as provided in - 14 - ORDINANCE NO.~l1--__Cont. Section 17 hereof shall contain provisions similar to that hereinbefore set forth in this section requiring additional monthly credits to the Sewer Revenue Bond Reserve Account) so that by the date of the first maturity or the first mandatory redemption date of such Additional Bonds there shall be on credit to said Account from such additional a- mounts (and from such other moneys that may be credited to said account with respect to such Additional Bonds)) an a- mount equal to the maximum annual principal and interest re- quirements on all such Additional Bonds then outstanding. Subject to the foregoing) the amant to the credit of the Sewer Revenue Bond Reserve Account shall at all times be maintained at the maximum annual principal and interest requirements on all 1964 Bonds then outstanding and all such Additional Bonds then outstanding) and any moneys to the credit of said account over and above such maximum annual I principal and interest requirements shall be deemed to be surplus moneys and shall be transferred to the Sewer Revenue Surplus Account hereinafter established) to be used and ap- plied as are other moneys in said Surplus Account. Whenever any money is paid out of the Sewer Revenue Bond ReserveAc- count or whenever there shall be a deficiency in said account) the amount withdrawn shall be replaced or the amount of such insufficiency satisfied before any moneys are credited from the Sewer Revenue Fund for any purpose other than the month- ly payments required to be credited to the Sewer Revenue Bond Account as hereinabove provided. The moneys to the credit I . of said Reserve Account shall be held and used solely for the purpose of paying principal or interest on the 1964 Bonds or said Additional Bonds and shall be so applied when- ever there are insufficient moneys therefor credited to the Sewer Revenue Bond Account to meet such payments. Before) however) applying any of the moneys to the credit of the Sewer Revenue Bond Reserve Account to said purpose) there shall first be applied to said purpose all moneys then held in the Sewer Revenue Fund to the credit of the Sewer Revenue Surplus Account hereinafter established. - 15 - ORDINANCE NO.~21___Cont. SECTION 9. SEWER REVENUE OPERATION AND MAINTENANCE ACCOUNT. There is hereby established an account in the . I Sewer Revenue Fund to be known as the "Sewer Revenue Operation and Maintenance Account." If the required credits to the Sewer Revenue Bond Account and the Sewer Revenue Bond Re- serve Account hereinbefore provided shall have been made, there shall on or before the tenth day of each month be credited from the moneys in the Sewer Revenue Fund to the Operation and Maintenance Account such amounts as the City shall deem necessary for the reasonable costs not otherwise provided for from other moneys that may be and are lawfully so applied, of proper operation and maintenance of its san- itary sewerage system, including its disposal plant , and any improvements or extensions thereof, including in such costs, salaries, wages, costs of materials and supplies, routine repairs, renewals, replacements and alterations occuning in the usual course of business, insurance, audits and costs I of collection of the revenues derived from the rates, rentals and charges established for the use and services of said sy- stem and plant. SECTION 10. SEWER REVENUE SURPLUS ACCOUNT. There is hereby established an account in the Sewer Revenue Fund to be known as the "Sewer Revenue Surplus Account". After all required monthly.creditsEto the Sewer Revenue Bond Account, the Sewer Revenue Bond Reserve Account and Sewer Revenue Operation and Maintenance Account have been made as here- inbefore provided, the balance of the moneys in the Sewer Revenue Fund shall be credited to the Sewer Revenue Surplus I . Account and used for making up any deficiencies in the re- quired monthly credits to the Sewer Revenue Bond Account, Sewer Revenue Bond Reserve Account and Sewer Revenue Oper- ation and Maintenance Account. All sums remaining to the credit of the Surplus Account after making up any deficiencies in the required monthly credits to the aforesaid accounts may be used and applied to the following: (a). For paying the costs of future maintenance of the . sanitary sewerage system of the City, including the - 16 - ORDINANCE NO.~21 Cant. disposal plant , and any improvements and extensions there- of, including in such costs extraordinary repairs, renewals, replacements, alterations and equippings; (b). If the amount then credited to the Sewer Revenue . I Bond Reserve Account is less than the maximum annual prin- cipal and interest requirements on all 1964 Bonds and all Additional Bonds issued pursuant to Section 17 hereof then outstanding, moneys credited to the Surplus Account may be transferred to said Reserve Account, but such trans- fers may be made only in amounts which would not cause the moneys credited to said Reserve Account to exceed such maximum annual principal and interest requirements; (c). To redeem in accordance with their respective redemption provisions 1964 Bonds and Additional Bonds issued I not exceeding the current redemption price thereof if such Bonds are redeemable at the time of such purchase, plus in either case accrued interest. All Bonds purchased or redeemed pursuant to this paragraph shall be cancelled and not reissued; and (d). To any other lawful purpose in connection with the sanitary sewerage system, including the disposal plant , and any improvements and extensions thereof. I . SECTION 11. The revenues derived from the rates, rentals and charges imposed for the use and services of the City's sanitary sewerage system, including the disposal plant, and all improvements and extensions thereof, shall not be used for any purposes other than those hereinabove set out. The moneys credited to the Sewer Revenue Fund and the accounts therein and the moneys credited to the construction - 17 - ORDINANCE NO .ll-!1-_Cont . Account hereinafter established shall be held by a bank,. to be selected by the City, which is a member of the Fed- . I era1 Deposit Insurance Corporation (if such corporation then exists) and, unless invested as hereinafter provided, shall be secured in the manner provided by law for the security of funds of the class of cities of which Grand Island is one. Moneys in the Sewer Revenue Fund which have not as yet been credited to an account therein in accordance with this ordinance and moneys credited to the Sewer Revenue Bond Account and the Sewer Revenue Operation and Maintenance Account may, to the extent reasonable and practic{8"b1:e,,~, be invested in direct obligations of, or obligations the principal and interest of wHch are uncon- ditionally guaranteed by, the United States of America maturing at such times and in such amounts as shall be re- quired to pr0vide moneys to make the payments to be made from said fund and accounts. Moneys credited to the Sewer I Revenue Bond Reserve Account, Sewer Revenue Surplus Account and the Construction Account hereinafter established shall be invested in direct obligations of, or obligations the principal of which is unconditionally guaranteed by, the United States of America, maturing or redeemable at stated fixed prices at the option of the holder (a) in the case of moneys invested from the aforesaid Reserve Account, by not later than five years from the date of investment, (b) in the case of moneys invested from the aforesaid Surplus Account at such times and in such amounts as the City shall determine, and (c) in the case of moneys from the aforesaid Construction Account at such times and in such amounts as I . the City and its engineers shall dtermine in order to meet the payments required to be made from such account. In lieu of being invested in direct obligations of, or oblig- ations the principal and interest of which are unconditionally guaranteed by, the U~ed States of America, as hereinbefore in this section provided, the moneys in the Sewer Revenue Fund and the accounts therein and the moneys credited to the Construction Account hereinafter established may be invested - 18 - ORDINANCE NO.~li1___Cont. in savings accounts or savings funds or certificates of deposit of any bank, to the extent that such investments . I are insured by the Federal Deposit Insurance Corporation or are directly secured by the pledge of direct obligations of, or obligations the principal and interest of which are unconditionally guaranteed by, the United States of America; provided, however, that such investments in sav- ings accounts or savings funds or certificates of deposit meet the foregoing requirements of this section as to mat- urities of investmemts. All interest and income from in- vestments made pursuant to this Section shall, when realized and collected, be credited to the fund or account from which such investments were made. Until applied and paid out as provided in this ordinance, all moneys held in the Sewer Revenue Fund, including in any account therein, and all moneys held in the Construction Account hereinafter es- tablished and the securities, savings funds, savings accounts I or certificates of deposit, if any, in which such moneys are invested shall be held in trust for the equal and ratable benefit and security of the holders of all 1964 Bonds and Additional Bonds issued pursuant to Section 17 hereof. All moneys held by any paying agent for the payment of principal, interest and premium, if any, of saig Bonds, including any moneys held by the County Treasusr of Hall County for such purposes, shall be held by such agent or t~surer in trust for the equal and ratable benefit and security of the Bonds for which such moneys have been so set aside. SECTION 12. The City shall operate the sanitary sew- I . erage system, including the disposal plant or plants, and all extensions, improvements, additions and betterments thereof, and shall cause the same to be maintained in good repair and working order and condition, and will from time to time make all necessary repairs and replacements thereof, and will operate the property in an efficient manner and at a reasonable cost and as a revenue producing enterprise. - 19 - ORDINANCE NO. ~1.~1 Cont. SECTION 13. The City shall not sell, lease, mort- gage, pledge or otherwise encumber or alienate its sanitary sewerage system or disposal plant or plants, or any part . I thereof, or any property used in connection with the oper- ation thereof, or (except as hereinafter permitted) the revenues, income or receipts from the rates, rentals and charges for the use and service thereof; provided, however, the City may dispose of any property, including all or part of its present disposal plant, if such property in the judgment of the City and its engineers is worn-out, obsolete or otherwise no longer useful or profitable in the operation of said system and plant and if the proceeds, if any, from the sale of any such property are paid into the Sewer Revenue Surplus Account hereinbefore established and qp- lied as are other moneys credited to said account. SECTION 14. The City shall cause proper books, re- I cords and accounts to be kept separate ane apart from all other books, records and accounts in which complete and correct entries will be made of all transactions relating to the collection of the rates, rentals and charges for the use and service of said sanitary sewerage system, including the disposal plant , and the application and use made of such proceeds. The City will within 90 days after the end of each fiscal year cause said books, records and accounts to be audited by an independent certified public accountant. Each said audit shall show in reasonable detail I . for each such fiscal year the following information: (a). A statement of the receipts and disbursements, including therein total costs of operation and maintenance of the sanitary sewerage system, including the disposal plant , whether such costs be paid from the revenues and earnings of said system and plant or from other moneys, and if other moneys have been applied to the payment of such costs, showing separately that amount of such costs paid from said revenues and earnings and tht amount paid from such other moneys, with the source of such other moneys - 20 - ORDINANCE NO.~~__Cont. also being staed. . I (b). A statement of the delinquent accounts. (c). The accountant's comments regarding the method in which the City has carried out the accounting require- ments of this ordinance and the accountant's recommendation for any changes or improvements in the operation of the accounting system. (d). The cash balance and the investments in each account'separately. (e). A list of all the insurance policies in force at the end of each fiscal year, setting out as to each policy the amount of the policy, the risks covered, the name of the insurer and the expiration date of the policy. A copy of each audit shall be available for public inspection at any time and shall be mailed to the original purchaser of the 1964 Bonds and of any Additional Bonds issued pursuant to Section 17 hereof, and a summary thereof I shall be furnished to the holder of any of the 1964 Bonds or of any of the Additional Bonds issued pursuant to Section 17 hereof, or his agent, at his request, and any holder of any of said Bonds shall have the right to ask for and receive a copy of the audit itself. SECTION 15. The City Treasurer and any other persons who may handle the moneys pledged under this ordinance shall be bonded in each fiscal year in an amount at least equal to one-twelfth of the total of the revenues estimated by the City Council at the commencement of such fiscal year to be derived during such year from the rates, rentals I . and charges for the use and services of the ffinitary sew- erage system, including the disposal plant , or in such greater amount as deemed advisable by the City Council. The cost of such bond shall be considered to be a cost of operation and maintenance of the said system and plant. SECTION 16. The City shall carry insurance with responsible insurers on the insurable parts of the sanitary sewer system, including the disposal plant or plants, of - 21 - ORDINANCE NO.41~1___Cont. such kind and character and in such amounts as are usually carried by cities operating similar properties, including, without limiting the generality of the foregoing, fire, extended coverage and public liability, and all additional . I insurance covering such risks as shall be recommended by an insurance counselor of the City. All moneys received as indemnity for losses under such insurance policies shall be deposited in the Sewer Revenue Fund and used for the purpose of making good any loss or damage covered by said insurance, including by the repairing or replacing of any property damaged. Any moneys not so used shall be transferred to the Sewer Revenue Bond Account, in addition to any other moneys required to be paid into said Account by the provisions of this ordinance, and applied forthwith to the purchase or redemption of Bonds in the manner as Bonds are to be redeemed or purchased from moneys credited to the Sewer Revenue Surplus Account. I SECTION 17. The City shall not issue any bonds, notes, warrants or other indebtedness payable from the revenues derived from the rates, rentals and charges imposed for the use and service of its sanitary sewerage system, in- eluding its disposal plant , prior to or on a parity with the 1964 Bonds or having a lien and charge upon such re- venues superior or equal to the lien and charge on such revenues enjoyed by the 1964 Bonds, except that the City may issue additional sanitary sewerage revenue bonds (herein referred to as "Additional Bonds") payable from said revenues on a parity with the 1964 Bonds and equally and ratably secured therewith upon compliance with the following con- I . ditions: (a). That no defaults shall exist as to any of the - covenants to be kept and performed by the City and no de- ficits shall exist in any of the special funds or accounts required to be maintained, as provided in this ordinance; (b). That the ordinance or resolution authorizing the issuance of such Additional Bonds shall contain the provisions required by Sections 7 and 8 of this ordinance; - 22 - ORDINANCE NO.~ll1---Cont. (c). That the ordinance authorizing such Addition- al Bonds shall provide that such Bonds will mature serially, or for mandatory redemption of the Bonds, in annual installments beginning not more than three . (3) years from the dt:e of such Bond s and ending not earlier than the last maturity date of the 1964 Bonds I and any other Additional Bonds then outstanding, such annual installments of principal to be due in such amounts as to make the total required annual interest and prin- cipal payments on all outstanding sanitary sewerage revenue bonds, including the 1964 Bonds, any other Additinal Bonds and the Additional Bonds then to be issued, substantially equal in each year in which there is a maturity of principal; provided, however, nothing herein contained shall be construed as preventing the Additional Bonds then to be issued from having a mat- urity later than the last maturity of any 1964 Bonds I or other Additional Bonds, if any, then outstanding; and (d). That one-half of the total of the net col- lections from the rates, rentals and charges for the use and service of the sanitary sewerage system, including the disposal plant , for any consecutive twenty-four months' period out of the thirty-six months immediately prior to the issuance of such Additional Bonds shall be at least equal to 1.25 times the maximum amount re- quired to be paid or accrued in any succeeding twelve months' period for the purpose of retiring the principal of, interest on, and any premiums upon the mandatory I . redemption of, all 1964 Bonds and other Additional Bonds, if any, then outstanding and the Additional Bomds pro- posed to be issued. "Net Collections" as used in this section is defined as'moneys paid into the Sewer Revenue Fund during such twenty-four months' period from the collection of rates, rentals or charges fixed for the use and service of said sanitary sewerage system, including - 23 - ORDINANCE NO.~1---Cont. the disposal plant , less the amounts transferred during such twenty-four months' period to the Sewer Revenue Operation and Maintenance Account, and may be adjusted as hereinafter provided. . I Compliance with the provisions of paragraph (d) of this section shall be evidenced by a certificate of an independent Consulting Engineer or firm of engineers or independent certified public accountant or firm of independent certified public accountants to be filed with the City Clerk prior to the issuance of any such Additional Bonds. Such certificate shall state fully the facts upon which such certificate is based, and if it is a certificate of the Consulting Engineer or firm of Consulting Engineers shall have attached thereto the certified financial statement for the twenty-four months' period used by the Engineer or firm of Engineers in ar- riving at the conclusion stated in said certificate. I In the event any change in the rates, rentals, and charges for the use and service of the sanitary sewerage system, including the sewage disposal plant , has been made during such twenty-four months' period or during the interval between the end of such twenty-four months' period and the issuance of such Additional Bonds, or in the event the City shall covenant in the ordinance or resolution authorizing the issuance of such Additional Bonds to impose, effective upon the issuance of such Additional Bonds, higher rates, rentals and charges for such use and service, the Engfumeer or Accountant I . shall, in determining the net collections for such twenty- four months' period adjust the net collections to re- flect the result if such changed rates, rentals and charges, or such higher rates, rentals and charges had been in existence for such entire twenty-four months' period, and the amount of such net collections adjusted as aforesaid shall be conclusive evidence and the only - 24 - ORDINANCE NO._~i1__Cont. evidence required to show compliance with the provisions and requirements of paragraph (d) of this section; pro- vided, however, that if such changed rates, rentals and charges represent an increase of over twenty-five per cent . I in the rates, rentals and charges in effect immedUtely prior to the time of such change, and such changed rates, rentals and charges shall not have been in effect for at least six months prior to the issuance of the Additional Bonds, in determining the net collections for the twenty-four months' period the full amount of the revenues derived from such changed rates, rentals and charges may be included only for that portion, if any, of the twenty-four months' period such changed rates, rentals and charges were actually in effect and the net collections for the remainder of such twenty-four months' period shall be adjusted to reflect the result as if I such changed rates, rentals and charges had been in ex- istence for the remainder of such twenty-four months' period, but only as if the increase represented by such changed rates, rentals and charges had been only twenty-five per cent of the rates, rentals and charges in effect immediately preceding such change; and provided further, that if such higher rates, rentals and charges are to become effective only upon and after the issuance of such Additional Bonds and the increase in such higher rates, rentals and charges will be greater than twenty- five per cent of the rates, rentals and charges in effect immediately prior to the issuance of such Additional Bonds, the net collections for the aforesaid twenty-four I . months' period shall be adjusted to reflect the result as if such higher rates, rentals and charges had been in effect for such entire twenty-four months' period, but ony as if the increase represented by such higher rates, rentals and charges were only twenty-five per cent of the rates, rentals and charges in effect im- mediately preceding the issuance of such Additional Bonds. - 25 - ORDINANCE NO._~1--Cont. The City reserves the right to refund any or all of the 1964 Bonds or Additional Bonds issued pursuant to this section at any time outstanding. If all such out- standing Bonds are not refunded at one time, the annual . I maturities or mandatory redemption dates for such re- funding bonds and the rate or rates of interest thereon shall be fixed so as not to require a greater payment of principal and intaest in any year than would have been required if the outstanding bonds had not been refunded; provided, however, nothing herein shall be construed as preventing the refunding bonds from having matuities later than the Bonds to remain outstanding after such refunding has been accomplished. Any refunding bonds issued pursuant to the provisions of the preceding sen- tence of this paragr~ph shall be Additional Bonds, pay- I able from the revenues derived from the rates, rentals and charges imposed for the use of the snitary sewerage system, including the disposal plant , on a parity with the Bonds not refunded and equally and ratably secured therewith. SECTION 18. Nothing contained in this ordinance shall prevent the City from issuing bonds, notes, war- rants or other forms of indebtedness the payment of the principal and interest of which is a charge upon all or a portion of the revenues derived from the rates, rentals and charges of the sanitary sewerage system, including the disposal plant , junior or inferior to the payments to be made into the Sewer Revenue Bond Account, Sewer Revenue Bond Reserve Account and Sewer Revenue I . Operation and Maintenance Account heretofore established in this ordinance. SECTION 19. There is hereby established under this ordinance a Sewer Revenue Construction Account. The pro- ceeds of the sale of the 1964 Bonds, including the in- terest accrued on said Bonds from their date to the date of payment therefor, shall be paid to the City Treasurer - 26 - ORDINANCE NO. 41~1 Cont. who from such proceeds shall deposit in the Sewer Re- venue Bond Account hereinbefore established an amount equal to such accrued interest and shall deposit any balance of such proceeds in the said Construction Account. . I Moneys credited to the Sewer Revenue Construction Account shall be used and applied solely for the purpose of paying the costs of constructing and equipping the new sewage disposal plant and making improvements and exten- sions to the sanitary sewerage system of the City and equippings thereof. Withdrawals from the Construction Account shall be made only upon duly authorized and executed claims therefor accompanied by a certificate executed by the City's Engineer or Consulting Engineers that such payment is being made for a purpose within the scope of this ordinance and that the amount of such payment represents only the contract price or reasonable value of the property, labor, mataials, service or ob- I ligation being paid for. SECTION 20. Other than amendments to this ordinance which are required for the correction of language or to cure any ambiguity or defective or inconsistent pro- vision, omission, or mistake or manifest error herein contained, no changes, additions or alterations of any kind may be made to this ordinance in any manner; pro- I . vided, however, that from time to time the holders of seventy-five per cent (75%) in principal amount of the 1964 Bonds and Additional Bonds issued pursuant to Section 17 hereof then outstanding hereunder (not including any of such Bonds owned or controlled directly or indirectly by the City), by an instrument or instruments in writing signed by such holders and filed with the City, shall have power to assent to and authorize any modification that shall be proposed by the City of the rights and ob- ligations of the City and of the holders of the Bonds and interest coupons issued hereunder and of the provisiom - 27 - ORDINANCE NO._~1---Cont. of this ordinance, and any action herein authorized to be taken with the assent and authority given as a- foresaid of the holders of seventy-five per cent (75%) in principal amount of said Bonds at the time outstanding . I hereunder shall be binding upon the holders of all of said Bonds outstanding hereunder and upon the City, as fully as though such action were specifically and expressly authorized by the terms of this ordinance; provided always, that without the consent of the holder of each Bond affected thereby in no event may any mod- ification be made to this ordinance which would (a) ex- tend the time of payment of the principal of or the interest on any Bond or reduce the principal amount thereof or the rate of interest thereon or the nrlemption price thereof or (b) give to any of said Bond or Bonds any preference over-any other Bond or Bonds secured I equally and ratably therewith, or (c) authorize the creation of any pledge prior to or: except as provided in Section 17 hereof for the issuance of Additional Bonds, on a parity with the pledge afforded by this ordinance or (d) deprive any holder of said Bonds of the security afforded by the pledge of this ordinance, or (e) reduce the percentage in principal amount of the said Bonds required to assent to or authorize any such modification, or (f) affect the rights of the holders of less than all of said Bonds then outstanding. Any modification of the provisions of this ordinance or of any ordinance supplemental hereto made as aforesaid shall be set forth in a supplemental ordinance to be adopted I . by the City Council of the City. SECTION 21. So long as any of the 1964 Bonds or any Additional Bonds issued pursuant to Section 17 hereof are outstanding, each of the obligations, duties, limit- ations and restraints imposed upon the City by this ordinance shall be deemed to be a covenant between the - 28 - ORDINANCE NO.~i1-Cont. City and every holder of said Bonds, and this ordinance and every provision and covenant hereof shall constitUE a contract of the City with every holder from time to . I time of said Bonds and the coupons pertaining thereto. Any holder of a 1964 Bond or Bonds or of any such Add- itional Bond or of any of the coupons of any of said Bonds may by mandamus or other appropriate action or proceeding at law or in equity in any court of competent jurisdiction enforce and compel performance of this ordinance and every provision and <1ovenant hereof, in- eluding without limiting the generality of the fore- going, the enforcement of the performance of all ob- ligations and duties required to be done or performed by the City by this ordinance and the applicable laws of the State of Nebraska, including in such obligations and duties the making and collecting of sufficient rates, rentals or charges for the use and service of I the sanitary sewerage system, including the disposal plant , the segregation of the revenues derived from such rentals, rates and charges and the application thereof to the respective fund and accounts established in this ordinance. No delay or omission of any holder of any of said Bonds to exercise any right, power or remedy accruing upon any default or failure to perform any of the covenants or agreements of this City contained in this ordinare or in said Bonds shall impair any such right, power or remedy, nor shall such delay or omission be construed as a waiver of any such default or an acquiescence in any failure aforesaid, and every right, I . power and remedy given by this ordinance to the holders of said Bonds may be executed from time to time and as often as may be deemed expedient. - 29 - ORDINANCE NO._~j1_~Cont. solute owner thereof for any purpose, including the pay- ment thereof, without regard to whether the City or its agents have any notice to the contrary or whether or not said Bonds and coupons shall be ~verdue. . I SECTION 23. The City's obligations under this ordinance-and the liens, pledges, dedications, covenants and agreements of the City herein made or provided for, shall be fully discharged and satisfied as to any 1964 Bonds or Additional Bonds issued pursuant to Section 17 - . hereof, and said Bonds shall no longer be deemed out- standing hereunder, if ach Bonds shall have been pur- chased and cancelled by the City, or as to any of said Bonds not theretofore purchased and cancelled by the City, when payment of the principal of and any applicable redemption premium, if any, on such Bond plus interest thereon, to the respective dates of maturities or redemp- I tion (a) shall have been made or caused to be made in accordance with the terms thereof; or (b) shall have been provided by depositing with the Treasurer of the County of Hall, Nebraska, in trust solely for such payment (i) sufficient moneys to make such payment or (ii) direct general obligations of or obligations the principal and interest of w~h are unconditionally guar- anteed by, the United States of America (herein referred to as "Government Obligation"), in such amount and mat- uring or redeemable at stated-fixed prices at the option of the holder as to principal at such times as will I . ensure the availability of sufficient moneys to make such payment, and such Bonds shall cease to draw interest from the date of their redemption or maturity and, except for the purposes of such payment, shall no longer be entitled to the benefits of this ordinance; provided that, with respect to BaDS called or to be called for redemption, the City shall have duly given notice of redemption, or made irrevocable provision for such notice - 30 - ORDINANCE NO.41~1--Cont. and provided further, that without the consent of the . I holder of each such Bond affected thereby, any deposit under (b) above shall not have been made more than one year prior to the maturity date or the redemption date of said Bonds. Any such moneys so deposited with the aforesaid Treasurer as provided in this section may be invested and reinvested in Government Obligations at the direction of the City, and all interest and income f~ all such Government Obligations in the hands of the aforesaid Treasurer which does not represent a return of principal or capital invested shall be paid to the City as and when realized and collected. SECTION 24. If any section, paragr~ph, clause or provision of this ordinance shall be held invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, clause or provison shall not affect any of the remaining por- I tions of this ordinance. SECTION 25. All ordinances, resolutions, or orders, or parts thereof, in conflict with the provisions of this ordinance are to the extent of such conflict hereby repealed. SECTION 26. This Ordinance shall be in fullfurce and effect from and after its passage as provided by law. Introduced by ~ ADOPTED 0 ~ /9 ,1964 by the City Council of Grand Island I . Approved on P7~ It? oj , 1964 '-..... (S EAL) ATTEST: ~s~ City Clerk - 31 - ORDINANCE NO. 4132 An Ordinance assessing and levying a special tax to pay the cost of construction of Water Main District No. 239 of the City of Grand Island, Nebraska; fixing a rate per linear (front) foot for connections thereto; . I providing for the collection of such special tax or connection charge; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances, in conflict therewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said water main in said Water Main District No. 239, as adjudged by the Mayor and Council of said City, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: 19 ADDITION AMOUNT Scarffs $130.00 It 130.00 It 130.00; It 130.00 It 130.00 It 130.00 " 130.00 It 1)0.00 Scarffs 130.00 It 130.00 It 130.00 It 130.00 It 130.00 It 130.00 " 130.00 " 130.00 NAME LOT I Bel Air Corporation 2 Bel Air Corporation 4 Bel Air Corporation 6 Bel Air Corporation 8 Bel Air Corporation 10 Bel Air Corporation 12 Bel Air Corporation 14 Bel Air Corporation 16 Bel Air Corporation 1 Bel Air Corporation 3 Bel Air Corporation 5 Bel Air Corporation 7 Bel Air Corporation 9 Bel Air Corporation 11 Bel Air Corporation 13 Albert Bishop 15 BLK 20 SECTION 2. The special tax shall become delinquent as follows: One- fifth of the total amount shall become delinquent in fifty days; one-fifth in one year; one-fifth in two years; one-fifth in three years; and one-fifth I . in four years, respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract, or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of six per cent per annum from the time of such levy until they shall become ORDINANCE NO. 4132 (Cont'd) delinquent. After the same become delinquent, interest at the rate of nine per cent per annum shall be paid thereon, until the same is collected and paid. . I SECTION J. The City Clerk of the City of Grand Island, Nebraska, is hereby directed to forthwith certify to the City Treasurer of said City the amount of said taxes herein set forth together with instructions to collect same as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Sewer and Water Extension Fund". SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. SECTION 6. This Ordinance shall be in force and take effect from and after its passage, approval and publication within thirty days in one issue of the Grand Island Daily Independent. I PASSED AND APPROVED this 15th day of April, 1964. ~j(~ Mayor ATTEST: ~~~k I . ORDINANCE NO. 4 133 An Ordinance prescribing the time and place of meetings of the City Council of the City of Grand Island, Nebraska; providing for calling of .. I special meetings; providing rules governing the proceedings of the City Council; providing and fixing penalties for interruptions of meetings of the City Council; and, repealing all ordinances and parts of ordinances, provisions of the Grand Island City Code, resolutions and parts of resol- utions in conflict herewith. MAYOR AND BE IT ORDAINED BY THE/ CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Meetings. The regular meetings of the Council shall be held at 7:30 o'clock P.M. in the Council room of the City Hall, commencing with Monday, May 18, 1964, and every second Monday (every two weeks) thereafter; provided that if such meeting date shall occur on a holiday the meeting shall be on the next secular day following. SECTION 2. Special Meetings. I Special meetings may be called by the president of the Council, any. two councilmen, or the city manager, upon six hours written notice to every member of the Council; provided that the requirement of notice shall not be binding in any special meeting at which all the members of the Council appear and are present without objection. Such notices may be served by any member of the police department or any other person in the City; and it shall be the duty of the City Clerk when given such notices to serve the same or cause the same to be served immediately. SECTION 3. Quorum. A majority of the members shall constitute a quorum, but a majority vote of all the members elected to the Council shall be required to pass I . any measure or elect to any office. SECTION 4. Presiding Officer. The president of the Council shall preside at all regular and special meetings of the Council and have a voice and vote in its proceedings but no veto; provided that in the absence of the president the vice president shall preside. - 1 - ~ ORDINANCE NO._~l11-__CONT SECTION 5. Agenda for Meetings. All matters for consideration at any regular meeting of the City Council shall be in writing and delivered to the office of the City Manager or filed in the office of the City Clerk, if so required by law, as the . I case may be, on Friday of the week preceding the date of the meeting at which such matter will be considered, before 12:00 o'clock noon. SECTION 6. Order of Business. The following rules shall govern the proceedings of the City Council. A quorum being present the Council shall proceed to transact the business before it in the following manner unless the same be temporarily suspended by unanimous consent: 1. Opening of meeting. 2. Roll call of members. 3. Reading of minutes of preceding meeting, or meetings, correction and approval of same, unless by consent dispensed with. 4. Petitions, communications, bonds, and bids. 5. Reports of City Manager, or City Clerk, or City Attorney. 6. Unfinished business. 7. New business. SECTION 7. Rules of Order. I Robert's Rules of Order shall govern the proceedings of the Council where applicable and where not in conflict with statutes or ordinances. SECTION 8. Addressing Meetings~ It shall be unlawful for any person to address, or attempt to address, any regular or special meeting of the Council except with the consent of a majority of the members present. SECTION 9. Disturbing Meetings. It shall be unlawful to disturb or interrupt any regular or special meetings of the Council; and, any person violating any provision of this ordinance shall be fined not less than one dollar nor more than ten dollars for each offense, and may be summarily ejected from the council room and the City Hall. I . SECTION 10. All ordinances or parts of ordinances, or provisions of the Grand Island City Code, resolutions, and parts of resolutions, in con- flict herewith be, and the same are, hereby repealed. - 2 - ORDINANCE NO._~lll__CONT. SECTION 11. This ordinance shall be in force and take effect from and after its passage, approval and publication. Enacted this fourth day of May 1964. . I ,-....--.. ( '1 ~4 '~. \, /.---..' i;r'....".. . --../,., . ( ,(,~"'"- C..-",. \"". Ex officio Mayo ATTEST: $~~~~ d.h tf City Clerk I I . ORDINANCE NO. 4134 An Ordinance pertaining to zoning: Rezoning Lots One (1), Two (2), Three (3), Twenty-six (26), Twenty-seven (27) and Twenty-eight (28) of Roush's Pleasantville Terrace Subdivision, and Lots Sixteen (16), Seven- . I teen (17), Eighteen (18) and Nineteen (19) in Matthews Subdivision in the Northwest Quarter of Section Twenty-Seven (27), Township Eleven (11), North, Range Nine (9), West of the Sixth (6th) P.M. in Hall County, Nebraska; changing the classification of said tracts from "Residence -A" District" to "Business "B" District"; directing that such change and re- classification be shown on the official zoning map of the City of Grand Island; and, amending the provisions of Ordinances No. 3699, 3853, and 4023 to conform to such reclassification. WHEREAS, a petition was filed with the City Council requesting that certa~nsubdivided lots located in the Northwest Quarter (NWt) of Section Twenty-Seven (27), Township Eleven (11), North, Range Nine (9), West of the Sixth (6th) P.M. now zoned and classified as Residence "A" be rezoned and reclassified as Business "Bit; I WHEREAS, said petition for rezoning was referred to the Planning Commission and by said Planning Commission approved, and, approved by the Board of Education of School District No.1, Hall County, and, WHEREAS, after public hearing on the fifteenth day of April 1964, the City Council found and determined that such request for rezoning should be granted and the subdivided lots hereinafter described shall be rezoned as Business "B". MAYOR AND NOW, THEREFORE, BE IT ORDAINED BY THE!cITY COUNCIL OF THE CITY OF GRAND ISLAND: SECTION 1. That the following described property located in the Northwest Quarter (NWt) of Section Twenty-Seven (27) in Township Eleven (11), North, Range Nine (9), West of the Sixth (6th) P.M., more particularly described as follows: I . Lots One (1), Two (2), Three (3), Twenty-six (26), Twenty-seven (27), and Twenty-eight (28) of Roush's Pleasantville Terrace Subdivision, and Lots Sixteen (16), Seventeen (17), Eighteen (18), and Nineteen (19) in Matthews Subdivision, heretofore zoned and classified as Residence "A" by Ordinances No. 3699, 3853, and 4023, by authority of Section 16-901, R. R. S. Neb. 1943, be, ORDINANCE NO. 4134 (Cont'd) and the same are hereby rezoned and reclassified and changed to "Business "B" District" as defined by Appendix I - Zoning of the Grand Island City Code. . I SECTION 2. That the official zoning map of the City of Grand Island be, and the same is, hereby ordered and changed and amended in accordance with this Ordinance. SECTION 3. That the Ordinances No. 3699, 3853, and 4023, be, and the same are, hereby amended to reclassify the above described subdivided lots as "Business "B" District". SECTION 4. That this Ordinance shall be in force and take effect from and after its passage, approval, publication, and as by law provided. Enacted this 4th day of May ~4~." " ~vSjJ-~-~,~ - -, '-,~~ Ex officio Mayor ATTEST: ;~'cC~ I I . ORDINANCE NO. 4135 An Ordinance fixing the amount of annual salaries of the Mayor and Councilmen of the City of Grand Island, and the time of payment . I thereof as authorized by Sec. 19-616, Reissue Revised Statutes of Nebraska, 1943. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The annual compensation of the Mayor and Councilmen of the City of Grand Island to be paid quarterly in equal installments as provided by Sec. 19-616, Reissue Revised Statutes of Nebraska, 1943, is hereby fixed in the following sums: 1. The Mayor (President of the Council) shall receive annually the sum of Three Hundred Dollars. 2. The Councilmen, other than the Mayor, shall receive annually the sum of Two Hundred Dollars. SECTION 2. Payment of the foregoing salaries shall be subject to the conditions and limitations contained in such Sec. 19-616, Reissue Revised Statutues of Nebraska, 1943. I Enacted this 18th day of May, 1964. ~ ex officio Mayor ATTEST: ~.f/~ City Clerk I . ORDINANCE NO. 4136 An ordinance pertaining to the application and use of the moneys collected from the rates and charges to be paid to the City of Grand Island . I for the use of its Disposal Plant or Plants and Sewerage System by the persons, firms and corporations whose premises aAe served thereby; amending Section 8 of Ordinance No. 3710 as heretofore amended by Ordinance No. 4031; and repealing Section 8 of Ordinance No. 3710 as heretofore amended by Ordinance No. 4031. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA.: SECTION 1. The mayor and Council of the City of Grand Island hereby find and determine: This City has constructed and owns and operates a sewerage system and plant for the removal, discharge, conduction, carrying, treatment, purification and disposal in a sanitary manner of the liquid and solid wastes, sewage and night soil of such community. The Mayor and Council have heretofore found that it is necessary that a new sewage plant be con- I structed and new equipment installed therein and that the existing sanitary sewage system be extended and improved and additional equipment provided therefor, and, in order to pay the costs of such construction, extensions, e improvements and equippings the Mayor and Council have adopted Ordinance No. 4131, which ordinance authorizes the issuance of $1,670,000 Sanitary Sewerage Revenue Bonds, Series of 1964, of the City of Grand Island, said bonds to be payable solely out of and secured only by the revenue derived from the rates, rentals and charges made for the use of the sanitary sewerage system of the City, including its disposal plant or plants, and which ordinance provides for the application and use of such revenues. The Mayor and Council have heretofore adopted Ordinance No. 3710 and have heretofore amended Section 8 thereof by the adoption of Ordinance No. 4031 which Section 8 as so amended I . provides for the application and use of the revenues derived from the sewer rental charges imposed by said Ordinance No. 3710, and it is now necessary and desirable that said Section 8 of Ordinance No. 3710 as heretofore amended by Ordinance No. 4031 be further amended to conform the provisions thereof with the provisions of the aforesaid Ordinance No. 4131. - 1 - ORDINANCE No.4 1 36 (Cont'd) SECTION 2. Section 8 of Ordinance No. 3710 passed and approved by the Mayor and Council of the City of Grand Island on the 23~d day of August, 1961, as amended by Ordinance No. 4031 passed and approved by the Mayor and . I Council of the City of Grand Island on the 24th day of July, 1963, is hereby further amended so that said Section 8 of Ordinance No. 3710 as now amended shall read in its entirety as follows: "SECTION 8. The Mayor and Council hereby find and determine that the rental charges established by this Ordinance are just and equitable rates 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. Until the delivery of and payment for the Sanitary Sewerage Revenue Bonds, Series of 1964, authorized to be issued by Ordinance No. 4131 passed and approved March 18, 1964, all moneys collected for such rental or use charges from such users shall be placed in a separate reserve fund, namely, "New Sewer System Construction Account (F)", and shall not be used for any other purpose than the construction of a new disposal plant and new sewage I mains, or diverted to any other fund, as provided by Article 5, Chapter 18, Reissue Revised Statutes of Nebraska of 1943. From and after the delivery of and payment for the Sanitary Sewerage Revenue Bonds, Series of 1964, authorized to be issued by said Ordinance No. 4131, all moneys collected for such rental charges shall, when collected, be paid into the separate special fund or account established and created by said Ordinance No. 4131, to be 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 therewith; to establish and maintain a reserve I . fund for the payment of such principal and interest; to pay, together with other moneys that may be and 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." - 2 - ORDINANCE NO. 4136 (Cont'd) SECTION 3. Section 8 of Ordinance No. 3710 as originally passed and approved on the 23rd day of August, 1961, and as heretofore amended by Ordinance No. 4031 passed and approved on the 24th day of July, 1963, be, . I and the same is, hereby repealed. SECTION 4. This ordinance shall be in force and take effect from and after its passage as provided by law. ENACTED the 1RTH day of lVIA Y , 1964. President of the Council and ex officio Mayor of the City of Grand Island ATTEST: J-71i1f~ I I . - 3 - . 1 I 1- .