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1999 Ordinances I . This Space Reserved for Register of Deeds. ORDINANCE NO. 8434 An ordinance to create Street Improvement District No. 1219; to define the boundaries of the district; to provide for the improvement of streets within the district by paving, I curbing, guttering, storm drainage, and other incidential work in connection therewith; to provide for the filing of this ordinance with the Hall County Register of Deeds; and to provide the publication and effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 1219 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: I Beginning at the northeast comer of Lot Eighteen (18), Block Two (2), Roush Subdivision; thence north on the west line of Kingswood Drive and a prolongation thereof to a point One Hundred Twenty Six (126.0) feet north of the south line of Stolley Park Road; thence east on a line One Hundred Twenty Six (126.0) feet north of and parallel to the south line of Stolley Park Road for a distance of Sixty (60.0) feet; thence south on the east line of Kingswood Drive and a prolongation thereof to the northwest comer of Lot One (1) Murry Subdivision; thence east on the north line of Lots One (1) through Fifteen (15), Approved as to Form... cqr: January 7, 1999 "" City Attorney I I I ORDINANCE NO. 8434 (Cont.) inclusive, Murry Subdivision to the east line of Murry Subdivision; thence south on the east line of Murry Subdivision and a prolongation thereof to the southeast corner of Lot Sixteen (16), Murry Subdivision; thence west of the south line of Lot Sixteen (16) through Forty Four (44), inclusive, Murry Subdivision and Lots Eight (8) and Nine (9) Block Five (5), Roush Subdivision and a prolongation thereof to the west line of Bellwood Drive; thence north on the west line of Bellwood Drive to a point where the prolongation of the north line of Lot Ten (10), Block Two (2), Roush Subdivision intersects; thence east on the north line of Lots Ten (10) through Eighteen (18), inclusive, Block Two (2), Roush Subdivision and a prolongation thereof to the point of beginning, all as shown on the plat dated December 23, 1998, attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 3. The following street in the district shall be improved by paving and other incidental work in connection therewith: Roush Lane, from Bellwood Drive to the east line of Murry Subdivision, in the City of Grand Island, Hall County, Nebraska Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the City of Grand Island and approved by the Mayor and City Council. SECTION 4. All improvements shall be made at public cost, but the cost thereof shall be assessed upon the lots and lands in the district specially benefited thereby as provided by law. SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, as provided by law. -2- Approved as to Form T CI3lS January 7, 1999 ... City Attorney I I I ORDINANCE NO. 8434 (Cont.) SECTION 7. After passage, approval and publication of this ordinance, without the plat, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted: January 11, 1999. Ken Gnadt, Mayor Attest: Cindy K. Johnson, City Clerk This Ordinance was tabled at the January III 1999 City Council Meeting, - 3 - Approved as to Form T ('4" January 7, 1999 ... City Attorney I I I I il BELL WOOD il DR. "'0' '" '00' ... 2 ~:I: 9 ) ~ 10 ~ ~ 9 (/j r;'\ !E c ..J~ ~ ~ ~~ 8 "\ :s Q::: il '00' il 44 ~ a:i <i> U) 40 ~ ( D (f) ~35 ;; ~ ::> 0 --:iE a::: ~ 18 11 11 1 ... Iil 31 ~ - /POINT OF i GINNI G 9 ,,.,. '" ,'" ,"0' ' ~ il KINGSWOOD il DR. ill il '00 il '" il ,,.,. ,ocr , 30 1...,:il a:i ~ ~ ..' ~ 10 Vi (f) ~ ~ 5 . 25 CD (f) 10 ~ ..... ~ (f) ~ 20 ::> ~ I.L. ~ ~ ~ <( ::::> -J :::E ~ -:;- -J ::) ~ ~ l~ .- il V) 15 = 16 ~ '" ~ 15 ; .... Iii ,'" E X H I BIT II A II Z L--- PLAT TO ACCOMPANY ORDINANCE NO. 8434 CITY OF GRAND ISLAND , NEBR. ENGINEERING DEPARTMENT STREET IMPROVEMENT DISTRICT 121 9 SCALE 1 "=200' L.D.C. 12/23/98 I . This Space Reserved for Register of Deeds. ORDINANCE NO. 8435 An ordinance to create Street Improvement District No. 1220; to define the boundaries of the district; to provide for the improvement of streets within the district by paving, I curbing, guttering, storm drainage, and other incidential work in connection therewith; to provide for the filing of this ordinance with the Hall County Register of Deeds; and to provide the publication and effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 1220 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: I Beginning at a point where the east line of Walnut Street intersects the north line of Third Street; thence west on a prolongation of the north line of Third Street to the west line of Walnut Street; thence northerly on the west line of Walnut Street for a distance of One Hundred Thirty Two (132.0) feet; thence west on the north line of Lots Five (5), Six (6), Seven (7), and Eight (8), Block Fifty Eight (58), Original Town and Lots One (1) and Two (2), Jensen Subdivision to the east line of Cedar Street; thence southerly on the east line of Cedar Street for a distance of One Hundred Thirty Two (132.0) feet to the north line of Third Street; thence Approved as to Form T r;q::: January 7, 1999 ... City Attorney I I I ORDINANCE NO. 8435 (Cont.) west on a prolongation of the north line of Third Street to the west line of Cedar Street; thence north on the west line of Cedar Street to the northeast corner of Lot One (1), Block Fifty Nine (59) Original Town; thence east on a prolongation of the north line of Lot One (1), Block Fifty Nine (59) Original Town to the east line of Cedar Street; thence south on the east line of Cedar Street for a distance of One Hundred Thirty Two (132.0) feet; thence east on the south line of Lots One (1), Two (2), Three (3), and Four (4), Block Fifty Eight (58) Original Town to the west line of Walnut Street; thence north on the west line of Walnut Street to the northeast corner of Lot One (1), Block Fifty Eight (58) Original Town; thence east on a prolongation of the north line of Lot One (1), Block Fifty Eight (58) Original Town to the east line of Walnut Street; thence south on the east line of Walnut Street to the point of beginning, all as shown on the plat dated November 5, 1998, attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 3. The following alley in the district shall be improved by paving and other incidental work in connection therewith: The alley located between Third Street and South Front Street, from and including Walnut Street to Cedar Street, in the City of Grand Island, Hall County, Nebraska Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the City of Grand Island and approved by the Mayor and City Council. SECTION 4. All improvements shall be made at public cost. SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, as provided by law. SECTION 7. After passage, approval and publication of this ordinance, without the plat, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted: January 11, 1999. - 2 - Approved as to Form " ~ January 7, 1999 ... City Attorney I I I ORDINANCE NO. 8435 (Cont.) ~/ -.' / \, ~ ~.~/ _--.--- ._ ~-Pl../I' Attest: - 3 - Approved as to Form T January 7, 1999 .. City Attorney I ~ 8 1 80' 132' 132' CEDAR "0 ST. "0 ro ro 80' (0 132 132 <0 5 4 (0 <0 JEN (0 8 (0 <0 <0 SUB. 80' 132' 6 132' I WALNUT '0 '0 ST. ro ro 80' 132 80' . 4 (0 r- <0 ZIL U1 SUB. 0 r- 0::: - Z I 0 r- 0::: (0 8 1 (0 LL- <0 <0 80' 132' 6 132' 80' WHEELER '0 "0 AVE. ro ro =1 I 4 r- ::J 0 I U1 EXHIBIT" A" CITY OF GRAND ISLAND , NEBR. ENGINEERING DEPARTMENT PLAT TO ACCOMPANY ORDINANCE NO. 8435 STREET IMPROVEMENT DIST. 1220 SCALE 1"=100' L.D.C. 11/5/98 I I I ORDINANCE NO. 8436 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising a part of the North Half of the Southeast Quarter (NlIz SE'i4) and a part ofthe South Half of the Northeast Quarter (SlIz NE'i4), all being in Section Fourteen (14), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., City of Grand Island, Hall County, Nebraska, from TA-Transitional Agriculture Zone to Rl-Suburban Residential Zone; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on January 6, 1999, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Board of Education of School District No.2 in Hall County, Nebraska; and WHEREAS, after public hearing on January 11, 1999, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The tract of land compnsmg a part of the North Half of the Southeast Quarter (NlIz SE'i4) and a part of the South Half of the Northeast Quarter (SlIz NE'i4), all being in Section Fourteen (14), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., City of Grand Island, Hall County, Nebraska, more particularly described as follows: Beginning at the southeast comer of Westwood Park Subdivision, said point also being on the east line of said North Half of the Southeast Quarter (NlIz SE'i4); thence S 00000'00" W (Assumed Bearing), along and upon the east line of said North Half of the Southeast Quarter (NlIz SE'i4), a distance of Three Hundred Fifty Approved as to Form T cK' January 7, 1999 .... City Attorney I ORDINANCE NO. 8436 (Cont.) I (350.0) feet; thence N 89006'05" W, parallel with the south line of Lots Nineteen (19) thru Twenty Three (23), inclusive, said Westwood Park Subdivision, a distance