~ ORDINANCE NO. 4 13 7 An Ordinance: pertaining to zoning in the City of Grand Island, Nebraska; changing the classification from "Residence A" to "Business B" of those tracts of land hereinafter specifically described in Section 1; 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. WHEREAS, the proposed rezoning of those tracts of land hereinafter specifically described in Section 1 was' approved by the Planning Commission on March 18, 1964; and approved by the Board of Education of the School District of the City of Grand Island, Hall County, Nebraska, on May 5, 1964, WHEREAS, after public hearing on the first day of April, 1964, the Board of Adjustment found and determined that the action of the Planning Commission be approved and the request for rezoning be granted; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRA.SKA: SECTION 1. That those tracts of land specifically described as follows: -, Beginning at a point on the east line of the Southeast Quarter (SEt) of Section Twenty-one (21), in Township Eleven (11), North, Range Nine (9), West of the 6th P.M., Hall County, Nebraska, said point being the southeast corner of Pleasant Home Subdivision, an Addition to the City of Grand Island, Nebraska; thence running south on the east line of said Southeast Quarter (SEt) of Section Twenty-one (21) to the southeast corner of said Section Twenty-one (21); thence continuing south on the east line of Section Twenty-eight (28), in Township Eleven (11), North, Range Nine (9), West of the 6th P.M., Hall County, Nebraska, for a distance of one thousand five hundred twenty-two (1,522) feet, thence running east to the northwest corner of Mil-Nic Addition to the City of Grand Island, Nebraska; thence continuing east on the north line of said Mil-Nic Addition to the northeast corner of said Mil-Nic Addition; thence running south on the east line of said Mil-Nic Addition to the southeast corner of said Mil-Nic Addition; thence running southwesterly on a southerly line of said Mil-Nic Addition for a distance of fifty-two and seven- tenths (52.7) feet; thence running north on a west line of said Mil-Nic Addition for a distance of twenty-two (22) feet to the south line of said Mil-Nic Addition; thence running west on the south line of said Mil-Nic Addition to the southwest corner of said Mil-Nic Addition; thence continuing west to the east line of said Section Twenty-eight (28); thence running south on the east line of said Section Twenty-eight (28) for a distance of three hundred seventy-six (376) feet; thence running west on the prolongation and the center line of the street between Holcomb's Highway Homes Addition and American Legion Addition, both being additions to the City of Gran~ Island, Nebraska, to ORDINANCE NO. 4137 (Cont'd) . I the center line of Chanticleer Street; thence running north on the center line of Chanticleer Street to the center line of Holcomb Street; thence running east on the center line of Holcomb Street to the south prolongation of the west line of Lot Eleven and Lot "A" in said Holcomb's Highway Homes Addition; thence running north on the said prolongation and the west line of Lot Eleven (11) and Lot "A" and its prolongation to the north line of said Section Twenty-eight (28) thence running east on the north line of said Section Twenty-eight (28) to a point one hundred sixty-five (165) feet from the northeast corner of said Section Twenty-eight (28); thence running north parallel to and one hundred sixty-five (165) feet west from the east line of said Section Twenty-one (21) for a distance of one hundred sixty- five (165) feet; thence running west parallel to and one hundred sixty-five (165) feet north from the south line of said Section Twenty-one for a distance of four hundred eighty-nine (489) feet; thence running north parallel to and six hundred fifty-four (654) feet west from the east line of said Section Twenty-one (21) to ~oint three hundred forty-one (J41) feet south from the south line of said Pleasant Home Subdivision; thence running east parallel to the south line of said Pleasant Home Subdivision for a distance of three (J) feet; thence running north parallel to and six hundred fifty-one (651) feet west from the east line of said Section Twenty- one (21) to the south line of said Pleasant Home Subdivision; thence running east on the south line of said Pleasant Home Subdivision for a distance of six hundred fifty-one (651) feet to the point of beginning, in the City of Grand Island, Nebraska, be, and the same are, hereby rezoned and reclassified and changed to "Business B" District. SECTION 2. That the official zoning map of Grand Island be, and the I same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION J. The findings and recommendations of the Planning Commission and the Board of Adjustment are hereby accepted and adopted and made a part of this Ordinance. SECTION 4. That Appendix I - Zoning of the Grand Island City Code, and " all ordinances and parts of ordinances in conflict herewith are hereby amended to reclassify the tracts of land hereinbefore specifically described in Section I of this Ordinance, 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 I . the Grand Island Daily Independent. Enacted this 18th day of May, 1964. ~ ex officio Mayor ,.) ATTEST: o-17A' S /,Lu Clty Clerk ORDINANCE NO. 4 1 3 ~ An Ordinance repealing Ordinance No. 3887 of the City of Grand Island, Nebraska. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, . I NEBRASKA: SECTION 1. That Ordinance No. 3887, passed and approved October 3, 1962, pertaining to parking on East Third Street between Kimball Avenue and Vine Street, be and the same is hereby, repealed. SECTION 2. This Ordinance shall be in force and take effect after its passage and publication within thirty days in one issue of the Grand Island Daily Independent. Enacted this 18th day of May 1964. ~ ex officio Mayor ATTEST: ~/ ~~ J /t/4A--{ City Clerk I I . ORDINANCE NO. 41'39 An Ordinance: Pertaining to zoning in the City of Grand Island, Nebraska; changing the classification from Residence "A" to Residence "B" of Lots One (1) and Two (2) in Block One (1) of West Bel Air Tliird . I Addition to such City; directing that such change and reclassification be shown on the official zoning map of the City of Grand Island, and amending Appendix I-Zoning of Grand Island City Code and all ordinances and parts of ordinances in conflict herewith. WHEREAS, the proposed rezoning of Lots One (1) and Two (2) in Block One (1) of West Bel Air Third Addition to the City of Grand Island from Residence "A" District to Residence "B" District was approved by the Planning Commission on August 28, 196J, and by the Board of Education of the School District of the City of Grand Island, Hall County, Nebraska, on May 4, 1964; and, WHEREAS, after public hearing on the first day of June, 1964, the Board of Adjustment found and determined that the action of the Planning Commission be approved and the request for rezoning be granted; I NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That all of Lots One (1) and Two (2) in Block One (1) of West Bel Air Third Addition to the City of Grand Island, Nebraska, be, and the same are, hereby rezoned and reclassified and changed to Residence "B". 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. The findings and recommendations of the Planning Commission and the Board of Adjustment are hereby accepted, adopted, and made a part of this Ordinance. I . SECTION 4. That Appendix I - Zoning of the Grand Island City Code, and all ordinances and parts of ordinances in conflict herewith are hereby amended to reclassify such Lots One (1) and Two (2) in Block One (1) of West Bel Air Third Addition in the City of Grand Island, Nebraska, as herein ordered and determined. - 1 - ORDINANCE NO. 4139 (Cont'd) SECTION 5. That this Ordinance shall be in force and take effect from and after its passage and publication within thirty days in one . I issue of the Grand Island Daily Independent. Enacted this first day of June, 1964. ~ ex offici.o Mayor ATTEST: _ "f!;.-://{ S h L ~ i / City Clerk I I . \- I ORDINANCE NO. 4140 AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS OF THE CITY OF GRAND ISLAND" NEBRASKA - SERIES A (SWIFr PROJECT), IN THE PRINCIPAL AMOUNT OF THREE MILLION FOUR HUNDRED THOUSAND DOLLARS ($3,400,000) FOR THE PURPOSE OF ACQUIRING CERTAIN LAND, CONSTRUCTING THEREON A SLAUGHTERING AND PROCESSING PLANT AND OTHER IMPROVEMEN'r~ l. AND. TO PURCHASE MACHINERY AND EQUIPMENT THEREFOR (COLLt;CTIVELY REFERRED TO AS THE I PROJECT I) WHICH BONDS AND RELATED INTEREST COUPONS SHALL BE PAYABLE SOLELY FROM THE REVENUES AND RENTALS FROM THE LEASING OF SUCH PROJECT PLEDGED TO THE PAYMENT OF SAID BONDS; APPROVING AND AUTHORIZING EXECUTION OF A CONTRACT Wmi SWIFl' &: COMPANY WITH RESPECT TO ACQUI- sITIoN OF THE PROJECT. APPROVING AND AUTHORIZING EXECU- TION OF A MORTGAGE AND INDENTURE OF TRUST WITH RESPECT TO SAID PROJECT. APPROVING AND AUTHORIZING EXECUTION OF A LEASE AND AGREEMENT WITH SWIFl' &: COMP ANY" AN ILLINOIS CORPORATION DULY AUTHORIZED AND LICENSED TO DO BUSINESS IN THE STA'l'E OF NEBRASKA" WITH RESPECT TO THE PROJECT.. CONTAINING CERTAIN OPl'IONS 'l'O PURCHASE SAID PROJECT; MAKING FINDINGS AND DETERMINATIONS WITH REFERENCE TO SAID PROJECT AND BONDS j AUTHORIZING THE SALE OF SAID BONDS TO STERN BROTHERS &: CO... OF THE CITY OF KANSAS CITY, MISSOURI; DETERMINING THAT SAID BONDS SHALL NOT BE A LIABILITY OF THE CITY NOR A CHARGE AGAINST ITS GENERAL CREDIT OR TAXING POWERS; PROVIDING THAT THE INVALIDrI'Y OF ANY PART OF THIS ORDINANCE SHALL NOT AF- . FECT THE RE:4AINDER; INCORPORATING WITHIN THIS ORDINANCE THE PROVISIONS OF LEGISLATIVE BILL 159 OF THE SEVENTY- SECOND SESSION OF THE NEBRASKA LEGISLATURE # APPROVED MARCH 14, 1961, AS AMENDED BYLEOISLATIVE BILL 142 OF THE SEVENTY-THIRD SESSION OF THE NEBRASKA LEGISLATURE, APPROVED MARCH 4, 1963; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMEm'S; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PRO- VIDING FOR THE PUBLICATION AND DATE OF EFFECT OF THIS ORDINANCE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND" NEBRASKA: Section 1. The Mayor and City Council of the City of Grand Island find and determine: That in furtherance of the purposes and pursuant to the provisions of Legislative Bill 159 adopted at the 72nd Session of the Legislature of Nebraska, approved on March 14, 1961 {Sections 18-1614 to 18-1623 of Reissue Revised Statutes of 1943, Reissue of 1962), and as amended by Legislative Bill 142 of the 73rd Session of the Legislature of Nebraska approved on March 4, 1963 (hereinafter referred to as the "Act") and in order to provide for the acquisi- tion, purchase, construction, improvement, betterment and extension of industrial development in Nebraska, that it is necessary and ad- visable and in the best interests of the City of Grand Island to: I (a) Acquire, but solely from the proceeds of the sale of the Bonds hereinafter described, certain real property located in Hall County, Nebraska (the "Land"); and (b) Acquire by construction on the Land, but solely from the proceeds of the sale of the said Bonds, a plant and certain related fixtures and improve- ments (the "Plant"); and (c) Acquire, by purchase, but solely from the proceeds of the sale of the said Bonds, certain machinery and equipment to be located and used in the Plant (the "Leased Equipment"); and (d) Lease the Land, the Plant and the Leased Equipment together with all tenements, hereditaments, appur- tenances, rights, privileges and immunities there- unto belonging or appertaining (all of which to- gether are herein called the "Project") to SWIFT & COMPANY, an Illinois corporation, duly qualified and licensed to do business in the State of Nebraska, as Lessee, for the rentals and upon the terms and conditions hereinafter set forth; and (e) Issue, for the purpose of defraying the cost of ac- quiring the Project and paying certain expenses of issuance of the Bonds, Three Million Four Hundred Thousand Dollars ($3,400,000) aggregate principal amount of the City of Grand Island, Nebraska, Industrial Development Revenue Bonds-Series A (SWift Project) (the "Bondsll) under and pursuant to the Act, the Bonds to be issued under and secured by a Mortgage and Indenture of Trust (the "Mortgage") upon th~ Project, between the City and First National Bank of Omaha, Omaha, Nebraska (the lITrustee"); and -2- I Section 2. In accordance with the requirements of Section 5 of said Act, the City Council does hereby deem and find the following: (a) That the amount necessary to pay the principal of said Bonds will be Three Million Four Hundred Thousand Dollars ($3,400,000) and the amount necessary to pay the interest on said Bonds (unless optionally redeemed prior to maturity) will be One Million Eight Hundred Eighty-three Thousand Nine Hundred Thirty-seven Dol- lars and fifty cents ($1,883,937.50) making the aggre- gate debt service requirement Five Million Two Hundred Eighty-three Thousand Nine Hundred Thirty-seven Dollars and fifty cents ~5,283, 937.50) and of which Sixty- three Thousand One Hundred Twelve Dollars and fifty cents ($63,112.50) and representing six months' in- terest which will become due on said Bonds, has been capitalized and will be paid from the principal of said Bonds; and (b) That the lease rental payments to be made by Lessee, which aggregate Five Million Two Hundred Twenty Thousand Eight Hundred Twenty-five Dollars ($5,220,825) together with interest of Sixty-three Thousand One Hundred Twelve Dollars and fifty cents ($63,112.50) and capitalized out of bond proceeds will be suffi- cient in amount to pay all principal and interest requirements on the Bonds as the same become due and that it will not be necessary to provide for the establishment of reverve funds and to provide for the deposit therein of monies to be received from rental payments, such reserve funds to be used in the retirement of said Bonds; and -3- I (c) That the Lessee has covenanted and agreed with the City to maintain the Project, to pay all taxes with respect thereto and to carryall proper insur- ance coverages; and (d) That the Lease and Agreement between the City and said Lessee (which includes certain options for purchase of the Project by Lessee) contains all of the covenants and requirements to be performed by said Lessee as required by the Act and is in full and complete compliance and conformity with all of the provisions of said Act, Section B. The Contract between the City and Swift & Company (Of the form and content hereto attached as Exhibit A) re- lating to acquisition of the Project, be and the same is hereby in all respects authorized, approved and confirmed and the Mayor and City Clerk be and they are hereby authorized and directed to execute and deliver such Contract, including necessary counterparts (Of substantially the form and content as Exhibit A hereto attached), for and on behalf of the City. Section 4, The Lease and Agreement dated as of April 1, 1964, between the City, as Lessor, and SWIFT & COMPANY, as Lessee (Of the form and content hereto attached as Exhibit B) and the pledging of the rentals therefrom for the security of the Bonds and interest coupons, be and the same are hereby in all respects authorized, approved and confirmed and the Mayor and City Clerk be and they are hereby authorized and directed to execute and deliver said Lease and Agreement, including necessary counterparts (in sub- stantially the form and content as Exhibit B hereto attached), for and on behalf of the City, Section 5. The Mortgage and Indenture of Trust between the City and First National Bank of Omaha, Omaha, Nebraska, as Trustee, dated as of April 1, 1964 (the "Mortgagell) (Of the form and content hereto attached as Exhibit C) and the mortgaging of the -4- I Project be and the same are in all respects hereby authorized, ap- proved and confirmed and the Mayor and City Clerk be and they are hereby authorized and directed to execute and deliver said Mortgage and Indenture of Trust, including necessary counterparts (in sub- stantially the form and content as Exhibit C hereto attached), for and on behalf of the City to the Trustee as therein provided for the security of the Bonds and interest coupons. Section 6. The issuance of the Three Million Four Hundred Thousand Dollars ($3,400,000) of Industrial Development Revenue Bonds-Series A (Swift Project), of the City, in the form and of the content set forth in said Mortgage be and the same is in all respects hereby authorized, approved and confirmed and the Mayor and City Clerk be and they are hereby authorized and directed, to execute, seal with the official seal of the City and deliver said Bonds to the City Treasurer who shall then deliver the same to the purchaser thereof for and on behalf of the City, and all of the pro- visions of said Mortgage with respect to said Bonds be and are hereby incorporated herein by reference. Section 7. The sale of the Bonds to Stern Brothers & Co., Kansas City, Missouri, at 100% of principal amount plus accrued interest to date of delivery thereof is hereby authorized, approved, ratified and confirmed and the City Treasurer is hereby authorized and directed to deliver the Bonds to said purchaser upon receipt of the purchase price therefor and to deposit the proceeds thereof with the Trustee to be applied in the manner set forth in the Mortgage. Section 8. The Bonds and interest coupons shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers but shall be payable solely from the revenues of the Project. Section 9. If any section, paragraph, clause or provision of this Ordinance (including the exhibits hereto attached which are made a part hereof and incorporated herein by reference) -5- I shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance or of the said exhibits. Section 10. This Ordinance does hereby incorporate by reference, the same as though fully set out herein, Legislative Bill 159 of the 72nd Session of the Nebraska Legislature, approved March 14, 1961 (Sections 18-1614 to 18-1623 of Reissue Revised Statutes of 1943, Reissue of 1962), as amended by Legislative Bill 142 of the 73rd Session of the Nebraska Legislature, approved on March 4, 1963. Section II, The Mayor and City Clerk be and they are hereby authorized to execute and deliver for and on behalf of the City any and all additional certificates, documents or other papers and to perform all other acts, as they may deem necessary or appro- priate in order to implement and carry out the matters herein authorized. Section 12. All provisions of the City Code, amendments thereto, and all ordinances, resolutions or orders, or parts thereof, in conflict with the provisions of this Ordinance be and the same are,. to the extent of such conflict, hereby repealed. Section 13. This Ordinance, exclusive of the exhibits herein referred to, shall be publiShed within one month from the date of it s passage in the Grand Island Daily Independent a newspaper published in the City of Grand Island, Nebraska, and in addition to such publication, this Ordinance, including the exhibits herein referred to, shall be published in pamphlet form within such one month period and be placed on file with the City Clerk of the City for distribution without charge to any person requesting a copy thereof. Section 14. !his Ordinance shall be in full force and effect from and after its passage and publication as provided by , -6- I law. Passed by the City Council on this /j/ day of' ~_..., t/ 1964. v/ ---- SIGNED this /cS ATTEST: /((:]~'-~~ , City Clerk day of ~ /// ~counCll ex of'ficio Mayor. , 1964. and -7- r I l OONTRACT THIS CONTRACT made and entered into as of the day of , 1964, by and between SWIFT & COMPANY, an Illi- nois corporation, hereinafter referred to as "Swift", and the CITY OF GRAND ISLAND, a municipal corporation and City of the First Class, organized and existing under the laws of the State of Nebraska, hereinafter refer'~.ed to as "Ci tyll , WIT N E SSE T H: WHEREAS Swift is the owner of the land described in Exhibit C-A attached hereto and will enter into a contract or con- tracts providing for the construction, erection and installation thereon of a meat slaughtering and processing plant together with all buildings, facilities, improvements, machinery and equipment necessary and incident thereto; and WHEREAS City, at a legally convened meeting of its City Council with the President thereof presiding, held on June ___, 1964, adopted an ordinance authorizing and approving (1) the execu- tion of this contract, (2) the issuance of $3,400,000 of its Industrial Development Revenue Bonds-Series A (Swift Project), (3) the execution and delivery of a Mortgage and Indenture of Trust under which such bonds will be issued and by which such bonds will be secured, and (4) the execution and delivery of a Lease and Agreement with reference to the land described in Exhibit C-A attached hereto and the meat Slaughtering and processing plant together with all buildings, facilities, improvements, machinery and equipment neces- sary to be constructed, erected and installed thereon (collectively referred to as the IIproject") between City as Lessor and Swift as Lessee, over a term and for rental sufficient in amount to fully amortize said bonds, and WHEREAS pursuant to the Lease and Agreement above referred to, Swift shall enter into general construction contracts for the construction, erection and installation of said Project, which con- tracts, once let, shall be assigned to City contemporaneously with Exhibit A - 1 r I execution and delivery of the Lease and Agreement aforesaid, NOW, THEREFORE, in consideration of the payment by Swift to City of the sum of One Dollar ($1.00) and other good and valu- able consideration, the receipt of which is hereby acknowledged, it is agreed as follows: 1. Swift agrees to convey to City by warranty deed, on or prior to the date of issuance and delivery of said bonds, the land described in Exhibit C-A attached hereto which shall be free and clear of liens and encumbrances. Swift further agrees to assign to City on or prior to the date and issuance and delivery of said bonds the general construction contracts above referred to. 2. City agrees that it will authorize and procure payment to Swift out of the proceeds of said bonds the sum of Thirty.-One Thousand Five Hundred Fifty Dollars ($31,550.00), which amount is not greater than the amount of Swift's investment in the land described in Exhibit C-A attached hereto and City further agrees that it will accept assignments of said general construction con- tracts from Swift on or prior to said date of issuance and delivery of said bonds and will be substituted to the position of Swift there- under pursuant to the provisions of said Lease and Agreement; pro- vided, that nothing herein contained shall be deemed to obligate City to make any payments pursuant to this contract, except out of the proceeds of issuance and sale of said bonds. 3. !his contract shall not be deemed to constitute a lending of the credit of City or to constitute a charge against its taxing powers. In the event that said bonds are not issued and sold prior to the close of business on August 1, 1964, this contract shall be void ab initio. This contract shall inure to the benefit of and shall be binding upon Swift, the City, and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Exhibi t A -2- r I contI"act this ATTEST: ATTEST: Secretary Ci ty Clerk day of ~ 1964. SWIFl' & COMPANY By Vice President CITY OF GRAND ISLAND, NEBRASKA By President of the City Council and ex officio Mayor Exhibi t A - 3- r I STATE OF NEBRASKA COUNTY OF HALL l 55 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 Contract providing for conveyance of certain real estate and the assignment of certain contracts, all as referred to therein, 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 Contract, did each acknowledge that they, in 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 beare date. WITNESS my hand and notarial seal this , 1964. day of (SEAL) Notary Public My commission expires on the day of , 19__ STATE OF NEBRASKA COUNTY OF HALL ) ~ SS I, the undersigned, being a Notary Publ~c in and for the County and State aforesaid, do hereby certify that , who se name as . Vice Pr.eaiderlt. . of Swift & Company, a corporation, is signed to the foregoing Contract pro- viding for conveyance of certain real estate and the assignment of certain contracts, all as referred to therein, and who is personally known to me and known to be such officer, appeared before me on this day and, being fully informed of the contents of said Contract, did acknowledge that in his capacity as such Vice. President, he did execute the same as his voluntary act and deed and the voluntary act and deed of the said corporation, on the day the same bears date. WITNESS my hand and notarial seal this , 1964. day of (SEAL) Notary Public My commission expires on the day of , 19__ Exhibit A - 4 r I A t~act 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, Nebraaka, 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 i~ 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); thence running easterly and parallel to the north line of said Southwest quarter (SW1j4) a distance of One Thousand Nine Hundred Thirty- Seven and Five Tenths (1,937.5) feet; thence running Southerly and parallel to the west line of said Southwest Quarter (SW1j4) a distance of One Thousand Six Hundred Thirty and Thirty-Two Hundredths (1,630.32) feet to a point on the NortherlY' r1ght-of-way line of the C. B. & Q, Railroad Company; 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 SW1j4 a distance of Thirty-Nine and Sixty-Eight Hundredths (39.68) feet to the northeast corner of the SW1j4 SWl/4; thence running Westerly along the north line of the SW1/4 sWIA a distance of Seventy-Six and Th1~tY-Seven Hundredths (76.37) feet to a point on the Northerly right-of-way line of the C. B. & Q. Railroad Company; thence running Northwesterly along said R. O.w. a distance of fine Thousand Three Hundred Seventy and Fifty-Six Hundredths (1#370.56) feet to a point Thirty- Three (33.0) feet East of the West line of said Southwest Quarter; 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 oontaining 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, Nebraska. 'E.XHIBI~ 'Q ','i-> .A Exhibit A - 5 I LEASE AND AGREEMENT THIS LEASE AND AGREEMENT made and entered into on the day of I 1964, by and between the City of Grand Island, a municipal corporation and City of the First Class of the State of Nebraska and located in Hall CountYI hereinafter referred to as Lessor, and Swift & Company, an Illinois corporation duly licensed to do business in the State of Nebraska, hereinafter referred to as Lesseel WITNESSErH: WHEREAS Lessor is a municipal corporation and a city of the first class duly organized and existing under the laws of the State of Nebraska with full lawful power and authority to enter into this Lease and Agreement, acting by and through its Mayor and City Council; and WHEREAS Lessee is a corporation duly organized and existing under the laws of the State of Illinois and duly licensed to do business in the State of Nebraskal with full lawful power and authority to enter into this Lease and Agreement, acting by and through its duly authorized officers I and desires to accept the proposals of Lessor hereinafter stated and to enter into this Lease and Agreement; and WHEREAS Lessor in furtherance of the purposes, and pur- suant to the provisions~ of Legislative Bill 159, adopted at the 72nd Session of the Legislature of Nebraska, approved on March 14, 1961 (Sections 18-1614 to 18-1623, Revised Statutes of Nebraska, 1943, Reissue of 1962), as amended by Legislative Bill 142 of the 73rd Session of the Legislature of Nebraskal approved March 4, 1963 (which together are sometimes hereinafter referred to as the "ActU), and in order to provide for the acquisition, purchase, construction, improvement, betterment and extension of industrial development in Nebraska, has proposed and does hereby propose that it shall: Exhibit B-1 / I I . (a) Acquire~ but solely from the proceeds of the sale of the Series A Bonds hereinafter described~ certain real property (hereinafter referred to as the "LandI!) located in Hall County~ Nebraska~ and described in Exhibit L & A-A hereto attached and made a part hereof; (b) Acquire by construction on the Land and by purchase~ but solely from the proceeds of the sale of said Series A Bendsl a plant (hereinafter referred to as the "plant") consisting of buildings" fixtures and other improvements deemed necessary in connection therewith and certain machinery .and equipment to be placed therein (hereinafter referred to as the "Leased Equipment") suitable for use by the Lessee as a beef slaughtering and processing plant; (c) Lease the Plant, the Leased Equipment" and the Land, together with all tenements, hereditaments~ appur- tenances~ rights~ privileges and immunities thereunto belonging or appertaining ~all of which together are herein called the "Project'), to Lessee for the rentals and upon the terms and conditions hereinafter set forth; and (d) Issue Tllree Million Four Hundred Thousand Dollars ($3~4oo,ooo) aggregate principal amount of its "Industrial Development Revenue Bonds - Series A (Swift Project)~ (and hereinafter referred to as "Series A Bonds If)" under and pursuant to the Act, for the purpose of defraying the cost of acquiring, constructing and equipping the Project and certain expenses in connection with the issuance of the Series A Bonds" the Series A Bonds to be issued under and secured by a Mortgage and Indenture of Trust (hereinafter referred to as the "Mortgage") upon the Projeot (substantially in the form approved by the City Council of Lessor concurrently with approval of this Lease and Agreement)" between Lessor and First National Bank of Omaha, of the City of Omaha" Nebraska" as Trustee (said Bank and its successors as such Trustee being hereinafter called the "Trustee"), under which Mortgage bonds of other series may be issued (the term "Bonds" a's used herein refers to all series of bonds that may be issued under the Mortgage)" and to be further secured by the pledge of this Lease and Agreement by Lessor to the Trustee. NOW, THEREFORE~ In consideration of the premises and the mutual covenants and agreements herein set forth" Lessor and Lessee do hereby covenant and agree as follows: ARTICLE I Grantin~ of Leasehold Lessor h8reby leases, rents and demises to Lessee, and Lessee hereby leases, rents and hires from Lessor, subject to the terms and conditions hereinafter expressed" the folloWing property" to be collectively referred to as the Project: Exhi bi t B -2- I (a) Land consisting of fifty (50) acres, more or less, situate, lying and being in the Southwest quarter of Section 14, Township 11 North, Range 9 West, of the 6th P.M., Hall County, Nebraska, all in the Industrial Addition to the City of Grand Island~ Nebraska, and described 1n Exhibit L & A - A attached hereto and made a part hereof. (b) Plant and Leased Equipment owned by !.sssor and situate in or on the Land whether now so existing or to be purchased or otherwise acquired and constructed, installed or otherwise placed on the Land or in the Plant by Lessor during the term of this Lease. ARTICLE II Term and Rent The term of this Lease shall be for a period of twenty- five."(25) years commencing on April 1, 1964 and ending on March 31, 1989 (hereinafter referred to as the "Basic Termn). Lessee shall have such rights in respect of optional lease renewal upon such terms and including an option to purchase the Project, all as are hereafter set forth in Article VIII. Lessee shall pay to Lessor during the Basic Term hereof those amounts and at the times indicated, as both are set forth in Exhibit L & A - B, attached hereto and made a part hereof, said payments being hereinafter referred to as Basic Rent. If at any time the amounts in the Bond Fund established under the terms of the Mortgage shall have become sufficient to pay in full the principal of (including redemption premium, if any) and interest on all the out- standing Bonds, either at maturity or earlier redemption, then no further Basic Rent shall be payable hereunder during the Basic Term and any funds held in said Bond Fund in excess of the amount required to pay the Bonds in full as aforesaid shall be refunded to Lessee as excess rent. During the term of this Lease, inclUding any renewal or extension thereof, Lessee shall pay in addition to Basic Rent, such amounts and in the manner and at such times as provided by the terms of the specific provisions of this Lease, provisions of the Mortgage, and by separate contracts with and responsive to require- ments of the City, local, county or state law, gnd as additional Exhibit B -3- I I . rent (hereinafter referred to as "Additional Rent") the aggregate of any or all of the following: fees and expenses of the paying agent for the Bonds and the expenses of the Trustee, as provided in the Mortgage, at least se~annually or annually, as statements are rendered by said agents and Trustee and furnished to Lessee; all taxes and assessments, general or special, concerning or in any way related to the Project, or any part thereof, during the term of this lease or any renewal or extension thereof, and any other governmental charges and impositions whatsoever, foreseen or unforeseen, which if not paid when due would impair the lien of the Mortgage on the security of the Bonds or encumber Lessor's title; and -All utility charges and assessments, including but not limited to water and sewer charges; provided, however, that nothing herein shall require Lessee to pay (1) (2) (3) any such item so long as the amount, applicability or validity thereof shall currently be contested in good faith by appropriate proceedings, except as Lessee may have otherw1.se agreed in writing, and in such manner as will not result in loss, forfeiture or material damage to the Project or any part thereof or jeopardize the interest of bondsholders, it being understood that in the event any such witbholding of payment occurs, Lessee shall set aside on its books and maintain adequate reserves (segregated to the extent required by generally accepted accounting principles) to cover any such withholding, all such payments to be considered rental payments under this lease. Lessee shall have the right in Lessorts name and behalf to make any such good faith contest, subject to the limita- tions aforesaid provided that Lessee give Lessor timely notice of its intention to so act and further conditioned upon Lessee holding Lessor harmless from any costs or expenses which may be incurred directly or indirectly as a result of such contest. The Lessor shall promptly forward to Lessee any notice, bill or other advice received by Lessor concerning the imposition of any of such charges above referred to. Lessee may pay any such items in installments if so payable by law, whether or not interest accrues on the unpaid Exhibi t B -4- I I . balance. All payments of Basic Rent and Additional Rent shall be made by Lessee on or before the date the same shall become due, without notice or demand, and without abatement or set off, irre- spective of whether the Lessee shall have taken possession of any part of the Project, and notwithstanding any damage to or destruc- tion of the Project, the taking by eminent domain of title to or of the right of temporary use thereof, change .1m Lessor 1S legal organi- zation or status, or any default of Lessor. Payments of Basic Rent shall be made to Lessor by Lessee remitting the same directly to the Trustee, for the account of Les- sor, and Lessor shall cause the Trustee to deposit all such payments in the trust account provided for in the Mortgage and designated "City of Grand Island Industrial Development Revenue Bond Fund- Swift Project", herein called the "Bond Fund", to be used and applied by the Trustee as provided 1n the Mortgage. Payments of Additional Rent herein specified shall be made to Lessor by Lessee remitting the same directly to the paying agent, the Trustee and the other respective payees, for the account of the Lessor. Lessee may at any time prepay all or any part of the Basic Rent provided for hereunder. ARTICLE III Acqu1sition~ Construction~ Purchase and Co~letion of Project A. Lessor shall, in compliance with and pursuant to the provisions of Section 201 of the Mortgage, issue and sell its Bonds in the principal amount of $3,400,000 on or before August 1, 1964, and deliver said Bonds to the Trustee for delivery to the Bond purchasers against receipt of the Bond proceeds by said Trustee. B. Lessor acknowledges that it has entered into a contract to purchase the Land, a copy of which contract is attached hereto and made a part hereof as Exhibit L & A - C and fuvther covenants that it will acquire said Land pursuant to said contract. Exhibi t B -5- r I I . Lessor shall deliver to the Trustee a Title Guarantee Policy of the form known as ALTA Mortgageets Policy~ including protection against mechanic's and materialmen's liens, such policy to be issued by the Kansas City Title Insurance Company" Kansas City, Missouri, and to be reinsured in part by the Chicago Title Insurance Company, Chicago, Illinois, which pOlicy shall insure the Mortgage to be a valid subsisting first l1en without reservation as to mechanic's and materialmen's liens not of record, as required by the provisions of Section 206 of the Mortgage and to be in an amount not less than the principal amount of the Bonds. Lessor shall also procure a Marketability Form ALTA owners Policy" The costsot said title policies shall be payable out of the Construction Fund to be established under the provisions of the Mortgage. C. Lessor acknowledges that Lessee has entered into contracts with respect to construction of the Plant and acquiring equipment for said Plant, copies of which are attached hereto and made a part hereof as Exhibits L & A - Dl, L & A - D2 and L & A - D3 and Lessor agrees that it will. accept an assignment of said contracts whereby Lessor shall acquire by construction said Plant, and will acquire the Leased Equipment, provided" however, that said acquisi- tion shall be without Lessor's warranty, express or implied as to the quality of or time of performance of said contract or that the Plant when completed will be suitable for Lessee's use, possession or business purposes. Lessee agrees that it will assign said contracts to Lessor prior to the date that Lessor issues and delivers its Bonds to the Trustee. D. Lessor and Lessee confirm and agree that there shall be paid out of the Construction Fund all costs of acquiring and improving the Land and constructing the Plant, including Architects' and Engineers' fees, and further and in addition thereto, the cost of the policies of title insurance required in Paragraph A above, all fees and expenses relating to the issuance of the Bonds, including without limiting the generality of the Exhibit :g-6- . I I I . foregoing, fees and expenses of Chapman and cutler, of Chicago, Illinois, special bond counsel, and fees to~ the registration and filing of the Bonds. During the period of construction and until sald Project is completed and accepted by Lessee as hereinafter provided, Lessor shall cause the Trustee to make disbursements from the Construction Fund to the contractors as the work progresses or as the same beoome due. E. The balance of funds remaining in the Construction Fund after providing for the paYment of the costs specified in paragraph D above, shall be expended by Lessor for the purchase of the Leased Equipment for the Project as follows: 1. Purchase of any items of machinery and equip~ ment owned by Lessee which are (i) selected and designated by the Project Manager, (ii) free and clear of liens or encumbrances, and (iii) purchased upon the basis of depre- ciated book value as shown by the books and records of Lessee as of the most recent practicable date plus the cost of transportation to and installation in the Plant; and 2. Purchase of any items of machinery and equipment from others which are (i) selected and designated by the Project Manager, (il) free and clear of .11:ens or encumbrances, and (lil) purchased for amounts not In excess of the manufacturers! list prices therefor, plus the cost of transportation to and installation in the Plant. When the Project is completed as hereinafter provided, Lessor and Lessee shall enter into a supplemental agreement identi- fying and subjecting to the terms of this Lease and Agreement the items of fixtures, machinery and equipment installed in the Plant which were purchased out of the Construction Fund and confirming the lease thereof by Lessor to Lessee hereunder. F. Lessor hereby designates and appoints R. M. Seward as Project Manager, W. O. Roat as first successor Project Manager, and J. C. Albright as second successor Project Manager. During the Exhibit B-7- . I I I . absence or in the event of the death, resignation or inability to act of any such person as a Project Manager, the person designated above as the next successor shall be Project Manager. Lessor shall remove any person as Project Manager upon the written request of Lessee and not otherwise. Lessor hereby constitutes the Project Manager its duly authorized agent to perform and exercise all authorities~ discretions and elections of Lessor under the contracts referred to in this Article III, including the ma~g of changes, amendments and additions therein and thereto and to supervise and to have and exercise full authority with respect to the construction of the Plant, the purchase of Leased Equipment and the completion of the Project, all with and subject to the approval of Lessee. Lessor shall not make changes in or amendments to said contracts or any of them without Lessee's prior written consent but shall make such changes and amendments including such additions as Lessee shall request provided such changes or amendments shall not change the nature of the project to the extent it would not constitute a I~roject" as defined in the Act. G. The Project shall be deemed to be completed when the Project Manager shall deliver to Lessor a Certificate of Completion also signed by Lessee indicating its acceptance of said Project, said Certificate to set forth the effective date pf said completion and acceptance. Lessor agrees to place Lessee in full possession of the Project immediately upon said completion and acceptance. Lessor shall have the right at any and all times prior to said com- pletion and acceptance to enter in and upon the Project for the purpose of inspecting and supervising the acquisition, construction and installation thereof and thereon. H. Any and all amounts recel ved by Lessor from any of said contractors or suppliers of machinery, equipment or services by way of damages for breach of contract, refunds or adjustments shall become a part of and be deposited in the Construction Fund. Lessor and Lessee agree that the proceeds, if any of the Mortgagees Exhibi t B -8- . I I I . title insurance policy hereinbefore described (i) if received before the Bonds and Interest thereon have been fully paid shall be paid into and becQme part of the Bond Fund, and (ii) if received after the Bonds and Interest thereon have been fully paid, shall be equitably apportioned between Lessor and Lessee. If the Construction Fund shall be insufficient to complete and fully .~a~ for the Project, lien free, including all additions and extras to which Lessee shall agree in writing, Lessee shall pay any such deficiency by making paYments directly to the contractors or suppliers with respect to the Plant or any of the machinery and equipment as the same shall become due, and Lessee shall eeve Lessor whole and harmless from any obligation to pay such deficiency; pro- vided, that any such items of machinery and equipment furnished or purchased by Lessee and not paid for out of the Construction Fund shall be and remain the property of Lessee. The Lessee shall not, by reason of the payment of any such excess costs, be entitled to any reimbursement from the Lessor in respect thereof or to any diminution of the rental payable hereunder. If contrariwise there shall be any amount remaining in the 'Construction Fund after the Project shall have been fully completed and paid for, lien free, it shall be transferred to the Bond Fund.. ARTICLE IV Use of Premises Lessee and its agents and employees shall after the be- ginning of the Basic Term and prior to completion of the Project be permitted to enter upon the Land and make such use of portions of the Plant as shall not interfere with the construction of the Project as a whole. Lessor shall have the right at any and all times prior to completion of the Project to enter therein and thereon for the purpose of inspection and supervising the acquisition, construction and purchase thereof. Immediately upon completion of the Project Lessor shall place Lessee in full possession of the Project and Exhibit B -9- . I I I . Lessor covenants that Lessee on paying Basic Rent and Additional Rent and otherwise performing all other covenants under this Lease shall have quiet and peaceable possession of the Project. Lessee shall not suffer or permit any use or occupancy of the Project contrary to any applicable law, ordinance or govern- mental regulation now or hereafter in force, nor shall Lessee suffer or permit or cause any part of the Project to be subjected to any mechanic's or materialmen's liens by reason of work done for or materials ordered by Lessee or to be subjected to any other encum- brance unless Lessee is contesting in good faith and with due dili- gence the application of such law or governmental regulation or the application or validity of any such lien or encumbrance. Lessee shall have the right to place a sign or signs in or on the property identifying the Project and its operations there- in and thereon as its corporate enterprise and under its corporate or other lawful name. Lessee shall indemnify and save Lessor and Trustee harm- less against and from all claims by or on behalf of any person, firm or corporation arising from the conduct or management of, or from any work or thing done in or on, the Project during the Basic Term or any renewal or extension thereof, and against and from all claims arising during such term from (a) any condition of the Project, (b) any breach or default on the part of Lessee in the performance of any of its obligations under this Lease, (c) any act or negligence of Lessee or of its agents, contractors, servants, employees, or licensees, or (d) any accident, injury or death of any person or damage to any property occurring in or about the Project, including but not limited to any such claims arising by reason of the negli- gence of or any act of the Project Manager. Lessee shall indemnify and save Lessor and Trustee harmless from and against all costs and expenses incurred in or in connection with any such claim arising as aforesaid or in connection with any action or proceeding brought thereon, and upon notice from Lessor or Trustee, Lessee shall defend Exhibit B-IO- . I I I . them or either of them, in any such action or proceeding. ARTICLE V Maintenance, Repair, Obsolescence, Additions and Alterations Lessee at its sole expense will maintain the Project in good repair and condition and upon expiration or termination of this Lease surrender the Project unto Lessor in as good condition as prevailed when entered upon and possession taken, ordinary wear and tear including effects of moisture and refrigeration, damage or destruction by fire or other unavoidable casualty~ contemplated use of the Project, and acts of God alone excepted. Lessee, at its ~xpense, may make alterations of and additions to the Project, or any part thereofl which will not impair the structural soundness or value thereof, including the installa- tion of machinery or equipment, provided that such alterations, additions and installations shall be in accordance with all appli- cable laws, ordinances, and governmental regulations and in the case of structural alterations of existing buildings and the construction of new facilities~ shall be done in good and workmanlike manner conforming to good architectural and engineering practice. All such alterations, installations and additions shall be deemed a part of the Project except that 1f such additions, installations and altera- tions do not represent repair, restoration or replacement of build- ing, improvements, fixtures, machinery or equipment acquired, con- structed or purchased out of the proceeds of the sale of Bonds, then they shall be and remain the property of Lessee. Lessee may remove at any time prior to the expiration or termination of this Lease any such alterations, installations or additions which are its property, provided that Lessee in the event of such removal shall restore the project to as good condition as before the alterations, installa- tions and additions being removed were installed; however, Lessee shall have no obligation to remove any such alterations, installa- tions or additions. Exhibit B -11- . I I I . The parties hereto recognize that portions of the Leased Equipment may become inadequate, obsolete, worn out, unsuitable or unnecessary in the operation of the Project. The Lessor shall not be under any obligation to renew, repair or replace any such inade- quate, obsolete, worn out, unsuitable or unnecessary Leased Equipment. In any instance where the Lessee determines that any items of Leased Equipment have become inadequate, obsolete, worn out, unsuitable or unnecessary in the efficient operation of the Project, and that the removal thereof will not materially interfere with the operation of or impair the effective use and capacity of the Project, (a) The Lessee may, with the prior written approval of Lessor's City Engineer or other official of the Lessor designated by its Mayor and City Council (which designa- tion shall be in writing and filed with the Trustee) re- move such items of Leased Equipment from the Project and (on behalf of the Lessor) sell, trade-in, exchange or otherwise dispose of them without any responsibility or accountability to the Lessor O~ the Trustee therefor, pro- vided that the Lessee substitutes and installs an~ere in the Project other maChinery or equipment having equal or greater market value (but not necessarily the s~e function) in the efficient operation of the Project. All such substituted machinery or equipment shall bet:. ee of all liens and encumbrances (other than the lien 0 the Mortgage), shall be and become part of the Lease Equip- ment subject to the demise hereof and shall be held by the Lessee on the same terms and conditions as items originally comprising the Leased Equipment; or (b) the Lessee may, with the prior writte~ approval of Lessor's City Engineer or other official of phe Lessor designated by its Mayor and City Council (whicH designa- tion shall be in writing and filed with the Tr~stee) re- move such items of Leased Equipment from the project and sell, trade-in or exchange them (as a whole or ~n part) on behalf of the Lessor, either to itself or a~other, or otherwise dispose of them (in whole or in part), without being required to substitute and install other equipment in lieu thereof, provided (i) that in the ca~ of the sale of any such equipment to anyone other than lt~elf or in the case of the scrapping thereof, the Lesser pays into the Bond Fund the proceeds from such sale or the scrap value thereof, as the case may be, (ii) that ~n the case of the trade-in of such equipment for other ~uipment not to be installed at the Project, the Lessee pays into the Bond Fund the amount of the credit, receiveA by it on such trade-in, (iii) that in the case of the sa1e of any such equipment to the Lessee, or in the case of any other dis- position thereof, the Lessee pays into t~e Bond Fund an amount equal to the sale price, and (iv) any sale of any such equipment by the Lessee to itself, or to any of its officers, directors, stockholders or subsidiaries shall first be approved in writing by the Trustee. Exhibit B -12- . I I I . The Lessee covenants that it will promptly report such , removals, substitutions, sales and other dispositions to the Trustee, will pay to the Trustee such amounts as are required by the provi- sions of the preceding subsection (b) to be paid into the Bond Fund simultaneously with or immediately after the sale, trade-in or other disposition requiring such payment and will execute and deliver to the Lessor and the Trustee such documents as the Trustee may from time to time require to confirm the title of the Lessor (subject to the Lease and Agreement) to any items of machinery and equipment that under the provisions of this Article are to become a part of the Leased Equipment. The Lessee will pay any costs (including counsel fees) incurred in subjecting to the lien of the Mortgage any items of maChinery, equipment or other property that under the . prov1e1on~: of this Article are to become a part of the Leased Equipment or in releasing such equipment from the lien of the Mortgage. The Lessee will not remove or permit the removal of any of the Leased Equipment from the Project, except in accordance with the provisions of this Article. Eligibility of Leased Equipment to be released from the lien of the Mortgage shall be evidenced by a certificate, signed by an officer of Lessee ,accompanied by the Approval of the Lessor and delivered to the Trustee, confirming Lessee's compliance with this Article. ARTICLE VI ~?surance and Restoration (a) During construction of the Project the Lessor shall carry, or require contractors to carry, comprehensive public liability insurance covering its operations on the Project, including bodily injury insurance on the Project (including wrongful death) in the sum of not less than One Hundred Thousand Dollars ($IOO,OOO) for anyone person and not less than Three Hundred Thousand Dollars ($300,000) for anyone accident, and for property damage Exhibit B -13- I in the sum of not less than Fifty Thousand Dollars ($50~000) for accidents occurring on the Project or incident to the construction of the Project. Any such policy or policies shall name both Lessee and Trustee as additional insured and certificates of all such insurance shall be furnished to Trustee. In addition~ any contractor shall be required to deliver to Lessor a certificate of Workments Compensation insurance coverage, complying with the laws of the state of Nebraska. Contractors shall also carry Employees' LLability Insurance with limits of not less than $100,000/$300,000. \ Upon the completion ,)! construction of the project and delivery of the certificate of completion hereinbefore referred to, Lessee, at its expense, shall provide and maintain comprehensive public liability insurance to the extent and in the amount that Lessee and like corporations provide for similar plant facilities or in such larger or smaller amounts which the Lessor and Lessee agree upon from time to time. lessee shall annually, commencing with the first anniversary date after completion of construction of the Project hereinabove referred to, deliver to the Trustee a certi- ficate signed by an officer of Lessee certifying that Lessee is in compliance with the aforesaid. or insurers, but shall not be required to insure any part of the Project, for amounts exceeding Ninety per cent (90%) of the original costs thereof. The cost of carrying such insurance shall be paid from the Construction Fund and all such insurance policies shall name Lessor and Lessee as insureds as their respective interests may appear and be made payable to the Trustee pursuant to a standard mortgagee clause, shall be non-cancellable except after at least ten (lO) days I notice to the Lessor and Lessee, and shall be carried with responsible insurance companies authorized and qualified to assume the risks thereof. The proceeds of all such fire and extended coverage insurance policies shall be paid to the Trustee and deposited by it in the Construction Fund established by Section 6o~ of the Mortgage. Upon completion of construction of the Project and delivery of the certificate of completion hereinbefore referred to, II Lessee, at its expense, shall provide coverage against loss or . II II . damage by fire, explosion, lightning, strikes, riots, vandalism and sprinkler leakage. to the Project to the extent and in the amounts that Lessee and like corporations provide for similar plant facilities or in such larger or smaller amounts which the Lessor and Lessee agree upon from time to time. Lessee shall annually, commencing with the first anniversary date of this Lease, deliver to the Lessor a certificate signed by an officer of Lessee certifying that Lessee is in compliance with the aforesaid. In case the Project or any part thereof, after completion, shall be damaged or destroyed by fire, explosion lightning, strikes, riots, vandalism and spDinkler leakage to a degree requiring the replacement or reconstruction thereof, Lessee may, at its option (8) require the use of any of the proceeds of the Exhibit B -15- . I I I . insurance covering the Project to replace or reconstruct the same or any part thereof and to the extent insurance proceeds exceed such cost of replacement or reconstruction require the use of such excess insurance proceeds for the payment or redemption of the outstanding Bonds, or (b) require the use of all such insurance proceeds for the payment or redemption of the outstanding Bonds. In the event that any of such insurance proceeds are to be used for the payment or redemption of Bonds then: (1) There shall be paid or redeemed at the earliest possible date such amount of Bonds as will exhaust such insurance proceeds as nearly as practicable; and (11) If the insurance proceeds are used to pay or redeem all of the outstanding Bonds and interest thereon, then this Lease shall terminate at Lessee's option. In the event Lessee shall elect to use or have used any such insurance proceeds for the replacement or reconstruc- tion of all or any part of the Project, the proceeds of such insurance to be so applied shall be deposited with the Trustee with which the Construction Fund has or had been established and paid out by it upon receipt from Lessee of appropriate certificates as to the cost of the work of replacement or reconstruction by an architect or engineer retained or employed by Lessee and approved by the Lessor for such purpose. In the event any such insurance proceeds are to be applied to the payment or redemption of the Bonds, the same shall be remitted by Lessee to the Trustee for deposit in the Bond Fund. No loss or damage to the Project shall in any way relieve Lessee of its obligation to make the Basic Rent and Additional Rent payments as provided in Article II hereof unless paYment of all of the Bonds and interest thereon, shall have been duly made or provided for. Exhibit :8-16- . I I I . ARTICLE VII Condemnation and Restoration In the event of a taking of the Project, or any part thereof, Qr any interest therein, or right accruing thereto as the result of or in anticipation of the exercise of the right of con- demnation, or eminent domain, (8) the party, either Lessor or Lessee, upon which notice of such taking is served shall give prompt written notice thereof to the other, (b) Lessor and Lessee (if Lessee is not in default hereunder) may each file, prosecute and collect their respective claims for an award on account of such taking, (c) Lessor and Lessee agree that at Lesseets option this Lease shall remain in full force and effect with respect to any remaining portion of the Project, and (d) Lessor and Lessee agree that the right of Lessee to exercise its options to renew the term hereof, or purchase the Project, as hereinafter provided, shall remain unimpaired not- withstanding any taking of title to, or of the right to temporary use of, all or part of the Project and the following provisions of this Article shall be construed in the light of the effect of any such option exercised by Lessee, and if Lessee shall exercise any such option and pay the purchase price, the entire condemnation award shall belong and be paid to Lessee. If' at any time before the Bonds and interest thereon are fully paid, title to all or substantially all the project shall be taken in any proceeding involving exercise of the right of eminent domain or condemnation (hereinafter referred to as the "proceeding"), Lessor and Lessee shall deposit their respective awards in the Bond Fund pursuant to the governing prOVisions of the Mortgage for the purpose of bond redemption and Lessee shall terminate this Lease effective at midnight on the thirty-first day after vesting of title pursuant to said proceedings. If the amount of such awards Exhibit B-17- so deposited in said Bond Fund is insufficient, together with the amount then in said Bond Fund, to redeem or retire, in accordance with the provisions of the Mortgage, all outstanding Bonds (in- cluding principal, interest, expenses of redemption, applicable redemption premium as stated in the Mortgage and the fees of the Trustee and of the paying agent1 Lessee shall pay such deficiency as additional rent. If the amount of such awards so deposited in said Bond Fund, together with the amount then in said Bond Fund, is in excess of the amount required to redeem or retire the Bonds as aforesaid, including the enumerated costs associated therewith as above enumerated, then $1,000 or one-half of such excess, whichever amount is the larger, shall be paid to the Lessor and the remainder of such excess shall be paid to the Lessee. The amounts of such awards so deposited in the Bond Fund, together with amounts then in said Ebnd Fund (less any excess amount paid to the Lessee as above II prov1ded) together w1th any Add1t1onal Rent pa1d by the Lessee by reason of any insufficiency, as above provided for, shall be used . I I . and applied by the Trustee to the payment and redemption of all outstanding Bonds at the earliest possible date. For the purposes of this Article, lIall or substantially all of the Project" shall mean any taking of all or substantially all of the land or such taking of building, fixtures, machinery or equipment or diminution or impairment of other rights appertaining so as in Lesseels opinion to render restoration or continued operation of its Plant impractic- able, Lessee to declare its intention by giving notice to Lessor wtthin thirty days after notice received by Lessee as hereinabove provided. If at any time before the Bonds and interest thereon are fully paid, title to less than all or substantially all of the Project shall be taken in any proceedings, Lessor and Lessee shall Exhibi t B -18- . I I I . deposit their respective awards in the Bond Fund pursuant to governing provisions of the Mortgage for the following purposes: 1. If no part of the building~ improvements, fixtures, machinery or equipment be taken or damaged, or if in Lessee's opinion the efficient utilization of the Project be not impaired, then the deposit shall be used for bond redemption. If any part of the building, improvements, fixtures, machinery or equipment be taken or damaged, or if in Lessee's opinion efficient utilization of the Project be impaired, then Lessee shall effect necessary repairs or restoration or rearrange the facilities to render the Project as nearly as reasonably practicable to the value and condition thereof immediately prior to such taking (with alterations or additions at Lessee's election pursuant to Article V hereof) provided that Lessee's obligation hereunder shall be limited to the aggregate value of the separate awards deposited, such awards to be paid out by the depositary against receipt from the Lessee of appropriate certificates approved by Lessor as to the cost of said repairs, replacements, or restoration. When as provided hereinabove, awards are deposited for the purpose of bond redemption, such awards shall be applied so that: (a) There shall be paid or redeemed at the earliest possible date in the manner provided in the Mortgage such amount of Bonds as will exhaust the awards as nearly as practicable; Exhibit B -19- . I I I . (b) If such awards are more than sufficient to pay or redeem all of the Bonds, then outstanding, in the manner provided in said Mortgage, Lessor shall be paid $1,000 or one-half the excess of said awards, whichever be less, and Lessee shall receive the balance. at .such excess. NOtwithstanding any provision to the contrary appearing above, in the event there be any taking for any period of time of the Project, or any part thereof, this Lease shall not be thereby terminated and the parties hereto shall continue to be obligated under all of its terms and provisions. If such taking is for a period of time ending on or prior to the expiration of the Basic Term, Lessee shall be entitled to receive the entire amount of the award made for such taking, whether by way of damages, rent or othep wise, and in such case, shall at the termination of the period of such taking and upon being restored to possession, restore the Pro- ject as nearly as reasonably practicable to the condition existing immediately prior to said taking, provided that Lessee shall not be obligated to expend more for such restoration than the net amount of the award received by Lessee after deducting an amount equal to the portion of rentals paid by Lessee during the period of such taking, equitably apportioned to the part of the Project taken. No taking of the Project, or any part thereof, shall in any way relieve O~ be construed to relieve Lessee of its obligation to make basic and additional rental payments or to perform its other obligations contained in this Lease unless payment of all of the Bonds, and interest thereon, shall have been duly made or provided for. ARTICLE VIII Options - Renewal of Term and Purchase (a) Lessee shall have the right to renew the term of this Lease, upon expiration of the Basic Term or the then current Exhi bi t B- 20- . I I I . additional term, for additional terms of five years each, not, however, to exceed three (3) such additional periods. The basic rental for each year of any such renewal term shall be $240 per year payable annually in advance to Lessor. All taxes, assessments, charges, fees and other expenses in connection with the renewal of terms shall be at the expense of Lessee. In addition, Lessee shall keep the Project insured as provided in Article VI hereof. Lesseets right to any renewal term shall be exercised by notifying Lessor at least 60 days prior to the expiration of the then current term or additional term of Lessee's election to renew. (b) At the expirat:1o.n of the Basic Term hereof or during or at the expiration of any renewal term hereof and provided that the Bonds and interest thereon have been fully paid or provided for, Lessee shall have and is herein granted by Lessor the option to purchase the Project for $1,000 in cash. Lessee shall exercise said option by giving 90 days' advance written notice to 'Lessor of its exercise thereof specifying the time and place of closing, which shall neither be earlier than 30 days nor later than 90 days after said notice is given. At such closing, Lessor shall, upon receipt of the purchase price, deliver to Lessee a general warranty deed transferring good and merchantable title to the Project to Lessee, free and clear of all liens and encumbrances except those to which title was subject when conveyed to Lessor, or became subject with Lessee's express consent or acquiescence, or which resulted from the failure of Lessee to perform any of its obligations under this Lease. (c) At any time before the Bonds and interest thereon are fully paid, Lessee shall have the right and option to purchase the Project, but only if: Exhibi t B -21- (1) the Plant shall have been damaged to the extent that it cannot be reasonably restored to the condition existing tmmedlately preceding such damage within a period of four (4) months# or to the extent that Lessee is thereby prevented from carrying on its operations therein for a period of four (4) months# or to the extent that the restoration cost would exceed the total amount of insurance carried on the Plant in accordance with the provisions of Article V1jur (il) title to# or the temporary use of, all or sub- stantially all of the Project shall be taken by eminent domain; or (iii) as a result of changes in the Constitution of the state of Nebraska or of legislative action, or by the final decree or judgment of any court entered after Lessee's contest thereof in good faith, this Lease and Agreement becomes void or unenforceable or impossible of performance in accordance with the intent and purposes of the parties as expressed in this Lease and Agreement, or unreasonable burdens or excessive liabilities are imposed upon either party to it; or (iv) the Project or a material portion thereof is adjudged by a court of competent jurisdiction to be a public nuisance and operation of the Project or a material portion thereof is permanently enjoined, and such decision has become final or if appealed, affirmed upon such appeal and the decision upon appeal has become final; or I (v) the bonds are then subject to redemption; and in the event of occurrence of any of the conditions stated in Exhibit B -22- . I I sUbparagraphs (1)~ (il)~ (111) and (lv) of Paragraph (c) of this Artlcle~ Lessee covenants that it will exercise its option to purchase the Project within one hundred and twenty (120) days after the right to exercise the same has become vested in Lessee. (d) After the Bonds and interest thereon have been fully paid~ Lessee shall have the unconditional right and option to purchase the Project at any time during the Basic Term or any renewal thereof. (e) The purchase price payable if Lessee exercises its option to purchase the Project under the provisions of paragraphs (c) and (d) hereof shall be that amount which when added to any amount then in the Bond Fund is sufficient to redeem and retire all outstanding Bonds, including principal, interest~ expenses of redemption, fees of the Trustee and of the paying agent~ said amount to be deposited with the Trustee for redemption and retirement of all outstanding Bonds, pursuant to the Bond Ordinance and Mortgage, plus an additional sum of One Thousand Dollars ($1,000) to be paid by Lessee to Lessor. ARTICLE IX Assignments and Subletting by Lessee Lessee may assign this Lease and Agreementor sublet the Project or part thereof provided that no such agreement <i)f, subletting and no dealings or transactions between Lessor or the Trustee and any subtenant or assignee shall relieve Lessee of any of its obligations under this Lease and Agreement and Lessee shall remain as fully bound until such time as the outstanding Bonds, both principal and interest, have been paid or provision made for the payment thereof, as though no assignment or subletting had been made, and performance by any assignee or subtenant shall be Exhibi t B -23- , considered as performance pro tanto by Lessee; provided, however, that if Lessee shall assign this Lease and Agreement as part of a transaction involving the merger or consolidation of Lessee with or into or the sale of all or substantially all of the Lessee's assets to another corpo~atlon and such assignee corporation shall expressly assume and agree to perform all of Lessee's obligations under this Lease and Agreement and be bound by all of the terms and provisions of this Lease and Agreement, then Lessee shall be released of all thereafter accruing obligations under this Lease and Agreement, but only upon condition that pr!or to the effective date of such merger or consolidation, Lessee shall have furnished Lessor and the Trustee with evidence in the form of financial statements certified by an independent certified public accountant or firm of accountants, of recognized standing, showing that the I net assets of such assignee after such assignment are at least equal to the net assets of Lessee as shown by Lessee's balance sheet as of the last day of the month immediately preceding such merger or consolidation. Lessor shall not, without Lessee's consent given in writing by an officer of Lessee, sell, transfer, conveyor encumber Lessor1s interest in the Project, except for the security of the Bonds under the Mortgage. The provisions of this Lease and Agreement shall bind and inure to the benefit of the parties hereto and to respective successors and assigns, provided, however, that no one shall have any benefit or acquire any rights under this Lease and Agreement pursuant to any conveyance, transfer or assignment in violation of any of its provisions. ARTICLE X Lessor - Additional Rights/Limitation of Obligations If Lessee shall fail to keep or perform any of its obligations as provided in this Lease and Agreement in respect Exhi bi t B - 21~- r I of (a) maintenance of insurance; (b) repairs and maintenance of the Project; (c) compliance with legal or insurance requirements; (d) keeping the Project lien-free~ or in the making of any other payment or performance of any other obligation, then Lessor may (but shall not be obligated so to do) upon the continuance of such failure on Lessee's part for sixty (60) days after written notice to Lessee, and without waiving or releasing Lessee from any obligation, as an additional but not exclusive remedy, make any such payment or perform any such obligation, and all sums so paid by Lessor and all necessary incidental costs and expenses incurred by Lessor in performing such obligation ~hall be deemed Additional Rent and shall be paid to Lessor on demand, or at Lessor's option, may be added to any installment of Basic Rent thereafter falling due, and if not so paid by Lessee, Lessor shall have the same rights and remedies as in the case of default by Lessee in the payment of Basic Rent. Lessee shall permit Lessor~ any holder or holders of One Hundred Thousand Dollars ($100,000) or more principal amount of the Bonds, and the Trustee or any of them by their respective authorized representatives to enter the Project during usual business hours for purposes of such inspections as they shall reasonably deem necessary for the protection of their interests hereunder. Lessee shall permit Lessor or its authorized representa- tive to enter the Project at any time for the performance of any work therein made necessary by reason of Lessee's default under any of the provisions of this Lease. This Lease is entered into under and pursuant to the provisions of the aforesaid Legislative Bill No. 159 of the 72nd Session of the Nebraska Legislature approved and effective March 14, 1961, as amended by Legislative Bill 142 of the 73rd Session of the Exhibi t B -25- , I Legislature of. Nebraska, appnoved.MaDch 4,. 19~1 and no provision hereof shall be construed so as to give rise to a pecuniary liability of Lessor or a charge against its general credit or taxing powers. All obligations of Lessor arising herefrom are limited to the proper application of the proceeds of the sale of the Bonds, the rent, Additional Rent, and any other funds received by it in connection therewith. ARTICLE XI Default and Termination If anyone or more of the following events of default shall happen: (a) If default shall be made by Lessee in the due and punctual payment of any rental for more than thirty (30) days after its due date or in its keeping or performance of any of its covenants or obligations herein contained for more than sixty (60) days after written notice from the Lessor of such failure to keep or perform; or (b) (l) If Lessee shall file a voluntary petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file any petition or answer seeking any reorganization, compo- sition, readjustment~ liquidation or similar relief for itself under any present or future statute, law or regulabion, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Lessee or of all or any substantial part of its properties or of the Project or any part thereof or shall make any general assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts generally as they come due; or (2) If a petition shall be filed against Lessee seeking an adjUdication of bankruptcy, reorganization" composition, read- justment, liquidation or similar relief under any present or future Exhibi t B ...26- I statute, law or regulation, and shall remain undismissed or unstayed for an aggregate of ninety (90) days (whether or not consecutive), or if any trustee, receiver or liquidator of Lessee, or of all of any substantial part of its properties or of the Project or any part thereof shall be appointed without the consent or acquiescence of Lessee and such appointment shall remain unvacated or unstayed for an aggregate of ninety (90) days (whether or not consecutive): then Lessor may, at Lessor's election (but, until the Bonds and in- terest thereon are fully paid, only with the written consent of the Trustee) then or at any time thereafter, and while such event of de- fault shall continue, give Lessee written notice of intention to terminate this Lease and Agreement and the term herein provided for on a date specified therein, which date shall not be earlier than ten (10) days after such notice is given, and, if all defaults have not then been cured on the date so specified, Lessee's rights to possession of the Project shall cease and the term, and this Lease and Agreement, shall thereupon be terminated, and Lessor may re-enter and take possession of the Project as of Lessor's former estate; and as an alternative remedy, Lessor may, without terminating the term, or this Lease and Agreement, re-enter as above provided or take possamion pursuant to legal proceeding or pursuant to any notice provided for by law, and shall use reasonable diligence to relet the Project, or parts thereof, for such term or terms (but not beyond the term hereunder in~hich such default occurred) and at such reasonable rental or rentals and upon such other terms and conditions as Lessor may deem advisable, with the right to make alterations and repairs to the Project and no such re-entry or taking of possession of the Project by Lessor shall be construed as an election on Lessorfs part to terminate this Lease and Agreement unless the termination thereof be decreed by a court of competent jurisdiction, and no such reposses- sion by Lessor shall relieve Lessee of its obligations to pay Basic Rent and Additional Rent, or of any of its other obligations under this Lease and Agreement, all of which shall survive such repossession, Exhibi t B ~27- , I and Lessee shall continue to pay the Basic Rent and all Additional Rent provided for in this 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 de- duction of all Lessor's expenses in or in connection with such re- letting, including without limitation all repossession costs, broker- age commissions, legal expenses, attorneys' fees, expenses of em- ployees, alteration costs, and expenses of preparation for reletting, Having elected to re-enter or take possession of the Project without terminating this Lease and Agreement or the term herein provided for, Lessor may (but, until the Bonds and interest thereon are fully paid, only with the written consent of the Trustee) by notice to Lessee g~ven at any time thereafter while Lessee is in default in the pay- ment of Basic Rent or Additional Rent or in the performance of any other obligation under this Lease and Agreement, elect to terminate this Lease and Agreement, and the term then in effect, on a date to be specified in such notice, which date shall be not earlier than ten (10) days after the giving of such notice, and if all defaults shall not have then been cured, on the date so specified, the term, and this Lease and Agreement, shall thereupon be terminated. If, in accordance with any of the foregoing provisions of this Article, Lessor shall have the right to elect to re-enter and take possession of the Project, Lessor may enter and expel Lessee and those claiming through or under Lessee and remove the property and effects of both or either (forcibly if necessary) without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrears of rent or preceding breach of covenant. ART ICLE XII Cumulative Remedies - Waiver - Severability Lessor and Lessee and'the Trustee shall each be entitled to specific performance and injunctive or other equitable relief for any breach or threatened breach of any of the provisions of this Lease and Agreement, notwithstanding availability of an adequate Exhi bi t B - 2t,~ / r I remedy at law, and each ~arty hereby waives the right to raise such defense in any proceeding in equity. Further, the specific remedies provided for in this Lease and Agreement are cumulative and not ex- clusive of any other remedy. A waiver by either party hereto of any breach of any covenant, condition or agreement herein by the other shall not operate or be construed as a waiver of any subsequent breach by such other party or relieve such other party of its obligations under the terms hereof and no acceptance of rent with knowledge of any default shall be deemed a waiver of such default. It is further agreed that if anyone or more of the covenants, agreements or provisions of this Lease and Agreement shall be held contrary to any express provision of law or contrary to the policy of express law though not expressly prohib~ted, or against public policy, or shall for any reason whatsoever be held invalid by any court of competent jurisdiction, then such covenants, agree- ments or provisions shall be null and void and shall be deemed sepa- rate from the remaining covenants, agreements and provisions of the Lease and Agreement and shall in no way affect the validity of the remaining provisions hereof. ARTICLE XIII Obligations of Lessor This Lease and Agreement is entered into under and pursuant to the provisions of the Act and no provision hereof shall be con- strued so as to give rise to a pecuniary liability of Lessor or a charge against its general credit or taxing powers. All obligations of Lessor arising herefrom are limited to the proper application of the proceeds of the sale of the Bonds, the rent, and the other funds received by it in connection herewith. ARTICLE XIV Net Lease; Assignment by Lessor; Default by Lessor; Reduction in Bastc Rent; Overdue Rent This Lease and Agreement shall be deemed and construed to Exhibi t B-29- r I be a "net lease" and the Lessee hereby agrees that the Basic Rent provided for hereunder shall be an absolute net return to the Lessor free from any expenses and charges with respect to the Project or the income therefrom. Except as in this Lease and Agreement expressly provided, this Lease and Agreement shall not terminate or be affected in any manner by reason of the condemnation, destruction or damage, in whole or in part, of the Project, by reason of the unuseability of the Project or for any other reason, and except as in this Lease and Agreement expressly provided, the rent reserved in this Lease and Agreement, as well as all other charges payable hereunder shall be paid by the Lessee in accordance with the terms, covenants and con- ditions of this Lease and Agreement without abatement, dimdnution or reduction. All rights of Lessor hereunder are to be assigned, pledged, mortgaged and transferred to the Trustee as security for the Series A Bonds and additional bonds issued under the Mortgage, but subject to Lessee's rights under this Lease and Agreement. The rights of the Trustee or any party or parties on behalf of whom the Trustee is acting (including specifically, but without limitation, the right to receive the rentals to be paid hereunder) shall not be subject to any defense, set off, counterclaim or recoupment whatsoever, whether arising out of any breach of any obligation of Lessor hereunder or by reason of any other indebtedness or liability at any time owing by Lessor to Lessee. The term "Trustee" shall include any successor trustee. The Lessor shall in no event be in default in the perform- ance of any of its obligations hereunder unless and until the Lessor shall have failed to perform such obligations within 60 days or such additional time as is reasonably required to correct any such default after notice by the Lessee to the Lessor properly specifying wherein the Lessor has failed to perform any ouch obligation. The Lessee agrees that so long as any Bonds of the Lessor are outstanding the Lessee shall have no right to terminate this Lease and Agreement or Exhibit B -30- r I reduce or abate its rental payments hereunder as a result of a de- fault by the Lessor. In the event of default by Lessor, Lessor agrees that specific performance may be had and the Lessee shall not be limited to a remedy for damages. No reduction in Basic Rent hereunder shall be made in such a manner so that after such reduction the Trustee will receive as rentals funds which will be inadequate to pay when due the principal and interest on the remaining outstanding Bonds. Any installment of Basic Rent accruing hereunder which shall not be paid when due shall bear interest at the rate of 6% per annum from the date when the same is due hereunder until the same shall be paid. ARTICLE XV Notices All notices, demands and requests which mayor are required to be given by either party to the other or to the Trustee, shall be in writing and each shall be deemed to have been properly given when served personally on an executive officer of the party to whom such notice is to be given, or when sent postage prepaid by regis- tered or certified mail (requesting return receipt) addressed as follows: If intended for the Lessee: Swift & Company Law Department 115 West Jackson Boulevard Chicago 4, Illinois or, if intended for the Lessor: City of Grand Island, Nebraska c/o City Clerk Grand Island, Nebraska or, if intended for the Trustee: First National Bank of Omaha 16th and Farnum streets Omaha, Nebraska Exhibi t B -31- , I Either party or the Trustee may change the address and name of addressee to which subsequent notices are to be sent to it by notice to the others given as aforesaid, but any such notice of change, if sent by mail, shall not be effective until the fifty (5th) day after it is mailed. ARTICLE XVI Construction and Enforcement - Recording This Lease and Agreement shall be construed and enforced in accordance with the laws of Nebraska. Wherever in this Lease and Agreement i~ is provided that either party shall or will make any payment or perform or refrain from performing any act or obligation, each such provision shall, even though not so expressed, be construed as an express covenant to make such payment or to perform or not to perform, as the case may be, such act or obligation. This Lease and Agreement shall inure to the benefit of and shall be binding upon the Lessor, the Lessee, and their respective successors and assigns. This Lease and Agreement and every assignment and modification hereof or in lieu thereof an appropriate and sufficient memorandum thereof shall be recorded in the Office of the Register of Deeds of Hall County, Nebraska" or in such other office as may be at the time provided by law as the proper place for the recordation of a deed conveying the Project. This Lease and Agreement as originally executed, or an appropriate and sufficient memorandum thereof, shall be so recorded prior to the recordation of the Mortgage or of any other mortgage or deed of trust or trust indenture with respect to the Project. IN WITNESS WHEREOF, Lessor being hereunto duly auth- orized by valid and subsisting ordinance duly adopted has caused this Lease to be executed and delivered in its name and on its behalf by the President of the City Council of the City of Grand Island, Nebraska" as ex Qtf1o~o Mayor of said City of Grand Island, and attested by its City Clerk, and Lessee, pursuant to valid and subsisting resolutions of its Board of Directors, has caused this Exhi bi t B_ 32- r I Lease and Agreement to be executed and delivered in its name and behalf by its officers thereunto duly authorized, all as of the day and year first above written. Lessor: CITY OF GRAND ISLAND /I NEBRASKA By President of the City CoUncil and ex-officio Mayor Attest: By City Clerk Lessee: SWIFT & COMPANY By Vice' President" ...,.. Attest: By Secretary Exhibit B -33- , I STATE OF NEBRASKAl 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 Lease and Agreement, 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 Lease and Agreement, did acknowledge that they, in 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 SS COUNTY OF HALL I, the undersigned, being a Notary Public in and for the County and State aforesaid, do hereby certify that , whose name as . Viae President of Swift & Company, a corporation, is signed to the foregoing Lease and Agree- ment, and who is personally known to me and known to be such officer, appeared before me on this day and being fully informed of the con- tents of said Lease and Agreement, did acknowledge that he, in his capacity as such Viae President" did execute the same as his voluntary act and deed and the voluntary act and deed of said corporation, 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 B - 34 -34- I A tract of land comprising certain lots lying in the Southwest quarter of Section 14, Township 11 North, Range 9 West, of the 6th PoM., 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 (SWl/4) of Section Fourteen (14), Township Eleven (11) North, Range Nine (9) West of the 6th P,Mo~ 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); thence running easterly and parallel to the north line of said Southwest quarter (SWl/4) a distance of One Thousand Nine Hundred Thirty- Seven and Five Tenths (1,937.5) feet; thence running Southerly and parallel to the west line of said Southwest Quarter (SWl/4) 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 Company; 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 SWl/4 SWl/4; thence running Northerly along the east line of the SWl/4 SWl/4 a distance of Thirty-Nine and Sixty-Eight Hundredths (39.68) feet to the northeast corner of the SWl/4 SWl/4; thence running Westerly along the north line of the SWl/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 Company; thence running Northwesterly along said R. O.W. a distance of One Thousand Three Hundred Seventy and Fifty-Six Hundredths (1~370.56) feet to a point Thirty- Three (33.0) feet East of the West line of said Southwest Quarter; 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, Nebraska. EXHIBITL & A - A r I BASIC RENT PAYMENTS SCHEDULE OF TIMES AND AMOUNTS OF PAYMENT DATE OF PAYMENT March 15, 1965 September 15, 1965 March 15" 1966 September 15, 1966 March 15, 1967 September 15" 1967 March 15, 1968 September 15, 1968 March 15, 1969 September 15, 1969 March 15, 1970 September 15, 1970 March 15, 1971 September 15, 1971 March 15, 1972 September 15, 1972 March 15, 1973 September 15, 1973 March 15, 1974 September 15, 1974 March 15, 1975 September 15, 1975 March 15, 1976 September 15, 1976 March 15, 1977 September 15" 1977 March 15, 1978 September 15" 1978 March 15, 1979 September 15, 1979 March 15, 1980 September 15, 1980 March 15, 1981 September 15, 1981 March 15, 1982 September 15, 1982 March 15, 1983 September 15~ 1983 March 15, 19d4 September 15~ 1984 March 15, 19d5 September 15, 1985 March 15, 1986 September 15, 1986 March 15, 1987 September 15~ 1987 March 15, 19d8 September 15, 1988 March 15, 1989 AMOUNT $148,112.50 61,518.75 151,518.75 59,831. 25 149,831. 25 58,143.75 151;i43.15 56,362.50 151,362.50 54" 581. 25 154,581.25 52,706.25 157,,706:25 50,737.50 160,737.50 48,675.00 163,,675.00 46,518.75 166,518.75 44,268.75 164,268.75 42,168.75 167,,168.75 39,981. 25 169,981. 25 37,706.25 172,706.25 35,343.75 175,343.75 32,,718.75 177,718.75 30,000.00 180,000.00 27,,187.50 187,187.50 24,187.50 189,187.50 21,093.75 191,093.75 17,906.25 192,906.25 14,625.00 199,625.00 11,156.25 201,156.25 7,593.75 207,593.75 3,843.75 208,843.75 .* * (Moneys, to the extent existing in the Bond Fund, will be applied on a credit against the payment of this amount.) EXHIBIT L & A - B (ATTACH AND IDENTIFY THE CONSTRUCTION CONTRACTS AS REFERRED TO IN PARAGRAPH C OF ARTICLE III.) I I . EXHIBIT L & A - D - ORDINANCE NO. 4141 An Ordinance assessing and levying a special tax to pay the cost of construction of Sanitary Sewer District No. 349 of the City of Grand Island, Nebraska; fixing a rate per linear (front) foot for connections thereto; . I providing for the collection of such special tax or connection charge; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances, in conflict therewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said sanitary sewer in said Sanitary Sewer District No. 349, as adjudged by the Council of said City, sitting as a Board of Equalization, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: I Name Lot Addition Amount Bernard B. & Sadie V. Buhrman 1 Buhrmans Sub. $161. 25 Bernard B. & Sadie V. Buhrman 2 " 160.00 Bernard B. & Sadie V. Buhrman 3 " 160.00 Bernard B. & Sadie V. Buhrman 4 " 160.00 Bernard B. & Sadie V. Buhrman 5 " 160.00 Bernard B. & Sadie V. Buhrman 6 " 160.00 Bernard B. & Sadie V. Buhrman 7 " 160.00 Bernard B. & Sadie V. Buhrman 8 " 160.00 Bernard B. & Sadie V. Buhrman 9 " 160.00 Bernard B. & Sadie V. Buhrman 10 " 160.00 Roland F. & Bobbie Dietrich 11 " 250.00 Donald D. & Hattie B. Engle 12 " 150.00 Donald D. & Hattie B. Engle S 20' IJ " 50.00 Bernard B. & Sadie V. Buhrman N 40' 13 " 100.00 Bernard B. & Sadie V. Buhrman 14 " 150.00 Bernard B. & Sadie V. Buhrman 15 " 150.00 Bernard B. & Sadie V. Buhrman 16 " 150.00 Bernard B. & Sadie V. Buhrman 17 " 150.00 Bernard B. & Sadie V. Buhrman 18 " 150.00 Bernard B. & Sadie V. Buhrman 19 " 150.00 Bernard B. & Sadie V. Buhrman 20 " 151. 25 I . SECTION 2. The special tax shall become delinquent as follows: One- fifth of the total amount shall become delinquent in fifty days; one-fifth in one year; one-fifth in two years; one-fifth in three years; and one-fifth in four years, respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract, or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each '. ORDINANCE NO. 4141 of said installments, except the first, shall draw interest at the rate of six per cent per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at . I the rate of nine per cent per annum shall be paid thereon, until the same is collected and paid. SECTION 3. The City Clerk of the City of Grand Island, Nebraska, is hereby directed to forthwith certify to the City Treasurer of said City the amount of said taxes herein set forth together with instructions to collect same as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Sewer and Water Extension Fund". SECTION 5. In addition to all other costs payable pursuant to Sec. 29-6 of the Grand Island City Code, there shall be collected in advance the sum of $2.50 per linear (front) foot of property located within the boundaries of the City of Grand Island abutting upon such sanitary sewer in such Sanitary Sewer District No. 349 for connections thereto, not assessed in Section One (1) of this Ordinance. I SECTION 6. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. Enacted this 29th', day of June, 194~~~_ Attest: ~~~A S~ ~&ity Clerk I . ORDINANCE NO. 4142 An Ordinance assessing and levying a special tax to pay the cost of construction of Water Main District No. 238 of the City of Grand Island, Nebraska; fixing a rate per linear (front) foot for connections thereto; . I providing for the collection of such special tax or connection charge; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances, in conflict therewith. MAYOR AND BE IT ORDAINED BY THEt COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said water main in said Water Main District No. 238, as adjudged by the Council of said City, to the extent of benefits thereto by reason of such improvement, after due notice haying been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: I Name Lot Addition Amount Roland F. & Bobbie J. Dietrich 11 Buhrmans Sub. $250.00 Donald D. & Hattie B. Engle 12 " 150.00 Donald D. & Hattie B. Engle S 20' of 13 " 50.00 Bernard B. & Sadie V. Buhrman N 40. of 13 " 100.00 Bernard B. & Sadie V. Buhrman 14 " 150.00 Bernard B. & Sadie V. Buhrman 15 " 150.00 Bernard B. & Sadie V. Buhrman 16 " 150.00 Bernard B. & Sadie V. Buhrman 17 " 150.00 Bernard B. & Sadie V. .Rthrman 18 " 150.00 Bernard B. & Sadie V. Buhrman 19 " 150.00 Bernard B. & Sadie V. Buhrman 20 " 151.25 SECTION 2. The special tax shall become delinquent as follows: One-fifth of the total amount shall become delinquent in fifty days; one- fifth in one year; one-fifth in two years; one-fifth in three years; and one-fifth in four years, respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract, or parcel of land may be paid within fifty days from the date of this levy I . without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of six per cent per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of nine per cent per annum shall be paid thereon, until the same is collected and paid. (Cont'd) ORDINANCE NO. 4142 SECTION 3. The City Clerk of the City of Grand Island, Nebraska, is hereby directed to forthwith certify to the City Treasurer of said City the amount of said taxes herein set forth together with instructions . I to collect same as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the ltSewer and Water Extension Fund". SECTION 5. In addition to all other costs Plfable pursuant to Chapter 35 of the Grand Island City Code, there shall be collected in advance the sum of $2.50 per linear (front) foot of property located within the boundaries of the City of Grand Island abutting upon such water main in such Water Main District No. 238 for connection thereto, not assessed in Section One (1) of this Ordinance. SECTION 6. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. SECTION 7. 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 Isand Daily Independent. Enacted this _f-.c(j1A4 day O#~"d964 If ATTEST: ~ _ 5~s//~ City Clerk I . ORDINANCE NO. 4143 An Ordinnce vacating a certain part of Waugh Street in/the City of Grand Island, Nebraska, as now platted, consisting of a strip or parcel of land twenty (20) feet wide and one hundred thirty-two (132) feet long, more , I particularly described as follows: Beginning at the southwest corner of Lot Fourteen (14), Block Eight (8), in Scarff's Addition to West Lawn, in the City of Grand Island, Nebraska; thence running east on the south line of said lot for a distance of one hundred thirty-two (132) feet to the south- east corner of said lot; thence running south on a southerly prolongation of the east line of said lot for a distance of twenty (20) feet; thence running west parallel to the south line of said lot for a distance of one hundred thirty- two (132) feet; thence running north on a southerly prolongation of the west line of said lot for a distance of twenty (20) feet, to the point of beginning. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That it is to the best interest of the City of Grand Island that the portion of street hereinafter described be vacated as a public street. SECTION 2. That that part of Waugh Street in the City of Grand Island, Hall County, Nebraska, according to the plat thereof, consisting of a tract I of land twenty (20) feet in width and one hundred thirty-two (132) feet in length formerly a part of Waugh Street, more particularly described as follows: Beginning at the southwest corner of Lot Fourteen (14), Block Eight (8), in Scarff's Addition to West Lawn in the City of Grand Island, Nebraska; thence running east on the south line of said lot for a distance of one hundred thirty-two (132) feet to the southeast corner of said lot; thence running south on a southerly prolongation of the east line of said lot for a distance of twenty (20) feet; thence running west parallel to the south line of said lot for a distance of one hundred thirty-two (132) \ feet; thence running north on a southerly prolongation of the west line of said lot for a distance of twenty (20) feet, to the point of beginn,~ng, \ \ be, and the same is, hereby vacated, Provided, that the City retains and reserves \. all rights therein under Section 16-611, R.R. S. Neb. 1943. SECTION 3. That 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. I . Enacted this lOi::,h day of A\lgl!~t 19~9~ ___ ___ President Of~ and ex officio Mayor AT~T::;/~ & Ci tY Clerk CD 4144 Ordinance No. An ordinance levying taxes in the City of Grand . I Island, Nebraska, for the fiscal year commencing on the 1st day of August, 1964, and ending on the 31st day of July, 1965; and, providing for the collection thereof. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION I. 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 I by the several statutes, for the fiscal year commencing on the first day of August, 1964, and ending on the thirty-first day of July, 1965, and the same shall be collected in the manner provided by law. SECTION II. That there is hereby levied and im- posed 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 Nebrasl<::a, Reissue of 1962, upon failure to labor or commute as therein required. SECTION III. That there is hereby levied and im- posed 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, I . is sane, and is not a public charge, as a poor person or recipient of blind assistance, and who is not other- wise exempted by law, a sum equal to one-thi.rd of the three and one half dollars head tax imposed by Sec. 77-1611, Revised Statute Supplement of Nebraska 1961. Ordinance No. 4144 Cant. . I SECTION IV. The City Clerk in the Ci.ty 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 V. 