of One Thousand Two Hundred Thirty Four and Twenty Two Hundredths (1,234.22) feet; thence N 33025'53" W, a distance of Sixty Seven and Twelve Hundredths (67.12) feet; thence N 60003'50" W, a distance of One Hundred Fifty (150.0) feet; thence S 29056'10" W, a distance of Twenty Five (25.0) feet; thence N 89006'05" W, parallel with the south line of said Lots Nineteen (19) thru Twenty Three (23), inclusive, Westwood Park Subdivision, a distance of Four Hundred Fifty Five (455.0) feet; thence N 00016'41" E, parallel with the west line of said South Half of the Northeast Quarter (SYl NElf4), a distance of Four Hundred Twenty Five (425.0) feet; thence N 89006'05" W, parallel with said south line of Lots Nineteen (19) thru Twenty Three (23), inclusive, Westwood Park Subdivision, a distance of One Hundred Fifty Two and Twenty Eight Hundredths (152.28) feet; thence N 30033'29" W, a distance of Ninety Seven and Seven Tenths (97.70) feet; thence N 82033'35" W, a distance of One Hundred Sixty and Thirty Six Hundredths (160.36) feet; thence N 00016'41" E, parallel with the west line of said South Half of the Northeast Quarter (SYl NElf4), a distance of One Hundred (100.0) feet; thence N 89006'05" W, parallel with said south line of Lots Nineteen (19) thru Twenty Three (23), inclusive, Westwood Park Subdivision, a distance of One Hundred Fifty Six (156.0) feet; thence S 86007'52" W, a distance of Sixty and Sixteen Hundredths (60.16) feet; thence N 89006'05" W, parallel with said south line of Lots Nineteen (19) thru Twenty Three (23), inclusive, Westwood Park Subdivision, a distance of One Hundred Thirty Six (136.0) feet to a point on the easterly right of way line of the City of Grand Island - Highland Park Drainway, said point being Forty (40.0) feet east of the west line of said South Half of the Northeast Quarter (SYl NElf4); thence N 00016'41" E, along and upon said easterly right-of-way line of the Highland Park Drainway, and being parallel with and Forty (40.0) feet east of the west line of said South Half of the Northeast Quarter (SYl NElf4), a distance of Four Hundred Twenty Nine and Eighty Nine Hundredths (429.89) feet to a point on the south line of Westwood Park Second Subdivision, said point being Forty (40.0) feet east of the southwest comer of Lot Thirteen (13), said Westwood Park Second Subdivision; thence S 89006'05" E, along and upon the south line of said Westwood Park Second Subdivision, and along and upon the south line of Lot Ten (10), Westwood Park Third Subdivision, said line also being parallel with said south line of Lots Nineteen (19) thru Twenty Three (23), inclusive, Westwood Park Subdivision, a distance of Five Hundred Five and Twenty Four Hundredths (505.24) feet to the southeast comer of Lot Ten (10), said Westwood Park Third Subdivision and also being a point on the westerly line of Norwood Drive; thence running southerly, along and upon the westerly line of said Norwood Drive and also being along and upon the arc of a curve to the left whose radius is 160 feet, a distance of Sixty Four Hundredths (0.64) feet (long chord bearing S 00024'11" W - long chord distance 0.64') to a point on the south line of I - 2 - Approved as to Form T January 7, 1999 ... City Attorney I I I ORDINANCE NO. 8436 (Cont.) said Westwood Park Third Subdivision; thence S 89042'45" E, along and upon the south line of said Westwood Park Third Subdivision, a distance of Sixty (60.0) feet to the southwest comer of Lot Eleven (11), said Westwood Park Third Subdivision; thence S 8906'05" E, along and upon the south line of Lots Eleven (11) thru Seventeen (17), inclusive, said Westwood Park Third Subdivision, said line also being parallel with the south line of Lots Nineteen (19) thru Twenty Three (23), inclusive, of said Westwood Park Third Subdivision, a distance of Nine Hundred Sixty Five (965.0) feet to the northwest comer of Lot Twelve (12), said Westwood Park Subdivision; thence S 00014'16" W, along and upon the west line of Lot Twelve (12), said Westwood Park Subdivision, a distance of One Hundred Thirty (130.0) feet to the southwest comer of Lot Twelve (12), said Westwood Park Subdivision, said point also being on the northerly line of E1mwood Drive; thence N 88031'04" W, along and upon the northerly line of said E1mwood Drive, a distance of Fifteen (15.0) feet to a point on the west line of said Westwood Park Subdivision, said point also being on the prolongation of the west line of Lots Thirteen (13) thru Seventeen (17), inclusive, said Westwood Park Subdivision; thence S 00015'51" W, along and upon the prolongation of the west line of Lots Thirteen (13) thru Seventeen (17), inclusive, said Westwood Park Subdivision, and along and upon the west line of Lots Thirteen (13) thru Seventeen (17), inclusive, said Westwood Park Subdivision, a distance of Six Hundred Sixty (660.0) feet to the southwest comer of Lot Seventeen (17) of said Westwood Park Subdivision; thence S 89009'13" E, along and upon the south line of Lot Seventeen (17), said Westwood Park Subdivision, and along and upon the south line of said Westwood Park Subdivision, a distance of Two Hundred Thirty (230.0) feet to a point on the easterly line of Sweetwood Drive; thence N 00012'50" E, along and upon the easterly line of said Sweetwood Drive, a distance of Nineteen (19.0) feet to the southwest comer of Lot Eighteen (18), said Westwood Park Subdivision; thence S 89004'35" E, along and upon the south line of said Lot Eighteen (18), Westwood Park Subdivision, a distance of One Hundred Seventy Four (174.0) feet to the southeast comer of said Lot Eighteen (18), Westwood Park Subdivision, said point also being on the west line of Lot Nineteen (19), said Westwood Park Subdivision; thence S 00055" W, along and upon the west line of said Lot Nineteen (19), Westwood Park Subdivision, a distance of Thirty Seven (37.0) feet to the southwest comer of said Lot Nineteen (19), Westwood Park Subdivision; thence S 89006'05" E, along and upon the south line of said Lots Nineteen (19) thru Twenty Three (23), inclusive, Westwood Park Subdivision and its prolongation, a distance of Six Hundred Sixty One and Forty Seven Hundredths (661.47) feet to the point of beginning and containing 36.992 acres, more or less; is hereby rezoned and reclassified and changed from TA-Transitiona1 Agriculture Zone to R1- Suburban Residential Zone. - 3 - Approved as to Form T January 7, 1999 .. City Attorney I I I ORDINANCE NO. 8436 (Cont.) SECTION 3. The Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-7 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: January 11, 1999. wvJ , ity Clerk - 4 - Approved as to Form T {'~ January 7, 1999 ... City Attorney I I I ORDINANCE NO. 8437 An ordinance to amend Chapter 5 of the Grand Island City Code; to amend Sections 5-1 and 5-37 pertaining to dangerous and vicious animals; to add Article VIII and Section 5-47 pertaining to an appeal process for animals declared dangerous and/or vicious; to repeal Sections 5-1 and 5-37 as now existing, and any ordinance or parts of ordinances III conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 5-1 of the Grand Island City Code is hereby amended to read as follows: ~5-1. Definitions As used in this chapter, the following terms mean: Animal. Any live, vertebrate creature other than human beings. Animal Shelter. Any facility operated by the City or the contracting agency for the purpose of impounding or caring for animals held under the authority of this chapter. Auctions. Any place or facility where animals are regularly bought, sold, or traded, except for those facilities otherwise defined in this ordinance. This section does not apply to individual sales of animals by owners. Birds. Any feathered vertebrate, including pigeons, but excluding poultry. Bite. Any seizure with the teeth by an animal which causes an abrasion, puncture or wound of the skin. Circus. A commercial variety show featuring animal acts for public entertainment. Commercial Animal Establishment. Any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, performing animal exhibition, or kennel (this term shall not include a veterinary hospital or veterinary clinic). Contractinfl Aflency. The person, association, corporation, or partnership with which the City has contracted to enforce the provisions of this chapter. Dangerous Animal. Any animal that (a) has killed or inflicted severe injury on a human being on public or private property; (b) has killed a domestic animal without provocation while the animal was off the owner's property; or (c) has been previously determined to be a potentially dangerous animal according to this chapter and such animal subsequently and aggressively bites, attacks, or endangers the safety of humans or domestic animals. Under (a) and (c) herein, the animal shall not be considered a dangerous animal if the conduct of the animal in question is directed at a person: (1) Who, at the time, was committing a willful trespass or any other tort upon the property of the owner of the animal; (2) Who, at the time, was tormenting, abusing, or assaulting the animal; (3) Who, in the past, has been observed or reported to have tormented, abused, or assaulted the animal; or (4) Who, at the time, was committing or attempting to commit a crime against the person, against public peace, or relating to the property. Enclosure. Any tract of land intended to restrain or contain an animal by means of a building, fence, or any other means. Fowl. Any poultry, other than pigeons. Grooming Shop. A commercial establishment where animals are bathed, clipped, plucked, or otherwise groomed. Approved as to Form ... ~ January 12, 1999 '" City ttorney I I I ORDINANCE NO. 8437 (Cont.) Health Department. An agency with which the City contracts to enforce the provisions of Chapter 5 - Animals of the Grand Island City Code. Humane Society. An agency with which the City contracts to enforce the provisions of Chapter 5 - Animals of the Grand Island City Code. Humane Sodetv Officer. Any police officer, Health Department employee, or employee of the contracting agency who is performing the duty of enforcing the provisions of this chapter. Kennel. Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats. Livestock. Any hoofed animal commonly associated with domestic agricultural purposes, including but not limited to: horses, mules, donkeys, cows, sheep, goats, llamas, hogs, and miniature pot belly pigs. Owner. Any person, partnership, or corporation owning, keeping, harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more. Performing Animal Exhibition. Any spectacle, display, act, or event other than circuses in which performing animals are used. Pet. Any animal kept for pleasure rather than utility. Pet Shoo. Any person, partnership, or corporation, whether operated separately or in connection with another business except for a licensed kennel, that buys, sells, or boards any species of animal. Potentiallv Dangerous DOf!. (a) Any dog that when provoked (1) inflicts a wound on a human or injures a domestic animal either on public or private property, or (2) chases or approaches a person upon streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude or attack; or (b) any dog with a known propensity, tendency, or disposition to attack when unprovoked, to cause injury, or to threaten the safety of humans or domestic animals. Restraint. Any animal secured by a leash or lead, or under the control of a responsible person and obedient to that person's commands, or within the real property limits of its owner. Residence. The structure used as a domicile by a person or a family. Ridinf! School or Stable. Any place which has available for hire, boarding and/or riding instruction, any horse, pony, donkey, mule, or burro. Scratch. Any scraping with the claws by an animal which causes an abrasion, puncture or wound of the skin. Severe In;urv. Any physical injury to a person that results in disfiguring lacerations requiring multiple sutures or cosmetic surgery, or one or more broken bones, or that creates a potential danger to the life or health of a victim. Shelter. Any structure with a roof and walls designed and/or intended to house one or more animals. Veterinary Hospital or Veterinarv Clinic. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseased and injured animals. Vicious Animal. Any animal that conforms to the definition of a dangerous animal and that could not be controlled or restrained by its owner at the time of any occurrence underlying the animal's declaration as a dangerous animal or which cannot be sufficiently controlled or restrained by the animal's owner to prevent any such occurrence in the future. Wild Animal. Any live animal normally found living in a state of nature and not normally subjected to domestication, including but not limited to: monkeys, raccoons, skunks, snakes, and lions, but excluding birds. Zoolof!ical Park. Any facility, other than a pet shop or kennel, displaying or exhibiting one or more species of non domesticated animals operated by a person, partnership, corporation, or government agency. SECTION 2. Section 5-37 of the Grand Island City Code is hereby amended to read as follows: ~5-37. Dangerous Animals; Restraint; Impoundment; Confiscation (A) No owner of a dangerous or potentially dangerous animal shall fail to keep such animal securely muzzled and restrained by a leash or chain whenever off the owner's property. - 2 - Approved as to Form 0 January 12, 1999 0 City Attorney I I ORDINANCE NO. 8437 (Cont.) (B) Any dangerous animal in violation of S5-36 or S5-37 of the Grand Island City Code may be impounded by humane society officers pending the owner paying the costs of confinement, licensing and vaccination, if applicable, and demonstrating the ability of complying with said sections thereafter. Disposition of any dangerous animal impounded for violation ofs5-36 or s5-37 shall be governed by S5-44. SECTION 3. Article VIII and Section 5-47 is hereby added to the Grand Island City Code to read as follows: ~5-47. Dangerous and Vicious Animals; Declaration; Appeal; Disposition (A) If it shall appear to the Director of the Humane Society that any animal conforms to the definition of a dangerous animal or vicious animal, written notice declaring the animal a dangerous or vicious animal shall be delivered to the animal's owner either by personal service or by mail addressed to the last known address of said owner. (B) In the case of a dangerous animal, within five (5) days of personal service or mailing of a notice of declaration to the animal's owner said owner shall either provide reasonable proof of compliance with s5-36 and s5- 37 of the Grand Island City Code or shall deliver said animal to the Humane Society for impoundment and disposition pursuant to s5-37(B). Refusal or failure by the owner of any animal declared a dangerous animal to comply with this subsection shall be a violation of the Grand Island City Code and shall be subject to abatement as a public nuisance pursuant to s5-46. (C) In the case of a vicious animal, within five (5) days of personal service or mailing of a notice of declaration to the animal's owner said owner shall surrender the animal to the Humane Society for humane euthanization. Refusal or failure by the owner of any animal declared a vicious animal to comply with this subsection shall be a violation of the Grand Island City Code and shall be subject to abatement as a public nuisance pursuant to s5-46. (D) The owner of any animal declared a dangerous animal or vicious animal by the Director of the Humane Society may appeal the Director's decision to the Animal Advisory Board by submitting a letter of appeal to the Director within 72 hours of either receiving personal service or mailing of the written notice of declaration. At the time of submitting the letter of appeal to the Director, any animal declared a vicious animal shall be surrendered to and impounded by the Humane Society pending a hearing of the appeal by the Animal Advisory Board. The Animal Advisory Board shall hold a hearing within ten (IO) days of delivery of the letter of appeal to the Director. The hearing shall be conducted informally. The animal's owner and Director of the Humane Society shall present oral or written statements or reasons supporting or opposing the declaration to the Animal Advisory Board. Statements by each participant shall be limited to a total time of one hour or less. Upon conclusion of the hearing the Animal Advisory Board may reverse, modify or affirm the declaration of the Director. Notice of the determination of the Animal Advisory Board shall be given to the animal's owner and the Director of the Humane Society, either personally or by United States Mail. SECTION 4. Sections 5-1 and 5-37 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 5. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as I provided by law. - 3 - Approved as to Form 0 ~ January 12, 1999 oeity Attorney I I I ORDINANCE NO. 8437 (Cont.) Enacted: January 11, 1999. Attest: - 4 - ~ Ke na t, Mayor Approved as to Form 0 ~ January 12, 1999 0 City Attorney I I I ORDINANCE NO. 8438 An ordinance to amend Chapter 22 of the Grand Island City Code; to amend Sections 22-103 and 22-104 pertaining to parking fines for parking violations of Chapter 22 of the Grand Island City Code; to repeal Sections 22-103 and 22-104 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 22-103 ofthe Grand Island City Code is hereby amended to read as follows: ~22-103. Parking Fines Parking violators of this article or Article XII of this chapter shall pay a fine often dollars ($10.00) for each violation. Fines must be paid at the Police Department. SECTION 2. Section 22-104 of the Grand Island City Code is hereby amended to read as follows: ~22-104. Appearance In Response to Police Tag Persons receiving police tags for violations of this article or Article XII of this chapter shall have five days from the date on which the official tag was attached to the offending motor vehicle to report to the police department with said official police tag and pay the amount set out in ~22-103. All persons failing to report to the police department with such official police tag within five days shall pay a fme of twenty-five dollars ($25.00). Further, said persons shall also be in violation of the provisions of this Code and subject to the penalties provided herein. SECTION 3. Sections 22-103 and 22-104 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: January 11, 1999. Approved as to Form T ~ January 