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 VI. This Ordi.nance 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 27th day of July, 196L~. Signed this 27th day of July, 1964. I ~ President of the Council and ex officio Mayor ATTEST: tl City Clerk ..... I . 1\ C~ ORDINANCE NO. 4145 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 several departments of such City, the all-purpose and exclusive annual levy . I of twenty mills as levied for the ensuing fiscal year commencing on the first day of August, 1964, and ending on the thirty-first day of July, 1965. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the total sum of $116,814.00 is hereby appropriated for the ensuing fiscal year for the General Fund as follows: (a) Administrative To pay the salaries of the President of the Council, of four Councilmen, City Manager, Administrative Assistant, Clerk, Treasurer, Attorneys, Office Assistants, and office supplies and services. $110,020.00 (b) Engineering Division To pay the salaries of Engineer, Assistant Engineer, other assistants, office supplies, equipment and operating expenses. $63,820.00 I (c) Building Inspectors Division To pay the salaries for the Building Inspector, Deputy Inspector and office clerk, office supplies, equipment and other operating expenses. $23,525.00 (d) Storm, Sanitary Sewer and Lift Station Maintenance "A". To pay the salaries of foreman, laborers, and for the maintenance and repair of Storm and Sanitary Sewers, Lift Stations and other services incidental thereto. $27,225.00 (e) Health Department To pay salaries of physician, assistants, office supplies and operating expenses. $40,276.00 (f) Incidentals and Miscellaneous I . 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. $29,057.00 (g) City Hall Maintenance To pay salaries of custodian, extra helpers, supplies, repairs, alterations and maintenance. $32,680.00 - 1 - ORDINANCE NO. 4145 (Cantlcl.) (h) Civil Service To pay the salaries for secretary and stenographer and for office supplies and operating equipment. $1,010.00 . I (i) Planning Commission To pay for the cost of office equipment and supplies and for clerical assistance. $1,000.00 That the estimated receipts in the sum of $211,799.00 from the building inspection fee; Health Department fees for food, trailer camps, and other inspections; amount received from Light Department in lieu o~ 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. SECTION 2. That the total sum of $100,515.00 being the unexpended balance in said Bond and Interest Fund is hereby reappropriated for the ensuing fiscal year. I That the sum of $15,000.00 is hereby appropriated for the ensuing fiscal year for the Bond and Interest Fund for the purpose of making Bond principal and Interest payments. SECTION 3. That the sum of $63,739.00 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, purchase of tools, materials, supplies and equipment, rentals, snow removal, street lighting, and other expenses incidental thereto. That the sum of $13,466.00 being the unexpended balance in said Street, Alley and Paving Fund, is hereby reappropriated for the ensuing fiscal year. Included in the estimated receipts in the sum of $134,945.00 is a sum I . of $800.00 for the Contract service and sale of scrap material, weed cutting, and from fees collected for paving cuts 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 $65,092.56 and the sum of $60,287.60 from Motor Vehicle Registration Fees are hereby - 2 - ORJJINANGE NO. 4145 (Gont'd) 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. . I SECTION 4. That the estimated receipts in the sum of $53,000.00 from the collection and disposal of garbage and fees collected at the City Dump for dump purposes are hereby appropriated for the ensuing fiscal year, for the use and benefit of the Sanitation Fund, "B", to pay salaries and wages, and for the cost of repairs, equipment, supplies and service, and to maintain reserve for depreciation of equipment. That the sum of $16,580.00 is hereby appropriated for the Sanitation Department and for the operation of the City Dump for the use and benefit of the Sanitation Fund to pay salaries and wages, and for the cost of repairs, equipment, supplies and services and to maintain reserve for depreciation of equipment. That the sum of $7,410.00 being the unexpended balance in said Sanitation Fund is hereby reappropriated for the ensuing fiscal year. I SECTION 5. That the sum of $78,844.57 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 estimated receipts in the sum of $15,000.00 from the operation of the Municipal Swimming Pool and other Concession Stands, are hereby appropriated for the ensuing fiscal year for the use and benefit of said Park Fund. That the sum of $17,355.43, being the unexpended balance in ~aid Park Fund, is hereby reappropriated for the ensuing fiscal year. SECTION 6. That the sum of $159,552.00 is hereby appropriated for the I . Police Fund for the purpose of paying salaries and wages of officers, police- men, meter maids, police judge, cost of equipment repairs and operations, parking meter service and repairs, feeding prisoners, and maintaining and providing traffic control devices. That the estimated receipts in the sum of $60,638.00 from curb parking meters, licenses, permits, and registration fees, court and office fees, - 3 - ORDINANCE NO. 4145 (Con't) are hereby appropriated for the ensuing fiscal year for the use and benefit of the Police Fund. That the sum of $J,500.00, being the unexpended balance in said . I Police Fund, is hereby reappropriated for the ensuing fiscal year. SECTION 7. That the sum of $755.00 is hereby appropriated to be placed in a fund to be known as New Sanitary Sewer System and Lift Stations Fund, "C". Said amount to be used exclusively for the construction of new sanitary sewer lines and lift stations. That the sum of $26,245.00, being the unexpended balance in said New Sanitary Sewer System and Lift Stations Fund, "C", is hereby reappropriated for the ensuing fiscal year. SECTION 8. That the sum of $22,411.00 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 estimated receipts in the sum of $10,583.00 from the sale of I lots, opening graves and other charges at the cemetery, are hereby appropriated for the ensuing fiscal year for the use and benefit of said Cemetery Fund. That the sum of $5,261.00, being the unexpended balance in said Cemetery Fund is hereby reappropriated for the ensuing fiscal year. SECTION 9. That the sum of $233,528.00 is hereby appropriated for the Fire Fund for the purpose of paying salaries and wages of officers, firemen and extra employee, operating expenses, repairs, supplies and service, and new equipment and accessories. That the estimated receipts in the sum of $12,000.00 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 said Fire Fund. I . That the sum of $7,483.00, being the unexpended balance in said Fire Fund, is hereby reappropriated for the ensuing fiscal year. SECTION 10. That the sum of $5?,,847.00 is hereby appropriated for the New Storm Sewer Construction Fund "D" for the purpose of paying expenses for construction of new storm sewer lines and appurtenances thereto. - 4 - ORDINANCE No.4145 (Cont'd) . That the unexpended balance in the New Storm Sewer Construction Fund "D" in the sum of $44,288.00 is hereby reappropriated for the ensuing fiscal year to pay for the construction of new storm sewer systems. That the estimated receipts in the sum of $4,865.00 for interest on securities is hereby appropriated for the ensuing fiscal year for the use and benefit of the New Storm Sewer Construction Fund. SECTION 11. That the sum of $43,847.00 is hereby appropriated for the Library Fund for the purpose of paying expenses of the Library Board in the operation of the City Library, including salaries, wages, repairs, service, books and periodicals, and other incidental expenses for the ensuing fiscal year. That the estimated receipts in the sum of $2,018.00 for miscellaneous receipts is hereby appropriated for the ensuing fiscal year for the use and benefit of the Library Fund. SECTION lZ. That the sum of $39,019.00 is hereby appropriated for the Firemen's Pension Fund for the purpose of paying pensions to retired firemen and firemen's widows. SECTION 13. That the sum of $6,300.00 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 SECTION 14. That the sum of $812.00 is hereby appropriated for the Civil Defense Fund to pay for supplies and equipment incidental to Civil Defense. That the sum of $188.00, being the unexpended balance in said Civil Defense Fund, is hereby reappropriated for the ensuing fiscal year. SECTION 15. That the sum of $35,800.00 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 Survivors Insurance for the ensuing fiscal year. That the sum of $39,000.00, 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. That the sum of $5,000.00, being the unexpended balance in said Social Security Fund is hereby reappropriated for the ensuing fiscal year. . - 5 - ORDINANCE NO. 4145 (Cont'd) SECTION 21. That the sum of $2,679.00, being the unexpended balance in the Sewer Plnt Fund (old) "E", is hereby reappropriated for the ensuing fiscal year. . I That the sum of $78,003.00 is hereby apprqriated for the Sewer Plant Fund (old) "E" for the purpose of paying salaries and wages and for the operation and maintenance of the Sewer Plant. That the estimated receipts in the sum of $1500.00 for the operation of such Sewer Plant Fund (old) "E" is hereby appropriated for the use and benefit of the Sewer Plant. SECTION 22. That the sum of $85,000.00, being the estimated receipts from Sewer Use Fees, be placed in a fund known as the New Sewer System Construction Account (F) for the use o~ constructing a New Sewer Plant and sewer lines, are hereby appropriated for the ensuing fiscal year for the benefit of said fund. That the sum of $84,240.00, being the unexpended balance in the New Sewer System Construction Account "F", be reappropriated for the ensuing I fiscal year for the benefit of such account. SECTION 23. That the sum of $750.00, being the unexpended balance in the Airport "T" Hangar Account, be reappropriated for the ensuing fiscal year for the 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 $4,416.00 received as rental payments for "T" Hangars be appropriated for the ensuing fiscal year to assist in paying off the Airport "Tit Hangar Loan account. SECTION 24. That the sum of $15,106.25, being the unexpended balance in the Airport Project (Fire Station) No. 9-25-051- 05, be reappropriated for the ensuing fiscal year, as the City's portion for the construction of the new Airport Fire Station. I . SECTION 25. That the revenues received from the operation of the Water and Light Department of the City of Grand Island, are hereby appropriated for the purpose of paying the expenses of the operation of said departments, including salaries and all incidental expenses in connection with the operation, maintenance, repair and enlargement of said department plants. - 7 - ORDINANCE NO. 4145 (Cont'd) This ordinance shall be in force and take effect from and after its passage, approval and publication as provided by law. . I Enacted this 27th day of July, 196~ Presiden of the Council and ex officio Mayor ATTEST: -0 '<;. 1" /{j' ~ {//' Ci ty Clerk I I . - 8 - . I I I . Ordinance No. 4lL!.6 An ordinance: Amending Ordinance No. 4016, as amended by Ordi- nances numbered 4045 and 4056; fixing the ranges of compensation (salaries and wages) of officers and employees of the Utility Depart- ments of the City of Grand Island; fixing the date such ranges of compensation shall become effective; providing for publication of this ordinance in pamphlet form; and, repealing of parts and pro- visions of such ordinances numbered 4016, 4045, and 4056 in conflict herewith. 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 1 of Ordinance No. 4045 and Section 1 of Ordinance No. 4056, 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 and pro- vide as follows: "SECTION 1. That the officers and employees of the Utility Depart- ments of the City of Grand Island, Nebraska, be organized and classified as hereinafter provided; and that their salaries and the hours such officers and employees shall work per week be as follows: 1. Department of Utilities Administration Commissioner of Public Utilities Assistant to Commissioner of Public Utilities WORK WEEK SALARY No Limit $ 15,400 Per Yr No Limit $ 700 Per Mo 2. ENGINEERING AND MAINTENANCE DIVISION 1. Chief Engineer 2. Superintendent 3. Electrician 4. Electricians Helper 5. Mechanics 6. Draftsman No Limit $ 10,000 Per Yr, 40 Hrs. 625 Per MOl 40 Hrs. 485.00 II " 40 Hrs.. 445-460.00 " II 40 Hrs. 415.50 " " 40 Hrs. 345-360.00 " II 3. POWER PLANT DIVISION Superintendent of Production Assistant Supt. of Production No Limit No Limit 607-682.00 Per Mol 581-655.00 " " - 1 - . I I I . Ordinance No. Pine Street Station 1. Operators - Regular 2. Firemen - Regular 3. Plant Mechanics 4. Boiler Maint. & Feed Water 5. Helpers - Regular 6. Helpers - Temporary C.W. Burdick Station 1. Operators - Regular 2. Operators - Apprentice 3. Helpers - Regular 4. Helpers - Temporary 5. Janitor 4. ELECTRIC DISTRIBUTION DIVISION 1. Line Section a. Superintendent b. Line Foreman c. Crew Supervisors d. Apprentice Lineman:- o through 6 months 7 through 12 months 13 through 18 months e. 3rd 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 h. Groundman & Truck Driver i. Groundman j. Helpers k. Helpers - Temporary 2. Electric Meter and Service Section a. Foreman & Meter Supervisor b. Linemen - Servicemen 5. WATER DIVISION 1. Foreman 2. Service & Meter Repairmen 3. Servicemen 4. Helpers 5. Helpers - Temporary 6. ADMINISTRATIVE DIVISION 4146 (Cont1d) WORK WEEK 40 Hrs. 40 Hrs. 40 Hrs. 40 Hrs. 40 Hrs. 40 Hrs. 40 Hrs. 40 Hrs. 40 Hrs. 40 Hrs. 40 Hrs. 40 Hrs. 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 Hrs. 40 Hrs. 40 Hrs.. 40 Hrs. 40 Hrs. 40 Hrs. 40 Hrs. 40 Hrs. 40 Hrs. I. Office Administrator 40 Hrs. 2. Chief Accountant 40 Hrs. 3. Staff Accountants:- a. In charge of Accts Payable Etc. 40 Hrs. b. Supervisor of Stores & Purchasing40 Hrs. c. Storeroom Clerk 40 Hrs. 4. C~ief C1erks:- a. Head Cashier 40 Hrs. b. Payroll Clerk 40 Hrs. c. Recap Clerk 40 Hrs. d. Typist Cashier Accountant (Combined) 40 Hrs. - 2 - SALARY 462.00 436.00 488.00 488.00 307-362.00 250.00 Per Mo " " u " " " " If .. " 462.00 334.50-462.00 307.00-362.00 250.00 350.00 " If " " " " " .. " " 616 .84 Per Mo 540.00 " " 507.24 " If 357.86 " " 370.34 fl If 382.82" ff 395.32 " ff 407.86 fl " 420.34 " " 432.84 " " 486.82 " " 358.32 ff ff 350.00 ff II 312.40 ff ff 250-270.00 " ff 539.00 If " 507.24 " " 539.20 Per Mo 379.00 " " 352.00 ff If 312.50 " " 250-260.00 ff If 370-520.50 " " 315-416.50 ff ff 315-385.00 " If 441.50 " ff 431.50 " ff 224-299.00 " It 224-299.00 " fl 224-299.00 fl n 224-299.00 " ff Ordinance No. 4146 (cont'd) 5. General Clerks:- a. Billing Clerks 40 Hrs. 210-287.50 Per Mo b. Machine Operators 40 Hrs. 210-287.50 Per Mo c. Cashiers 40 Hrs. 210-287.50 Per Mo . 6. Meter Reading Supervisor 40 Hrs. 363.00 " " 7. Meter Readers 40 Hrs. 300-353.00 " " 8. Switchboard & Receptionist 40 Hrs. 190-264.00 If tI I 9. Helpers 40 Hrs. 180-245.00 " " SECTION 2. That Section 1 of Ordinance No. 4016 and Sections 1 and 2 of Ordinance No. 4045 and Section 1 of Ordinance No. 4056, and all other ordinances and parts of ordinances in conflict herewith be, and the same hereby are, repealed on the final passage of this ordi- nance. SECTION 3. That this ordinance shall take effect retroactively, commencing July 1, 1964. 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. I Enacted this /0 day of ~~--? , 1964. ~9~ Preside t of the Council Attest: -!)2f~ "- City Clerk t I . - 3 - ORDINANCE NO. 4147 An Ordinance fixing the complement, ranges of compensation of certain classifications of officers and employees of the City of Grand Island, Nebraska; fixing the date such ranges of compensation shall become . !I effective; fixing the hours of work time certain officers and employees shall work each week; providing for vacation, special leave, sick leave and sick benefits; authorizing compensation for overtime labor and a ',< uniform method of calculating such overtime; providing for quarterly payments to policemen, Airport area policemen - firemen, meter maids, and City firemen, for clothing allowance; providing for publication of this Ordinance in pamphlet form; and repealing Ordinances No. 4037, 4046, 4091, and 4123, and all other ordinances and parts of ordinances in conflict herewith, except ordinances pertaining to the Utilities Departments of such City. BE IT ORDAINED BY THE MAYOR AND CIT COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA.: SECTION I. That the complement, and the ranges of compensation I (salary and wages) which certain classifications of officers and employees of the City of Grand Island, Nebraska, may receive, and the number of hours which certain such officers and employees shall work each week are as follows: - - - - - - - - - - - - - - - - - - - - - - - I . - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1 - . I I I . DEPARTMENT OF PUBLIC WORKS A. ADMINISTRATIVE (a). Office of the City 1. Senior Clerk 2. Junior Clerk (b). Office of the City Clerk-Under 1. Senior Clerk 2. Junior Clerk 3. Stenographer (part-time) (c). Office of City Attorney 1. o,i t_y Attorney (~15.00 per hr. in excess 2. Assistant City Attorney 3. Law Clerk 4. Stenographer 5. Stenographer (d). Office of the Manager 1. Administrative Assistant 2. Stenographer 3. Stenographer 4. City Nanager (e). Civil Service 1. Secretary (part-time) 2. Stenographer (part-time) B. ENGINEERING DIVISION 1. City Engineer & Street Commissioner C. SURVEY, PLANS & DESIGNS DIVISION 1. Chief Draftsman 2. Draftsman Inspector 3. Surveyor's Instrument-man 4. Surveyor Helper 5. Clerk Inspector 6. Assessing Draftsman 7. Stenographer 8. Overtime & Part-time Draftsman 9. Overtime & Part-time Inspector D. STREET, ALLEY & PAVING DIVISION 1. Street Superintendent 2. General Foreman 3. Assistant Foreman 4. Heavy Equipment Operators 5. LaborersTSemi-Skilled 6. Laborers, Regular 7. Overtime & extra help E. CITY SHOP GARAGE DIVISION 1. Mechanic Foreman 2. Mechanic 3. Garage Clerk F. CITY HALL MAINTENANCE DIVISION 1. Custodian (Quarters & utilities allowed) 1 2. Custodian Assistant 1 G. BUILDING PEENITS & nrSPECTION DIVISION 1. Chief Building Inspector 1 40 brs. 450/600 2. Deputy Inspector 2 40 hI'S. 300/400 3. Coordinator 1 hO hI'S. 275/3lj.0 4. Overtime (Saturday A.M.) 900 per H. srr'ORM, SANITAHY SEWER & LIF'T STATION MAINTENANCE itA" 1. General Foreman 1 40 hI'S. 275/375 per mo. 2. Operators 2 40 hI'S. 225/315 per mo. I. CITY PARKS 3. Overtime & extra Help 2500 per yr. (a). Parks & Grounds Division 1. Park Superintendent 1 2. Foreman 1 3. Laborers, Semi-skilled 5 4. Laborers, Seasonal part-time (6 mos-May I-Nov.l) 20 5. Park Watchman (3 mos.- 13 weeks) ($1,250. per yr. 3 ORDINANCE NO. 41 47 (Cont'd) Comple- Work. ment Week Salary Treasurer-Under Separate Ordinance 1 40 hrs. 200/325 per mo. 1 40 brs. 200/325 per mo. Separate Ordinance 1 40 hI'S. 200/325 per mo. 1 40 hI'S. 200/325 per mo. 1 20 hI'S. 100/115 per mo. 1 83.35 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5 7 6 1 2 1 - 2 - (minimum) 833.3h/per mo,. hours per mo. ) . 300/416.68 per mo. 40 hI'S. 720.00 per season 40 brs. 200/350 per mo. 40 brs. 200/325 per mo. 1 1 1 1 40 hrs. 40 hI's. 1 1 1 40 40 40 40 40 40 40 hI'S. hI'S. hI'S. hrs. hrs. hI'S. hrs. 40 brs. 40 brs. 40 brs. 40 hI'S. 40 hrs. 40 hI'S. 450/600 per mo. 200/325 per mo. 200/325 per mo. 18,000 per year 37.50 per mo. 12.50 per mo. 600/900 per mo. 450/550 375/L,.65 300/ 3L~0 225/285 250/285 250/32.5 200/3.25 per per per per per per per mo. mo. mo. mo. mo. mo. mo. 2,000 per year 4,000 per year 500 per mo. 300/400 per mo. 300/395 per mo. 300/350 per mo. 275/330 per mo. 250/295 per mo. 6,000 per year L~O hI's. 300/360 per 40 hrs. 290/31..!5 per 40 hI'S. 225/300 per 43 hI's. mo. mo. mo. 290 per mo. 1500 per year per mo. per mo. per mo. year L~O 40 40 350/475 per hI'S. 300/3~.5 per hI'S. 275/315 per mo. mo. mo. brs. 1.00/1.35 per hr. .90 per hr. . I I I . ORDINANCE NO. 4147 J. (b). Municipal Swimming Pool Division 1. Manager (Seasonal) 1 2. Assistant Manager (Seasonal)l 3. Bath House Matrons 2 4. Head Life-Guard 1 5. Lifeguards 8 6. Swimming Instructors (For qualified pool personnel in addition to monthly salary 1 7. Extra help to open & close pool (c). Recreation Division 1. Summer Director of Rec. 2. General Playground Super- visor Park Supervisors Little League Supervisors Little Bigger League Supervisors 6. Little Bigger League Supervisor 1 Minor League Supervisors 12 Softball Director 1 Assistant Softball Direcmr 1 Extra Labor (500 hrs. @.90 per hour) (d). Ryder Park Division 1. Cleaning stands & field (1500 brs. @ 1.00 per hr.) (e). Municipal Band Division 1. Salaries for Director & Ivrusicians POLICE DIVISION 1. Chief 1 2. Captains 5 3. Lieutenants (Iden. officers) 2 4. Sergeants (3 desk, 1 traillc) 4 5. Patrolman 22 6. Meter Maids 3 7. Animal Warden 1 8. Meter Maintenance 1 9. Matron Service ($2.00 per call) FIRE DIVISION (Effective through 1. Chief 2. Assistant Chiefs 3. Captains 4. Drivers 5. Ambulance Helpers 6. Ri. reman 7. Vacation Men (Ii mos.) 8. Fire Alarm Dispatchers 9. Drill Instructor (For qualified persorulel in addition to salary) Holiday Pay in effect after January Chief Assistant Chiefs Captains Fireman Radio Dispatchers Holiday Pay Drill Instructor (For qualified personnel in addition to salary) CEMETERY DIVISION 1. Sexton (Quarters & Utilities furnished) 1 Semi-Skilled Laborers 1 Laborers 3 Laborers, Seasonal (6 Mos.) ($11,400 per season) 8 1 3. u.. S. 1 7 2 1 7. 8. 9. 10. K. December 1 2 4 14 2 16 4 3 10. Following 1. 2. 3. 4. 5. 6. 7. 1, 1965 1 3 13 30 3 L. 2. 3. 4. - 3 - (Cont'd) l 3'2 mos. l 32. mos. 3 mos. 3 mos. 3 mo s . 350 per mo. 305.per mo. 200 per mo. 225 per mo. 150 ea. per mo. 3 mos. 60 per mo. 600 per season 4 mos. 350 per mo. 3 mos. 2-~- mos. 3 mos. 225 per mo. 150 ea. per mo. 100 ea. per mo. 3 mos. 125 per mo. 3 mos. 90 per mo. 150 ea. per seas~ 200 per mo. 150 ea. per mo. 450 per season 3 mos. 1 2'2 mo s . 1500 per season 5600 per season 485/615 per mo. 40 hrs. 410/430 per mo. 40 hrs. 395/405 per mo. 40 hrs. 375/395 per mo. 40 hrs. 365/385 per mo. 40 hrs. 255/270 per mo. 40 brs. 3L15/360 per mo. 40 brs. 36;:;/385 pe r mo. 70 per year 31, 1964) 450/600 per mo. 72 brs. 400/475 per mo. 72 hrs. 370/400 per mo. 72 hrs. 345/360 per mo. 72 hrs. 3~.5/360 per mo. 72 hrs. 330/350- per mo. 266 ea. per mo. 40 brs. 200 ea. per mo. 25.00 per mo. 1,617.90-5 mos. 450/600 per mo. 60 brs. 400/4-75 per mo. 60 hrs. 370/400 per mo. 60 hrs. 345/370 per mo. 40 brs. 200 ea. per mo. 2,157.10-7 mos. 25.00 per mo. 275/350 per mo. 40 hrs. 260/310 per mo. 40 hrs. 245/285 per mo. 40 hrs. 1.35 per hr. . I I I . ORDINANCE NO. 4147 (Cant' d) M. HEALTH DIVISION (City's Portion) 1. Physician (City-County) 2. Director of Environmental Health Service (All City) 1 Food Sanitarian (All City) 1 Milk Sanitarian 1 General Sanitarian (also Sani tation) 6. Public Health Nurse (R.N. County-State) 7. Public Health Nurse (R.N. State-City) 8. Director of Laboratory (City-State) 9. Receptionist Secretary (All City) 10. Laboratory Technician (County-City) 11. Assistant Laboratory Technician (City) 12. Junior Clerk (also Sanitation) SANITATION DIVISION fiB" 1. Operator, Sanitary Landfill 1 2. Relief operator, Sanitary Landfill & City Dump At~- dant 1 3. Laborers, Truck Drivers 10 4. General Sanitarian (also Health) 1 5. Senior Clerk (All City) I 6. Junior Clerk (also Health) 1 7. Overtime & Extra help OLD SElvAGE TREATMENT PLANT nEtt 1. Superintendent 2. Maintenance Foreman 3. Chief Plant Operator & Oiler 4. Plant Shift Operators 5. Temporary Plant Operator & Laborer Plant Relief Operator Truck Drivers Laborers Temporary Truck Driver- Laborer 10. Overtime, Extra help & holiday pay allowanc~ AIRPORT DIVISION 1. Manager 2. Assistant Manager 3. Patrolman-Fireman 4. Patrolman-Fireman 5. Laborers-Semi-Skilled 6. Laborers-Truck Drivers 7. Mechanic Driver 8. Dustodian 9. Stenographer (Part-time) 3. 4. 5. N. O. I 1 I 2 6. 7. 8. 9. 2 I I I I P. I I (Captain) 1 C; --- 1 4 I 1 I - 4 - 1 200 per mo. 350 per mo. 40 hrs. 300/395 per mo. 40 hrs. 275/345 per mo. 20 hrs. 12.5/172.50 per ml 1 I I 40 hrs. 20(0 per mo. 40 hrs. 200/300 per mo. 40 hrs. 200/325 per mo. 40 hrs. 100/180 per mo. 40 hrs. 200/240 per mo. 20 hrs. 100/125 per mo. 48 hrs. 350/1./.00 per mo. 1 1 1 1. 1 40 hrs. 245/275 per mo. 40 hrs. 250/300 per mo. 20 hrs. 125/1r(2.50 per mo. 40 hrs. 200/325 per mo. 20 hrs. 100/125 per mo. 2,500 per year 550 per mo. 250/310 per ~.o hrs. 40 Lto mo. 250/310 250/300 ") -<~n 225/2~io 250/300 250/290 250/280 hrs. hrs. per mo. per mo. 40 40 40 40 40 hrs. hrs. hrs. hrs. per mo. per mo. per mo. per mo. hrs. 250/280 per mo. 1,000 per year 400/550 per mo. 280/390 per mo. 60 hrs. 270/335 per mo. 60 hrs. 270/325 per mo. 40 hra. 250/305 per mo. 40 hrs. 250/305 per mo. 40 hrs. 270/325 per mo. 40 hrs. 250/305 per mo. 20 hrs. 100/125 per mo. ORDINANCE NO. 4147 (Cont'd) I Patrolmen of the Grand Island Police Department when entering upon such duties shall be paid $365.00 per month for the first six months of service, and the sum of $375.00 per month for the next six months. After one year of satisfactory service, such patrolmen shall then receive $385.00 per month. Policewomen (Meter Maids) of said department, when entering such duties, shall be paid $255.00 per month for the first six months of service. After six months of satisfactory service, such Policewomen (Meter Maids) shall then receive $270.00 per month. All full time regular Policemen and Policewomen (Meter Maids) and Airport Policemen shall be paid the sum of $20.00 per month, to be paid quarterly, for clothing and uniform allowance, which shall be in addition to the regular salary to which such employees are entitled. If any such police employees shall resign, or his or her employment 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. Firemen employed prior to January 1, 1965, with less than eighteen months consecutive service, shall be paid as follows: For the first six months of service - $33Q.00 per month, For the second six months of service - $335.00 per month, For the third six months of service - $340.00 per month, After eighteen months service - $350.00 per month. Firemen employed after January 1, 1965, shall be paid as follows: For the first six months of service - $34~.00, For the second six months of service - $350.00, For the third six months of service - $355.00. Provided, in case a new inexperienced fireman is hereafter employed, the above January 1, 1965, scale shall automatically apply, commencing January 1, 1965, to such other previously employed firemen. All firemen, upon attaining eighteen months or having longer consecutive service shall, commencing on January 1, 1965, be paid at the rate of $360.00 per month. 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, which shall be in addition to the regular salary to which such employees are entitled. If any such Firemen shall resign, or his employment be terminated for any reason whatsoever he 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." . I I . - 5 - 4147 (Cont'd) ORDINANCE NO. SECTION II. (Vacations.) Officers and employees, whose salary or wage is paid on a monthly basis, shall be erlitled to a vacation of . I one scheduled work week after one year of continuous service and such officer or employee shall be entitled to two scheduled work weeks of vacation after two or more years of continuous service. All officers and employees with fifteen (15) or more years of continuous service shall be entitled to three (3) weeks of vacation with pay, based on the rate of pay in effect at that time. SECTION III. (Holidays.) Employees in all departments shall be paid at the prescribed rate per month with the following paid holidays included, namely: New Year's Day January 1 Washington's Birthday February 22 Memorial Day May 30 Independence Day July 4 Labor 1st Monday in September Thanksgiving Day 4th Thursday in No~ber Christmas Day December 25 Provided, that when any such holiday shall fall (occur) on a Saturday, I employees shall be allowed a day off, within the thirty days following such Saturday -holiday, with pay, in lieu of each such Saturday - holiday. SECTION IV. (Sick Leave and Special Leave.) All full time regular employees shall be entitled to one day sick leave after continuous employment of (for) anyone calendar month of the year, and for each succeeding calendar month thereafter. All part time employees working one-half days, five days per week, shall be entitled to one half day sick leave, after continuous employment of (for) anyone calendar month of the year, and for each succeeding month thereafter. All employees, regular or part time, shall receive pay for such day of sickness if the employee has been employeed the one full month; Provided, if any employee I . has not been employeed for a full month or months, and ,is absent on account of sickness for a day or days, the employee shall be docked for such days he is absent for reason of sickness. Sick leave may be accumulative to, but shall not exceed more than, eighty days for a full time employee, and forty days for an employee who works only half days per week. - 6 - ORDINANCE NO. 4147 (Cont'd) Any person who is absent from duty because of sickness for one day or more, must attach a medical certificate from his doctor or the . I City physician, to his sick leave application before returning to work. Sick leave shall be allowed only in case of actual illness. An employee may be allowed not to exceed three consecutive days special leave in any one month, upon a statement in writing by an attending physician that such employee's services are required for the care of a sick spouse, child (including adopted or step-child), parent, parent-in-law, brolher, brother-in-law, sister, or sister-in-law, for for attendance upon the funeral of a spouse, child (including adopted or step-child), parent, parent-in-law, brother, brother-in-law, sister, sister-in-law, or for one-half day when required to act as pallbearer at a funeral - such absences to be permitted and recorded as "Special Leave". The provisions of this section shall apply to the employees of all departments of the City of Grand Island, Nebraska. I SECTION V. It shall continue to be the policy of all departments that upon the resignation of an employee, all accumulated benefits under sick leave shall immediately be cancelled. SECTION VI. Except as otherwise provided for in the Civil Service Act, 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 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 illlnlffium rate of the rate range of the new job, his rate will be increased to the minimum rate of the new job. I . (3) If his existing rate is above the maximum rate of the rate range of the new job, his rate will be the maximum rate of the new job. (4) Any employee transferred 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 below his existing 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 retransferred, provided that this new rate may not exceed the maximum of the rate range for that job. - 7 - ORDINANCE NO. 4147 (Cont'd) SECTION VII. All office employees, shop employees, common laborers, machine operators, and truck driver laborers, and all otherwise classified . I employees who are paid monthly salaries, shall be required to work the number of hours per week provided and shall, when required to work more than the number of hours herein stated, further be paid for such overtime at a rate of one and one-half rate per hour that such employee's monthly salary produces when computed on an hourly basis. When such employees are required to work on any of the prescribed holidays, they shall be paid a rate of double time (twice) the rate per hour that such employee's monthly salary produces when computed on an hourly basis. The formula used to compute the hourly rate for overtime pay on a monthly salary shall be as follows: The monthly S3lary times twelve (12) divided by the result of fifty-two (52) times the number of hours of work required per week. SECTION VIII. (Rest Periods.) Employees of the City may be I allowed fifteen (15) minutes rest periods each half day of work as an opportunity to rest or relax from regular routine of duty. Shopping other than for miscellaneous or other than for personal needs shall not be allowed. SECTION IX. Except as otherwise provided in the Civil Service Act, increases in rates of pay of individual employees, and within the maximum for the classification, may be put into effect by the City Manager without action of the Council. Promotion to higher classifications and/or increases in compensations are to be based upon the following efficiency factors, namely: (a) amount of work performed; (b) accuracy; (c) reliability; (d) neatness; (e) thorough- ness; (g) application to duty; (g) promptness; (h) conduct; (i) ability I . to get along with others; (j) cooperativeness, Provided, the decision of the City Manager as to such matters shall be final, and further, Provided, the classification and compensation of all employees shall be reviewed by the City Manager and the City Council at least once each year thirty days in advance of the preparation of the annual estimate required by Section 16-705, R.R.S. 1943. - 8 - . I I I . ORDINANCE NO.. 4147 (Cont'd) SECTION X.. Except as otherwise 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 incompetency, neglect of work or duty, incompatibility, gross immorality, or other good cause, in which case compensation of the employee shall terminate upon the date of notice of dismissal and all accumulated benefits for sick leave -shall be immediately cancelled. SECTION XI.. Except as otherwise provided for in the Civil Service Act, the City Manager, in order 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 empowered to add to the applicable minimum salary or wage one-tenth the amount of the difference between the minimum and maximum rates of pay for the particular classification for each year, up to ten years, for experience of the~plicant in the classification, or substantially similar experience, skill, or knowledge.. SECTION XII. 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 XIII. That Ordinances numbered 4037, 4046, 4091, and 4123, and all other ordinances and parts of ordinances in conflict here- with except ordinances pertaining to the Utilities Departments, be, and the same hereby are, repealed upon the final passage of this Ordinance, effective at Midnight, July 31, 1964. SECTION XIV.. This Ordinance shall take effect retroactively on the first day of August, 1964, and is hereby directed, to be published in pamphlet form and distributed as directed by the President of the Council.. Enacted the tenth day of August, l~ President of the Council :JJ1~ - 9 - 4148 ORDINANCE NO. An Ordinance: Pertaining to zoning in the City of Grand Island, Nebraska; changing the classification from "Residence B" to classification . I "Business BIf of the Easterly 133 feet of the Westerly 299 feet of Lot 9 of the County Subdivision of the wi of the swt of Sec. 15, T 11 N, R 9 W 6th P.M., Hall County, Nebraska; directing that such change and reclassifi- cation 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. WHEREAS, the proposed zoning of said tract was approved by the Planning Commission on June 22, 1964, and by the Board of Education of the School District of the City of Grand Island, on August 3, 1964; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That all of the following described real property located in the City of Grand Island, Nebraska, to wit: I The Easterly 133 feet of the Westerly 299 feet of Lot 9 of the County Subdivision of the West Half of the Southwest Quarter of Section 15, Township 11, North, Range 9, West of the 6th P.M., Hall County, Nebraska, be, and the same is, hereby rezoned and reclassified and changed to "Business B" 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. The findings andj:'ecommendations of the Planning Commission and the School District of the City of Grand Island are hereby accepted, adopted, and made a part of this Ordinance. SECTION 4. That Appendix I - Zoning, of the Grand Island City Code, and all ordinances and parts of ordinances in conflict herewith are hereby I . amended to reclassify such Easterly 133 feet of the Westerly 299 feet of such Lot 9 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 lOth day of August, 1964~ President of the Council ATTEST: -cf2{}~ ~- City Clerk Ib ORDINANCE NO. 4149 An Ordinance pertaining to zoning areas beyond the corporate boundaries of the City of Grand Island, Nebraska, namely: Rezoning . I two tracts of land in the NEtNEt of Sec. 12, T 11 N, R 10 W 6th P.M. in Hall County, Nebraska; changing the classification of said tracts from "Residence A" to "Business B"; directing that such change and re- classification be shown on the official zoning map of the City of Grand Island; and amending the provisions of Ordinances No. 3699, 3853, and 4023 to conform to such reclassifications. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: ~REAS, petitions have been filed with the City Council requesting the rezoning of two tracts located in the NEtNEt of Sec. 12, T 11 N, RlOW6thP.M.; ~REAS, the proposed rezoning of such tracts was approved by the Planning Commission on July 6, 1964, and by the Board of Education of Northwest High School on August 5, 1964, and the Board of Education of I School District No. 30 in Hall County, after due notice, by making no recommendation within thirty days, is deemed to have approved such re- zoning, SECTION 1. That the following tracts of real property located in the NEt of the NEt of Section Twelve (12) Township Eleven (11) North, Range Ten (10) West of the 6th P.M., Hall County, Nebraska, and more particularly described as follows: I . Tract No.1. Commencing at the Northeast corner of said Section Twelve (12); thence South on section line a distance of Two Hundred (200.0) feet; thence West and parallel to the North line of said Section Twelve (12) a distance of Four Hundred Eighteen (418.0) feet; thence South and parallel to the east line of said Section Twelve (12) a distance of Two Hundred Twenty-Eight (228.0) feet; thence East parallel to the north line of Section Twelve (12) a distance of Four Hundred Eighteen (418.0) feet; thence South on section line a distance of Three Hundred Twenty-Eight (328.0) feet; thence West parallel to the North line of Section Twelve (12) a distance of Twelve Hundred Forty-Three (1243.0) feet; thence North and~rallel to the east one-quarter quarter line a distance of Seven Hundred Fifty-Six (756.0) feet; thence East on the north line of Section Twelve (12) a distance of Twelve Hundred Forty-Three (1243.0) feet to the point of beginning. Said tract containing 19.38 acres more or less. -- 1 -- 10 ORDINANCE NO. 4149 (Cont'd) . I Tract No.2. Commencing at a point on the east line of Section Twelve (12), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., Hall County, Nebraska, said point being Two Hundred (200.0) feet south of the Northeast corner of said Section Twelve (12); thence South on section line a distance of Two Hundred Twenty-Eight (228.0) feet; thence West parallel to the north line of said Section Twelve (12) a distance of Four Hundred Eighteen (418.0) feet; thence North and parallel to the east line of Section Twelve (12) a distance of Two Hundred Twenty-Eight (228.0) feet; thence East parallel to the north line of Section Twelve (12) a distance of Four Hundred Eighteen (418.0) feet to the point of beginning. Said tract containing 2.19 acres more or less, be, and the same are, hereby rezoned and reclassified and changed to "Business B District" as defined by Appendix I - Zoning, of the Grand Island City Code. SECTION 2. 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 Ordinances No. 3699, 3853, and 4023, be, and the same are, hereby amended to reclassify the above described tracts of land as "Business B District". SECTION 4. That this Ordinance shall be in force and take effect I from and after its passage, and publication within thirty days in one issue of the Grand Island Daily Independent. Enacted this -?---~ day of o .~' 1964. ~ ex officio Mayor and President of the Council ATTEST:~~ ~ City Clerk I . -- 2 -- 11 ORDINANCE NO. 4150 An Ordinance amending Sec. 20-124 of Chapter 20 of the Grand Island City Code; pertaining to the parking of vehicles; double parking; repealing of ordinances or parts of ordinances or provisions in the . I Grand Island City Code in conflict herewith; providing an effective date. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND ISlAND, NEBRASKA: SECTION 1. That Sec. 20-124 of the Grand Island City Code be amended to read as follows: "Sec. 20-124. Angle and parallel parking generally; double parking. That it shall be unlawful for any person to stop, park, or leave standing any vehicle at any time in any part of the City, except with the righthand side thereof parallel with the curb and not more than one foot from the curb; provided, that the traffic division may designate any street or portion thereof where vehicles shall be parked at an angle, and all vehicles when parked on any such street or portion thereof shall be parked at the designated angle, and with the right front wheel of such I vehicle at the curb. Where the stalls are designated either on the curb or on the pavement, vehicles will be parked within such stalls. It shall be unlawful for any person to stop, park, or leave standing any vehicle beside any vehicle which is lawfully parked parallel with the curb of a street or behind any vehicle which is lawfully parked at an angle to the curb of a street, nor shall any vehicle be stopped beside any vehicle on the main traveled portion of the street." SECTION 2. 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 J. That this Ordinance shall be in force and take effect as provided by law from and after its enactment and publication within thirty I . days in one issue of the Grand Island Daily Independent. Enacted this eJ4 day of ~~ , 1964. ~ President of the Council Attest: (f?~ {/"City Clerk )t ORDINANCE NO. 4151 An Ordinance amending Sec. Jl-6 of Chapter 31 of the Grand Island City Code; pertaining to obstructions of streets or alleys or impeding traffic thereon; repealing all ordinances or parts of ordinances or pro- . I visions in the Grand Island City Code in conflict herewith; providing an effective date. r BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Sec. Jl-6 of the Grand Island City Code be amended to read as follows: "Sec. Jl-6. Obstructions generally; impedhgg traffic. Except as otherwise provided by this Code, it shall be unlawful for any person to obstruct any of the streets or alleys in the City or in any manner impede the passage of traffic thereon by sitting, standing, lying, walking, or running on the streets or alleys with the intent to obstruct or impede, or to allow or permit the same to be done by any building, vehicle, or other thing under his charge or control." I SECTION 2. That all ordinances or parts of ordinances, and all pro- visions in the Grand Island City Code in conflict herewith be, and the same are, hereby repealed. SECTION J. 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 w day of ~, 1964. ~ President of the Council I . ATTEST: --ff~y Clerk I q 4152 ORDINANCE NO. An Ordinance directing and authorizing: The conveyance of certain real estate in which the City of Grand Island, Nebraska, claims an interest to Doyle L. Winfrey and Violet B. Winfrey, being a tract comprising part . I of Waugh Street in such City, vacated by Ordinance No. 4143 dated August 10, 1964, which tract is more particularly hereinafter 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 COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA.: SECTION 1. That the conveyance to Doyle L. Winfrey and Violet B. Winfrey, husband and wife, of the real property formerly being a part of Waugh Street in the City of Grand Island, Nebraska, as vacated by Ordinance No. 4143 of the City of Grand Island, dated August 10, 1964, which tract is more particularly described as follows: I Beginning at the Southwest corner of Lot Fourteen (14), Block Eight (8), in Scarff's Addition to West Lawn in the City of Grand Island, Nebraska; thence running east on the South line of said Lot for a distance of One Hundred Thirty-Two (132) feet to the Southeast corner of said Lot; thence running South on a Southerly prolongation of the East line of said Lot for a distance of Twenty (20) feet; thence running west parallel to the South line of said Lot for a distance of one Hundred Thirty-Two (132) feet; thence running North on a Southerly prolongation of the West line of said Lot for a distance of Twenty (20) 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 Fifty Dollars ($250.00) upon delivery to the Grantees of a quit claim deed of such real property, 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 I . terms thereof shall be published for three consecutive weeks in the Grand Island Daily Independent (a newspaper published for general circulation in such aty 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. - 1 - ORDINANCE NO. 4152 (Cant t d) SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and, if a remonstrance against such . I 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 DoWle L. Winfrey and Violet B. Winfrey, husband and wife, a quit claim deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 6. This Ordinance shall be in force and take effect from I and after its passage, and publication within thirty days in one issue of the Grand Island Daily Independent. Enacted this 0/ day of ~~/ , 1964. ~~ President of the Council and ex officio Mayor ATTEST: fl.::! t/ I . - 2 - ),0 ORDINANCE NO. 4153 An Ordinance to amend Chapter 8 of the Grand Island City Code entitled "Buildings", by adding thereto a new article numbered "V" entitled ''Wrecking, etc., Buildings"; to provide for the issuance of . I licenses to engage in such business; providing for permits to \Wreck and demolish buildings; providing for the furnishing of an indemnity bond and fixing the amount thereof; providing for the right of an owner to wreck or demolish his own building; providing regulations concerning the wrecking and demolition of buildings; providing for the collection of fees; and providing penalties for violations; 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 the Grand Island City Code, entitled "Buildings" be, and hereby is, amended by adding thereto a new Article numbered "V", reading as follows: "Article V. Wrecking, etc., Buildings. I Sec. 8-57. License required to engage in business of building, etc., wrecking; fee; term. Any person engaged in the business of wrecking and demolishing buildings and houses in the city and in the area one mile beyond its corporate limits shall, before starting such business in the city or within such one mile area beyond its corporate limits, secure from the chief building inspector a license to engage in such business. Such licensee shall first pay to the chief building inspector the sum of ten dollars for such license, which shall be paid annually and which shall expire on the thirty-first day of December, following its date of issuance. Card. No. 3755, ~ 1.) Sec. 8-58. Permit to wreck buildings - Required. Any person licensed under this article to engage in the business of wrecking and demolishing buildings and houses shall, before proceeding with such wrecking or demolition of any structure in the city or the area one mile beyond its corporate limits, secure a permit so to do from the chief building inspector. Such permit shall not be granted until after the payment of the permit fee hereinafter set forth. Card. No. 3755, ~ 2.) Sec. 8-59. Same - Fees. I . It shall be the duty of the chief building inspector to collect fees for wrecking and demolishing of structures as follows: Residential type dwellings, first story Each additional story Commercial type buildings Each additional story Single car garages Double car garages Three car garages and over in size $5.00 2.50 7.50 5.00 2.00 2.50 .01 cent per square foot of floor area. Where there may be any question as to classification or size, it shall be within the jurisdiction of the chief building inspector to determine same. COrd. No. 3755, ~ 7.) - 1 - ORDINANCE NO. 4153 (Cont'd) Sec. 8-60. Bond required to indemnify city. . I It shall be unlawful for any person licensed under the provisions of this article to proceed with the wrecking or dem~nl of any structure where a permit is required without first furnishing to the chief building inspector an indemnity bond in a sum not less than three thousand dollars or as much more as may be necessary in the judgment of the chief building inspector, taking into account the magnitude of the work to be done, to indemnify the city against any law suits brought or judgments obtained against the city or any of its officials resulting from the wrecking operation. (Ord. No. 3755, ~ 3.) Sec. 8-61. Right of owner to wreck own buildings; license not required. Any person may wreck or demolish one or two story dwellings, provided he is the actual owner thereof and does the work himself and for himself without compensation from others. Such building or buildings must be situated at least twenty feet from the front lot line and at least eight feet from other buildings situated on either side or to the rear thereof. It is expressly provided that any such owner may wreck or demolish such dwellings without first securing the license provided in section 8-57 hereof; provided however, such owner must secure a permit so to do from the chief building inspector and pay the permit fee and call for inspections by the chief building inspector. Such owners must otherwise comply with all of the other ~visions of this article. It is expressly provided that the right of an owner to wreck or demolish his own dwellings shall include the right to wreck or demolish a private garage. COrd. No. 3755, ~ 4.) Sec. 8-62. Wrecker to leave property in safe, sanitary, clean condition. I It is hereby declared unlawful for any housewrecker to wreck or demolish any building or structure in such a manner that there shall remain holes or depressions dangerous to life or limb; there shall not remain debris or rubbish from which dust or offensive odors shall eminate, detrimental to public health. Such premises shall be left in a safe and sanitary condition. When a building has been wrecked or demolished for the purpose of erecting thereon another building, the chief building inspector at his discretion may permit the owner of such property to maintain for ar period not to exceed six months any remaining hole or depression; provided however, that such hole or depression is maintained in a safe and sanitary condition and kept free of all rubbish and debris of any nature, that such hole or depression is surrounded and protected by strong and suitable barricades not less than four feet in height and maintained in sound and proper condition and that such owner shall covenant for himself, his heirs and assigns to properly fill such holes and depressions at the termination of such six months period, unless building operations have started thereon. (Ord. No. 3755, ~ 5.) Sec. 8-63. Wrecker to disconnect utilities and close off service sewer. I . It shall be the duty of the house wrecker to see that all utilities such as water, gas, sewer and electricity are shut off either at the street line or in the alley. The service sewer from the house to the alley shall be properly closed at the main sewer line in accordance with the ordinances of the city, and the house wrecker shall obtain the permits and specifications for sewer disconnection from the city engineer. COrd. No. 3755, ~ 6.) Sec. 8-64. Penalty for violation of article. Any person violating the provisions of this article shall upon con- viction be deemed guilty of a misdemeanor and be punished as provided in section 1-7 of this Code. Each day shall constitute a separate offense and be punishable as provided in this section. (Ord. No. 3755, ~ 8.)" - 2 - ORDINANCE NO. 4153 (Cont'd) SECTION 2. That Ordinance No. 3755, as hereby amended, be, and hereby is, incorporated in the Grand Island City Code as provided by Section 4 of Ordinance No. 3843 adopting such Code. . I SECTION 3. All rights or remedies are expressly saved as to any and all violations of such Ordinance No. 3755 that have accrued at the time of the effective date of this Ordinance. SECTION 4. That Section 8-23 of the Grand Island City Code as here- tofore existing be, and hereby is, repealed, as provided in such Ordinance No. 3755. 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, as by law provided. Enacted this -z-/ day of ~ President of the Council I ATTEST: ax~ ~ City Clerk I . - 3 - ORDINANCE NO. 4154 An Ordinance to amend Chapter 8 01' the Grand Island City Code enti tled "Buildings" hyadding thereto a new Article numbered IV entitled ''Moving Buildings"; to provide 1'or house mover;'? license and fixing the . I license fee; to provide for permits to move houses and buildings and fixing the fees to be charged there~~ to provide rules and regulations for moving houses and buildings; providing penalties; to incorporate in such Code the provisions of Ordinances numbered 3772 and 3918, as amended hereby; to repeal Sections 8-11 and 8-22 of the Grand Island City :Code as heretofore existing, and all ordinances and parts of ordinances in conflict herewith; and to provide the effective date hereof. BE IT ORDAINED BY THE M1I.YOR AND CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Chapter 8 of the Grand Island City Code, entitled "Buildings" be, and hereby is, amended by adding thereto a new Article numbered IV entitled ''Moving Buildings", reading as follows: "Article IV. Moving Buildings. I "Sec. 8-39. License required to move buildings; term; fee and renewal fee. It shall be unlawful for any person to engage in the business of moving houses and buildings within the city without first being licensed as such by the City and paying the fee therefor; provided, however, no license shall be required to move a building which has a floor surface 01' one hundred square feet or less. Such license shall be issued by the chief building inspector, and the same shall expire on the 31st day of December of the year the same is issued. The person to whom such license is issued shall pay to the chief building inspector the sum of ten dollars therefor, and a like amount for any renewal of such license. Sec. 8-40. Bond required to indemnify city. Before issuing such license to move any house or structure, such licensee shall give bond in the sum 01' four thousand dollars which shall be a corporate surety bond to be approved by the city attorney. Such bond shall indemnify the city from any loss or damage caused by such licensee, his agents, servants and employees to any trees, pavement, curb, street, sidewalk or to any tele- graph or telephone poles or electric light poles, and conditioned also that such party save, indemni1'y and keep harmless the city against all liabilities, judgments, costs and expenses which may in any way accrue against the city in consequence of the granting of such general license. I . Sec. 8-41. Permit - Required; fee. Before any house or building can be moved a permit must be issued authorizing the moving of the same and the 1'ollowing fees 1'or such moving permit shall be paid to the chief building inspector: Dwelling one story, one cent per square foot; if any structure to be moved has a second story, there shall be added to the fee a charge of one cent for each four square feet of second story floor area; garages and small buildings, one cent per square foot. - 1 - ORDINANCE NO. 4154 (Cont'd) "Sec. 8-42. Same - Not to be issued if building exceeds certain length or width. 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. . I Sec. 8-43. Same - Chief building inspector to examine building, etc. prior to issuance; grounds for prohibition of moving operation. Before a permit is issued for any of the operations defined by this article and before any of the operations defined herein shall have begun, the chief building inspector shall examine the building, structure or part thereof on which it is desired to perform such operations, and the chief building inspector shall refuse to grant a permit for same if any of the conditions following are found to exist: No building shall be removed from its present location or lot to a new location or lot so situated that the construction on such new location or lot of a similar new building 'Would be in violation of any of the provisions of this article. Sec. 8-44. Consent of ma~ority of contiguous property owners prerequisite to moving of building. I Before granting permission to move any building from one lot to another or from any piece of property to another or to change the location of any building on the same lot or any piece of property to face in another direction or upon another street, the consent of a majority of the property owners of the half block to which such building or structure is to be located and also the consent of the majority of the property owners of the half block facing such new location must be obtained in writing on petitions furnished by the building department. The applicant, for such permission, shall provide a photograph (not less than three inches by five inches in size) of such house or structure which shall become part of the record of the building department and shall be presented as part of the petition to the owners for signing. This signed petition and photograph shall be on file in the building department before any permit shall be issued for the moving of any such building or structure. Sec. 8-45. Building in decayed condition not to be moved. No building or structure, regardless of size, shall be moved if the same is in such a decayed condition that its value is worth less than fifty per cent of the cost of a similar new structure. Sec. 8-46. To be moved along streets mentioned in permit only. It shall be unlawful for any such house mover under the permit to move the structure for which the permit is given, over, upon, or along other streets than those mentioned in the permit. Sec. 8-47. Plarling of streets when required. It shall be the duty of any person moving any house or structure to plank streets if and when ordered so to do by the chief building inspector. I . Sec. 8-48. Moving into fire limits prohibited. No building shall be moved into the fire limits. Sec. 8-49. Removal of overhead wires, etc. - Owner to lift or remove upon notice. Whenever it shall become necessary during the moving of any building or structure to temporarily lift or remove any overhead wires or conduits or any poles supporting the same in order to allow free passage for the moving of such building or structure, the person owning and operating such overhead wires or conduits shall lift or remove the same within twenty-four hours after written notice being served on the person authorized to accept such service. - 2 - ORDINANCE NO. 4154 (Cont'd) Sec. 8-50. Same - Mover to pay expenses of lifting, removal and restoration. It shall be the duty of the mover of houses and buildings to pay all expenses and costs incurred in the lifting, removal and restoration of all such wires, conduits and poles. . I Sec. 8-51. Allowing building, etc., to stand on street, etc., longer than necessary a misdemeanor. It shall be unlawful for any mover of houses or buildings or the owner of any house or building being moved under the provisions of this article to allow the same to remain standing on any street or public grounds longer than is reasonable and necessary, and any person violating the provisions of this section shall be deemed guilty of a misdemeanor and be punished as hereinafter provided. Sec. 8-52. Protection of public during moving operations. It shall be the duty of the mover of houses and buildings to exercise due care at all times to protect the public from injury or accidents. It shall be the duty of such movers of houses and buildings to provide watchmen to warn the public if and when any wires, ropes or cables are extending across streets or alleys or public grounds so that the public will not be injured thereby. If during the moving of any house or structure it shall become neces- sary to leave the same standing on any street, avenue, highway or public place, the same shall be left standing as near to the right side of the road as possible in order to leave free passage on the other side thereof. It shall further be the duty of the mover of houses and buildings to leave lighted flares about such house or structure or moving equipment left standing over- night in any such street, avenue, highway or public place during the hours between sunset and sunrise. I Sec. 8-53. Moving equipment to be rubber tired. No permit shall be issued by the chief building inspector to move any house or structure unless the moving equipment employed by the mover of houses and buildings is rubber tired in order to safeguard and protect streets, avenues, alleys, highways and public grounds from being damaged. Sec. 8-54. Mover to leave property in safe, clean sanitary condition. I . It is hereby declared unlawful for any mover of houses and buildings to move any building or structure in such a manner that there shall remain holes or depressions dangerous to life or limb; there shall not remain debris or rubbish from which dust or offensive odors shall eminate detrimental to public health. Such premises shall be left in a safe and sanitary condition. When a building has been moved for the purpose of erecting thereon another building or structure, the chief building inspector at his discretion may permit the owner of such property to maintain for a period not to exceed six months any remaining hole or depression; provided, however, that such hole or depression is maintained in a safe and sanitary condition and kept free of all rubbish and debris of any nature, that such hole or depression is surrounded and protected by strong and suitable barricades not less than four feet in height and maintained in sound and proper condition and that such owner shall covenant for himself, his heirs, and assigns to properly fill such holes and depressions at the termination of such six month period unless building oper- ations have started thereon. Sec. 8-55. Applicability of article to area within one mile of city. The provisions of this article pertaining to the moving of buildings and structures shall apply with equal force and effect to such operations within the corporate limits of the city and all that area one mile adjacent to and beyond the corporate limits of the city. - 3 - ORDINANCE NO. 4154 (Contfd) "Sec. 8-56. Penalty for violation of article; continuing violations. Any person violating any of the provisions of this article shall upon conviction be deemed guilty of a misdemeanor and shall be punished as provided in section 1-7 of this Code. . I If any such peran shall permit such violation to continue, each day shall be considered a separate offense and be punished accordingly.1t SECTION 2. That Ordinances numbered 3772 and 3918, as amended hereby, be, and hereby are, incorporated in the Grand Island City Code as provided by Section 4 of Ordinance No. 3843 adopting such Code. SECTION 3. All rights or remedies are expressly saved as to any and all violations of such ordinances numbered 3772 and 3918, that have accrued at the time of the effective date of this ordinance. SECTION 4. That Sections 8-11 and 8-22 of the Grand Island City Code as heretofore existing be, and hereby are, repealed. SECTION 5. 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 ~ day of Q...~ ~~ , 1964. I President of the Council Attest: cfL?r .' '- Ci ty Clerk I . - 4 - ORDINANCE NO. 4155 An Ordinance to amend Section 8-3 of the Grand Island City Code entitled "Same - Amendment to Building Code"; to incorporate in such Code the provisions of Ordinances numbered 3734, 3924, and 3923, as amended . I hereby; 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 8-3 of the Grand Island City Code be, and hereby is amended to read as follows: ItSec. 8-3. Same - Amendment to Building Code. (a) Section 102.14, chapter 102 of the Modern Standard Building Code adopted pursuant to section 8-1 is hereby amended to read as follows: Stop Orders. Whenever in the opinion of the building inspector by reason of defective or illegal work in violation of a provision or require- ment of this code, continuance of a building operation is contrary to public welfare, the Building Inspector shall in writing, order all further work to be stopped, and may require the suspension of all phases of work being per- formed until the condition in violation has been corrected. (b) The Modern Standard Building Code, chapter 112, is amended by the addition of section No. 112.07 to read as follows: I 112.07. Use and occupancy of frame residential buildings in Business "A" District. Business "B" District and Industrial District. It shall be unlawful for any person, persons, firms or corporations to occupy any frame residential building in the Business "A" District, Business ItB" District or Industrial Zone District, so designated by the City of Grand Island, Nebraska, for the purpose of establishing therein a business or businesses of any nature whatsoever; furthermore, no business or businesses of any nature shall be carried on in any residential buildings while the same are being used as living quarters excepting those businesses that are allowed to operate in the Residence "B" District; this section shall not be construed as to inter- fere with the normal operation of businesses now established in structures that do not meet the requirements of the Zoning and Building Codes, provided such businesses were legally in operation prior to the passage date of this section; after the passage of this section and at such times as such businesses cease to operate, then such building shall revert to its original classification of residence. (c) The Modern Standard Building Code, chapter 402, section 402.05, is amended to read as follows: I . Dwelling occupancy. All private garages and auxiliary buildings hereafter erected or structurally altered that are located within six feet of the main building or residence and all main buildings or residences here- after erected or structurally altered that are located within six feet of the auxiliary building but not attached thereto shall be governed by the following regula tions: (a) All detached buildings shall be lined throughout with fire resistant material of not less fire rating than 3/8 inches sheetrock. (b) If such structures are attached, then the separation wall shall be lined with a fire resistant material with not less fire rating than 1/2 inch sheetrock, with the remainder of the interior not less than 3/8 inch sheetrock." - 1 - ORDINANCE NO.4155 (Cont'd) SECTION 2. That Ordinances numbered 3734, 3924, and 3923, as amended hereby, be, and hereby are, incorporated in the Grand Island City Code as provided by Section 4 of Ordinance No. 3843 adopting such Code. . I SECTION 3. All r~ts or remedies are expressly saved as to any and all violations of such ordinances numbered 3734, 3924, and 3923, that have accrued at the time of the effective date of this ordinance. SECTION 4. That Section 8-3 of the Grand Island City Code as here- tofore existing be, and hereby is, repealed. SECTION 5. 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 ~ day of a...---<- ~ ' 1964. President of the Council I ATTEST: ~ . kl,~ ~ Ci ty Clerk I . - 2 - 0, ;I 415~ ORDINANCE NO. An Ordinance to amend Chapter 12 of the Grand Island City Code entitled "Electricity" by adding to Article I theredf; a new division, numbered "Division 3A" entitled "Maintenance Electricians"; to provide . I licenses to do maintenance electrical work on employer's premises only; fixing the license fee; providing for permits and permit fees; providing for inspections and penalties~ incorporating in such Code Ordinance No. 3771; 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 12 of the Grand Island City Code, entitled "Electricity", be, and hereby is, amended by adding to Article I thereto a new division numbered "Division 3A", entitled ''Maintenance Electricians", reading as follows: "DIVISION 3A. MAINTENANCE EIECTRICIANS. "Sec. 12-38.1. License - Required. Any person employing an electrician to do maintenance work may have such electrician licensed by the city to do maintenance electrical work on the premises of such employer or licensee. I "Sec. 12-38.2. Same - Entitles holder to do work only on premises of employer. The license issued under section 12-38.1 shall permit such person to do maintenance electrical work only on the premises of his employer and in no case shall the issuance of such license permit such person to do electrical work on the premises belonging to others. "Sec. 12-38.3. Same - To be issued in name of employer. The license issued under section 12-38.1 shall be issued in the name of the employer, and if issued to an individual doing business under a trade name or to persons doing business as copartners, the full names of such individuals or partners shall appear on the license issued. "Sec. 12-38.4. Same - Fee; term. The person to whom such license is issued shall first pay to the chief building inspector the sum of ten dollars annually for such license which shall expire on the thirty-first day of December of the year issued. I . "Sec. 12-38.5. Permit to perform electrical work required; fee. The person to whom such license is issued under this division shall be required to first secure permits to do any electrical work on the premises of such licensee as required by ordinances of the city. Fees for the issuance of such permit shall be the same as now in force and required by ordinance. -- 1 -- . I I I . ORDINANCE NO. 4156 (Cont'd) '" "Sec. 12-38.6~! Inspection of electrical work. Any electrical work performed under the provisions of this division shall be inspected by the chief building inspector or his duly appointed assistants if the ordinances of the city pro- vide for inspections." SECTION 2. That Ordinance No. 3771, as amended hereby, be, and hereby is, incorporated in the Grand Island City Code as provided by Section 4 of Ordinance No. 3843 adopting such Code. SECTION 3. All rights or remedies are expressly saved as to any and all violations of such Ordinances No. 3771 that have accrued at the time of the effective date of this Ordinance. 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. 2 ~ Enacted this :..2-\- - 1964. Council T, T,~E ',: -'/~ / ""I..- City Clerk -- 2 -- ORDINANCE NO. 4157 An Ordinance repealing Sections 1 and 2 of Ordinance No. 3857. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: . I SECTION 1. That Section 1 of Ordinance No. 3857 be, and hereby is, repealed. SECTION 2. That Section 2 of Ordinance No. 3857 be, and hereby is, repealed. SECTION 3. This Ordinance shall take effect after its publication wi thin thirty days in one issue of the Grand Island Daily Independent. Enacted this ~ / c:!:-. day of AT~ . City Clerk . I I . \y ORDINANCE NO. 4158 An Ordinance to amend Chapter 12 of the Grand Island City Code entitled "Electricity"; by adding to Article II thereof a new division numbered "6A" entitled "Rural Power Rate"; by incorporating in such Article . I II the provisions of Ordinance No. 3831, as amended hereby, changing and adjusting the rates to be charged by such City for the sale of electrical energy effective on electric bills rendered commencing in July 1962; by deleting from Article II Sections 12-51, 12-52, 12-60, 12-65, 12-71, 12-86, 12-94, and 12-95, ap repealed by Ordinance No. 3831; by adding to Division 2 of Article II a new section numbered Section 12-60.1 entitled "All Electric Home Rates"; and to provide the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA.: SECTION 1. That Article II of Chapter 12 of the Grand Island City Code be, and hereby is, amended to read as follows: "Sec. 12-53. Same - Interpretation. I No interpretation of the discounts allowed under any of the prov~s~ons of this article shall be construed or applied in any way so as to reduce the minimum bills as provided for by this article. "Sec. 12-54. Use of electrical welders and X-ray units. Electric transformer type arc welders or X-ray units shall not be used on residential or commercial rate schedules. When used on power rates, the welder or X-ray unit KVA may be converted to horse- power for determination of connected horsepower at the rate of seven hundred and forty-six watts per horsepower, minimum connection five horsepower. "Sec. 12-55. }j:echanical air conditioners of certain size. etc. Mechanical air conditioners larger than one ton or accumulation thereof, will not be served under the residential lighting rate. They may be served under either power or optional air conditioner rate schedules. DIVISION 2. RESIDENTIAL LIGHTING RATE. "Sec. 12-56. Applicabili ty, etc. I . 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 exceeding one horsepower, single phase. Such energy shall be served through one meter. "Sec. 12-57. lichedule of charges. The charges for electrical energy under the residential lighting rate shall be as follows: - 1 - ORDINANCE NO. 4158 (Cont'd) Kilowatt-hours used per month Rate per kilowatt~hour . I First fifty Next fifty Next one hundred and fifty Next two hundred and fifty Over five hundred $.037 .026 .014 .018 .016 "Sec. 12-58. :Minimum bill. The minimum bill for service under the residential lighting rate shall be seventy-five cents per month, per meter. "Sec. 12-59. Service specifications. Residential lighting service shall be supplied at one hundred and ten/two hundred and twenty volts, single phase, only. "Sec. 12-60.1 All electric home rates. All electric home rates available to single private dwellings for all domestic use of electricity and which meet the following require- men ts: (1) Permanently installed electric heating not less than 10 kilowatts. (2) Electric range not less than 4000 watts. (3) Electric water heater. I Mechanical air conditioners up to seven and one-half horsepower single phase may be served under this rate at option of customer. All energy supplied under this rate to be recorded through a single meter and billed as follows: First 500 KWH per month at .0175. Next 500 KWH per month at .0150. Next 4000 KWH per month at .0125. Over 5000 KWH per month at .0100. Minimum bill $7.00 per month per meter. DIVISION 3. COMMERCIAL LIGHTING RATE "Sec. 12-61. Applicability, etc. The commercial lighting rate shall be applicable to electrical energy supplied to all lighting purposes other than private dwellings, including small appliances and motors not exceeding one horsepower, single phase. Such energy shall be served through one meter. "Sec. 12-62. Schedule of charges. The charges for electrical energy under the comme:rcial lighting rate shall be as follows: Kilowatt-hours used per month Rate per kilowatt-hour I . First one hundred Next four hundred Next one thousand Excess over one thousand five hundred $.037 .026 .023 .016 "Sec. 12-63. Service specifications. Commercial lighting service shall be supplied at one hundred ten/two hundred twenty volts, single phase. - 2 - 4158 (Cont'd) ORDINANCE NO. "Sec. 12-64. Minimum bill. The minimum bill for service under the commercial lighting rate shall be one dollar per month, per meter. . I DIVISION 4. POWER RATE. "Sec. 12-66. Applicability; minimum connection. The power rate shall be applicable to electrical energy supplied for all purposes other than lighting, cooking and heating. The minimum connection shall be one horsepower. "Sec. 12-67. Schedule of charges. The charges for electrical energy under the power rate shall be as follows: Kilowatt-hours used per month Rate per kilowatt-hour First one hundred Next nine hundred Next nine thousand Over ten thousand $.037 .023 .018 .016 "Sec. 12-68. Service specifications - Generally. Except as provided in section 12-69 service under the power rate shall be supplied at one hundred ten/two hundred twenty volts, single phase. I "Sec. 12-69. Same - Exception; mi.nimum connection. Three phase power may be supplied under the power rate, at the option of the city, at two hundred twenty volts or four hundred forty volts in those areas where three phase primary circuits exist. The minimum connection for such service shall be five horsepower. "Sec. 12-70. Minimum bill. The minimum bill for service under the power rate shall be seventy- five cents per month, per connected horsepower, and not less than one dollar per month. This minimum applies for not less than twelve months for air conditioning equipment. "Sec. 12-72. Discount. Customers who elect to receive service under the power rate at the nearest available primary voltage and who own and maintain all necessary transformation equipment and associated structures may receive an additional five per cent discount. "Sec. 12-73. Customers outside city. I . Customers located outside the city limits, within the territory served by the city, who desire electrical power under this rate must contract to pay the maximum established minimum bill each month for not less than sixty consecutive months after the establishment of such minimum; provided, that this provision shall not be construed or applied in any way so as to reduce the minimums provided in the preceding schedules. - 3 - ORDINANCE NO. 4158 (Cont'd) DIVISION 5. RURAL RATE. "Sec. 12-74. Applicability, etc. . I The rural rate shall be applicable to electrical energy supplied for lighting, electric cooking, water heating, refrigerators, domestic appliances and single phase motors up to'and including seven and one- half horsepower, served through one meter, subject to the customer meeting the city's requirements. "Sec. 12-75. Minimum charges. The minimum charges under the rural rate shall be as follows: Transformer size Minimum kilowatt hours per month Monthly minimum charge (a) Three kilowatt (b) Five kilowatt (c) Seven and five-tenths (d) Ten kilowatt (e) Fifteen kilowatt fifty fifty kilowatt fifty fifty fifty $4.00 6.00 7.25 eS.25 9.85 "Sec.l?-76. Schedule of charges for electricity used over monthly minimum. The charges under the rural rate for electrical energy used in excess of the monthly minimums established by section 12-75 shall be as follows: I Kilowatt-hours used per month over minimum Rate per kilowatt~hour First fifty Next two hundred Over three hundred $.04 .025 .02 DIVISION 6. RURAL IRRIGATION RATE. "Sec. 12-77. Minimum charge. The minimum charge for service under the rural irrigation rate shall be five dollars per horsepower connected, per year, payable in advance. Customers receiving service under the rural irrigation rate will receive credit for the minimum in current at the rate set forth in section 12-75. "Sec. 12-78. Schedule of charges. The charges for electrical energy supplied under the rural irrigation rate shall be as follows: Kilowatt-hours used Net rate per kilowatt hour I . First two thousand Next thirty-eight thousand Over forty thousand $.027 .025 .019 "Sec. 12-79. Availability, etc. The schedule of rates set forth in section 12-78 is available for irrigation service from existing lines to motor installations of five horsepower or more, subject to the customer meeting the city's require- ments. - 4 - ORDINANCE NO.4 158 (Cont'd) "DIVISION 6A. RURAL POWER RATE. "Sec. 12-79.1. Applicability. . I The rural power rate shall be applicable to energy supplied for power purposes only and subject to customer meeting city's requirements. "Sec. 12-79.2. Schedule of charges. The charges for electrical energy under the rural power rate shall be as follows: Kilowatt-hours used per month Rate per kilowatt-hour First one hundred Next nine hundred Over one thousand $ .05 .025 .02 "Sec. 12-79.3. Service specifications; mlnJ.Jl1um connection; service an option of city. Service under the rural power rate shall be supplied at two hundred twenty volts, three phase. The minimum connection for such service shall be ten horsepower. This service is available at the option of the city in those areas where three phase primary circuits exist. I "Sec. 12-79.4. Minimum bill. The minimum bill shall be ninety cents per month per connected horsepower and not less than ten horsepower connected." I . - 4A - ORDINANCE NO. 4158 (Cont'd) DIVISION 7. OPTIONAL POWER RATE. "Sec. 12-80. Applicability, etc. . I The optional power rate shall be applicable to any commercial or industrial customer for electrical energy used for all purposes. "Sec. 12-81. Demand charges. The demand charge for service under the optional power rate shall be as follows: Kilowatt-hours used per month Monthly demand charge First fifty Next one hundred Over one hundred fifty $2.00 1.50 1.25 "Sec. 12-82. Energy charge. The energy charge for electrical energy under the optional power rate shall be nine tenths of one cent per kilowatt~hour. "Sec. 12-83. Determination of demand. Under the optional power rate, the demand shall be the maximum measured thirty minute demand per month and shall not be less than fifty per cent of the maximum demand in the preceding eleven months and shall be not less than twenty kilowatts. I "Sec. 12-84. Minimum bill. The minimum bill under the optional power rate shall be the demand charge. "Sec. 12-85. Service specifications. Service under the optional power rate shall be at two hundred twenty volts or four hundred forty volts, three phase. "Sec. 12-87. Discount - Energy charge. Under the optional power rate, if energy is metered on the primary side of the service, an ad~tional five per cent discount will be allowed on energy charge only. "Sec. 12-88. Same - On demand charge. Under the optional power rate, if a customer elects to receive service at the nearest available primary voltage and to own and maintain all necessary transformation equipment and structures, a five per cent discount will be allowed to such customer on the demand charge. I . "Sec. 12-89. Customers outside city. Under the optional power rate, customers located outside the city limits must contract to pay the minimum charge for not less than thirty months. DIVISION 8. OPTIONAL AIR CONDITIONING RATE. "Sec. 12-90. Applicability, etc. The optional air conditioning rate shall be applicable to all customers for mechanical air conditioning equipment served through one meter. - 5 - Ordinance No. 415$ ( Cant) "Sec. 12-91. Charge. The charge for electrical energy under the optional air conditioning rate shall be three and three tenths cents for all kilowatt-hours used. "Sec. 12-92. Service specifications. . I Service under the optional air conditioning rate shall be at two hundred twenty volts or four hundred forty volts, single phase; provided, that when three phase service is available, service may be at two hundred twenty or four hundred forty volts, three phase. "Sec. 12-93. Minimum bill. There shall be no minimum bill under the optional air condition- ing rate. DIVISION 9. CITY SERVICE RJ\.TE. "Sec. 12-96. Applicability. The city service rate shall be applicable to departments or other subdivisions of the city for electric power. "Sec. 12-97. Demand charge. The demand charge for service under the city service rate shall be two dollars per month kilowatt of the maximum thirty minute demand. "Sec. 12-98. Energy charge. I The energy charge for all electrical energy supplied under the city service rate shall be seven tenths of a cent per kilowatt-hour net." SECTION 2. That Article II of Chapter 12 of the Grand Island City Code be, and hereby is, amended, by deleting therefrom, as repealed by Ordinance No. 3831, Sections 12-51, 12-52, 12-60, 12-65, 12-71, 12-86, 12-94, and 12-95. SECTION 3. Division 2 of Article II, Chapter 12 of Grand Island City Code be, and hereby is, amended by adding to such Division 2 a new section numbered Section 12-60.1, reading as follows: "Sec. 12-60.1. All electric home rates. All electric home rates available to single private dwellings for all domestic use of electricity and which meet the following requirements: I . (1) Permanently installed electric heating not less than 10 kilowatts. (2) Electric range not less than 4000 watts. (3) Electric water heater. Mechanical air conditioners up to seven and one-half horsepower single phase may be served under this rate at option of customer. All energy supplied under this rate to be recorded through a single meter and billed as follows: First 500 KWH per month at .0175. Next 500 KWH per month at .0150. Next 4000 KWH per month at .0125. Over 5000 KWH per month at .0100. Minimum bill $7.00 per month per meter." - 6 - ORDINANCE NO. 415$ (Cont'd) SECTION 4. That Article II of Chapter 12 of the Grand Island City Code be, and hereby is, amended by adding a new division numbered "6A" entitled "Rural Power Rate", reading as follows: . I "DIVISION 6A. RURAL POWER RATE. "Sec. 12-79.L Applicabili ty. The rural power rate shall be applicable to energy supplied for power purposes only and subject to customer meeting city's require- ments. "Sec. 12-79.2. Schedule of charges~ The charges for electrical energy under the rural power rate shall be as follows: Kilowatt~hours used per month Rate per kilowatt~hour First one hundred Next nine hundred Over one thousand $.05 .025 .02 "Sec. 12-79.3. Service specifications; mlnJ..mum connection; service an option of city. Service under the rural power rate shall be supplied at two hundred twenty volts, three phase. The minimum connection for such service shall be ten horsepower. I This service is available at the option of the city in those areas where three phase primary circuits exist. "Sec. 12-79.4. Minimum bilL The minimum bill shall be ninety cents per month per connected horsepower and not less than ten horsepower connected." SECTION 5. That Ordinance No. 3831, as amended hereby, be, and hereby is, incorporated in the Grand Island City Code as provided by Section 4 of Ordinance No. 3843 adopting such Code. SECTION 6. All rights or remedies are expressly saved as to any and all violations of such Ordinance No. 3831 that have accrued at the time of the effective date of this Ordinance. SECTION 7. This Ordinance shall take effect, as by law provided, from and after its passage, and publication within thirty days in one Enacted this day of , ~,2,64. ...~.."" I . issue of ~ - 7 - (I 17" ORDINANCE NO. L-1 S9 An Ordinance to amend Chapter 15 of the Grand Island City Code entJ.f,Je'l "Garbage, Refuse, Waste and 'Weeds" by adding to Article II . I thereof Section 15-24.1 entitled "Same - Sale of route; purchaser to obtain license and have equipment approved", and Section 15-2/-1-.2 entitled "Same - Reduction in number from failure to renew license, etc."; by incorporapng in such Article II the provisions of Ordinance No. 3779 as amended hereby, amending Sections 15-21, 15-22, 15-23, and 15-24 of such Article II; fixing the number of licenses for collection of garbage and refuse; providing for the sale of garbage routes and equipment used by licensees; providing for certain specifications concerning equipment to be used in the collection of garbage; 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 Sections 15-21, 15-22, 15-23, and 15-24 of Article I II of Chapter 15 of the Grand Island City Code be, and hereby are, amended to read as follows: "Sec. 15-21. Licensec1_&~rbage.1 etc.. cQ..1J&2.tors - Max.imum ngnb~; equipm€E.:Lt..CL.I!!~?t certain e.:2~iu.ca!:t.~ ,---eis:.. The rrwnber of persons licensed to collect garbage, refuse and waste materials under this article shall be limited to ten; provided, that the equipment such licensee uses in such business meets all of the specifications required by the city for such equipment; provided further, that such equipment has been approved by the superintendent of the sanitation department. "Sec. 15-22. Same -Vehicle.1.. etc.. specification~. Any vehicle used by a licensee under this article shall have a watertight metal box or body so as to prevent leakage upon the streets and alleys and shall be equipped with a cover so as to prevent waste materials from being blown away from or jarred off such vehicle. "Sec. 15-23. Same - Fees to be charged; t~rv~provisions of article, e~. I . The fees charged by any licensee engaged in the collection of garbage and refuse shall be the same as the fees charged by the city for collection of garbage, and such licensee shall in all respects observe all rules and regulations provided for by this article or which shall be adopted and approved by the city pertaining to the collection of garbage. "Sec. 15-24. Same - Use of __licensee's name by another; licenses not tran~f~~. Licenses issued under the provisions of this article shall not be transferable, and no licensee shall permit another by lease, rental or some agreement to engage in such business under the name of such licensee." - 1 - ORDINANCE NO. 4159 (Cont'd) SECTION 2. That Article II of Chapter 15 of the Grand Island City Code be, and hereby is, amended by adding thereto two new sections . I numbered Section 15-24.1 and Section 15-24.2, reading as follows: "Sec. 15-24.1. Same - Sale of rout~L.Eurchaser to obtain license and have equipmentapproved~ Nothing contained in this article shall be construed to prohibit any licensee operating under the provisions of this article from selling his garbage route and his equipment to another. The purchaser of such garbage route and such equipment must, however, secure a license to engage in such business as herein provided and his equipment approved as aforesaid. "Sec. 15-24.2. Same - Reduction in number from failure to renew license, etc. It is expressly provided that it is the intention of the city to become the only collector of garbage and refuse in the city. Whenever any person to whom a license has been issued shall fail or neglect to annually renew such license or whenever any license issued under the provisions hereof has been revoked, the number of licenses to be issued by the city for the collection of garbage and refuse shall then be reduced by the number who fail to renew such license or who have lost the same by revocation." SECTION 3. That Ordinance No. 3779, as amended hereby, be, and hereby I is, incorporated in the Grand Island City Code as provided by Section 4 of Ordinance No. 3843 adopting such Code. SECTION 4. All rights or remedies are expressly saved as to any and all violations of such Ordinance No. 3779 that have accrued at the time of the effective date of this Ordinance. SECTION 5. This Ordinance shall take effect, as by law provided, from and after its passage, and publication within thirty days in one Enacted this 31 issue of the Grand I . - 2 - C\ Y 4160 ORDINANCE NO. An Ordinance to amend Chapter 35 of the Grand Island City Code entitled ''Water'' be amending Sections 35-33, 35-34, 35-35, 35-36, and . I 35-37, and to delete therefrom Section 35-38; to incorporate in such Code the provisions of Ordinance No. 3913, fixing and establishing rates to be charged for water to be furnished by the City of Grand Island within and without the corporate limits of such City, and the 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. That Sections 35-33, 35-34, 35-35, 35-36, and 35-37 of Chapter 35 of the Grand Island City Code, entitled ''Water'' be, and hereby are, amended to read as follows: "Sec. 35-33. Minimum rates - Generally. I The minimum rates as set forth in this article shall be uniform and apply in all cases where water is furnished within or without the city as the case may be, and such minimum rate shall be credited to the account of each consumer, or the person to be charged, until the amount paid as a minimum rate shall be exhausted by water charges as aforesaid. The charges for water furnished at the rates set forth in this article shall be collected by the water commissioner as pro- vided by this article. If the amount of water consumed quarterly is not sufficient to exhaust the minimum rate as herein below provided and charged by the city, such consumer or the person to be charged shall not be entitled to any return or credit for any portion of such minimum rate." "Sec. 35-34. Same - Within city. The minimum rate to be charged for water furnished within the corporate limits of the city shall be the sum of twelve dollars per year, payable three dollars quarterly, in advance, on the :flrst days of February, May, August and November of each year. Bills for the water furnished in excess of the minimum rate shall be rendered at the same time." "Sec. 35-35. Same - Outside city. I . The minimum rate to be charged for water furnished outside and beyond the corporate limits of the city shall be the sum of twenty-four dollars per year, payable six dollars quarterly, in advance, on the first days of February, May, August and November of each year. Bills for the water furnished in excess of the minimum rate shall be rendered at the same time." "Sec. 35-36. Schedule of rates - Within city. The rate to be charged for water furnished within the corporate limits of the city shall be as follows: - 1 - ORDINANCE NO. 4160 (Cont'd) '~ONTHLY BILLINGS Cubic feet per month Rate per 100 cubic feet . I First .500--------------------------------------- $ Next .500---------------------------------------- Next 3,000 ------------------------------------- Next 6,000 ------------------------------------- Next 90,000 ------------------------------------ Next 100,000 ----------------------------------- Next 200,000 ----------------------------------- Monthly minimum -------------------------------- .20 .1.5 .14- .12 .10 .08 .07 1.00 QUARTERLY BILLINGS Cubic feet per quarter Rate per 100 cubic feet First 1,.500 ------------------------------------ $ Next 1,.500 ------------------------------------- Next 9,000 ------------------------------------- Next 18,000 ------------------------------------ Next 270,000 ----------------------------------- Next 300,000 ---------------------------...------- Over 600,000 ----------------------------------- Quarterly minimum ------------------------------ .20 .1.5 .14- .12 .10 .08 .07 3.00 " "Sec. 3.5-37. Same - Outside city. The rate to be charged for water furnished outside and beyond the corporate limits of the city shall be as follows: I MONTHLY BILLINGS Cubic feet per month Rate per 100 cubic feet First .500--------------------------------------- $ .21 Next .500 --------------------------------------- .16 Next 3,000 -----------~------------------------- .1.5 Next 6,000 ------------------------------------- .13 Next 90,000 ------------------------------------ .11 Next 100,000 ----------------------------------- .08 Over 200,000 --------------------------'--------- .07 Monthly minimum ------------------------------- 2.00 QUARTERLY BILLINGS Cubic feet per quarter Rate per 100 cubic feet I . First 1,.500 ------------------------------------ $ .21 Next 1,.500 ------------------------------------- .16 Next 9,000 ------------------------------------- .1.5 Next 18,000 ------------------------------------ .13 Next 270,000 ----------------------------------- .11 Next 300,000 ----------------------------------- .08 Over 600,000 ----------------------------------- .07 Quarterly minimum ----...------------------------- 6.00 " SECTION 2. That Section 3.5-38 of the Grand Island City Code as heretofore existing be, and hereby is, repealed, as provided in such Ordinance No. 3913. - 2 - 4160 (Cont'd) ORDINANCE NO. SECTION 3. That Ordinance No. 3913, as hereby amended, be, and hereby is, incorporated in the Grand Island City Code as provided by Section 4 of Ordinance No. 3843 adopting such Code. . I SECTION 4. All rights or remedies are expressly saved as to any and all violations of such Ordinance No. 3913 that have accrued at the time of the effective date of this Ordinance. 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, as by law provided. ~ ~~ ~~/ ".. / -,. ./ .. ,I / 9" c;;.:::..... .... . . ~I . tt. . Pres~dent of the Counc~l ATTEST: (/ v;J~~ City Clerk I I . - 3 - \1)- / I 4161 ORDINANCE NO. An Ordinance to amend Chapter 16 of the Grand Island City Code entitled "Gas" by adding thereto a new article numbered Article II, entitled "Gas Appliances and Gas Piping", consisting of divisions . I numbered 1, 2, 3, 4, and 5; providing definitions; approving and adopt- ing a code known as the Standards of the National Board of Fire Under- writers, NBFU #54, 1959 Edition, and amendments thereto; creating the office of Gas Inspector and defining his duties; providing for the appointment of assistant gas inspectors; providing for registration of gas fitters, registration fees, revocation of registration; providing for an examining board for gas fitters, examination of gas fitters, issuance of licenses to do gas fitting, requiring bonds; providing for issuance of permits for gas installations and fees therefor, and in- spection; authorizing condemnation of existing gas installations, prohibiting interference with automatic safety equipment; prohibiting the covering of work before inspection; prohibiting the use of electric pipes for grounds; providing for testing of gas appliances; providing I penalties for violations of such provisions; to incorp@.t:e in such Code the provisions of Ordinance No. 3878 as amended hereby; 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 Chapter 16 of the Grand Island City Code, entitled "Gas" be, and hereby is, amended by adding thereto a new article numbered Article II, entitled "Gas Appliances and Gas Piping", consisting of divisions numbered 1, 2, 3, 4, and 5, and reading as follows: "ARTICLE II. GAS APPLIANCES AND GAS PIPING. Division 1. Generally. "Sec. 16-5. Definitions. I . For the purpose of this article the following definitions shall be used and the terms herein set forth shall be construed to have the meaning set forth in this section: Appliance installation is the act of installing gas plplng to fixtures, equipment, appliances and appartus of less than 500,000 BTU hourly input, using natural or artifical gas between the outlet of the meter set assembly or outlet of the service regulator, when a meter is not provided, and the inlet connection of fixtures, equipment, appliances or apparatus. Appliance installation shall include the venting of such fixtures, equipment, appliances and appartus where required. ... 