12, 1999 ... City Attorney I I I ORDINANCE NO. 8438 (Cant.) Ken~ Attest: /". d k ., J ' ,. ~ ~.. IGf- . '-hft4-l'v0 Cindy K. Johir'son, JitY Clerk - 2 - [,,' Approved as to Form D C(Jl5 January 12, 1999 Deity Attorney I I I ORDINANCE NO. ~ 4 Sg AN ORDINANCE OF THE CITY OF GRAND ISLAND, NEBRASKA, AUTHORIZING THE ISSUANCE OF WATER REVENUE REFUNDING BONDS, SERIES 1999, OF THE CITY OF GRAND ISLAND, NEBRASKA, IN THE PRINCIPAL AMOUNT OF FOUR MILLION THREE HUNDRED NINETY THOUSAND DOLLARS ($4,390,000) FOR THE PURPOSE OF REFUNDING $4,505,000 OF THE CITY'S OUTSTANDING WATER REVENUE REFUNDING BONDS, SERIES 1993; PRESCRIBING THE FORM, TERMS AND DETAILS OF SAID BONDS; PLEDGING AND HYPOTHECATING THE REVENUES AND EARNINGS OF THE WATERWORKS PLANT AND WATER SYSTEM OF SAID CITY FOR THE PAYMENT OF SAID BONDS AND INTEREST THEREON AND PROVIDING FOR THE COLLECTION, SEGREGATION AND APPLICATION OF THE REVENUE OF SAID WATERWORKS PLANT AND W ATERSYSTEM; ENTERING INTO A CONTRACT WITH THE REGISTERED OWNERS OF SAID BONDS; PROVIDING FOR THE SALE OF SAID BONDS; PROVIDING FOR THE APPLICATION OF THE PROCEEDS OF SAID BONDS; AUTHORIZING THE DELIVERY OF SAID BONDS TO THE PURCHASER AND PROVIDING FOR THE PUBLICATION OF THE ORDINANCE IN PAMPHLET FORM. BE IT ORDAINED by the Mayor and Council of the City of Grand Island, Nebraska, as follows: Section 1. The Mayor and City Council of the City of Grand Island, Nebraska, (the "City") hereby find and determine: (a) The City owns and operates a waterworks plant and system (such plant and system, together with all additions and improvements thereto hereafter acquired are herein referred to as the "Water System") which represents a revenue-producing undertaking of the City; (b) The City has issued and outstanding the following revenue bonds which are a lien upon and secured by a pledge of the revenue and earnings of the Water System: Water Revenue Refunding Bonds, Series 1993, Date of Original Issue- April 1, 1993, issued pursuant to Ordinance No. 7904 of the City, of which $4,505,000 in principal amount are presently outstanding (the . "Series 1993 Bonds"); The Series 1993 Bonds are callable for redemption on or after July 1, 1998, at par plus accrued interest to date of redemption. ( c) In order to effect a savings in interest costs, it is necessary and advisable for the City to provide funds for the purpose of refunding the Series 1993 Bonds. I I I Series 1993 Bonds maturing July 1, 1999, through July 1, 2014, in the principal amount of$4,505,000, have been called for redemption on March 3, 1999. (d) The Series 1993 Bonds represent the only indebtedness of the City for which the revenues and earnings of the Water System have been pledged. (e) To satisfy the funding requirements described in this Section 1, including funding of appropriate reserves and paymentof issuance costs, it is necessary for the City to issue its Water Revenue Refunding Bonds, Series 1999, in the total principal amount of$4,390,000 pursuant to Sections 18-1803 to 18-1805 R.R.S. Neb. 1997. All conditions, acts and things required by law to exist or to be done precedent to the issuance of the City's Water Revenue Refunding Bonds in the principal amount of $4,390,000, do exist and have been done and performed in regular and due time and form as required by law. Said bonds will be payable from the revenues ofthe Water System. Section 2. In addition to the definitions provided in parentheses elsewhere in this Ordinance, the following definitions ofterms shall apply, unless the context shall clearly indicate otherwise: (a) the term "revenues" shall mean all of the rates, rentals, fees and charges, earnings and other monies, including investment income, from any source derived _ by the City of Grand Island, Nebraska, through its ownership and operation of the Water System. (b) the term "Additional Bonds" shall mean any and all bonds hereafter issued by the City pursuant to the terms of this Ordinance which are equal in lien to the Series 1999 Bonds, including all such bonds issued pursuant to Section 13 and refunding bonds issued pursuant to Section 14. (c) the term "Average Annual Debt Service Requirements" shall mean that number computed by adding all of the principal and interest due when computed to the absolute maturity of the bonds for which such computation is required and dividing by the number of years remaining that the longest bond of any issue for which such computation is required has to run to maturity. In making such computation, the principal of any bonds for which mandatory redemptions are scheduled shall be treated as maturing in accordance with such schedule of mandatory redemptions. (d) the term "Deposit Securities" shall mean obligations ofthe United States of America, direct or unconditionally guaranteed, including any such obligations issued in book entry form. 2 I (e) the term "Net Revenues" shall mean the revenues derived by the City from the ownership or operation of the Water System, including investment income, but not including any income from the sale or other disposition of any property belonging to or forming a part of the Water System, less the ordinary expenses for operating and maintaining the Water System payable from the Operation and Maintenance Account described in Section 11 of this Ordinance. Operation and Maintenance expenses for purposes of determining "Net Revenues" shall not include depreciation, amortization of financing expenses or interest on any bonds or other indebtedness. Net Revenues for all purposes of this Ordinance shall be shown by an audit for the fiscal year in question as conducted by an independent certified public accountant or firm of such accountants. (f) the term "Paying Agent and Registrar" shall mean National Bank of Commerce Trust and Savings Association, Lincoln, Nebraska, as appointed to act as paying agent and registrar for the Series 1999 Bonds pursuant to Section 4 hereof, or any successor thereto. Section 3. For the purposes described in Section 1 ofthis ordinance, there shall be and there I are hereby ordered issued negotiable bonds of the City of Grand Island, Nebraska, to be designated as "Water Revenue Refunding Bonds, Series 1999" (the "1999 Bonds") in the aggregate principal amount of Four Million Three Hundred Ninety Thousand Dollars ($4,390,000), with said bonds bearing interest at the rates per annum and to become due on July 1 ofthe year as indicated below: Maturing on Amount of Interest Rate July 1 of Year Principal Maturing Per Annum 1999 $ 50,000 3.55% 2000 220,000 3.65 2001 225,000 3.75 2002 230,000 3.80 2003 240,000 3.85 2004 255,000 3.90 2005 260,000 4.00 2006 275,000 4.10 2007 285,000 4.20 2008 295,000 4.25 2009 305,000 4.35 2010 320,000 4.45 2011 335,000 4.55 2012 350,000 4.65 2013 365,000 4.75 I 2014 380,000 4.85 3 I The 1999 Bonds shall be issued in fully registered form in the denomination of $5,000 or any integral multiple thereof. The date of original issue for the 1999 Bonds shall be March 3, 1999. Interest on the 1999 Bonds, at the respective rates for each maturity, shall be payable on July 1, 1999, and semiannually thereafter on January 1 and July 1 of each year (each an "Interest Payment Date"), and the 1999 Bonds shall bear such interest from the date of original issue or the most recent Interest Payment Date, whichever is later. Interest shall be computed on the basis of a 360-day year consisting of twelve 30-day months. The interest due on each Interest Payment Date shall be payable to the registered owners of record as ofthe fifteenth day ofthe calendar month immediately preceding the calendar month in which the Interest Payment Date occurs (the "Record Date"), subject to the provisions of Section 5 hereof. The 1999 Bonds shall be numbered from 1 upwards in the order of their issuance. No 1999 Bond shall be issued originally or upon transfer or partial I redemption having more than one principal maturity. The initial bond numbering and principal amounts for each ofthe 1999 Bonds issued shall be as designated by the City Treasurer as directed by the initial purchaser thereof. Payments of interest due on the 1999 Bonds prior to maturity or earlier redemption shall be made by the Paying Agent and Registrar as designated pursuant to Section 4 hereof, by mailing a check or draft in the amount due for such interest on each Interest Payment Date to the registered owner of each 1999 Bond, as of the Record Date for such Interest Payment Date, to such owner's registered address as shown on the books of registration as required to be maintained in Section 4 hereof. Payments of principal due at maturity or at any date fixed for I redemption prior to maturity together with any unpaid interest accrued thereon shall be made by said Paying Agent and Registrar to the registered owners upon presentation and surrender of the 1999 Bonds to the Paying Agent and Registrar. The City and the Paying Agent and Registrar may treat 4 I the registered owner of any 1999 Bond as the absolute owner of such 1999 Bond for the purpose of making payments thereon and for all other purposes and neither the City nor the Paying Agent and Registrar shall be affected by any notice or knowledge to the contrary, whether such 1999 Bond or any installment of interest due thereon shall be overdue