1 - 4161 (Cont'd) ORDINANCE NO. "Appliance installer is any person who by his knowledge, training and experience is qualified to do appliance installation. . I Gas company shall mean the franchised distributor of gas in the city, pursuant to a franchise ordinance granted to such distributor or its successors or assigns and approved by vote of the electors of the city. Gas fitter is any person who by his knowledge, training and experience is qualified to do gas fitting. Gas fitting is the.act of installing gas plplng or any size fixtures, equipment, appliances or apparatus for transporting and using natural or artificial gas between the outlet of the meter set assembly or the outlet of the service regulator, when a meter is not provided, and the inlet connection of fixtures, equipment, appliances or apparatus using natural or artificial gas. Gas fitting shall include the venting of gas fixtures, equipment, apparatus and appliances where required. Installer is the person who does the gas fitting or appliance installation, as the case be. Master appliance installation contractor is any person engaged in the business of appliance installation in or in connection with any building or structure. Master gas fitting contractor is any person engaged in the business of gas fitting in connection with any building or structure or to serve any building or structure with natural or artificial gas. Any licensed plumber or plumbing contractor shall be considered a gas fitter and appliance installer or gas fitting contractor and appliance installation contractor under this title." I "Sec. 16-6. Gas Appliance and Gas Piping Code - Adopted. That certain code known and designated as the "Standards of the National Board of Fire Underwriters for the installation of gas appliances and gas piping as recommended by the National Fire Protec- tion Association, (NBFU 154), 1959 Edition," and amendments thereto be and the same is hereby adopted and approved for the purpose of regulating the installation, alteration and repair of gas appliances and gas piping system extending from the outlet of the meter set assembly or outlet of the service regulator and the installation and operation of residential and commercial gas appliances in the city and the area one mile beyond its corporate limits." "Sec. 16-7. Same - Filing of copies. Three copies of the code adopted by section 16-6 are hereby ordered filed in the office of city clerk, and the same shall remain on file in such office at all times for public use and inspection. A like number of copies of such code shall at all times be on file in the office of the city building department for like use and ins- pection." I . "Sec. 16-8. Examining board for gas fitters and installers created; membership. There is hereby created an eXailllnlng board for gas fitters and installers, which shall comprise of the chief building inspector, gas inspector, two appointees from the local heating trades group and one member from the gas company, all to be selected by the chief building inspector and approved by the council. One of such appointees shall be a regularly licensed master plumber, and one shall be a gas fitter duly authorized and licensed to install central heating hot air furnaces or other gas burning equipment." - 2 - ORDINANCE NO. 4161 (Cont'd) "Sec. 16-9. Interfering with, etc., automatic safety equipment prohibited and deemed a misdemeanor. . I Any owner of a gas installation which has been provided with automatic safety equipment, any employee or agent of such owner or any other person who shall block open by manual means or by any other manner whatsoever interfere with or defeat the purpose of such devices to function automatically in the interest of safety shall be guilty of a misdemeanor within the terms of this article, and subject to its penalties, as in the case of a violation of any other of its terms or provisions." "Sec. 16-10. Unlawful for unauthorized person to open, etc., gas main or gas service pipe. It shall be unlawful for any person except employees or agents of the gas company to open or make any connection to or do work on any gas main or gas service pipe of the gas company on the upstream side of the gas meter without written authorization of the gas company." "Sec. 16-11. Gas piping not to be used for electrical ground; gas piping, etc., not to be used in lieu of wiring; exceptions. The gas piping shall not be used for an electrical ground, nor shall electric circuits utilize gas piping, casing on controls, panels or other metal parts of the gas piping or appliance installation in lieu of wiring. This provision shall not apply to low voltage control and ignition circuits and to electronic flame detection device circuits incorporated as a part of the gas appliance or equipment." I Division 2. Gas Inspector "Sec. 16-12. Office created; authority to supervise gas installations; assistants. There is hereby created and established the office of the gas inspector, who shall be the chief building inspector, and he shall have supervision of all gas installation work in the city and the one mile area thereto. He shall have such assistance as may be necessary. Assistants shall be hired only after being examined and recommended by the chief building inspector. Any such assistant shall have the same power as the gas inspector." "Sec. 16-13. Duties generally. It shall be the duty of the gas inspector to issue permits and inspect all gas distribution from the outlet side of the meter and all gas installations, but to exclude gas mains, within the city and the one mile areaffijacent thereto and to investigate all cases reported to or referred to him of the use of imperfect materials or workmanship on any job of gas work or the violation of any of the provisions of this article by a plumber, gas fitter or builder and to report such fault or violation to the chief building inspector." I . "Sec. 16-14. Inspection of gas piping, etc. - To make inspection at request of installer, etc.; notice to installer, etc., of unsafe conditions; request for reinspection. It shall be the duty of the gas inspector to make inspections of any gas piping, appliance installation or connections at the request of the installer, department head, owner, agent, tenant, or occupant of any building or the premises where such gas piping work is located in order to ascertain whether or not the gas piping or appliances in such building or premises are in a safe condition. The inspector shall have the authority to enter any building or upon any premises at all reasonable hours to ascertain if the provisions of this article, or any ordinances - 3 - ORDINANCE NO. 4161 (Cont'd) . I relating to gas piping or appliance installations have been or are being violated or being complied with, and should the inspector, upon making such an inspection as requested by the installer, owner, agent, tenant or department head, find an unsafe or unsatisfactory installation, he shall have the authority to request the gas compan.y to shut off the appliance or service at the meter (depending upon the seriousness of the conditions as determined by the inspector), tag same, and he shall notify the installer immediately if the job is a new installation, or the owner, agent, tenant or one in charge of the property to cause the same to be remedied within a specified time, not exceeding ten days if the same is not a new installation. Should the installer, owner, agent, tenant or one in charge of the premises fail to make such corrections, changes or repairs or fail to notify the inspector to make a reinspection within the specified time after receiving such notification to comply therewith, he shall be considered maintaining an unsafe gas installation and violating the requirements hereof, and the inspector shall make a reinspection of the premises and report his findings to the chief building inspector, who shall in turn cause action to be taken in the proper court to secure compliance and the penalties as set forth in section 16-42 of this Code shall apply. It shall be the duty and the responsibility of the installer or one making such correction, changes or repairs to notify the inspector within forty-eight hours after completion of such correction, changes or repairs and request a reinspection." "Sec. 16-15. Same - Inspection required prior to covering installation. Before any part of any installation is covered from sight, a notification shall be given the gas inspector who shall, within forth-eight hours" inspect such part of the installation." "Sec. 16-16. Same - To place notice of approval or rejection of work on piping or appliance. I The gas inspector shall inspect the installation within forty-eight hours after having been notified and shall stick, paste or tie upon the piping or appliance a notice in printing or writing that the in- stallation has been either acc~ed or rejected. This notice shall give the name of the gas inspector, his title, and the date of accept- ance or rejection." "Sec. 16-17. Same - Procedure for reinspection. If, by reason of noncompliance with the provisions of this article or through the use of defective material or inferior workmanship, the approval of the gas inspector is not given and subsequent inspections become necessary, the installer shall notify the gas inspector when such work shall be ready for such subsequent inspection, which shall be made in the same manner as is hereinbefore provided. The fees for such re- inspection shall be the same as provided in section 16-40 for the issuance of a permit for gas fitting and appliance installation, with the exception that there shall be no minimum charge." "Sec. 16-18. "When inspector may require complete testing of existing system. I . "When permits have been issued for additional fixtures or piping or alterations to any existing system, the gas inspector may, if in his dis- cretion it is deemed necessary, require the installer to make a complete test of the whole system as is required for new systems." "Sec. 16-19. Authority to condemn existing installations; duty of property owner to eliminate hazardous conditions; penalty for failure to comply. Authority is hereby granted to the gas inspector to condemn any exist- ing gas installation which in his discretion is hazardous or dangerous to human life. It shall be the duty of the property owner to immediately Bliminate the hazardous conditions by removal or repair of these conditions. Failure to do so will be a violation of the provisions of this article." -4 - 4161 (Cont'd) ORDINANCE NO. USec. 16-20. To maintain records of inspections and tests. . I The gas inspector shall keep a complete record of all inspections and tests made by him as such inspector and make such reports as may be required by the superintendents of other departments, except it shall not be necessary to report the tests made on old work. New work shall be designated as any piping or appliance install- ation that has been operated for more than one year." Division 3. Registration of Gas Fitters. "Sec. 16-21. Application. Application for registration shall be made in writing to the building department at the office of the chief building inspector upon blanks furnished by that office which shall show the name, residence and business location of the applicant and such other information as may be required." "Sec. 16-22. Fees for registration. license and examination; disposition of fees. The following fees shall be charged for registration and examina- tion. Master contracting gas fitter's license fee------------ Master gas fitter's registration card------------------ Journeyman gas fitter's registration card-------------- Master gas fitter's examination fee-------------------- Journeyman gas fitter's examination fee---------------- $50.00 5.00 3.00 5.00 3.00 I Examination fees only shall be equally distributed among the examining board, but to exclude the gas inspector and chief inspector; all other fees shall be paid to the building department, and upon payment of any and all other fees, the chief inspector shall make a receipt in duplicate to be filed in his office." USec. 16-23. Examination - Prerequisite to registration; eligibility for re-examination. Before the applicant shall be registered as a master gas fitter, contractor or journeyman, as the case may be, he shall submit to an examination to determine his fitness and competency to engage in the business, trade or ailing of gas piping or gas appliance installation work, as the case may be, which examination shall be given by the examining board for gas fitters as hereinabove provided. Upon the payment of the required registration fee hereinbefore set forth, such applicant after having by such examination shown himself to be fit, competent and qualified to engage in the business, trade or calling of a master or journeyman gas fitter, as the case may be, shall be registered by the chief building inspector, who shall deliver to such applicant a certificate of registration, signed by the chief building inspector. I . An applicant failing to pass an examination shall not be eligible for re-examination until ninety days shall have elapsed after the previous examination. Should he fail after the third examination, he shall not be eligible for a period of one year thereafter to take an additional examination. He shall pay an examination fee for each re- examination required." "Sec. 16-24. Same - Eligibility requirements for journeyman's and master's examination. An applicant must have worked under the superVlslon of a licensed journeyman and master gas fitter for a period of two years before being eligible to take a journeyman gas fitter's examination, and a journey- man gas fitter shall not be eligible to take a master gas fitter's examination until one year after his registratbn as a journeyman gas fitter." - 5 - ORDINANCE NO. 4161 (Cont'd) "Sec. 16-25. Bond or liability insurance - Required. . I Every person applying for registration as a gas fitter or installer shall deliver to the city clerk, to be filed in his office, a bond with sureties to be approved by the city council in the sum of twenty-five thousand dollars, which bond shall indemnify the city from all liability, claims, damages, judgments, costs and expenses of every nature and description caused by or growing out of the making of any and all gas applicance or gas piping installations of any type whatsoever, including all vent pipes or connections, all auto~ic or manual controls, all safety devices of any and every nature applying to or relating in any manner whatsoever to gas burning applicance installation. As an alternative to the filing of a bond, the provision may be satisfied by the apP4icant carrying bodily injury and property damage liability insurance coverage in his own name and, in addition, de- po~ing with the city a protective liability insurance policy including coverage for completed operations issued in the name of the city, insuring the city against third party bodily injury and property damage liability claims arising out of occurrences in connection with applicant's operations as a licensed plumber in the city. Such insurance shall be for limits of not less than twenty-five thousand dollars for each policy and shall be written on forms approved by the insurance comm- issioner of the state by an insurance company authorized to do business in the state. In the event of cancellation of any such insurance, thirty days' advance notice shall be given to the city." "Sec. 16-26. Same - Plumber to furnish bond or insurance prior to working as gas fitter. I Any person licensed as a plumber in the city shall be required to furnish the bond or the insurance policy in the amounts as herein required before he shall be entitled to operate as a gas fitter under the provisions of this division." "Sec. 16-27. Same - Revocation of registration certificate upon expiration of bond or insurance. Any registration certificate issued to a gas fitter under the provisions of this division shall be revoked by the mayor and city council should the holder of such registration certificate permit the bond and the insurance policy herein provided for to expire or lapse." "Sec. 16-28. Same - Exemptions from bond or insurance requirements. Any applicant for a license who is distributing gas in the city under a franchise approved by a vote of the electors of the city or who is an employee of such distributor shall be exempt from furnishing and filing the bonds or certificates of insurance provided for in this division so long as he is a bona fide full time employee, officer, member or partner of a gas fitting contractor or appliance installation contractor who has filed or is exempt from filing the insurance certi- ficates or bonds required by this section." I . "Sec. 16-29. Conditions for issuance and maintenance of gas fitting, etc., contractor's license. Every gas fitting contractor and appliance installation contractor shall be required at all times to have a licensed journeyman gas fitter and appliance installer in charge of all work as a condition for the issuance and maintenance of his license." - 6 - ORDINANCE NO. 4161 (Cont'd) "Sec. 16-30. Conditions for registration of corporation, etc.; grounds for revocation of certificate of registration. . I Any corporation, firm or partnership which may be registered hereunder as a gas fitter in the name of such corporation, firm or partnership shall have a master gas fitter who has submitted to the examination given by the examining board for gas fitters and install- ers and has thereby shown himself fit, competent and qualified to engage in the business, trade, or calling of gas fitting and installing as a bona fide officer of such corporation or as a member of such firm or partnership and who shall at all times be in actual charge of and be responsible for the installation, removal or repair of any gas fitting work done by such corporation, firm or partnership. Be- fore such corporation, firm or partnership shall be registered in its corporate, firm or partnership name as a gas fitter, there shall be filed with the chief building inspector a certificate from the examining board of gas fitters showing the fitness and competency of such officer of such corporation or such member of such firm or partnership to engage in the business or calling of master gas fitters; provided, if, after a certificate of registration is issued such corporation, such member of such firm or partnership shall withdraw therefrom and cease to be connected therewith, then and in that event the city council shall forthwith revoke the certificate of registration of such corporation, firm or partnership upon the request of the chief building inspector." "Sec. 16-31. Unlawful to engage in business of contracting gas installation and appliance work if not registered as master contracting gas fitter. I It shall be unlawful for any person to engage in the business of contracting gas installation and appliance work of any nature without first being registered as a master contracting gas fitter or installer qualified under the provisions of this division; further, master con- tracting gas fitters or installers shall be bonded and duly authorized as provided for in this division. Journeyman gas fitters and installers shall work under the super- vision of a master contractor and are prohibited from engaging in the business of contracting gas fitter or installer within the scope of this division." "Sec. 16-32. Expiration of registration; assignability; revocation upon failure to pay fees. Such registration shall expire on the thirty-first day of December following the date thereof and shall not be assignable. If registration and license fees are not paid within thirty days, the license shall automatically be revoked." "Sec. 16-33. Grounds for revocation; revocation additional to other penalties; application for reregistration. I . The council by a majority vote shall have the power to revoke any gas fitter's or master gas fitter's certificate or registration upon the recommendation of the chief building inspector and examining board for gas fitters if the same was obtained through error or fraud or if the recipient thereof is shown to be grossly incompetent or has a second time willfully violated any of the provisions of this article or the gas fitter's code of the city. This penalty shall be cumulative and in addition to the penalties prescribed for the violation of the provisions of this article. If a certificate of registration be revoked, the holder of the same shall not apply for registration until one year from the date of such revocation." - 7 - ORDINANCE NO. 4161 (Cont'd) "Sec. 16-34. Renewal of certificate upon payment of fees; when re-examination necessary. . I Certificates of registration at the time of their expiration may be renewed upon recommendation of the chief building inspector for gas fitters without an examination upon payment of the required registration and license fees. Any person licensed under the provisions of this division as a master or journeyman gas fitter who does not renew his license within a period of one month after the expiration of same shall pay the examination fees required by this division, and submit to an examin- ation by the examining board before such person can be licensed here- under." "Sec. 16-35. Persons not required to register. Any person engaged in dealing inplumbing or gas connecting materials or supplies but not engaged in the installation, alteration, repair or removal of gas piping or appliances shall not be required to register hereunder." "Sec. 16-36. Unlawful for registered gas fitter to allow another person to use his name; penalty for violation of section. I No registered gas fitter shall allow his name to be used by another person directly or indirectly either to obtain a permit for the installa- tion of any gas fitting, as hereinafter required, or to do any gas fitting work, and if any registered gas fitter violates this provision, the city council shall forthwith revoke the certificate of registration issued to such gas fitter, and in addition to having his certificate of regis- tration revoked, such gas fitter may be prosecuted under section 16-42 for such violation." "Sec. 16-37. Unlawful to allow unregistered gas fitter to perform work. It shall be unlawful for any person to cause or permit any job of gas fitting or making any gas connection incident to any property owner, managed or controlled by such person unless the fitter performing such work has been registered as required by this division and has received a permit from the chief building inspector for such particular work; and any such person causing or permitting any such work to be done in violation of the provisions hereof shall be guilty of a violation of this division and subject to the penalties hereinafter provided for such violation." Division 4. Permit to Perform Gas Fitting em, Work. "Sec. 16-38. Required; to whom issued; term. I . Before any new gas fitting or appliance installation is started or any repairs are made to existing gas fitting or appliance installation inside any building or structure, except the stoppage of leaks or minor repairs or adjustments, a permit shall be obtained from the chief build- inspector and the required fee paid to the city building department. No permits shall be issued to anyone except a licensed master gas fitting contractor or his authorized journeyman gas fitter. All gas fitting or appliance installation work shall be inspected by the gas inspector. All gas fitting or appliance installation permits shall expire and become invalid sixty days after the date of their issuance." - 8 - 4161 ORDINANCE NO. (Cont'd) "Sec. 16-39. Issuance; information contained in permit. . I Upon approval of the application for permit, the gas inspector shall issue a permit in duplicate to the applicant, stating the name of the owner, agent or occupant of premises where such work is to be done, the location of premises, lot, block, s-ooet and number and addition, the name and location of the master gas fitting contractor having charge of such work and a description of the work to be done." "Sec. 16-40. Fees. The applicant, upon application for permit to do any gas fitting or appliance installation, shall pay the following fee to the city building department prior to the issuance of such permit: For any gas appliance except warm air gas-fired furnaces and gas-fired boilers --------------------------------- Warm air gas-fired furnaces, each ------------------------- Gas-fired boilers, each ----------------------------------- Reinstallation of gas appliances, each -------------------- Gas outlets, each ----------------------------------------- Minimum --------------------------------------------------- $1.00 1.50 1.50 1.00 1.00 2.00 Fees shall be doubled on any work commenced prior to the purchase or issuance of a permit." "Sec. 16-41. To be kept on premises where work performed. I It shall be the duty of the installer to keep all permits on the premises where the work for which the permit was issued is being done until such time as the work is completed, inspected, tested and accepted by the gas inspector." Division 5. Penalty. "Sec. 16-42. Penalty for violafun of article. It shall be unlawful for any person upon whom a duty is placed by the provisions of this article to fail or neglect to comply with the provisions thereof, and every person failing or neglecting to comply with or violating any of the provisions of this article, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in any sum not exceeding one hundred dollars and shall stand committed to the city jail until such fine and costs of prosecution are paid; each day's failure or neglect to comply with or the violation of any of the provisions of this article shall be cumulative and d.eemed a separate and distinct offense and punishable as such. The penalty provided for in this section shall be cumulative and in addition to any other penalty provided for in this article." SECTION 2. That Ordinance No. 3878, as amended hereby, be, and hereby is, incorporated in the Grand Island City Code as provided by Section 4 of Ordinance No. 3843 adopting such Code. I . SECTION J. All rights or remedies are expressly saved as to any and all violations of such Ordinance No. 3878 that have accrued at the time of the effective date of this Ordinance. SECTION 5. This Ordinance shall take effect, as by law provided, from and after its passage, and publication within thirty days in one issue of Enacted this Island Daily Independent.,? tj'. [J, ~/ t' --' / " / _ day of '.'" /'. ' 1964. ~-~ //) () ~.. President of the Council L/ / Ci ty Clerk the Grand Attest: . I I I . :7 ORDINANCE NO. 41 CS2 An Ordinance to amend Chapter 2 of the Grand Island City Code entitled "Administration" by adding thereto a new article numbered "VI" entitled "Emergency Interim Successors"; to incorporate in such code the provisions of Ordinance No. 3868 invoking the provisions of the Nebraska General Emergency Succession Act and the designation of certain officers who shall appoint alternates in accordance with said Act; and to provide the effective date of this Ordinance: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Chapter 2 of the Grand Island City Code, entitled "Administration" be, and hereby is, amended by adding thereto a new article numbered "Article VI", entitled "Emergency Interim Successors", reading as follows: "ARTICLE VI. EMERGENCY INTElill'l SUCCESSORS. "Sec. 2-65. General Emergency Succession Act - Declaration of city's desire to adopt. In accordance with the terms and conditions of the state General Emergency Succession Act (sections 84-1101 to 84-1117, Revised Statutes Supplement, 1959), hereinafter referred to as "such act," the mayor and council declare that it is necessary to invoke the provisions of such act in the city." "Sec. 2-66. Same - Adoption; effective date. The provisbns of such act be and they hereby are invoked in this city and shall become and be binding upon the officers of the city government on and after the effective date of this article." "Sec. 2-67. Certain officers to appoint emergency interim successors. (a) As provided in such act, the following officers of the city shall appoint emergency interim successors (alternates) to the powers and duties of their respective offices: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) Each member of the city council The administrative assistant The police judge The chief of police The chief of the fire department The city attorney The city clerk The city treasurer The city engineer The utilities commissioner The city physician The city cemetery sexton The city airport manager The city superintendent of the disposal plant The city sanitarian The city building inspector - 1 - 4162 ORDINANCE NO. (Cont'd) . I neb) The provisions of subsection (a) of this section are not exclusive, however, and shall not be construed in such a manner as to prohibit the appointment of alternates by any other duly elected or appointed officers of this city, including but not limited to the head of any department or section or the members of any board or other agency of the municipal government, or as to excuse the failure on the part of any such officer to make such appointments, when clearly required by such act.n SECTION 2. That Ordinance No. 3868, be, and hereby is, incorporated in the Grand Island City Code as provided by Section 4 of Ordinance No. 3843 adopting such Code. SECTION 3. All rights or remedies are expressly saved as to any and all violations of such Ordinance No. 3868 that have accrued at the time of the effective date of this Ordinance. 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~J1 .v-: , 1964. Presiden~\of the Council I ATTES.T.. :) ./. '---J_ - . \...,/') ~~ City Clerk l--/ I . - 2 - ORDINANCE NO. 416'3 An Ordinance to amend Article II - Municipal Service, of Chapter 12 of the Grand Island City Code, entitled "Electricity" by: incorporating in Division 1 thereof as Section 12-51 entitled "Basic Deposit Requirements" . I in lieu of original Section 12-51; adding to Division 1 thereof a new section, "Section 12-52" entitled "Reconnection Charge"; adding to Division 2 thereof a new section, "Section 12-60.2" entitled "Rural All Electric Home Rates"; amending Sections 12-74, 12-75, 12-79, 12-83; repealing and deleting Section 12-85; adding to Article II a new division numbered "10" entitled "Rate Adjustments"; providing basic deposit requirements, rural all-electric home rates, minimum charges under rural rates, availability and determination of demand standards, providing for fuel cost adjustments, and establishing delinquent account penalties and for collection thereof; repealing all provisions of the Grand Island City Code, ordinances, and parts of ordinances, as heretofore existing, in conflict herewith; and, to provide the effective date hereof. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND I ISLAND, NEBRASKA: SECTION 1. Thatthere is incorporated in Division 1, Article II, of Chapter 12 of the Grand Island City Code as "Section 12-51, Basic Deposit Requirements", in lieu of original Section 12-51 deleted from such code by Ordinance No. 4158, and, such Division 1, Article II is hereby amended to read as follows: "Section 12-51. Basic Deposit Requirements. Basic deposit------------- Residence ---------------- $20.00 Basic deposit------------- Housetrailer ------------- 25.00 Basic deposit------------- Commercial --------------- 50.00 Basic deposit------------- Business office ---------- 10.00 Amount(s) of continuing deposit(s) shall be in such amount(s) as fixed by the Commissioner of Utilities, but in no case exceed two months maximum billing. I . Any billing delinquent fifteen days shall be deducted from deposit. Service may be disconnected upon failure of customer to maintain required deposit. When the service to any consumer is permanently disconnected, such deposit, less the amount of any unpaid bill, shall be returned without interest." - 1 - ORDINANCE NO. 416'3 (Cont'd) SECTION 2. There is incorporated in Division 1, Article II of Chapter 12 of the Grand Island City Code as "Section 12-52, Collection Penalties" in lieu of original Section 12-52 deleted from such code by Ordinance No. . I 4158, and, such Division 1, Article II is hereby amended to provide as follows: "Section 12-52. Reconnection Charge. 1. All bills are due when received. 2. A $2.00 service charge shall be collected before reconnection in each instance of disconnection for non- payment of billing, provided, such service charge shall be $3.50 if reconnection is demanded after business hours." SECTION 3. There is added to Division 2, Article II, Chapter 12 of the Grand Island City Code as "Section 12-60.2 - Rural All Electric Home Rates", and, such Division 2, Article II is hereby amended to provide as follows: "Section 12-60.2. Rural All Electric Home Rates. I Customers located outside the city limits, within the territory served by the City, desiring electrical energy for an all-electric home, shall meet all the requirements of Section 12-60.1, supra, and pay for energy supplied at the following rates, to be recorded through a single meter and billed as follows: First 150 KWH Over 150 KWH $7.15 Minimum 0.015 per KWH" SECTION 4. Section 12-74 - Applicability, Etc., Division 5, entitled Division 5 - Rural Rate, be, and hereby is, amended to read as follows: "Section 12-74. Applicability, etc. Such rural rate shall be applicable to electric energy supplied other than "All Electric Home" for lighting, electric cooking, water heating, refrigerators, domestic appliances and single phase motors up to and including 10 HP; served through one meter, subject to the customer meeting the City's requirements." SECTION 5. Section 12-75 - Minimum charges, Division 5, entitled Division 5, Rural Rate, be and hereby is amended to read as follows: "Section 12-75. Minimum charges. I . The minimum charge under the rural rate shall be as follows: 3 KVA through 15 KVA T:ransformer --- 50 KWH --- $4.00 per month." - 2 - ORDINANCE NO. 4163 (Cont'd) SECTION 6. Section 12-79 - Availability, Etc., Division 6, entitled Division 6 - Rural Irrigation Rate, be, and hereby is, amended to read as follows: . I "Section 12-79. Availability, etc. The schedule of rates set forth in Section 12-78 is available for irrigation service from existing lines to motor installations of ten horsepower or more, subject to the customer meeting the City's requirements." SECTION 7. Section 12-83 - Determination of demand, Division 7, entitled Division 7 - Optional Power Rate, be, and hereby is, amended to read as follows: "Section 12-83. Determination of demand. Under the optional power rate, the demand shall be the maximum measured thirty minute demand per month and shall not be less than 100 per cent of the maximum demand in the preceding eleven months and shall be not less than 50 kilowatts." SECTION 8. That Section 12-85, Division 7, entitled Optional Power Rate, of Article II of Chapter 12 of the Grand Island City Code, be, and hereby is, repealed and deleted from such Grand Island City Code. SECTION 9. That Article II of Chapter 12 of the Grand Island City Code I be, and hereby is, amended by adding thereto a new division numbered '~ivision 10" entitled '''Rate. Adjustmen~t, reading as follows: "DIVISION 10. RATE ADJUSTMENTS" "Section 12-100. Rate Ad.iustments. "Rates established by Chapter 12, entitled "Electricity" may be adjusted from time to time hereafter by resolution of the City Council. Rate adjustments, other than for changes in fuel costs, shall become effective commencing with the first day of the calendar month following the adoption of such resolution. Rate adjustments for changes in fuel cost from July 1964, or subsequent, base cost of fuel used by the City for generating electricity, may by resolution be put in force and effect commencing with the first day on which such an increase in cost takes effect." SECTION 10. Separability. Each section and each provision or I . requirement of each section of this ordinance shall be considered separately and the invalidity of any portion hereof shall not affect the validity or enforcibility of any other portion. SECTION 11. That Sections 12-74, 12-75, 12-79, and 12-83, of the Grand Island City Code, and any ordinances and parts of ordinances as heretofore existing in conflict herewith, are hereby repealed, provided all rights or remedies as to any and all violations of such sections of Grand Island City Code and ordinances and parts of ordinances that have accrued at the effective time of this ordinance are expressly saved. - 3 - ORDINANCE NO. 416'3 (Cont'd) SECTION 12. This ordinance shall take effect, as by law provided, from and after its passage, ,and publication within thirty days in one . I issue of the Grand Island Daily Independent. Enacted this J day of &~ , 1964. ~~ President of the Council ATTEST: C/) )' jL~",_.._",,-,- / J City Clerk ( .' I I . - 4 - \\/ / ORDINANCE NO. 4164 An Ordinance vacating: That part of West John Street between Ingalls Street and Curtis Street; the alleys in Blocks Three (3) and . I Six (6) in Gladstone Place, an addition to the City of Grand Island, Hall County, 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 by reason of the provisions of Section 16-611, R.R.S. 1943. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1: That Blocks Three (3) and Six (6) in Gladstone Place, an addition to the City of Grand Island, Hall County, Nebraska, are, and will continue to be used for public school purposes, namely, as the site of a grade school building and related and necessary playground areas, known as Gates School. SECTION 2. That the closing of West John Street between Ingalls Street and Curtis Street in the City of Grand Island, and the alleys in I Blocks Three (J) and Six (6) in such Gladstone Place, is necessary for the safety of pupils attending such Gates School to the end that such Blocks Three (J) and Six (6) may be utilized to the fullest extent for public grade school purposes. SECTION 3. That the use of such alleys and part of West John Street for school site and playground purposes will be of greater value and con- venience to the public than as alleys and streets, provided, rights-of-way therein for public utilities with rights of ingress and egress thereto are reserved for the benefit of the public. SECTION 4. That that part of West John Street between Ingalls Street and Curtis Street and Blocks Three (J) and Six (6) in Gladstone Place, an I . addition to the City of Grand Island, Hall County, Nebraska, and the alleys in Blocks Three (3) and Six (6) in such Gladstone Place, all according to the plat and dedication of such Gladstone Place, be, and the same are, hereby vacated, provided and conditioned that the City of Grand Island reserves the right to construct, operate, maintain, extend, repair, replace and remove public utilities, including sanitary sewers, water mains, power - 1 - ORDINANCE NO. 4164 (Cont'd) lines, manholes, and other appurtenances, and the right of ingress and egress through and across such alleys and such part of West John Street . I and any other rights the City may be entitled to by reason of the provisions of Section 16-611, R.R.S. 1943. SECTION 5. 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 the ~/SI day of September, 1964. 3~ President of the Council ATTEST: tft;r~ City Clerk I I . - 2 - 4165 , 'j; 1// ORDINANCE NO. An Ordinance amending Section 1 (c) of Ordinance No. 3284 of the ordinances of the City of Grand Island, Nebraska; fixing the maximum speed limit for vehicular travel on South . I Locust Street from the south city boundary line to the south line of West Charles Street; providing for the erection of the necessary signs designating such speed limits; providing penalties; amending Sec. 20-86, Chapter 20, Article 2, en- titled "Motor Vehicles and Trafficlf of the Code of the City of Grand Island in conflict herewith; repealing ordinances or parts of ordinances of the ordinances of the City of Grand Island, Nebraska in conflict herewith; providing an effective date. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Sec. 1 (c) of Ordinance No. 3284 of I the ordinances of the City of Grand Island, Nebraska be amended to read as follows: "Sec. 1 (c). (i) No motor vehicle shall be driven at a rate of speed in excess of forty-five (45) miles per hour on that part of South Locust Street lying between the south city boundary line and a line 300 feet south of and parallel to the center line of Stolley Park Road. (ii) No motor vehicle shall be driven at a rate of speed in excess of forty (40) miles per hour on that part of South Locust Street lying between a line 300 feet south of a~paral1e1 to the center line of Stolley Park Road and the south line of Nebraska Avenue. I . (iii) No motor vehicle shall be driven at a rate of speed in excess of thirty (30) miles per hour on that part of South Locust Street lying between the south line of Nebraska Avenue and the south line of West Charles Street." SECTION 2. That the Department of Roads of the State of Nebraska may furnish, erect, and maintain all necessary signs to designate the speed zones as provided for in Section 39-714.03, R.S. Supp., 1963. - 1 - 4165 ORDINANCE NO. (Cont'd) SECTION 3. That any person violating the provisions of this ordinance shall, upon conviction, be fined in any sum not ex.ceeding $100 for each offense and shall stand . I committed to the city jail until such fine and costs of prosecution are paid, secured, or otherwise discharged according to law. SECTION 4. To the extent that anything herein con- tained is in conflict with Sec. 20-86, Chapter 20, Article 2, entitled "Motor Vehicles and Traffic" of the Code of the City of Grand Island, Sec. 20-86, Chapter 20, Article 2, entitled "Motor Vehicles and Traffic" of the Code of the City of Grand Island is hereby amended to conform with this ordinance. SECTION 5. That all ordinances or parts of ordinances I or provisions in the Grand Island City Code in conflict herewith, be, and the same are, hereby repealed. SECTION 6. That this ordinance shall be in force and eke 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 :2/ .1'-1.- day of September, 1964. ~~~-- President of Council I . - 2 - ORDINANCE NO. u166 An Ordinance to amend the Grand Island City Code by adding thereto a new Chapter identified as "Chapter 19A and entitled ''Mobile Home Parks"; . I to incorporate in such code sections 1 through 27 of Ordinance No. 3851, as amended hereby, pertaining to trailers, mobile homes and trailer or mobile home parks in the City of Grand Island and in the area one mile beyond its corporate limits, defining and regulating mobile home parks, establishing minimum standards governing the construction and maintenance of mobile home parks, establishing minimum standards governing the provided utilities, facilities and other physical things and conditions to make mobile home parks safe, and duties of owners and operators of mobile home parks, the issuance of permits, collection of fees, authorizing inspection, prohibiting parking of mobile homes on private property, fixing penalties for violations; repealing Ordinances Nos. 1908 and 1924; to delete Sections 34-1, 34-2, and 34-4 through 34-29 of Chapter 34 entitled "Trailers and Trailer Camps" of the Grand Island City Code, as heretofore existing; to repeal Section 34-3 of Article II of Chapter 34 I entitled "Trailers and Trailer Camps" of the Grand Island City Code, as heretofore existing, and all ordinances and parts of ordinances in conflict herewith, and to provide the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the Grand Island City Code be, and hereby is, amended by adding thereto a new Chapter numbered "Chapter 19A" entitled ''Mobile Home Parks", reading as follows: "CHAPTER 19A" MOBIIE HOME PARKS Sec. 19A-l. Definitions. I . For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section: Chief building inspector means the legally designated authority of the city or his authorized representative. Independent mobile home means a mobile home which has a flush toilet and a bath or shower. - 1 - ORDINANCE NO. 4166 ~ (Cont'd) "Mobile Home. A "mobile Home," also known as a "trailer," means any vehicle or similar portable structure designed for use as a con- veyance upon highways, having no foundation other than wheels or removable jack and so designed or constructed as to permit occupancy for dwelling or sleeping purposes. . I Mobile home park means 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 meaning as "trailer court" or "mobile home court". Permit means a written permit issued by the chief building inspector promulgated thereunder. Service building means a building housing toilet and bathing facilities for men and women with laundry facilities and such other facilities as may be required by this chapter. Sec. 19A-2. Jurisdiction of chapter. It is intended that the proVlslons of this chapter shall be enforced within the city and in the one mile area beyond its corporate limits insofar as compliance with regulations is possible. Sec. 19A-J. Permit to conduct mobile home park - Required. It shall be unlawful for any person to open, conduct, establish or maintain any place or ground for the purpose of a mobile home park unless a permit so to do shall have first been issued by the city. Sec. 19A-4. Same - Applications - New permits. I Applications for a mobile home park permit shall be in writing and signed by the applicant or his authorized agent and shall contain the following: (1) The name and address of the applicant. (2) The interest of the applicant in and the location and legal description of the mobile home park. (J) A complete plan of the mobile home park, showing compliance with all applicable provisions of this chapter and regulations promulgated thereunder. (4) Such further information as may be requested by the chief building inspector and the chief sanitarian to enable them to determine that the proposed mobile home park will comply with legal requirements. Sec. 19A-5. Same - Same - Renewed permit. Applications for renewal of permits under this chapter shall be made in writing by the holder of the permit or his authorized agent and shall contain the following: I . (a) Any change in the information submitted since the time the original permit was issued or the latest renewal granted. (b) Such other information as the proper city officials may require. Sec. 19A-6. Same - Same - Park plan to be filed. The applicant for a permit required by this chapter or his authorized agent shall file with the chief building inspector a complete plan showing: (a) The area and dimensions of the tract of land to be used for such mobile home park. (b) The number, location, and size of all mobile home spaces. - 2 - ORDINANCE NO. 4166 (Cont'd) (c) The location and width of roadways and walkways. (d) The location of service buildings and any other proposed structures. (e) The location and size of water and sewer lines. . I (f) Plans and specifications of all buildings and other improve- ments constructed or to be constructed within the mobile home park. Sec. 19A-7. Same - Investigation of plans and premises prior to issuance; city council to approve or reject application. Before any permit is issued to construct a mobile home park, it shall be the duty of the chief building inspector and the chief sanitarian to examine the plans and specifications of such park on file, as well as the proposed premises on which such park is to be constructed for the purpose of ascertaining whether or not all ordinances pertaining to zoning, plumbing, heating and electrical installations have been observed and if all regulations of the city concerning the construction and operation of sewer and water mains and the handling and removal of garbage comply with city ordinances and the laws of the state. The application for such permit together with the findings and recommendations of the chief building inspector and the chief sanitarian shall then be referred to the city council for its approval or rejection. Sec. 19A-S. Same - Fee. I If the city council grants such permit required by this chapter to any such applicant, it shall thereupon direct the chief building inspector to issue such permit upon Prepayment of a permit fee in the a~ount of twenty-five dollars to the building department, which fee shall be paid annually. Sec. 19A-9. Same - Same - Distribution. The fees which are to be paid to the city as set forth in the preceding section shall be credited by the city treasurer one-half thereof to the health department fund and one-half to the building department fund. Sec. 19A-IO. Same - Revocation for violation of city ordinances or ~te laws; notice of violation; hearing. If any operator of a mobile home park to whom a permit has been issued shall continue to violate the ordinances of the city or the laws of the state pertaining to sanitation, public health and welfare after due notice by the officials of the city or the state of such violation, the city council shall have the right to revoke his permit to operate such park in the following manner: I . A notice shall be served on the person holding such permit, setting forth wherein permittee has failed to comply with the ordinances of the city or laws of the state and citing him to appear before the city council at a day and hour therein specified, not less than three days nor more than seven days after the personal service of such notice on such permittee or his agent in charge of such mobile home park and show cause, if any, why such permit should not be revoked or suspended. At the time and place mentioned in such notice, the permittee shall have the right to appear in person or by counsel and to introduce such evidence as he may desire. Sec. 19A-II. Same - Transferability. No permit issued under the provisions of this chapter shall be transferable. - 3 - 4166 (Cont'd) ORDINANCE NO. Sec. 19A-12. Same - Expiration. All permits granted hereunder shall expire on the thirty-first day of December following the date of issuance unless sonner revoked. . I Sec. 19A-IJ. Parking on private property prohibited; exceptions; notice to remove. It shall be unlawful for any person to park any mobile home or permit the parking of any mobile home on private or public property unless otherwise provided in this section. Any person engaged in the business of selling mobile homes shall be permitted to use one mobile home on the lot or tract of land where such established business is conducted for a business office or for accommodations for the manager, salesman, attendant or watchman. Such mobile home used for such purposes may be connected with the sanitary sewer, city water main and electric power line. It shall be unlawful for any person to park or keep any mobile home or trailer used for living or sleeping purposes on any public or private property except in approved mobile home parks or as herein provided, on tracts of land where an established business of buying, trading and selling mobile homes and trailers is conducted. I Any mobile home or trailer parked and kept in violation of this chapter shall be removed from the premises on which it is being parked or kept, and it shall be the duty of the chief building inspector or his assistants to enforce the provisions of this section. A written notice shall be served upon any person violating the provisions of this section, and such mobile home or trailer shall be removed from the premises within ten days from the date of such written notice, with the provision that any mobile home parked on private property already being lived in at the time of the passage of this chapter within the corporate limits of the city and which is not in violation with any of the other provisions of this chapter may continue to remain at the particular location where parked; with the further provision that any mobile home that is now occupied cannot be replaced, extended or enlarged, and when the mobile home permitted by this exception is no longer used as living quarters, it shall be removed and cannot be replaced by any- thing in conflict with this chapter. Nothing contained in this section shall be construed to prevent the keeping and parking of trailers used for carrying luggage, baggage and boats on private property, nor shall it be construed to prevent the owner of a trailer used for vacation and camping purposes from storing or keeping the same on private property if the same is not used for living or sleeping purposes where kept and stored. Sec. 19A-ILr. Semiannual inspections of mobile home parks; owner to be furnished with report of inspection. I . It shall be the duty of the chief sanitarian and the chief building inspector to inspect all mobile home parks now existing in the city and in the area one mile beyond its corporate limits and all mobile home parks hereafter established at least semiannually. No charge shall be made for such inspection, and the owners of such mobile home parks shall be furnished in writing the results of such inspection. Sec. 19A-15. Register containing record of mobile homes in park, date of arrival, etc., to be kept. It shall be unlawful for any person, as owner or operator of any mobile home park, to fail to keep a register containing a record of all mobile homes kept on his premises in the ordinary course of business, specifying the date of arrival and date of departure, full name and permanent address of the owner; such register shall at all times be open for inspection to police officials or other officials of the city. - Lr - ORDINANCE NO. 41. 