or not. All payments on account of interest or principal made to the registered owner of any 1999 Bond in accordance with the terms of this Ordinance shall be valid and effectual and shall be a discharge of the City and the Paying Agent and Registrar, in respect of the liability upon the 1999 Bonds or claims for interest to the extent ofthe sum or sums so paid. Section 4. National Bank of Commerce Trust and Savings Association, Lincoln, Nebraska, is hereby designated as Paying Agent and Registrar for the 1999 Bonds. Said Paying Agent and Registrar shall serve in such capacities under the terms of an agreement entitled "Paying Agent and I Registrar's Agreement" between the City and said Paying Agent and Registrar, in snbstantially tbe form presented in connection with the adoption of the Ordinance, which form is hereby approved. The Mayor and City Clerk are hereby authorized to execute said agreement on behalf ofthe City in the form presented or with such changes, modifications and completions as such officers shall deem appropriate on behalf ofthe City. The Paying Agent and Registrar shall keep and maintain for the City books for the registration and transfer ofthe 1999 Bonds at its principal corporate trust office. The names and registered addresses of the registered owner or owners of the 1999 Bonds shall at all times be recorded in such books. Any 1999 Bond may be transferred pursuant to its provisions at the principal corporate trust office of said Paying Agent and Registrar by surrender of such bond for cancellation, accompanied by a written instrument of transfer, in form satisfactory to said Paying I Agent and Registrar, duly executed by the registered owner in person or by such owner's duly 5 I authorized agent, and thereupon the Paying Agent and Registrar on behalf of the City will deliver at its office (or send by registered mail to the transferee owner or owners thereof at such transferee owner's or owners' risk and expense), registered in the name of such transferee owner or owners, a new 1999 Bond or 1999 Bonds of the same interest rate, aggregate principal amount and maturity. To the extent ofthe denominations authorized for the 1999 Bonds by this Ordinance, one 1999 Bond may be transferred for several such 1999 Bonds ofthe same interest rate and maturity, and for a like aggregate principal amount, and ~everal such 1999 Bonds may be transferred for one or several such 1999 Bonds, respectively, of the same interest rate and maturity and for a like aggregate principal amount. In every case of transfer of a 1999 Bond, the surrendered 1999 Bond or 1999 Bonds shall be canceled and destroyed. All 1999 Bonds issued upon transfer ofthe 1999 Bonds so surrendered shall be valid obligations ofthe City evidencing the same obligations as the 1999 Bonds surrendered I and shall be entitled to all the benefits and protection of this Ordinance to the same extent as the 1999 Bonds upon transfer of which they were delivered. The City and said Paying Agent and Registrar shall not be required to transfer any 1999 Bond during any period from any Record Date until its immediately following Interest Payment Date or to transfer any 1999 Bond called for redemption for a period of 30 days next preceding the date fixed for redemption. Section 5. In the event that payments of interest due on the 1999 Bonds on an Interest Payment Date are not timely made, such interest shall cease to be payable to the registered owners as of the Record Date for such Interest Payment Date and shall be payable to the registered owners of the 1999 Bonds as of a special date of record for payment of such defaulted interest as shall be designated by the Paying Agent and Registrar whenever monies for the purpose of paying such I defaulted interest become available. 6 I Section 6. The 1999 Bonds maturing on or after July 1,2004 shall be subject to redemption, in whole or in part, prior to maturity at any time on or after March 3, 2004, or at any time thereafter, at the principal amount thereof together with accrued interest on the principal amount redeemed to the date fixed for redemption. Such optional redemption shall be made from time to time as shall be directed by the Mayor and Council of the City. The City may select the 1999 Bonds for optional redemption in its sole discretion. The 1999 Bonds shall be redeemed only in amounts of$5,000 or integral multiples thereof. Any 1999 Bond redeemed in part only shall be surrendered to said Paying Agent and Registrar in exchange for a new 1999 Bond evidencing the unredeemed principal thereof. Notice of redemption of any 1999 Bond called for redemption shall be given, at the direction ofthe City by said Paying Agent and Registrar by mail not less than 30 days prior to the date fixed for redemption, first class, postage prepaid, sent to the registered owner of such 1999 I Bond at said owner's registered address. Snch notice shall designate the 1999 Bond or 1999 Bonds to be redeemed by maturity or otherwise, the date of original issue and the date fixed for redemption and shall state that such 1999 Bond or 1999 Bonds are to be presented for prepayment at the principal corporate trust office of said Paying Agent and Registrar. In case of any 1999 Bond partially redeemed, such notice shall specify the portion ofthe principal amount of such bond to be redeemed. No defect in the mailing of notice for any 1999 Bond shall affect the sufficiency of the proceedings of the City designating the 1999 Bonds called for redemption or the effectiveness of such call for 1999 Bonds for which notice by mail has been properly given and the City shall have the right to further direct notice of redemption for any such 1999 Bond for which defective notice has been given. I 7 I I I Section 7. If the date for payment of the principal of or interest on the 1999 Bonds shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city where the principal corporate trust office ofthe Paying Agent and Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. Section 8. The 1999 Bonds shall be in substantially the following form: 8 I I I UNITED STATES OF AMERICA STATE OF NEBRASKA COUNTY OF HALL CITY OF GRAND ISLAND WATER REVENUE REFUNDING BOND SERIES 1999 No. Interest Rate Maturity Date Date of Original Issue % July 1,_ March 3, 1999 Registered Owner: Principal Amount: $ CUSIP NUMBER KNOW ALL PERSONS 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 re,ceived promises to pay, but only from the special sources hereinafter described, to the registered owner specified above, or registered assigns, the principal amount specified above in lawful money of the United States of America on the date of maturity specified above with interest thereon to maturity (or earlier redemption) from the date of original issue or most recent Interest Payment Date, whichever is later, at the rate per annum specified above, payable July 1, 1999, and semiannually thereafter on January 1 and July 1 of each year (each, an "Interest Payment Daten). Such interest shall be computed on the basis of a 360-day year consisting of twelve 30 day months. The principal of this bond together with interest thereon unpaid and accrued at maturity (or earlier redemption) is payable upon presentation and surrender of this bond at the principal corporate trust office of National Bank of Commerce Trust and Savings Association, as Paying Agent and Registrar, in Lincoln, Nebraska. Interest on this bond due prior to maturity or earlier redemption will be paid on each Interest Payment Date by a check or draft mailed by the Paying Agent and Registrar to the registered owner ofthis bond, as shown on the books of record maintained by the Paying Agent and Registrar, at the close of business on the fifteenth day ofthe month immediately preceding the month in which the Interest Payment Date occurs, to such owner's address as shown on such books and records. Any interest not so timely paid shall cease to be payable to the person entitled th~reto as ofthe record date such interest was payable, and shall be payable to the person who is the registered owner of this bond (or of one or more predecessor bonds hereto) on such special record date for payment of such defaulted interest as shall be fixed by the Paying Agent and Registrar whenever monies for such purpose become available. 9 I I I This bond is one of an issue of fully registered bonds ofthe total principal amount of Four Million Three Hundred Ninety Thousand Dollars ($4,390,000) of even date and like tenor, except as ofthe date of maturity, rate of interest and denomination, (the "Series 1999 Bonds") which were issued by the City for the purpose of refunding $4,505,000 ofthe City's outstanding Water Revenue Refunding Bonds, Series 1993, and is issued pursuant to the terms of an ordinance (the "Ordinance") passed and approved by the Mayor and Council of said City in accordance with and under the provisions of Sections 18-1803 to 18-1805, R.R.S. Neb. 1997. Any or all of the bonds of said issue maturing on or after July 1, 2004, are subject to redemption at the option ofthe City, in whole or in part, on March 3,2004, or at any time thereafter, at par together with accmed interest on the principal amount redeemed to the date fixed for redemption. Such optional redemption shall be made from time to time as shall be directed by the Mayor and Council of the City. The City may select the 1999 Bonds for optional redemption in its sole discretion. Notice of redemption shall be given by mail to the registered owner of any Series 1999 Bond called for redemption in the manner specified in the Ordinance authorizing said issue of bonds. Individual bonds may be redeemed in part but only in the amount of $5,000 or integral multiples thereof. This bond is transferable by the registered owner or such owner's attorney duly authorized in writing at the principal corporate trust office of the Paying Agent and Registrar upon surrender and cancellation of this bond, and thereupon a new bond or bonds of the same aggregate principal amount, interest rate and maturity will be issued to the transferee as provided in the Ordinance, subj ect to the limitations therein prescribed. The City, the Paying Agent and Registrar and any other person may treat the person in whose name this bond is registered as the absolute owner hereof for the purpose of receiving payment due hereunder and for all other purposes and shall not be affected by any notice to the contrary, whether this bond be overdue or not. Ifthe day for payment ofthe principal of or interest on this bond shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city where the principal corporate trust office of the Paying Agent and Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the nominal date of payment. The revenues and earnings of the waterworks plant and water system of the City of Grand Island, Nebraska, including all improvements and additions thereto hereafter constructed or acquired, (the "Water System") are pledged and hypothecated by the City for the payment ofthis bond and the other Series 1999 Bonds and for the payment of any additional bonds of equal priority i~ued in accordance with the terms of the Ordinance. The Series 1999 Bonds are a lien only upon said revenues and earnings and are not general obligations ofthe City of Grand Island, Nebraska. The Ordinance sets forth the covenants and obligations ofthe City with respect to the Water System and the applications ofthe revenues and eamingsthereof, which revenues and earnings under 10 ". I I I the terms of the Ordinance are required to be deposited to the "Grand Island Water System Fund" (as previously established) and disbursed to pay costs of operation and maintenance ofthe Water System, make payments of principal and interest on the Series 1999 Bonds and any additional bonds of equal priority with the Series 1999 Bonds and other payments as specified in the Ordinance. The Ordinance also designates the terms and conditions under which additional bonds of equal priority with the Series 1999 Bonds may be issued. The Ordinance also designates the terms and conditions upon which this bond shall cease to be entitled to any lien, benefit or security under the Ordinance and all covenants, agreements and obligations of the City under the Ordinance may be discharged and satisfied at or prior to the maturity or redemption of this bond if monies or certain specified securities shall have been deposited with a tmstee banle In the Ordinance the City also reserves the right to issue bonds or notes junior in lien to the Series 1999 Bonds and any additional bonds of equal priority to the Series 1999 Bonds, the principal and interest of which shall be payable from monies in the "Surplus Account" of the Grand Island Water System Fund as described in the Ordinance. 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 provided by law. This bond shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. IN WITNESS WHEREOF, the Mayor and Council of the City of Grand Island, Nebraska, have caused this bond to be executed on behalf of the City with the facsimile signatures of the Mayor and City Clerk of the City, all as of the Date of Original Issue shown above. CITY OF GRAND ISLAND, NEBRASKA ( facsimile signature) Mayor ATTEST: ( facsimile signature) City Clerk 11 ". I I I CERTIFICATE OF AUTHENTICATION This bond is one of the bonds authorized by Ordinance passed and approved by the Mayor and Council of the City of Grand Island, Nebraska, as described in said bond. National Bank of Commerce Trust and Savings Association, Lincoln, Nebraska Paying Agent and Registrar Authorized Signature 12 I I I (FORM OF ASSIGNMENT) For value received hereby sells, assigns, and transfers unto the within bond and hereby irrevocably constitutes and appoints , Attorney, to transfer the same on the books of registration in the office of the within mentioned Paying Agent and Registrar with full power of substitution in the premises. Date: Registered Owner Signature Guaranteed By Authorized Officer Note: The signature(s) on this assignment MUST CORRESPOND with the name(s) as written on the face of the within bond in every particular, without alteration, enlargement or any change whatsoever, and must be guaranteed by a commercial bank or a trust company or by a firm having membership on the New York, Midwest or other stock exchange. 13 I I I Section 9. Each ofthe 1999 Bonds shall be executed on behalf of the City with the facsimile signatures of the Mayor and the City Clerk and shall have imprinted thereon the City's seal. The 1999 Bonds shall be issued initially as "book-entry-only" bonds under the services of The Depository Trust Company (the "Depository"), with one typewritten bond per maturity being issued to the Depository. In such connection said officers ofthe City are authorized to execute and deliver a Letter of Representations (the "Letter of Representations") in the form required by the Depository (which may be in the form of a blanket letter, including any such letter previously executed and delivered), for and on behalf of the City, which shall thereafter govern matters with respect to registration, transfer, payment and redemption of the 1999 Bonds. With respect to the issuance of the 1999 Bonds as "book-entry-only" bonds, the following provisions shall apply: (a) The City and the Paying Agent and Registrar shall have no responsibility or obligation to any broker-dealer, bank or other [mancial institution for which the. Depository holds 1999 Bonds as securities depository (each, a "Bond Participant") or to any person who is an actual purchaser of a 1999 Bond from a Bond Participant while the 1999 Bonds are in book-entry form (each, a "Beneficial Owner") with respect to the following: (i) the accuracy of the records of the Depository, any nominees of the Depository or any Bond Participant with respect to any ownership interest in the 1999 Bonds, (ii) the delivery to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any notice with respect to the 1999 Bonds, including any notice of redemption, or (iii) the payment to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the 1999 Bonds. The Paying Agent and Registrar shall make payments with respect to the 1999 Bonds only to or upon the order of the Depository or its nominee, and all such payments shall be valid and effective fully to satisfy and discharge the obligations with respect to such 1999 Bonds to the extent ofthe sum 14 I or sums so paid. No person other than the Depository shall receive an authenticated Bond, except as provided in ( e) below. (b) Upon receipt by the Paying Agent and Registrar of written notice from the Depository to the effect that the Depository is unable or unwilling to discharge its responsibilities, the Paying Agent and Registrar shall issue, transfer and exchange 1999 Bonds requested by the Depository in appropriate amounts. Whenever the Depository requests the Paying Agent and Registrar to do so, the Paying Agent and Registrar will cooperate with the Depository in taking appropriate action after reasonable notice (i) to arrange, with the prior written consent of the City, for a substitute depository willing and able upon reasonable and customary terms to maintain custody ofthe 1999 Bonds or (ii) to make available 1999 Bonds registered in whatever name or names as the Beneficial Owners transferring or exchanging such 1999 Bonds shall designate. I (c) Ifthe City determines that it is desirable that certificates representing the 1999 Bonds be delivered to the ultimate beneficial owners ofthe 1999 Bonds and so notifies the Paying Agent and Registrar in writing, the Paying Agent and Registrar shall so notify the Depository, whereupon the Depository will notify the Bond Participants of the availability through the Depository of bond certificates representing the 1999 Bonds. In such event, the Paying Agent and Registrar shall issue, transfer and exchange bond certificates representing the 1999 Bonds as . requested by the Depository in appropriate amounts and in authorized denominations. (d) Notwithstanding any other provision of this Ordinance to the contrary, so long as any 1999 Bond is registered in the name ofthe Depository or any nominee thereof, all payments with respect to such 1999 Bond and all notices with respect to such 1999 Bond shall be made and given, respectively, to the Depository as provided in the Letter of Representations. (e) Registered ownership of the 1999 Bonds may be transferred on the books of registration maintained by the Paying