66 (Cont'd) Sec. 19A-16. Park grounds, equipment, etc., to be kept in clean sanitary condition and in good repair. . I Every person owning, operating or caring for a mobile home park shall maintain such park ground, service buildings, baths or other permanent equipment in connection herewith in a clean and sanitary condition and shall maintain such equipment in a state of good repair and shall in all respects comply with all the ordinances of the city. Sec. 19A-17. Restriction on location of parks. It shall be unlawful for any person to erect or conduct a mobile home park within the city or in the one mile area beyond its corporate limits except in districts zoned for that purpose. Sec. 19A-lS. Location, area and general layout requirements. The mobile home park shall be located on a well drained site and shall be so located that its drainage will not endanger any water supply. All such mobile home parks shall be in the areas free from marshes, swamp or other potential breeding places for insects or rodents. The area of the mobile home park shall be large enough to accommodate: (a) The designated number of home spaces. (b) Necessary stre~ts and roadways. (c) Off-street parking of automobiles shall be provided. Parking spaces may be provided on unit space where trailers are parked, by separate parking areas or both. I Each independent mobile home space shall contain a minimum of two thousand eight hundred square feet. Every mobile home space shall abut on a driveway or other clear area with unobstructed access to a public street. Such places shall be defined. Mobile homes shall be parked in such spaces so that there will be a minimum of fifteen feet between mobile homes and so that no mobile home will be less than ten feet from the exterior boundary of the mobile home park. It shall be unlawful to locate a mobile home less than twenty- five feet from any state highway or so that any part of such mobile home will obstruct any roadway or walkway in a mobile home park. It shall be unlawful to allow any mobile home to be occupied in a mobile home park unless the mobile home is situated on a mobile home space. Access roads shall be provided to each mobile home space. Each access road shall provide for continuous forward movement, shall connect with a street or highway and shall have a minimum width of forty feet. Sec. 19A-19. Water supply. I . An adequate supply of potable water from the city's water system for drinking and domestic purposes shall be supplied to meet the require- ments of such park ground. Such water supply shall be connected by pipes to all mobile home spaces for connection to mobile home units. (See section 19A-30 for exception). Sec. 19A-20. Sewage disposal. Each mobile home park shall have an adequate connection with the sanitary sewer system of the city, and there shall be a sanitary sewer connection on each unit space in such park for connection with mobile homes when unit spaces are occupied. It is expressly provided that when such unit spaces are unoccupied the outlet in the sanitary sewer shall be capped by a device which would require tools to remove (See section 19A-30 for exception). - 5 - ORDINANCE NO. 4166 (Cont'd) Sec. 19A-21. Mobile home parks having private water supply and disposal system to conform to National Plumbing Code. . I In all cases where mobile home parks are so situated that connections with the city water main or with the sanitary sewer system are not available, the private water supply of such mobile home park and the sanitary disposal system therefor shall be located and constructed or reconstructed to meet standards approved by the National Plumbing Code of the city. Sec. 19A-22. New buildings to be constructed in conformance to Building Code of city. The construction of the buildings in any mobile home park to be erected after the passage and approval of this chapter, shall be in accordance with the rules and regulations governing the construction of buildings as set forth in the Building Code of the city. Sec. 19A-23. Regulations concerning refuse storage and collection. The storage, collection and disposal of refuse in the mobile home park shall be so managed as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution. All refuse shall be stored in containers approved by the city sanitation department or an incinerator as approved by Ordinance No. 3285. Containers shall be provided in sufficient number and capacity to properly store all refuse. I Racks or holders shall be provided for all refuse containers. Such container racks or holders shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration and to facilitate cleaning around them. All refuse shall be collected at least twice weekly. Where suitable collection service is not available from municipal or private agencies, the mobile, home park operator shall provide this service. All refuse shall be collected and transported in covered vehicles or covered containers. Sec. 19A-24. Exterior electrical and lighting facilities. An electrical outlet supplying at least one hundred and fifteen volts shall be provided for each mobile home space. The installation shall comply with all applicable state and local electrical codes and ordinances. Such electrical outlets shall be grounded and weatherproof. No main power supply line shall be permitted to lie on the ground or to be suspended less than eighteen feet above the ground. Public streets, driveways and walkways shall be adequately lighted. Sec. 19A-25. Removal of wheels, etc., from mobile home. I . It shall be unlawful for any person owning or operating a mobile home park to remove, cause to be removed or otherwise permanently fix the wheels or other similar device of any mobile home to the ground in a manner that would prevent the ready removal of such mobile home. Any alterations to any mobile homes, as set forth above, shall be construed as removing it from the requirements of this chapter and con- verting it into a dwelling, and it shall then be deemed to be in viol- ation of the Building Code of the city. - 6 - ORDINANCE NO. ~166 (Cont'd) Sec. 19A-26. Dogs, cats, etc., not to run at large or commit nuisance in mobile home park. No owner or person in charge of a dog, cat or other pet animal shall pem.it it to run at large or commit any nuisance within the limits of any mobile home park. . I Sec. 19A-27. Fuel storage tank regulations. All piping from outside fuel storage tanks or cylinders to mobile homes shall be copper or other acceptable tubing and shall be permanently installed and securely fastened in place. All fuel storage tanks or cylinders shall be securely fastened in place and shall not be located inside or beneath the mobile home or less than five feet from any mobile home exit. Sec. 19A-28. City to supervise fire prevention in mobile home parks; park to be kept free of litter, etc; fire extinguishers to be provided. (1) Fire prevention in all mobile home parks shall be under the direct supervision of the mayor and city council of the city and its officials charged with the duty of fire prevention in the city. (2) Mobile home park areas shall be kept free of litter, rubbish and other flammable materials. (3) Portable fire extinguishers of a type approved by the fire prevention authority shall be kept in service buildings and at all other places designated by such fire prevention authority and shall be maintained in good operating condition. I Sec. 19-A-29. Authority of city officials, etc., to inspect parks and enforce chapter. All proper officials, agents and employees of the city charged with the duty of inspection of mobile home parks or the enforcement of the provisions of this chapter or of repairing and maintaining the utilities constructed on such park grounds shall have the right and they are hereby empowered to enter upon the premises of any mobile home park ground now operating or which may hereafter be operated within the city or the one mile area thereto to inspect the same and all accommodations connected therewith or located thereon and to enforce the provisions of this chapter. Sec. 19A-30. Existing mobile home parks not affected by chapter. Mobile home parks in existence prior to the passage date of this chapter shall not be affected by the provisions of this chapter other than specified herein. Any changes, additions, either in unit spaces, sewage disposal systems, water systems, electrical systems, etc., shall be made upon the approval of the enforcing authorities of the city." SECTION 2. Ordinance No. 3851, as hereby amended, be, and hereby is, incorporated in the Grand Island City Code as provided by Section 4 of I . Ordinance No. 3843 adopting such Code. SECTION 3. All rights or remedies are expressly saved as to any and all violations of Ordinance No. 3851 that have accrued at the time of the effective date of this Ordinance. - 7 - L166 CCont'd) ORDINANCE NO. SECTION 4. That Sections 34-1, 34..?, and 34-4 through 34-29 of Chapter 34 entitled "Trailers and Trailer Camps" of the Grand Island City Code, as heretofore existing, be, and hereby are deleted from the Grand . I Island City Code. SECTION 5. That Section 34-3 of the Grand Island City Code, as heretofore existing, be, and hereby is, repealed. SECTION 6. That 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 - V day of (O~ , 1964. President of the Council ATTEST: ,) j"""/"" \ ./ -,' .--~-~' }:/ r .h~_< ..,// Ci ty Clerk I I . - 8 - ORDINANCE NO. L167 An Ordinance to amend Article II entitled "Permits Generally" of Chapter 8 entitled "Buildings" of the Grand Island City Code by adding thereto Sections 8-24 through 8-32 to provide for limited and special . I use of streets, alleys, and sidewalk space for building, construction, demolition or wrecking operations; to provide regulations and conditions of use, and for inspections; to require permits, consents, and bonds, and provide for fees; to provide a penalty for violations; to provide a severability clause; to repeal any ordinance, part of ordinance, or provision of the Grand Island City Code heretofore existing 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 Article II entitled "PeIt'mit Generally" of Chapter 8 entitled "Buildings" of the Grand Island City Code be, and hereby is, amended by adding Sections 8-24 through 8-32, providing for limited and special use of streets, alleys, and sidewalk space in such City for I building, construction, demolition or wrecking purposes, reading as follows: "Sec. 8-24. Use of streets, alleys and sidewalk space for building operations - Limitations. It shall be unlawful for any person, as defined in this code, to use and obstruct for building, construction, demolition or wrecking purposes any street, alley, or sidewalk, or part thereof, without first securing a permit from the chief building inspector, pay the fee therefor, and giving bond, provided: a. No permit shall authorize occupancy of any street or sidewalk space, part thereof, other than immediately in front of, or any alley space immediately behind the lot or lots upon which any building or structure is in process of demolition, wrecking, erection, or other construction is to be done, and in relation to which such permit is issued, unless consented to in writing by the abutting property owner or owners; I . b. During progress of any such operations a sidewalk not less than four feet in width shall be at all times kept open, and protected for the purpose of passage in front of such lot or lots and within the space permitted for occupancy; c. Such sidewalk shall be protected by a tight board fence at least four feet in height, and when deemed necessary and required in the permit by the chief building inspector, by a tight board fence of such additional height and an adequate tight board roof; d. Nothing herein shall be construed to prohibit the maintenance of necessary driveways and gates for the delivery or removal of material across such sidewalk to or from the building, construction, demolition or wrecking site, provided a watchman is stationed at the sidewalk to warn and protect the public." - 1 - ORDINANCE NO. L167 (Cont'd) "Sec. 8-25. Limitation of material stored in street. . I It shall be unlawful to store building materials or occupy a street, or temporary sidewalk, in front of anyone building, in excess of one-third of the width of the same, or to erect any enclosure or store or place any material within eight feet of any street or railway tracks. "Sec. 8-26. Earth or rubbish storage. It shall be unlawful to store either upon sidewalks or roadways or streets or alleys, earth or a material other than sand used in the construction of the building, taken from excavations, and rubbish taken from buildings, or to fail and neglect to remove the same therefrom from day to day as rapidly as produced, or when dry rubbish apt to produce dust is being handled, to fail and neglect to keep the same wetted down so as to prevent its blowing about by the wind. "Sec. 8-27. Derrick on street or sidewalk. It shall be unlawful to use any derrick, or place the same upon any sidewalk or street in case of any building more than three stories in height, or to place and maintain guy lines less than sixteen feet, or higher, when deemed necessary by the chief building inspector, above the roadbed or surface of a sidewalk or street. "Sec. 8-28. Abutting Owners - consent and waiver. I If the written consent and a waiver of claims for damages against the City or the owners of property abutting upon the side of any proposed building or construction is first obtained and filed with the chief building inspector, the permission to occupy a street, alley, and sidewalk space may be extended beyond limitations of such building in front of the property for which the consent of the owner or lessee thereof has been secured upon the same terms and conditions as those fixed for the occupancy of sidewalk, street, and alley abutting upon a building site. "Sec. 8-29. When occupancy terminates. Streets, alleys, and sidewalks may be occupied for the purpose of building only in connection with the actual erection, repair, alteration, or removal of buildings, and permission for such occupancy shall terminate with the completion of such operation. It shall be unlawful to occupy any sidewalk or street after the completion of such operation for which a permit has been issued by the chief building inspector. It shall also be unlawful to occupy a sidewalk or street, under authority of such permit, for the storage of materials not intended for immediate use for operations for which such permit has been issued. "Sec. 8-JO. Amber blinking lights or flares. I . Amber blinking lights or flares shall be displayed and maintained during the whole of every night from sundown to sunup at each end of every pile of material in every street or alley, and at each end of every excavation. This section shall not apply where the building is enclosed as provided herein." "Sec. 8-J1. Permit - Issuance, fee and bond. a. Permits for obstructions of streets, sidewalks and alleys shall be issued by the chief building inspector and shall be paid for at the following rates: 1. Non-metered street (and sidewalk) or alley space _ $5.00 plus one and one-half cents per day per linear foot; - 2 - ORDINANCE NO. 1.~167 (Cant'd) . I "2. Parking metered street (and sidewalk) space - $5.00 plus thirty-five cents per day for each meter and in addition thereto, the sum of $3.00 for each meter as the cost of removal and reinstall- ation thereof, provided, such per day charge per meter and such charge for removal and reinstallation shall be paid to the City Treasurer and credited to the Police Fund as provided for by Section 20-154 of the Grand Island City Code. b. No permit shall be issued until the applicant therefore shall have executed and delivered to the chief building inspector, bond with corporate surety, to be approved by the City Attorney and filed with the City Clerk in an amount to be designated by the chief building inspector (but in no case to be less than Ten Thousand Dollars ($10,000.00), conditioned to indemnify and save harmless the City from any and all loss or damage, cost, expense, or liability of any kind whatsoever which it, the City, may suffer, or be put to, or which may be recovered from it, from or by reason of the issuance of such permit or by reason of any act or thing done under or by virtue of the authority given in such permit. "Sec. 8-32. Penalty for violation. Any person violating the provisions of Sections 8-24, 8-25, 8-26, 8-27, 8-29, 8-30, and 8-31, of Article II of Chapter 8 of the Grand Island City Code shall upon conviction, be deemed guilty of misdemeanor and be punished as provided in Section 1-7 of such Code." SECTION 2. That each of said Sections 8-24 through 8-32 of such Article II of Chapter 8 of the Grand Island City Code, and each provision or requirement thereof, shall be considered separately and the invalidity I of any portion thereof shall not affect the validity or enforcibility of any other portion. SECTION 3. That any ordinance, part of ordinance, or provision of the Grand Island City Code heretofore existing in conflict herewith is hereby repealed. SECTION 4. That this ordinance shall be in force and take effect, as provided by law, from and after its passage, and publication within thirty days in one issue of the Grand Island Daily Independent. Enacted this d- day of cY'~J , 1964. ~ President of the Council I . ATTES/r. - Y.. '-2-.. . {' '7 ../2~, ,. ..-""' -,-- ~~_.-.,._...-, -- / )<. Ci ty Clerk l, // .-" . -,. - 3 - . I I I - 2 dJL~~[,". ()~E~~!~". ~lea",.~~!>,,-=~"'h'-""'"'~ ORDINANCE NO. 4168 An Ordinance to amend Chapter 4 entitled "Alcoholic Beverages" of the Grand Island City Code: by amending subsection (f) of Sec. 4-1 entitled "Definitions"; by adding thereto three new sections: Sec. 4-2.1 entitled "Liquor and beer licenses for establishments engaged principally in sale of goods, wares and merchandise - Issuance"; Sec. 4-2.2 entitled "Same - To be granted only for sale in specially designated rooms or separate stores"; Sec. 4-2.3 entitled "Same - Sections 4-2.1 and 4-2.2 not to prevent renewal of licenses or issuance of licenses to hotels, etc."; to incorporate in such Code the provisions of Ordinance No. 3800, as amended hereby, per- taining to the sale of beer and intoxicating liquor in the City of Grand Island; establishing certain policies concerning the issuance of licenses to sell the same; providing certain rules and regulations regulating the sale of beer and intoxicating liquors; repealing all ordinances and parts of ordinances 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 subsection (f) of Sec. 4-1 of Chapter 4 of the Grand Island City Code be, and hereby is, amended to read as follows: "(f) Distributor. This word means the person importing or causing to be imported into the state, or purchasing or causing to be purchased within the state, alcoholic liquors for sale or resale to retailers licensed under the Nebraska Liquor Control Act. Engaged principally in the sale of goods, wares and merchandise other than liquor or beer. The words "engaged principally in the sale of goods, wares and merchandise other than liquor or beer" shall be defined as any establishment where over sixty per cent of the gross sales are of goods, wares and merchandise other than liquor and beer. Establishment. The term "Establishment" shall mean any room, building, store or place of business." SECTION 2. That Chapter 4 of the Grand Island City Code be, and hereby is, amended by adding thereto three new sections, Sec. 4-2.1, Sec. 4-2.2 and Sec. 4-2.3, reading as follows: "Sec. 4-2.1. Liquor and beer licenses for establishments engaged principally in sale of goods, wares and merchandise - Issuance. On and after the effective date of this section no liquor license or beer license shall be issued for the sale of liquor or beer in any establishment engaged principally in the sale of goods, wares and merchandise other than liquor or beer; however, nothing in this section shall prohibit a licensee from selling goods, wares and merchandise incidental to the sale of liquor and beer." - 1 - ORDINANCE NO. 4165 (Cont'd) "Sec. 4-2.2. Same - To be granted only for sale in specially designated rooms or separate stores. . I On and after the effective date of this section no liquor or offsale beer license shall be granted for the sale of beer or liquor as a department or as items for sale in another establishment. Such commodities of beer and liquor must be sold in a specifically designated room or separate store with both a front and rear or side door open to the outside. No door therefrom shall open directly into another store or adjoining premises." "Sec. 4-2.3. Same - Sections 4-2.1 and 4-2.2 not to prevent renewal of licenses or issuance of licenses to hotels, etc. Sections 4-2.1 and 4-2.2 shall not be construed to prevent the renewal of any license in effect on the date of the adoption of those sections and shall not prohibit the issuance of licenses under the existing ordinances of the city to eating establishments, hotels, bowling alleys and fraternal organizations or private clubs." SECTION 3. That Ordinance No. 3800, as amended hereby, be, and hereby is, incorporated in the Grand Island City Code as provided by Section 4 of Ordinance No. 3843 adopting such Code. SECTION 4. All rights or remedies are expressly saved as to any and all violations of Ordinance No. 3800 that have accrued at the time of the effective date of this Ordinance. I SECTION 5. That all ordinances or parts of ordinances in conflict herewith, be, and the same are, hereby repealed. 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 /.? / day of tt?~~ , 1964. ~ President 0 the Council ATTEST: 44~~~ (/ ity Clerk I e - 2 - 7, ORDINANCE NO. 4169 An Ordinance to amend Article I of Chapter 31, entitled "Streets and Sidewalks" of Grand Island City Code by adding thereto five new sections: Sec. 31-6.1 entitled "Umbs, etc., projecting into street, etc. . I _ Eight foot clearance above sidewalk or street required"; Sec. 31-6.2 entitled "Same - Fourteen foot clearance above alley required"; Sec. 31-6.3 entitled "Same - Notice to owner, etc., to remove tree, etc; filing of charge upon owner's noncompliance"; Sec. 31-6.4 entitled "Same - Street commissioner to remove offending tree, etc., upon owner's failure; assessment of charges against property"; Sec. 31-6.5 entitled "Planting, etc., hedges, etc., at street intersections prohibited; enforcement"; to incorporate in such Code the provisions of Ordinance No. 3847 and Ordinance No. 3869 as amended hereby; pertaining to the growing, keeping, planting or maintaining hedges, bushes or shrubbery at street intersections, pertaining to dangerous trees and limbs of bushes and trees overhanging sidewalks, alleys and public property, providing for the giving of notice to remove such trees and limbs of bushes and trees, providing for the I removal thereof by the City of Grand Island, and assessing the cost of such removal and providing rules pertaining thereto; repealing all ordinances or parts of ordinances in conflict herewith; 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 Article 1 of Chapter 31 of the Grand Island City Code be, and hereby is, amended by adding thereto five new sections, Sec. 31-6.1, Sec. 31-6.2, Sec. 31-6.3, Sec. 31-6.4, and Sec. 31-6.5, reading as follows: "Sec. 31-6.1. Limbs, etc., projecting into street, etc. - Eight foot clearance above sidewalk or street required. I . It is hereby declared unlawful for any property owner or any lessee or occupant of any property to permit the limbs, branches or foliage of any tree or shrub upon such property to project into or extend over any street, lane or sidewalk in such manner that there shall be a clearance of less than eight feet between the surface of such street, lane or sidewalk and such limbs, branches or foliage." j;\\'J;.GVk:V ,.,,9~ lI1c 41 a""J:'~w "",...1:..."""""",,.,,*,,,,, - 1 - . I I I . ORDINANCE NO. 4169 CCont'd) "Sec. 31-6.2. Same - Fourteen foot clearance above alley required. It is hereby declared unlawful for any property owner or any lessee or occupant of any property to permit the limbs, branches or foliage of any tree or shrub upon such property to project into or extend over any alley in such manner that there shall be a clearance of less than fourteen feet between the surface of the alley and such limbs, branches or foliage." "Sec. .31-6..3. Same - Notice to owner, etc., to remove tree, etc; filing of charge upon owner's noncompliance. It shall be the duty of the street commissioner or his assistants to notify in writing the owner, the agent of the owner or the lessee or the occupant of the property whereon is located such illegally maintained tree or shrub as defined herein to remove such tree or shrub or portion of such tree or shrub within ten days from the date of such notice. If at the expiration of the date set forth in such notice such illegally maintained portion of such tree or shrub has not been removed and no extension of time has been granted by the street commissioner, he shall report such refusal or neglect to the city attorney, who shall file charges against such owner, agent or the lessee or occupant of such premises for violation of sections .31-6.1 or 31-6.2." "Sec. 31-6.4. Same - Street commissioner to remove offending tree, etc., upon owner's failu~~assessment of charges against property. The street commissioner or his authorized assistants shall have the right to cut down and to remove any tree, tree limb or shrub which may be permitted to remain in violation of the provisions of sections 31-6.1 and .31-6.2 after service of notice to remove the same. The street commissioner shall report to the mayor and city council the cost of removing such tree, tree limbs or shrubs, and the cost thereof shall, by ordinance, be assessed against the property on which such tree, tree limbs or shrubs was removed, and the amount thereof shall be a lien on such premises and shall bear interest at the rate of six per cent per annum from the date of such levy until paid. The same shall be collected and enforced as in the case of special assessments." "Sec. .31-6.5. Planting, etc., hedges, etc., at street intersections prohibited; enforcement. It is hereby declared unlawful for any person to plant, grow, keep or maintain or cause to be planted, grown, kept or maintained any hedge, bush or shrubbery of any kind or nature more than three and one- half feet in height above the roadway within the triangle formed by the adjacent side lines of two intersecting streets and the line join- ing points distant thirty feet on each side line from their point of intersection. (For the purpose of this section "side line" of street, shall mean the property line.) It shall be the duty of the chief of police to enforce the provisions of this section." SECTION 2. That Ordinance No. .3847 and Ordinance No. .3869, as amended hereby, be, and hereby are, incorporated in the Grand Island City Code as provided by Section 4 of Ordinance No. .384.3 adopting such Code. SECTION.3. All rights or remedies are expressly saved as to any and all violations of Ordinance No. .3847 and Ordinance No. .3869 that have accrued at the time of the effective date of this Ordinance. - 2 - ORDINANCE NO. ~169 (Cont'd) SECTION 4. That all ordinances or parts of ordinances in conflict herewith, be, and hereby are, repealed. . I SECTION 5. That this Ordinance shall take effect, as by law provided, from and after its passage, and publication within thirty days in of the Grand Island Daily Independent. /' >--- day of {]2 ~ , 1964. ~~ President of the Council one issue I I . Enacted this /9 , T: ~ 7r:J~ City Clerk - 3 - . I I I . ;~,,:1,IO_;<fr~ LiJ Sl:!ii~c*'.,q", r1".6A...;::e~'h~~ ORDINANCE NO. 4170 An Ordinance to amend Chapter 22, entitled "Offenses - Miscellaneous" of the Grand Island City Code by adding thereto two new sections, Sec. 22-19.1 entitled "Injuring, etc., or interfering with police dogs - Unlawful", and Sec. 22-19.2 entitled "Same - Penalty"; to incorporate in such Code the provisions of Ordinance No. 319, as amended hereby, pertaining to pro- hi biting the injuring or interfering with police dogs, and penalties for violations thereof; repealing all ordinances and parts of ordinances 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 Chapter 22, entitled "Offenses - Miscellaneous" of the Grand Island City Code be, and hereby is, amended by adding thereto two new sections, Sec. 22-19.1 and Sec. 22-19.2, reading as follows: "Sec. 22-19.1. Injuring, etc., or interfering with police dogs _ Unlawful. It shall be unlawful for any person to willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by the police department of the city in the per- formance of the functions or duties of such department or to inter- fere with or meddle with any such dog while being used by such department or any officer or member thereof in the performance of any of the duties or functions of such department or of such officer or member." "Sec. 22-19.2. Same - Penalty. Any person upon the conviction of a violation of any provlslon of section 22-19.1 shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars for each offense, and such person shall stand committed to the city jail until such fine and cost of prosecution are paid, secured or otherwise discharged according to law." SECTION 2. That Ordinance No. J919, as amended hereby, be, and hereby is, incorporated in the Grand Island City Code as provided by Section 4 of Ordinance No. J84J adopting such Code. SECTION J. All rights or remedies are expressly saved as to any and all violations of Ordinance No. 3919 that have accrued at the time of the effective date of this Ordinance. SECTION 4. That all ordinances or parts of ordinances in conflict herewith, be, and the same are, hereby repealed. SECTION 5. 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. ATTFST~n::::dG:::# ~ Of~~1964. President, of' t,he r:ollnr.i 1 J71l1lil ~>"J'f~ t 7? ORDINANCE NO. 4171 An Ordinance to incorporate in Appendix I - Zoning, of the Grand Island City Code the provisions of Ordinances numbered 3791, 3852, 3925, . I and 3926, as hereby amended, pertaining to zoning, the use of buildings and premises, establishing special purpose off-street parking facilities, requirements, enforcement, and penalties; amending subparagraphs 6, 7, 8, and 9 of subsection (a) of Sec. 3 entitled "A-Residence district regulations"; amending sub-paragraph entitled "Side yard" of subsection (b) of such Sec. 3; amending subparagraph entitled "Side yard" of subsection (b) of Sec. 4 entitled "B-Residence District regulations" and of such Appendix I - Zoning; and adding to such Appendix I - Zoning the following new sections, namely, Sections 9.1 through 9.11; repealing all provisions of such Appendix I - Zoning, of the Grand Island City Code, ordinances and parts of ordinances in conflict herewith; and to provide the effective date hereof. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: I SECTION 1. That subparagraphs 6, 7, 8, and 9 of subsection (a) of Sec. 3 entitled "A-Residence district regulations" of Appendix I - Zoning, of the Grand Island City Code be, and hereby are, amended to read as follows: "6. Philanthropic institution, other than penal or corrective, hospitals or sanitarium other than for contagious diseases and other than for the insane or feeble-minded. "7. Branch telephone exchanges, or buildings for public service corporations or for public utility purposes which the city council declares reasonably necessary for the public convenience or welfare. "8. Accessory buildings including private and community garages when located not less than sixty feet from the front lot line or within or attached to the dwelling. A private or community garage may exceed a three vehicle capacity, provided the area of the lot whereon such garage is located shall contain not less than two thousand square feet for each vehicle stored. The location of all private stables shall be subject to the regulations of the board of health. I . "9. Uses customarily incident to any of the above uses when located on the same lot and not involving the conduct of a business, on the premises, and use as the office of a physician, surgeon, dentist, lawyer, musician or artist, when situated in the same dwelling." SECTION 2. That the paragraph entitled "Side yard" of subsection (b) of Sec. 3 of Appendix I - Zoning of the Grand Island City Code be, and hereby is, amended to read as follows: - 1 - 4171 (Cont'd) ORDINANCE NO. . I "Side yard. There shall be a side yard on each side of any building of not less than five feet in any A-Residence District. All buildings other than main buildings not less than two feet. Provided, however, all garages or accessory buildings which shall be erected or altered and the erection or alteration locates the said garage or accessory building within six feet of the residence or main building, shall have a side yard of not less than five feet." SECTION 3. That the paragraph entitled "Side yard" of subsection (b) of Sec. 4 entitled "B-Residence District regulations" of Appendix I - Zoning, of the Grand Island City Code be, and hereby is, amended to read as follows: "Side yard. There shall be a side yard on each side of any main building of not less than four feet in any B-Residence District. All buildings other than main buildings not less than two feet. Provided, however, all garages or accessory buildings which shall be erected or altered and the erection or alteration locates the said garage or accessory building within six feet of the residence or main building, shall have a side yard of not less than four feet." SECTION 4. That Appendix I - Zoning, of the Grand Island City Code be, and hereby is, amended by adding thereto eleven new sections, namely, Sections 9.1 through 9.11, reading as follows: I "Sec. 9.1. Special purpose off-street automobile parking facilities - Definitions. For the purpose of sections 9.1 to 9.11 of this ordinance, special purpose off-street automobile parking facilities are defined as . accommodations off the street or highway right of way provided by private groups or individuals for restricted use in connection with particular businesses or other private enterprises or other uses or as adjuncts to housing developments or private residences. The accommodations may consist of lots, garages or other structures and accessories; they may be surface facilities or facilities above or under the ground. (a) Multiple family dwellings are defined as housing facilities for more than two families such as apartment houses, group houses, row houses, tenements and similar dwellings. I . (b) A parking space is defined as an area, with appropriate dimensions of not less than one hundred and eighty square feet, net, exclusive of access or manuevering area or ramps, columns, etc., to be used exclusively as a temporary storage place for private motor vehicles; truck loading and unloading space shall not be included in such area, when the application of a unit of measurement for parking spaces to a particular use or structure results in a fractional space any fraction under one-half shall be disregarded, and fractions of one-half or over shall be counted as one parking space. (c) Number of employees. For the purpose of section 9.5 of this ordinance, employees shall be computed on the basis of the greatest number of persons to be employed at anyone period during the day or night." - 2 - ORDINANCE NO. 4171 (Cont'd) "Sec. 9-2. Same - New or altered uses, etc., to provide off-street parking facilities; conditions for issuance of building and use permits. . I On or after the effective date of sections 9.1 to 9.11 of this ordinance, all new or substantially altered uses or structures shall be provided with special purpose off-street automobile parking facilities to the extent required in section 9.5; and no application for a build- ing permit for a new or substantially altered structure or improve~ ment or use shall be approved unless there is included with the plan for such structure or improvement or use a plot plan showing the required special purpose off-street automobile parking facilities in accordance with section 9.5 hereof. No occupancy or use permit shall be issued unless the required parking facilities shall have been provided in accordance with those designated on the approved plan." "Sec. 9.3. Same - Uses and structures for which facilities required. Off-street automobile parking facilities shall be provided for all those uses and structures for which requirements are specifically designated in section 9.5 and also for those uses and structures for which requirements have been promulgated by the board of zoning adjustment pursuant to authority granted in section 9.5 hereof. Requirements shall be applicable to all zones and districts wherein the respective new or substantially altered uses are permitted by law, not to include the central business district." "Sec. 9.4. Same - Boundaries of central business district. I Beginning at Second Street and Sycamore Street intersection; thence south on Sycamore Street to First Street; thence west on First Street. to Pine Street; thence south on Pine Street to Court Street; thence west on Court Street to Locust Street; thence south on Locust Street to Division Street; thence west on Division Street to Walnut Street; thence north on Walnut Street to the alley between First Street and Division Street; thence west in the alley to Cedar Street to the alley between Second Street and Third Street; thence in the alley west to Elm Street; thence north on Elm Street to Third Street; thence west on Third Street to Cleburn Street;.thence north on Cleburn Street to West North Front Street; thence east on West Front Street to Elm Street; thence north on Elm Street to Fourth Street; thence east on Fourth Street to Cedar Street; thence north on Cedar Street to the alley between Fourth Street and Fifth Street; thence east in the alley to Sycamore Street; thence south on Sycamore Street to Fourth Street; thence east on Fourth Street to Kimball Street; thence south on Kimball Street to East Front Street; thence west on East Front Street to Sycamore Street; thence south on Sycamore Street to East South Front Street; thence east on East South Front Street to Kimball Street; thence south on Kimball Street to the alley between Second Street and Third Street; thence west in the alley to Sycamore Street; thence south on Sycamore Street to Second Street, being the point of beginning." I . "Sec. 9.5. Same - Number of parking spaces required for designated uses; authority of board of zoning ad~ustment to determine spaces necessary for other uses; changes in parking space requirements; mixed uses. Off-street automobile parking facilities shall be provided as follows: (a) For one and two family dwellings, one parking space per family dwelling unit, located on same lot as the dwelling unit. (b) For multiple family dwellings, one parking space per family dwelling unit, located on the same lot as the main dwelling." - 3 - ORDINANCE NO. 417] (Cont'd) n(c) For hotels, two parking spaces for each three guests' sleeping rooms or suites, plus three additional spaces for each five employees. . I (d) For tourist homes, cabins or motels, one parking space for each guest sleeping room or suite, plus one additional space for the owner or manager, if resident on the premises. Parking spaces shall be on the same lot as the motel, cabin, etc. (e) For trailer courts or camps, one parking space for each trailer space, located on the same lot. (f) For lodging, rooming and boardinghouses, two parking spaces for each three guests, plus one additional space for owner or manager if resident on the premises. (g) For private clubs or lodges, parking spaces equal in number to not less than eighty per cent of the active membership thereof, plus one additional space for each two employees of the club or lodge, located on the same lot as the main building. (h) For fraternities, sororities and dormitories, two parking spaces for each five active members, plus one additional space for each two employees thereof. (i) For hospitals, one parking space for each four patient beds, plus one additional space for each staff or visiting doctor, plus two additional spaces for each four employees, including nurses. Loading and unloading spaces for hospital ambulances and similar vehicles are not included in the spaces required herein. I (j) For medical or dental clinics, one parking space for each doctor engaged at the clinic, plus one additional space for each employee, plus one additional space for each examination room and consulting office, located on the same lot as the main building. (k) For sanitariums or convalegent homes, two parking spaces for each six patient beds plus one additional space for staff or visiting doctor, plus two additional spaces for each four employees, including nurses. (1) For mortuaries or funeral parlors, one parking space for each official's vehicle, plus one space for each family resident on the premises, plus additional spaces equal in number to at least eighty per cent of the number of employees, plus one parking space for each three patron seats provided. (m) For welfare institutions, such as asylums, homes for the aged, orphanages, one parking space for each staff or visiting doctor, plus additional spaces equal in number to at least seventy-five per cent of the number of employees, plus one additional parking space for each four beds provided. I . Cn) For community centers, libraries, museums, post offices, civic clubs and similar uses, parking spaces equal in number to at least eight~five per cent of the number of employees thereof, plus such additional space for members and business or social visitors as shall be determined by the board of zoning adjustment. (0) For dance halls, two parking spaces for each seventy-five feet (square) of dance floor area, plus such additional spaees equal in number to at least seventy-five per cent of the number of employe~s. Cp) For bowling alleys, four parking spaces for each alley, plus one additional space for each employee, plus one space for each four seats, where seats are provided, or one additional parking space for each two hundred square feet of assembly floor area where seats are not provided." - 4 - ORDINANCE NO. 4171- (Cont'd) . I "(q) For convention halls, gymnasiums, parks, race tracks, skating rinks and similar uses, parking spaces equal in number to at least eighty-five per cent of the number of employees, plus one additional parking space for each four seats where seats are provided or one additional space for each two hundred square feet of assembly floor area where seats are not provided. (r) For theatres, one parking space for each four seats, plus additional spaces equal in number to at least eighty per cent of the number of employees thereof. (s) For auditoriums, stadiums, sports arenas or similar uses, two parking spaces for each five seats, plus additional spaces equal in number to at least seventy-five per cent of the number of employees thereof. 'Where individual seats are not provided each twenty inches of benches or other similar seating shall be considered as one seat for the purpose of determining requirements hereunder, also, located on the same lot as the main building. (t) For churches, two parking spaces for each five seats, plus one additional space for each church official resident on the premises, plus additional spaces equal in number to at least seventy-five per cent of the number of permanent employees thereof. 