Agent and Registrar, and the 1999 Bonds may be delivered in physical form to the following: (i) any successor securities depository or its nominee; (ii) any person, upon (A) the resignation of the Depository from its functions as depository or (B) termination ofthe use ofthe Depository pursuant to this Section and the terms ofthe Paying Agent and Registrar's Agreement. I 15 I Iffor any reason the Depository resigns and is not replaced, or upon termination by the City ofbook- entry-only form, the City shall immediately provide a supply of printed bond certificates, for issuance upon the transfers from the Depository and subsequent transfers or in the event of partial redemption. In the event that such supply of certificates shall be insufficient to meet the requirements ofthe Paying Agent and Registrar for issuance of replacement bond certificates upon transfer or partial redemption, the City agrees to order printed an additional supply of bond certificates and to direct their execution by manual or facsimile signatures of its then duly qualified and acting officers. In case any officer whose signature or facsimile thereof shall appear on any 1999 Bond shall cease to be such officer before the delivery of such bond (including such certificates delivered to the Paying Agent and Registrar for issuance upon transfer or partial redemption), such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes the I same as if such offi cer or officers had remained in 0 ffico until the deli very of the 1999 Bond. The 1999 Bonds shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. The 1999 Bonds shall be registered with the office ofthe Auditor of Public Accounts of the State of Nebraska. The 1999 Bonds shall be delivered to the Paying Agent and Registrar for registration and authentication. Upon execution, registration, and authentication of the 1999 Bonds, they shall be delivered to the City Treasurer, acting on behalf of the City, who is authorized to deliver them to Ameritas Investment Corp., as initial purchaser thereof. The 1999 Bonds are hereby sold to said purchaser for the sum of $4,329,637.50, plus accrued interest on the principal amount of the 1999 Bonds to date of payment for the 1999 Bonds. The officers ofthe City (or anyone of them) are hereby authorized to execute and deliver the Bond Purchase Agreement for and on behalf I of the City. Said initial purchaser shall have the right to direct the registration of the 1999 Bonds and 16 I the denominations thereof within each maturity, subject to the restrictions ofthis Ordinance. The City Clerk shall make and certify a transcript of the proceedings of the Mayor and Council with respect to the 1999 Bonds which shall be delivered to said purchaser. The 1999 Bonds shall also be registered in the office ofthe City Treasurer as the chief financial officer of the City pursuant to the requirements of Section 10-201, R.R.S. Neb. 1997. Section 10. All accrued interest received from the sale ofthe 1999 Bonds shall be applied to pay interest falling due on July 1, 1999, and shall be credited to the Bond Payment Account as described in Section 11 hereof. Expenses of issuance of the 1999 Bonds may be paid from the proceeds ofthe 1999 Bonds. $405,920.00 from reserve monies held with respect to the Series 1993 Bonds shall be deposited to the sub-account for the 1999 Bonds in the Debt Service Reserve Account. $4,546,601.14 from proceeds of the 1999 Bonds shall be applied without further direction I to the payment on March 3, 1999, ofthe $4,505,000 principal amount outstanding of Water Revenue Refunding Bonds, Series 1993, of the City which are being refinanced by the 1999 Bonds. The City hereby covenants and agrees to take all steps necessary and appropriate, including transfer and deposit of any additional required funds, to provide for the calling and redemption of the Refunding Bonds on March 3, 1999. Section 11. The revenues and earnings ofthe Water System (including any and all additions and improvements thereto hereafter acquired) are hereby pledged and hypothecated for the payment ofthe 1999 Bonds and any Additional Bonds as authorized by this Ordinance and interest on such 1999 Bonds and Additional Bonds and the City does hereby agree with the holders of said 1999 Bonds and Additional Bonds as follows: I 17 I (a) GRAND ISLAND WATER SYSTEM FUND - The entire gross revenues and income derived from the operation of the Water System shall be set aside as collected and deposited in a separate fund which has been previously created and designated as the "Grand Island Water System Fund." For purposes of allocating the monies in the Grand Island Water System Fund, the City shall maintain the following accounts: (1) Operation and Maintenance Account; (2) Bond Payment Account; (3) Debt Service Reserve Account; and (4) Surplus Account. (b) OPERATION AND MAINTENANCE ACCOUNT - Out of the Grand Island Water System Fund there shall be monthly credited into the Operation and Maintenance Account such amounts as the City shall from time to time determine to be necessary to pay the reasonable and necessary expenses of operating and maintaining the Water System, and the City may withdraw funds credited to the Operation and Maintenance Account as necessary from time to time to pay such expenses. (c) BOND PAYMENT ACCOUNT - Out of the Grand Island Water System Fund there shall be credited monthly on or before the fifteenth day of each month to the Bond Payment Account, starting with the month of March 1999, the following amounts: I (1) Beginning March 15, 1999 and continuing for the period from March 15, 1999 through and including June 30, 1999, an amount equal to 1/4th ofthe next maturing interest payment on the Series 1999 Bonds; (2) Beginning July 1, 1999, and continuing for the period from July 1, 1999 so long as the Series 1999 Bonds remain outstanding, an amOlmt equal to 1/6th of the next maturing semiannual interest payment on the Series 1999 Bonds; (3) Beginning March 15, 1999 and continuing for the period from March 15, 1999 through and including June 30, 1999, an amount equal to 1/4th of the next maturing principal payment on the Series 1999 Bonds; and (4) For the period from and including July 1, 1999, and continuing so long as the Series 1999 bonds remain outstanding an amount equal to 1112th of the next maturing principal payment on the Series 1999 Bonds. I The City Treasurer is hereby authorized and directed, without further authorization, to withdraw monies credited to the Bond Payment Account, or ifthe monies in such 18 I Account are insufficient, then from the Debt Service Reserve Account and next from the Surplus Account, in an amount sufficient to pay, when due, the principal of and interest on the 1999 Bonds or any Additional Bonds and to transfer such amounts due to the Paying Agent and Registrar (or other paying agent for Additional Bonds) at least five (5) business days before each principal and interest payment date. Upon the issuance of any Additional Bonds pursuant to this Ordinance appropriate additional credits to the Bond Payment Account shall be provided for sufficient to pay principal and interest on said Additional Bonds. I (d) DEBT SERVICE RESERVE ACCOUNT - The City agrees that it shall deposit from reserve monies held with respect to the Series 1993 Bonds the amount of $405,920.00 as the amount required to be maintained attributable to the 1999 Bonds in a separate sub-account for the 1999 Bonds in the Debt Service Reserve Account. Monies credited to the Debt Service Reserve Account may be withdrawn, but only from the designated sub-account for a specific issue, as needed, to provide funds to pay, when due, the principal of and interest on the 1999 Bonds and any Additional Bonds issued pursuant to this Ordinance, as the case may be, if the Bond Payment Account contains insufficient funds for that purpose, and the City Treasurer is hereby authorized and directed to make such withdrawal if and when needed. In the event of a withdrawal from the Debt Service Reserve Account, there shall be credited to the Debt Service Reserve Account in the month following such withdrawal all monies in the Grand Island Water System Fund remaining after. making the payments required to be made in such month to the Operation and Maintenance Account and Bond Payment Account and each month thereafter all such remaining monies shall be credited to the Debt Service Reserve Account until such account has been restored to the required balance. Upon the issuance of any Additional Bonds, the amount required to be accumulated and maintained in the Debt Service Reserve Account, in a separate sub-account for such Additional Bonds, shall be set at an amount determined appropriate by the Mayor and Council in connection with any such issue of Additional Bonds (which may be $-0-). Any such required increase shall be provided for either by credit made from bond proceeds or current funds of the Water System then available or by equal monthly credits from the Grand Island Water System Fund made in such amounts so that the required amount shall be accumulated in a period of not more than five years. Each sub-account in the Debt Service Reserve Account shall be held solely for the specific issue for which it is