'Where individual seats are not provided, each twenty inches of benches or other similar seating shall be considered as one seat for the purposes of determining requirements hereunder, also, located on the same lot as the main building. (u) For schools, two parking spaces for each three employees, including teachers and administrators, plus sufficient off-street space for the safe and convenient loading and unloading of students, plus such additional facilities for students' parking as the board of zoning adjust- ment shall deem to be necessary. I (v) For office, professional or public buildings, two parking spaces for each separate office or a suite of offices of given tenancy, plus two additional spaces for each three employees, including all occupants. (w) For airports, railroad passenger stations, bus depots or other passenger terminal facilities, such parking space as the board of zoning adjustment shall deem to be adequate for employees loading and unloading passengers, and for spectators, visitors and others. (x) For restaurants, nightclubs, tearooms, lunch counters or other similar uses, two parking spaces for each four employees, plus one additional parking space for each three patron seats provided. (y) For roadside stands, filling stations, repair shops, or other roadside service establishments, one parking space for each two employees, plus such additional spaces for customer motorists as the Board of Zoning Adjustment shall deem necessary, in order to provide a maximum of safety and a minimum of congestion on the adjacent roadways. I . (~) For general businesses, commercial, and personal service establishments, one parking space shall be provided for each two hundred square feet of floor area, and shall be located on the same lot as the main building. (aa) For industrial or manufacturing establishments, one parking space for each two employees, plus such additional parking space as shall be required for all vehicles used directly or indirectly in the conduct of the enterprise. (bb) For any and all uses or structures not specifically provided for in the foregoing schedule, such parking space as the board of zoning adjustment shall determine to be necessary, considering all the parking-generating factors involved in the particular case. - :3 - ORDINANCE NO. bIn (Cont'd) . I "(cc) Whenever, after the effective date of this section, there is a change in the number of employees or business visitors or in the lawful use of the premises or in any unit of measurement specified in any of the foregoing paragraphs of this section and whenever such change creates a need for an increase or decrease of more than fifteen per cent of the number of off-street automobile parking spaces as determined by the requirements of this section, more or less, off-street parking facilities shall be provided within a reasonable time on the basis of the adjusted needs, as determined by this section. In case of unusual hardship arising out of the requirements of this paragraph, recourse may be made to the board of zoning adjustment in the manner provided by law. (dd) In the case of mixed uses, the parking facilities required shall be the sum of the requirements for the various individual uses, computed separately in accordance with this subsection; parking facilities for one shall not be considered as providing the required parking facilities for any other use. Parking facilities required hereunder shall not be made available for use by motorists-parkers other than those for whom such facilities are reserved1pursuant to this ordinance." "Sec. 9.6. Same - Location of facilities. Special purpose off-street automobile parking facilities, to the extent required in section 9.5 of this ordinance, may be provided on the same lot as designated in section 9.5, and where not designated in section 9.5, any lot or premises, a substantial portion of which is at least within five hundred feet of the main building." "Sec. 9.7. Same - Cooperatively established and operated facilities. I Requirements for the provision of parking facilities pursuant to section 9.5 of this ordinance, with respect to two or more property uses of the same or different types, may be satisfied by the permanent allocation of the requisite number of spaces for each use in a common parking facility, cooperatively established and operated; provided, that the total number of spaces designated is not less than the sum of individual requirements. Pro- vided, further that the specifications of section 9.6 with respect to locations are complied with. In order to eliminate a multiplicity of entrance and exits and diminish traffic hazards to conserve space where space is at a premium and to promote orderly development generally, the board of zoning adjustment is hereby authorized to plan and group parking facilities coop- eratively for a number of businesses in a given area, and especially in the central business district, in such manner as to obtain a maximum of . efficiency and capacity in parking and traffic movement." "Sec. 9.8. Same - Design standards. I . All off-street automobile parking facilities shall be designed with appropriate means of vehicular access to a street or alley as well as manuevering areas. No driveway or curb cuts in any district shall exceed sixteen feet in width, and detailed plans shall be submitted to the city engineer for approval of all curb cuts or driveway openings before a permit may be obtained therefor. No signs shall be displayed in any parking facilities except such signs as may be necessary for the orderly use of such facilities. All parking facilities shall be suitably graded and surfaced. Parking areas facing on sidewalks shall be provided with concrete car stops on curbing." Sec. 9.9. Same - Maintenance and operation; grounds for reduction in number of required parking spaces. The parking facilities required pursuant to section 9.5 of this ordinance shall be provided and maintained so long as the use exists which the facilities are designed to serve. Off-street automobile parking facilities shall not be reduced in total extent, after their provision hereunder, except upon the approval of the board of zoning adjustment and then only after proof that the parking spaces provided are no longer needed by reason of a change in use of the premises to which the parking facilities are adjunct pursuant - 6 - ORDINANCE NO. 4171 (Cont'd) . I to the schedule of requirements contained in section 9.5 hereo~. Reasonable precautions must be taken by the owners or sponsors of particular uses to assure the use of the parking facilities only by the employees or the social or the business visitors of the premises for which the facilities are provided. The parking facilities must be so designed and maintained as not to constitute a nuisance at any time and must not be used in such a manner as to constitute a hazard or un- reasonable impediment to tra~fic." "Sec. 9.10. Same - Administration and enforcement of preceding provisions. These sections dealing with the provision of special off-street automobile parking facilities shall be administered by the board of zoning adjustment and enforced by the chie~ building inspector, who shall also serve in capacities advisory to the board o~ zoning adjustment on matters relating to any phase of the provision of special purpose off- street automobile parking ~acilities hereunder." "Sec. 9.11. Same - Penalty for violation of sections 9.1 to 9.9; parking unreasonably long in required facilities prohibited. The provision of parking facilities as required by sections 9.1 to 9.9 of this ordinance shall be a continuing obligation of the owner or sponsor of a given use or structure so long as the use or structure is in existence and so long as parking ~acilities are required hereunder in connection therewith, and it shall be unlawful to discontinue, change or dispense with such parking facilities without establishing alternate parking facilities that meet with the requirements of such sections. I Penalty provisions applicable to the zoning ordinance as a whole shall apply to any violations of sections 9.1 to 9.9 of this ordinance. In addition, at such times as the parking ~acilities required hereinunder shall fail to continue to be available for the purpose, the building permit for the structures to which the parking facilities are adjunct and the use or occupancy permits issued for the premises shall be cancelled and become null and void. Except when parking facilities are used in connection with a repair or service garage, it shall be unlawful for any person to park his vehicle or permit the same to be parked in any parking facility required by sections 9.1 to 9.9 of this ordinance for an unreasonable length of time, for the purpose of sections 9.1 to 9.9 of this ordinance is to promote the public safety and convenience by the provision of off-street parking facilities, rather than to create a nuisance." SECTION 5. That Ordinances numbered 3791, 3852, and 3925 and 3926, as amended hereby, be, and hereby are, incorporated in the Grand Island City Code as provided by Section 4 of Ordinance No. 3843 adopting such Code. SECTION 6. All rights or remedies are expressly saved as to any and all violations of Ordinances numbered 3791, 3852, 3925, and 3926 that have I . accrued at the time of the effective date of this Ordinance. SECTION 7. That all provisions of such Appendix I - Zoning, of the Grand Island City Code, ordinances and parts of ordinances in conflict here- with, be, and hereby are, repealed. SECTION 8. 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 the /7 . @d"~ President of the Council day of , 1964. ATTEST' / 'j-/ . ;f!}Z ~.~~~ City Clerk APPfiUVtf~ - , Ordinance No. 4172 XXZl:' ,..", ~,=,.- . -." ..,...""'...."""'O-l"l!l'.l ~--<<~ An Ordinance to amend Chapter 5 of the Grand Island City Code; amending Section 5-1 thereof to limit its ap- plication to Articles I and II; adding thereto a new ar- . I ticle numbered III entitled "DOG LICENSING - DOG POUND - RABIES"; defining words; providing registration tax on dogs; imposing duties on City Treasurer; requiring dog tags; regulating dogs running at large; prohibiting failure to attach dog tags; providing for duplicate tags; requiring collars on dogs; specifying dog catcher's and policemen's duties; regulating dog pound; providing for disposal of dogs; allowing contracts with persons to operate pound; requiring vaccination for rabies of other animals; requiring certificates of vaccinations; regulating animals which bite or are suspected of biting; providing penalties for persons who own dogs which bite and for persons who conceal information about dogs which bite; prohibiting I barking dogs; repealing ordinances; enacting this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: Section 1. That Section 5-1, Article I, Chapter 5 of the Grand Island City Code be amended to read as follows: "SEC. 5-1. DEFINITIONS For the purpose of Article I and Article II of this Chapter, the following terms, phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the content, words used in the present tense include the future, words in the plural number in- clude the singular number, words in the singular number I .' include the plural number. ANIMAL. The term" animal" shall include any and all cattle, horses, mules, sheep, goats, raccoon, minks, skunks, foxes or rabbits) of whatever sex. FOWL. The term "fowl" shall include any and all chick- ens, geese, pheasants, peafowls, turkeys, pigeons, or guin- '/ eas)of whatever sex. - 1 - 4172 ORDINANCE NO. (Cont'd) SECTION 2. That Chapter 5 of the Grand Island City Code entitled "ANIMALS AND FOWLS" be, and hereby is, amended by adding thereto a new article numbered III entitled "DOG LICENSING - DOG POUND - RABIES" reading . I as follows: "ARTICLE III - DOG LICENSING - DOG POUND - RABIES" "SEC. 5-17. DEFINITIONS For the purpose of this article, the following terms, phrases, words, and their derivatives shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number. 1. DOG. The term "dog" shall mean both male and .female. 2. 01rJNER. The term "ownerlt shall mean any person or persons or corporation, owning, keeping, or harboring a dog or other animal. I J. AT LARGE. The term "at largelt shall mean of.f or away from the premises o.f its owner and not under control of a competent person, either by leash, cord, chain, or other- wise; running or roaming at large. 4. UNDER CONTROL. A dog shall be deemed to be "under control" and not at large, within the meaning of this ordinance when it is controlled by leash or is "at heel" beside a competent person and obedient to such person's command, or within a vehicle being driven or parked on the streets, or within the boundaries of the owner's premises. 5. PREMTSES. The term "premises" shall mean: that place where an owner has established his residence; a place where an owner is habitually present and to which, when he departs, he may be expected to return; a vehicle or other mobile structure." "SEC. 5-18. REGISTRATION TAX - AMOUNTS - DELINQUENT _ DUTIES OF CITY TREASURER (a) The owner of any dog in the City of Grand Island, Nebraska, shall pay to the City Treasurer of the said City an annual registration I . tax for said dog as hereinafter provided: for every male or spayed female, the sum of $1.50 and for every unspayed female, the sum of $2.50, provided that said amounts are paid before they become delinquent. After the delinquent date, hereinafter set forth, the owner shall pay $2.00 for every male or spayed female and $J.OO for every unspayed female, provided, however, if a dog is acquired by any owner after June 1st of the licensing year, a license must be obtained within thirty days after the acquisition of said dog. - 2 - 4172 (Cont'd) ORDINANCE NO. Upon reasonable proof of licensing within thirty days after acquisition the fee shall be $1.50 for every male or spayed female and $2.50 for every unspayed female. If the license is not obtained within . I thirty days after acquisition of said dog, the fee shall be $2.00 for every male or spayed female and $3.00 for every unspayed female. If the owner of a dog becomes a resident of the City of Grand Island after June 1st of the licensing year, a license for each dog must be provided thirty days after establishing such residency; upon reasonable proof of licensing within thirty days after new residency is established, the fee shall be $1.50 for every male or spayed female dog and $2.50 for every unspayed female dog. If not acquired within thirty days of establishing the new residency, the fee shall be $2.00 for every male or spayed female dog and $3.00 for every unspayed female dog. (b) The tax so collected shall be placed in the Police Fund of the City of Grand Island, Nebraska. (c) The tax above set out shall become due on the First day of May I of ~ach year and shall become delinquent on the First day of June of each year. (d) No dog shall be registered and licensed by the City Treasurer unless and until the owner shall deliver to the Treasurer the certificate of a licensed veterinarian showing that such dog has been vaccinated for and immunized against, rabies, provided, this Subsection (d) shall not apply to dogs under the age of five months; and, provided further, that it shall be the duty of the owner of any dog attaining the age of five months to cause said dog to be vaccinated for and immunized against rabies; to cause said dog to be registered by the City Treasurer. (e) It shall be unlawful for any owner of a dog to keep the same without first having paid the said registration tax as above set out, PROVIDED, I . however, that this section shall not apply to non-residents nor to persons bring- ing dogs into the City for the purpose of participating in dog shows or dog exhibits." "SEC. 5-19. DUTIES OF CITY TREASURER - DOG TAGS - DUTIES OF OWNER Upon the payment of said tax, the Treasurer shall issue to the person paying the tax a metal tag for each dog, which tag shall be marked and numbered with the year for which said tag is purchased and tax paid, and the number corresponding with the number of such dog on the tax list. The City Treasurer shall have the duty of listing and numbering each dog registered. - i - ORDINANCE NO. 4112 (Cont'd) It shall be the duty of the owner of any dog to attach the metal tag issued by the Treasurer securely to the collar of the dog for which it is issued. It shall be unlawful for any owner to fail to attach the metal tag . I issued by the Treasurer securely to the collar of the dog for which it was issued. It shall be unlawful for any owner to permit a dog to wear any tag other than the original tag issued for such dog by the City Treasurer. Upon evidence that a tag is lost, a duplicate tag shall be issued to the owner by the Treasurer upon payment of the sum of twenty-five cents." "SEC. 5-20. RUNNING AT LARGE - DOG TAGS - OTHER TAGS - DUPLICATE TAGS - DOG COLLARS - DEFINITION (a) It shall be unlawful for any owner, keeper, orbarborer of any dog to permit the same to run at large or to go in, or upon, the private premises of others, or upon the streets or highways of the City of Grand Island. (b) It shall be the duty of every owner of any dog to securely ~lace upon the neck of such dog a good and sufficient collar with a metallic plate I thereon, on which shall be plainly inscribed the name of such owner. Whoever, being the owner of any dog, shall permit the same to run at large for ten days without such collar as hereinbefore described being securely placed upon the neck of such dog, shall be fined in any sum not exceeding Twenty-five Dollars." "SEC. 5-21. DUTY OF DOG CATCHER - DOG POUND REGULATIONS - CONTRACT WITH VETERINARIAN, CLINIC OR HUMANE SOCIETY (a) The dog catcher shall provide a pound wherein he shall cause to be impounded all dogs which may come into his possession under any provision of Article III of this section; PROVIDED, however, it shall be lawful for the Mayor and Council, by resolution, to enter into a contract with any vet erin- arian, clinic, or humane society or other like institution for the purpose I . of carrying out the provisions of this Article. If such a contract is entered into, the provisions herein applicable to operation of the dog pound, to the dog catcher in operating the dog pound, and to the pound master shall be applicable to the veterinarian, clinic, or humane society or other like institution with whom the council contracts. - 4 - ORDINANCE NO. 4172 (Cont'd) (b) It shall be the duty of the dog catcher or any policeman to take into custody any dog or dogs running at large and place the same in the City Dog Pound or place provided under Subsection (a). . I (c) All dogs when taken into custody under subsection (b) of this section shall be taken to the dog pound and there retained for a period of 72 hours, to run from the hour of impounding. The owner of any dog impounded hereunder may redeem the same by paying, in addition to the cost of registered mail notice, and any cost of examination by the City Physician or qualified veterinarian, a minimum payment of One Dollar ($1.00) per day from the day of impounding until the date of redemption. When a dog is redeemed, the pound master shall release the said dog, PROVIDED, further, however, that the pound master shall not release any dog until the owner shall present to the pound master a dog tag issued under Section 5-17 of this code for the then existing registration period. The costs of redemption shall accumulate until the dog tag is presented. (d) If any dog shall remain ih:the pound for 72 hours without being redeemed, the pound master shall sell the said dog for the highest price I obtainable or, if the dog cannot be sold, the pound master shall destroy the said dog, PROVIDED, however, that the pound master shall not sell any dog to any person who intends to keep the dog within the City of Grand Island until such person shall present to the pound master a dog tag issued under Section 5-17 of this Code for the then existing registration period. (e) Immediately after impounding any dog, the pound keeper shall enter upon the records of the pound, the date of impounding, a description of the dog impounded, and a record as to whether or not such dog has been licensed and tagged as required by the ordinances. A copy of such record shall be transmitted immediately to the Police Department and kept on file there. Public notice of the impounding of such dog shall be given by posting I . one copy of the description of such dog and date of impounding in the window of the Police Department. (f) It shall be the duty of the pound master to cause notice to be served by mail upon the registered owner of any dog with collar with metal license tag attached thereto, impounded under the provisions of this ordinance, such notice to be mailed within twenty-four hours of the impounding of such dog. - 5 - L172 (Cont'd) ORDINANCE NO. (g) All monies received by the pound master shall be paid to the City Treasurer and placed in the official Police Fund. ~he pound master or the Chief of Police shall account for said money to the City Council as . I the Council shall require; PROVIDED, however, that said accounting and reports need not be made if a different method has been set up by the Council in contract with a veterinarian, clinic, or humane society or other like institution." "SEC. 5-22. RABIES VACCINATIONS - DOGS - CATS - SKUNKS - RABBITS - RACCOONS - MINKS - FOXES - CHINCHILLAS - MONKEYS - SQUIRRELS - CHIPMUNKS (a) No person shall own any dog over the age of five months, cat, skunk, rabbit, raccoon, mink, fox, chinchilla, monkey, squirrel or chipmunk, when such animal is kept, harbored or intended as a pet, without causing the same to be vaccinated against rabies by a duly licensed veterinarian. (b) Vaccinations for and immunizations from rabies shall be caused to be repeated by an owner not less frequently than every three years. Every veterinarian vaccinating for and immunizing from rabies of an animal described in paragraph (a) hereof shall have the duty of providing the owner thereof I with a certificate showing the date of such vaccination and immunization, and such certificate shall be exhibited to any member of the Police Department or representative of the Board of Health upon demand." "SEC. 5-23. ANIMALS 1tffiICH BITE OR ARE SUSPECTED OF BITING - OBSERVATION - OWNING DOGS 1tffiICH BITE - CONCEALING INFORMATION ABOUT DOGS WHICH BITE (a) Any dog, cat, skunk, rabbit, raccoon, mink, fox, chinchilla, monkey, squirrel or chipmunk which shall bite any person or which shall be suspected by any law enforcement officer or the City Physician of biting any person shall beheld for observation by the pound master in conjunction with the City Physician. Such animal shall be impounded for fourteen days, and upon expiration thereof, no animal shall be released to the owner until all I . expenses incurred in connection with such confinement and observation have been paid by the owner. It shall be unlawful to release any such animal from the pound prior to the expiration of such 14 day period. If at the end of such 14 day period, the City Physician or a qualified veterinarian shall determine that the animal does not have rabies, such animal may be returned to the owner upon payment of all expenses incurred in connection with such confinement and observation. It shall be lawful for the pound master, or his - 6 - ORDINANCE NO. 4172 (Cont'd) agent, to destroy any impounded animal determined not to have rabies unless the owner shall, within five days after notice has been given, as provided in Section 5-21 of this Code, redeem such animal by paying the . I expenses incurred in connection with the confinement and observation or treatment. The minimum payment to be required shall be One Dollar ($1.00) per day from the day of impounding until the date of redemption, plus any cost of examination by the City Physician or qualified veterinarian. Pre- sentation of dog registration tags for the registration period shall be required before permitting the redemption of any dog. Heads of animals which are destroyed under this section shall be shipped without preservative and under refrigeration to the Department of Health, State of Nebraska. (b) It shall be the duty of any owner of a dog or other animal, upon information or notice that a person has been bitten or attacked by such dog or other animal to immediately place such dog or other animal under the care of the pound master for such period of 14 days for care and observation; the expense to be borne by the owner of such dog or other animal. The failure I and neglect of the owner to submit such dog or other animal within twenty- four hours after notice of said bite or attack shall constitute a violation of the requirements of this section for impounding and observation and dis- position of animals suspected of having rabies. (c) It shall be unlawful for any person to give any false information or statement concerning the owner, keeper, or harborer of any animal, or to knowingly conceal any information from a police officer or the dog catcher, which would lead to the capture of any animal mentioned in Subsection (a) of this section, whether kept as a pet or not, when such animal is believed by the police officer or dog catcher to have bitten a person." "SEC. 5-24. BARKING - HOWLING - YELPING - CHASING CARS - CHASING PEOPLE - CHASING HORSES - CHASING VEHICLES I . It shall be unlawful to own any dog which by loud, continuous or frequent barking, howling or yelping, shall annoy or disturb any neighborhood or person, or which chases people, horses, or vehicles to the annoyance of such parties." - 7 - ORDINANCE NO. L172 (Cont'd) SECTION 3. All rights or remedies are expressly saved as to any and all violations of Ordinances numbered 168, 1606, 1950, 3243, 3468, and 3919, that have accrued at the time of the effective date of this . I ordinance. SECTION 4. That Ordinances numbered 168, 1606, 1950, 3243, 3468, and 3919, as heretofore existing, be, and the same are, hereby repealed; that Section 5-1 of the Grand Island City Code as heretofore existing, and all other provisions of ordinances or parts of ordinances, compilations, revisions, codifications, and parts thereof, of the City of Grand Island, and parts of the Grand Island City Code in conflict herewith, be, and the same are, repealed. SECTION 5. Except as otherwise specified in Section 2 of this Ordinance, any person, upon conviction of a violation of any provision of Section 2 of this Ordinance, shall be punished as authorized and provided in Section 1-7 of the Grand Island City Code. SECTION 6. 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 ;z day of ~ ,1964. ~~~ President of the Council ATTE.. s~ y~ . ,,/ (; 7;~_,_ (~~~ City Clerk I . _ R _ . I I I . ~.',~"".,,,....-.~~..,. ::;;Jk; , (Jt:7"/. ,'7f' ORDINANCE NO. 4173 An Ordinance to amend Article II of Chapter 15 of the Grand Island City Code, entitled "Garbage, Refuse, Waste and Weeds" by repealing Sec. 15- 32 thereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA : SECTION 1. That Section 15-32 of the Grand Island City Code, as heretofore existing, be, and the same hereby is, repealed. SECTION 2. 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 second day of November~ ' President Of~Cil ATTEST: fY~ C Ci ty Clerk J, , J ;./ I d d . I I I . 4174 "'~~L~......c~.. ORDINANCE NO. An Ordinance pertaining to zoning: rezoning Block One (1) of Nelsen Second Subdivision in Sections Nineteen (19) and Twenty (20), T 11 N, R 9 W 6th P.M., in Hall County, Nebraska; changing the classification of said tract from "Residence "A" District" to "Industrial 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, ~EREAS, a petition was filed with the City Council requesting that Block One (1) of Nelsen Second Subdivision, located in Sections Nineteen (19) and Twenty Q20), T 11 N, R 9 W 6th P.M., in Hall County, Nebraska, now zoned and classified as "Residence "A" District" be rezoned as "Industrial District"; WHEREAS, such petition for rezoning was referred to the Planning Commission and by said Planning Commission approved, and approved by the Board of Education of School District No.1 in Hall County, Nebraska; and, ~REAS, after public hearing on the ~ day of November, 1964, the City Council found and determined that such request for rezoning should be granted and such tract hereinafter described be rezoned as "Industrial District", NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA.: SECTION 1. That the following described property located in Sections 19 and 20 in T 11 N, R 9 W 6th P.M., Hall County, Nebraska, more particularly described as follows: Block One (1) of Nelsen Second Subdivision, and hereto- fore zoned and classified as Residence "A" by Ordinances numbered 3699, 3853, and 4023, by authority of Section 16-901, R.R.S. Neb. 1943, be, and the same is hereby rezoned and reclassified and changed to "Industrial District" as defined by Appendix I - Zoning, of the Grand Island City Code. SECTION 2. That the official zoning map of the City of Grand Island be, and hereby is, ordered changed and amended in accordance with this Ordinance. SECTION 3. That Ordinances numbered 3699, 3853, and 4023, be, and the same are, hereby amended to reclassify the above described tract as "Industrial District". - 1 - lJ 174 ORDINANCE NO. CCont'd) SECTION 4. That this Ordinance shall be in force and take effect from and after its passage, approval, and publication, as by law provided. . I Enacted this ~ d~ President of the Council ATTEST: &;}~~ City Clerk I I . - 2 - r t.-t' if)f;' , :/ ~.'-'-- - -.,' . ., =,,"EZ/;j ,,> ORDINANCE NO. 4175 An Ordinance to amend Section 2-51 of Article V of Chapter Two of the Grand Island City Code entitled "Administration"; to confirm . I the included employees of the Department of Utilities Administration for Federal Old Age and Survivors' Insurance benefits and protection; to repeal Section 2-51 of such 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 2-51, Article V, Chapter Two, of Grand Island City Code, entitled "Administration" be, and hereby is, amended to provide as follows: "Section 2-51. Employees excluded from system. The following employees are hereby determined to be excluded by the terms of this division from participation in said system: (a) Any employee with respect to any position not authorized for coverage by applicable state or Federal laws or regulations of the Federal Administrative Agency." I SECTION 2. The inclusion heretofore for Federal Old Age and Survivors' Insurance benefits and protection of the several employees of the City of Grand Island not excluded by Section 2-51(a) of the Grand Island City Code is hereby ratified and confirmed. SECTION J. That Section 2-51 of the Grand Island City Code, as heretofore 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 /b day of ~ ' 1964. , ~ President of the Council I . ATTEST: /g/J~~~ (, ./. City Clerk Jib...'........''".'..'.'..'.,',..,., '. . ",-, 'u ;;:;-7:Su-'.~'~' ORDINANCE NO. 4176 An ordinance amending Ordinance No. 3901 of the ordi- nances of the City of Grand Island, Nebraska; fixing the . I maximum speed limit for motor vehicular travel on that part of West Fourth Street from Lincoln Avenue to Adams Street; providing for the erection of signs indicating the maximum allowable speed in said area; repealing all ordinances or parts of ordinances or provisions in the Grand Island City Code in conflict herewith; providing for penalties; and to provide the effective date hereof. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKAt SECTION 1. That Section I of Ordinance No. 3901 of the Ordinances of the City of Grand Island, Nebraska, be amended to read as follows: "Sec. 1. That from and after the effective date of I this ordinance the maximum speed for motor vehicular traffic on that part of West Fourth Street from Lincoln Avenue to Adams Street shall be twenty-five (25) miles per hour." SECTION 2. That Section 2 of Ordinance No. 3901 of the ordinances of the City of Grand Island, Nebraska, be amended to read as follows: "Sec. 2. That the Traffic Division be, and is hereby ordered to erect the necessary signs to inform the motoring public of the maximum allowable speed on that part of West Fourth Street from Lincoln Avenue to Adams Street." SECTION 3. That Sections 1 and 2 of Ordinance No. I . 3901 of the ordinances of the City of Grand Island, Nebraska, 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 pro- visions of this ordinance be, and the same are, here- by repealed. - 1 - ORDINANCE NO. 4176 (Cont'd) SECTION 4. That any person violating the provisions of this ordinance shall, upon conviction, be fined in any . I sum not exceeding One Hundred Dollars ($100) for each offense and shall stand committed to the City jail until such fine and costs of prosecution are paid, secured, or otherwise discharged according to law. 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. Enacted this /: day of /Y rv/ , 1964. ~ President of the Council I ATTEST.!. . --.} ~ _ ./;~/~ / City Clerk I . - 2 - ~...J/;,(!!!- .. ~P,.,. ~''''-- ..........,.",;--~""'^ ORDINANCE NO. 4177 . I AN ORDINANCE OF THE CITY OF GRAND ISLAND, NEBRASKA, AUTHORIZING THE ISSUANCE OF VARIOUS PURPOSE BONDS OF THE CITY OF GRAND ISLAND, OF THE PRINCIPAL AMOUNT OF TWO HUNDRED SIXTY THOUSAND DOLLARS ($260,000) TO PAY THE COST OF ]}1PROVING CERTAIN STREETS AND THE INTERSECTIONS AND AREAS FORMED BY THE CROSSING OF STREETS, AVENUES AND ALlEYS IN PAVING DISTRICT NO. 'S 364, 367, 384~393 and 396-399, INCLUSIVE, AND TO PAY THE COST OF CONSTRUCTION OF SEWERS AND :I11PROVEMENTS IN SEWER DISTRICT NO.'S 337 to 349, INCLUSIVE, PRESCRIBING THE TERMS AND THE FORM OF SAID BONDS AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE SAME. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The Mayor and Council of the City of Grand Island, Nebraska, hereby find and determine: That pursuant to ordinances hereto duly enacted Paving District No.'s 364, 367, 384 to 393, and 396 to 399, inclusive, were created in said City and certain improvements were constructed in each of said Paving Districts which improvements have been completed and have been I accepted by the City; that the cost of the paving and improvements of said streets, avenues and alleys in each of said Districts, and the reasonable value thereof was $258,002.14; special assessments have been duly levied according to law on the real estate in said Districts specially benefited by said paving and improvements and said special assessments are valid liens on the lots and tracts of real estate upon which they are levied; after applying to the payment of said cost of the improvements all moneys collected on the special assessments in said Districts there still remains due and payable by the City on the District Paving costs and Intersection Paving costs, including warrant interest and other incidental expenses, more than $157,000. That pursuant to ordinances heretofore duly enacted, Sewer District I . No.'s 337 to 349, inclusive, were created in said City and sewer and other improvements were constructed in each of said Sewer Districts, which improve- ments have been completed and have been accepted by the City; that the cost of such sewer construction and improvements was $120,741.52. Special assessments have been levied according to law on the real estate in said Sewer Districts specially benefited and said special assessments are valid liens on the lots and tracts of real estate upon which they were levied; ~ 1 - ORD:tNANCE NO. 4177 (Cant-d) after applying to the payment of said costs, all monies collected on the special assessments in said Sewer Districts, there still remains due and unpaid, more than $103,000 including warrant interest and other incidental . I expenses. SECTION 2. To pay the cost of said paving and improvements of the streets aU intersections in said Paving Districts and to pay the cost of construction of sewers and improvements in said Sewer Districts there shall be and there are hereby ordered issued Various Purpose Bonds of the City of Grand Island, 1965 Issue "A", of the principal amount of Two Hundred Sixty Thousand Dollars ($260,000) consisting of 260 bonds numbered from 1 to 260, inclusive, of $1,000.00 each, dated January 1, 1965. Bonds numbered 1 to 110, inclusive, shall bear interest at the rate of Three and One-quarter per centum (3t%) per annum; bonds numbered 111 to 200, inclusive, shall bear interest at the rate of Two and Three-quarters per centum (2 3/4%) per annum; and bonds numbered 201 to 260, inclusive, shall bear interest at the rate of Two and Seven-eights per centum (2 7/8%) per annum. I Interest shall be payable annually on January 1 of each year, on presentation and surrender of interest coupons attached as they severally become due. The principal of said bonds shall mature serially as follows: Bond Nos. Amount Maturity 1-25 $25,000 January 1, 1967 26-50 25,000 January 1, 1968 51-80 30,000 January 1, 1969 81-110 30,000 January 1, 1970 111-140 30,000 January 1, 1971 141-170 30,000 January 1, 1972 171-200 30,000 January 1, 1973 201-230 30,000 January 1, 1974 231-260 30,000 January 1, 1975 The City, however, reserves the option of redeeming bonds numbered III to 260, inclusive, at par plus accrued interest to the redemption date, I . at any time on or after January 1, 1970, in the inverse order of their serial y'umbers. r" SECTION 3. Said bonds shall be executed.on behalf of the City by being signed by the Mayor and City Clerk and shall have the City seal impressed on each bond. The interest coupons shall be executed on behalf of the City by being signed by the Mayor and City Clerk either by affixing their own proper signatures to each coupon or by causing their facsimile signatures to be affixed thereto. - 2 - ORDINANCE NO. 41 ?? (Conttd) SECTION 4. The City warrants that the special assessments upon the real estate specially benefited by said improvements have been lawfully levied and are valid liens on the respective lots and tracts of land upon . I which they have been levied and these assessments shall when collected constitute a sinking fund for the payment of the principal and interest of said bonds. The City agrees that it will collect said special assess- ments and in addition thereto, will cause to be levied and collected annually a tax by valuation on all the taxable property in the City, except intangible property, in addition to all other taxes, which with the amount of assess- ments collected shall be sufficient in rate and amount to fully pay the principal and interest on said bonds as the same become due. SECTION 5. Said bonds and coupons shall be in substantially the following form: I UNITED STATES OF AMERICA STATE OF NEBRASKA COUNTY OF HALL CITY OF GRAND ISLAND VARIOUS PURPOSE BOND OF THE CITY OF GRAND ISLAND 1965 ISSUE "A" No. $1,000.00 KNOW ALL MEN BY THESE PRESENTS: That the City of Grand Island, in the County of Hall, in the State of Nebraska, hereby acknowledges itself to owe and for value received promises to pay to bearer hereof the sum of ONE THOUSAND DOLLARS ($1,000) in lawful money of the United States of America on the 1st day of January, 19 -' with interest thereon from the date hereof (on bonds numbered 1 to 110, inclusive, insert "to maturity at the rate of Three and One-quarter per centum (3t%) per annum".) (on bonds numbered 111 to 200, inclusive, insert "to maturity at the rate of Two and Three-quarters per centum (2 3/4%) per annum.") (on bonds numbered 201 to I . 260, inclusive, insert "to maturity at the rate of Two and Seven-eights per centum (2 7/8%) per annum.") Interest shall be payable annually on January 1 of each year on presentation and surrender of interest coupons hereto attached as they severally become due. Both the principal hereof and interest hereon are payable at the office of the Treasurer of Hall County of Grand Island, Nebraska, and for the prompt payment of this bond, principal and interest, the full faith and credit of said City of Grand Island, Nebraska, and its properties and revenues are hereby irrevocably pledged. - 3 - ORDINANCE NO. 4177 (Cont'd) (On bonds numbered III to 260, inclusive, insert ItThis bond shall be redeemable prior to maturity at the option of the City at any time on or after January 1, 1970, at par plus accrued interest to the redemption . I date. If less than all of the bonds of this issue are redeemed at any time, they shall be redeemed in the inverse order in which they are numbered.lt) This bond is one of a series of 260 bonds numbered from 1 to 260, inclusive, being in the denomination of One Thousand Dollars ($1,000.00) each, of the total amount of Two Hundred Sixty Thousand Dollars ($260,000), all of like date and tenor, except as to date of maturity and rate of interest, which are issued by the City pursuant to Article 18 of Chapter 18, R.R.S. Nebraska, 1943, for the purpose of paying the cost of paving and improving the streets, avenues and alleys and the intersections and areas formed by the crossing of streets, avenues and alleys in Paving District No.'s 364, 367, 384 to 393, and 396 to 399, inclusive, in said City, and the cost of construction of sewers and improvements in Sewer District No.'s 337 to 349, inclusive, under the authority of and in full compliance with the .laws of I the State of Nebraska governing said City, and by virtue of ordinances and resolutions duly enacted by said City as required by law. IT IS HEREBY CERTIFIED AND WARRANTED that all conditions, acts and things required by law to exist or to be done precedent to and in the issuance of this bond did exist, did happen and were done and performed in regular and due form and time as required by law and that the indebtedness of said City, including this bond, does not exceed any constitutional or statutory limit- ation4 All special assessments levied upon real estate in said Districts specially benefited by said improvements are valid liens on the lots and tracts of land upon which they have been levied, and shall when collected be set aside and constitute a sinking fund for the payment of the principal and interest of said bonds4 The City agrees that it will collect said I . special assessments and, in addition thereto, will cause to be levied and collected annually a tax by valuation on all the taxable property in the City, except intangible property, in addition to all other taxes, which with the amount of assessments collected shall be sufficient in rate and amount to fully pay the principal and interest on said bonds as the same become due. - 4 - ORDINANCE NO. 4177 (Cont'd) IN WITNESS WHEREOF the Mayor and City Council have caused this bond to be executed on behalf of the City of Grand Island by being signed by its Mayor and Clerk and by causing the official seal of the City to be . I affixed hereto and have caused the interest coupons hereto attached to be executed on behalf of the City by the facsimile signatures of the Mayor and City Clerk and said Mayor and Clerk do by the execution of this bond adopt as and for their own proper signatures their respective facsimile signatures affixed to said coupons. DATED this first day of January, 1965. ATTEST: CITY OF GRAND ISLAND, NEBRASKA. (Signature) City Clerk By (S E A L) I I . - 5 - ORDINANCE NO. 4177 (Contrd) (FORM OF COUPON) . I No. $ On the first day of January, 19_, the City of Grand Island, Nebraska, will pay to bearer Dollars at the office of the Treasurer of Hall County, Nebraska, in the City of Grand Island, Nebraska, for interest due on that day on its Various Purpose Bond, 1965 Issue "A", dated January 1, 1965, No. (unless the bond to which this coupon is attached has heretofore been called for payment and payment made or provided for.) ~ Mayor (Facsimile Signature) City Clerk SECTION 6. After being executed by the Mayor and Clerk said bonds shall be delivered to the City Treasurer who shall be responsible therefor I under his official bond. The City Treasurer shall cause said bonds to be registered in the office of the Auditor of Public Accounts of the State of Nebraska and in the office of the County Clerk of Hall County, Nebraska. The City Clerk is directed to make and certify in duplicate transcripts of the proceedings of the City precedent to the issuance of said bonds, one of which transcripts shall be filed with the Auditor of Public Accounts of the State of Nebraska, and the other shall be delivered to the purchaser of said bonds. The bonds shall be delivered to the purchaser thereof on receipt of the purchase price (which is not less than par) in accordance with the contract of the City with said Company, which contract is hereby confirmed and approved. SECTION 7. This ordinance shall take effect and be in full force from I . and after its passage Enacted this as provided by law. /../ day of ~~~..,,~/ ~~ ex officio Mayor and President of the Council , 1964. ATTEST: :J-: cfl # - 6 ... t~).?!NJ~;f~ !)::1':E::: ~,;X.J.t""""'.;."'lL,,-,,~_",,,~~;r~~ ORDINANCE NO. 4178 An Ordinance to amend Chapter 15 of the Grand Island City Code entitled "Garbage, Refuse, Waste and Weeds", by amending Sections 15-30, . I 15-31, and 15-40; to repeal Sections 15-30, 15.,.31, and 15-40 as hereto- fore existing; and to provide the effective date hereof. BE IT ORDAmED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Sections 15-30, 15";31, and 15-40 of Article II of Chapter 15 entitled "Garbage, Refuse, Waste and Weeds" of the Grand Island City Code be, and hereby are, amended to read as follows: "Section 15-30. Billings. It shall be the duty of the Department of Sanitation to accumulate all information necessary for billing by the Finance Department of customers of the garbage collection service of the City of Grand Island." "Section 15-31. Statements: Quarterly; Monthly. I All garbage and waste collection by the Department of Sanitation of the City of Grand Island, except special collection, shall be paid for in advance. Residential customers shall be billed quarterly in advance. All other regular customers, other than residential customers, shall be billed monthly in advance. All "special" collection service shall be billed on the first day of the month and payable by the tenth day of the same month following such special service. Regular customers who neglect or fail to pay in advance shall be refused further collection service until the required service charge is paid. All billings for City service shall be payable at the office of the City Treasurer. The residential quarterly periods shall commence January 1, April 1, July 1,. and October 1, of successive calendar years." "Section 15-40. Same - Monthly statement; when due and where payable. All charges made for such use of the City dump shall be billed on the first day of the month and payable by the tenth day of such month, Provided, the Department of Sanitation shall accumulate all information necessary for such billings by the Finance Department and all such billings shall be payable at the office of the City Treasurer." SECTION 2. That Sections 15-30, 15-31, and 15-40 of the Grand Island City Code as heretofore existing, be, and hereby are, repealed. I . SECTION 3. 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 14th day of December, 1964. ~~ President of the Council ATTEST: r!J~ . City Clerk APPHD1JED ::<&:~~ 1ll.1~~.~;t'.N"K,;";;"':'-"""..'_'~3>_.'" ORDINANCE NO. 4179 An Ordinance pertaining to zoning; rezoning part of the Southeast Quarter (SEt) of Section Twenty-Four (24), Township Eleven (11) North, Range Ten (10) West of the Sixth P.M., Hall vounty, Nebraska; changing . I the classification of said tract from "A-Residence District" to "Industrial 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 Nets. 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 the Southeast Quarter (SEt) of Section Twenty-Four (24), Township Eleven (11) North, Range Ten (10) West of the Sixth P.M., now zoned and classified as "A- Residence District" be rezoned and reclassified to "Industrial District"; WHEREAS, said petition for rezoning was referred to the Planning Commission and by said Planning Commission approved; and ~REAS, the Board of Education of School District No.1 in Hall County, Nebraska, after thirty days notice, as required by Section 79- I 4,151, R.S. Sup. 1963, is deemed to have approved such request for rezoning; and, WHEREAS, after public hearing on the 2e day of Deaernber 1964 -' the City Council found and determined that such request for rezoning should be granted, and the tract of land hereinafter described be reclassified as "Industrial District". 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-Four (24), Township Eleven (11) North, Range Ten (10) West of the Sixth P.M., more particularly described as follows: I . Referring to the Southeast corner of Section Twenty-Four (24); thence West One Thousand Thirty-Three and Four lenths (1,033.4) feet to the point of beginning; thence Northwest 69017' right a distance of Six Hundred Ninety-Two and Three Tenths (692.3) feet to a point of curvature thence continuing Northwest on a Three Thousand Nineteen and Seventy-Nine Hundredths (3,019.79) feet radius curve to right (initial tangent of which coincides with the last described course 0018'30" right a distance of Thirty-Two and Nine Tenths (32.9) feet thence continuing Northwest on a line which forms an angle of 1046' right from the final tangent of the last described cl~ve, a distance of Four Hundred Six and Eight Tenths (406.8) feet; thence northerly .... 1 - ORDINANCE NO. 4179 (Cont'd) . I 09021' a distance of Six Hundred Twenty-Four and Eight Tenths (624.8) feet; thence Southwest an interior angle of 68035' a distance of Five Hundred Sixty-Four and Seventy-Eight Hundredths ;(564.78) feet; thence an interior angle right of 121022' 30" southerly a distance of One Thousand Three Hundred Ninety-Two (1,392.0) feet to a point on the south line of Section Twenty-Four (24), thence easterly with an interior angle of 89020' a distance of Nine Hundred Eighty-Nine and Thirty Hundreds (989.30) feet to the point of beginning, heretofore zoned and classified as "A-Residence District" by Ordinances No'd. 3699, 3853, and 4023, by authority of Section 16-901, Revised Statutes of Nebraska, 1943, Reissue, 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 crdered and changed and amended in accordance with this Ordinance. SECTION 3. That the Ordinances No'd. 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, I from and after its passage, and publication within thirty days in one issue of the Grand Island Daily Independent. ,u~&_..&~ Enacted this -r& day of " , 196_. ~~ Presldent of the Councll ATTEST: 11 ~~:k-Z- I . - 2 - .,BfIftI i/~. .' ORDINANCE NO. 4180 . I An Ordinance amending Subsection K of Section I of Ordi- nance No. 4147 of the ordinances of the City of Grand Island, Nebraska, as published in pamphlet form; fixing the complement, ranges of compensation and hours of work time for certain classi- fications of officers and employees of the Grand Island Fire Department; fixing the date such complement, ranges of compen- sation and hours of work time for certain classifications of officers and employees of the Grand Island Fire Department shall become effective; providing for publication of this ordinance in pamphlet form; and repealing Subsection K of Section I of Ordinance No. 4147, 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 I. That Subsection K of Section I of Ordinance I No. 4147 of the ordinances of the City of Grand Island, Nebraska~ as published in pamphlet form be amended to read as follows: ilK. FIRE DIVISION (Effective through December 31, 1964) 1. Chief 1 450/600 per mo. 2. Assistant Chiefs 2 72 hrs. 400/475 per mo. 3. Captains 4 72 hrs. 370/400 per mo. 4. Drivers 14 72 hrs. 345/360 per mo. 5. Ambulance Helpers 2 72 hrs. 345/360 per mo. 6. Firemen 16 72 hrs. 330/350 per mo. 7. Vacation Men (l~ mos.) 4 266 ea. per mo. 8. Fire Alarm Dispatchers 3 40 hrs. 200 ea. per mo. 9. Drill Instructor (For quiified personnel in addition to salary) 25.00 per mo. 10. Holiday Pay 1,617.90-5 mos. Following in effect after January 1, 1965 1. Chief 1 450/600 per mo. I 2. Assistant Chiefs 3 60 hrs. 400/475 per mo. 3. Captains 6 60 hrs. 390/410 pe r mo. 4. Lieutenant 3 60 hrs. 375/390 per mo. 5. Firefighter I 3 60 hrs. 360/370 per mo. . 6. Firefighter 30 60 hrs. 345/370 per mo. 7. Holiday Pay 2,157.10-7 mos. 8. Drill Instructor (For qualified personnel in addition to salary) 25.00 per mo. II - 1 - oW ORDINANCE NO. 4180 (Cant I d) SECTION 2. That Subsection K of Section I of Ordinance . I No. 4147 of the ordinances of the City of Grand Island, Nebraska, as published in pamphlet form, as heretofore existing be, and hereby is, repealed, and that all ordi- nances 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 3. That this ordinance shall take effect on the first day of January, 1965. SECTION 4. That this ordinance is hereby directed to be published in pamphlet form and attached to Ordinance No. 4147 as an amendment thereto and is to be distributed as directed by the President of the Council. __ / Enacted this p.. f' day of .<:J....u-~C"~ , 1964. I ~~ c. <, :i ( , . v"7vL' "~4......, President 0 the Council City Clerk I . - 2 -