established. In the event of withdrawal from any such sub-account which results in the amount in such sub-account being deficient to meet the required balance, available amounts for restoring sub-account balances shall be credited to each deficient sub-account on a pro rata basis in accordance with the respective outstanding principal amounts for those issues for which the respective sub-accounts are then deficient. When the 1999 Bonds or any issue of Additional Bonds for which a sub-account has been established is no longer outstanding, the particular sub- account for such issue shall no longer be required to be maintained. Anything in this I 19 I subsection 11 (d) to the contrary notwithstanding, the amount required to be maintained in the Debt Service Reserve Account with respect to the 1999 Bonds or any issue of Additional Bonds shall not at any time exceed the maximum amount permitted to be invested without yield restriction under Sections 103(b) and 148 of the Internal Revenue Code of 1986, as amended, and applicable regulations of the United States Treasury Department. (e) SURPLUS ACCOUNT - Monies from the Grand Island Water System Fund remaining after the credits required in the foregoing Subsections 11 (b), 11 (c) and 11 (d) shall be credited to the Surplus Account. Monies in the Surplus Account may be used to make up any deficiencies in the preceding Accotmts, to retire any of the 1999 Bonds, or any Additional Bonds prior to their maturity, to pay principal of and interest on any junior lien indebtedness incurred with respect to the Water System, to provide for replacements or improvements for the Water System, to provide for in lieu of tax payments in an amount not to exceed 1 % of the gross revenues of the Water System in any fiscal year (as and to the extent permitted by law), or to provide for any other purpose related to the Water System. The provisions of this Section shall require the City to maintain a set of books and records in accordance with such accounting methods and procedures as are generally applicable to a municipal I utility enterprise, which books and records shall show credits to and expenditures from the several Accounts required by this Section. Monies credited to the Grand Island Water System Fund or any of the Accounts therein as established by this Ordinance shall be deposited or invested separate and apart from other City funds. Except as specified below for the Debt Service Reserve Account, the City shall not be required to establish separate bank or investment accounts for the Accounts described in Subsection 1 1 (b), ll(c), ll(d) and ll(e). Monies credited to the Debt Service Reserve Account (or any sub-account therein) shall, if maintained in a demand or time deposit account, be kept in a separate account and not commingled with other Water System funds or accounts. If invested, monies credited to the Debt Service Reserve Account (or any sub-account therein) may be commingled with other Water System funds or accounts so long as the City maintains books and I 20 I records clearly identifying the specific investments, or portions thereof, which belong to the Debt Service Reserve Account (or any sub-account therein). Monies in any of said Accounts except the Debt Service Reserve Account may be invested in investments permissible for a city ofthe first class. Monies in the Debt Service Reserve Account (or any sub-account therein) may be invested in Deposit Securities. Monies invested from the Debt Service Reserve Account shall be invested to mature in not more than ten years. Investments held for the Debt Service Reserve Account will be valued at cost for purposes of determining compliance with the requirements of this Ordinance as to the amount required to be maintained in the Debt Service Reserve Account or any sub-account therein. Income from or profit realized from investments for any Account or any sub-account shall be credited to such Account or sub-account until such Account or sub-account contains any amount then required to be therein, and thereafter I such income or profit shall be transferred to the Grand Island Water System Fund and treated as other revenues from the operation ofthe Water System. The ordinance authorizing any series of I Additional Bonds for which a debt service reserve sub-account is to be established may establish different terms for investment related to such sub-account. Section 12. So long as any ofthe 1999 Bonds and any Additional Bonds issued pursuant to this Ordinance shall remain outstanding and unpaid, the City covenants and agrees to establish, revise, from time to time as necessary, and collect such rates and charges for the service furnished from the Water System adequate to produce revenues and earnings sufficient at all times: (a) To provide funds to pay, when due, the principal of and interest on the' 1999 Bonds and any Additional Bonds issued pursuant to this Ordinance. 21 I (b) To pay all proper and necessary costs of operation and maintenance ofthe Water System and to pay for the necessary and proper repairs, replacements, enlargements, extensions and improvements to the Water System. (c) To provide funds sufficient to make the credits into the Accounts and at the times and in the amounts required by Section 11 of this Ordinance. (d) To maintain Net Revenues in each fiscal year adopted by the City for the Water System in an amount not less than 1.20 times the total amount of principal paid or payable (exclusive of any principal redeemed prior to maturity other than principal redeemed in accordance with any schedule of mandatory redemptions) and interest falling due during such fiscal year on the 1999 Bonds and any Additional Bonds. Section 13. To provide funds for any purpose related to the Water System, the City may issue Additional Bonds, except for Additional Bonds issued for refunding purposes which are governed by Section 14 ofthis Ordinance, payable from the revenues ofthe Water System having equal priority and on a parity with the 1999 Bonds and any Additional Bonds then outstanding, only I upon compliance with the following conditions: (a) Such Additional Bonds shall be issued only pursuant to an ordinance which shall provide for an increase in the monthly credits into the Bond Payment Account in amounts sufficient to pay, when due, the principal of and interest on the 1999 Bonds, any Additional Bonds then outstanding and the proposed Additional Bonds and for any monthly credits to the Debt Service Reserve Account as are required under Subsection 11 (d). (b) The City shall have complied with one or the other of the two following requirements: (1) The Net Revenues derived by the City from its Water System for the fiscal year next preceding the issuance of the Additional Bonds shall have been at least equal to 1.25 times the Average Annual Debt Service Requirements of the 1999 Bonds and any Additional Bonds, all as then outstanding, and of the proposed Additional Bonds; or I (2) The City shall have received a projection made by a consulting engineer or firm of consulting engineers, 22 I I I recognized as having experience and expertise in municipal utility systems, proj ecting that the Net Revenues of the Water System in each ofthe three full fiscal years after the issuance of such Additional Bonds will be at least equal to 1.25 times the Average Annual Debt Service Requirements of the 1999 Bonds and any Additional Bonds, all as then outstanding, and of the proposed Additional Bonds. In making such projection, the consulting engineer shall use as a basis the Net Revenues of the Water System during the last fiscal year for which an independent audit has been prepared and shall adjust such Net Revenues as follows: (A) to reflect changes in rates which have gone into effect since the beginning of the year for which the audit was made, (B) to reflect his estimate of the net increase over or net decrease under the Net Revenues ofthe Water System for the year which the audit was made by reason of: (i) changes of amounts payable under existing contracts for service; (ii) additional general income from sales to customers under existing rate schedules for various classes of customers or as such schedules may be revised under a program of changes which has been adopted by the Mayor and Council of the City; (iii) projected revisions in costs for labor, wages, salaries, machinery, equipment, supplies and other operational items; (iv) revisions in the amount of service to be supplied and any related administrative or other costs associated with such increases due to increased supply from the acquisition of any new facility; and (v) such other factors affecting the projections or revenues and expenses as the consulting engineer deems reasonab Ie and proper. Annual debt service on any proposed Additional Bonds to be issued may be estimated by the consulting engineer in projecting A verageAnnual Debt Service Requirements, but no Additional Bonds shall be issued requiring any annual debt service payment in excess of the amount so estimated by the consulting engineer. The City hereby covenants and agrees that so long as any of the 1999 Bonds and any Additional Bonds are outstanding, it will not issue any bonds or notes payable from the revenues of the Water System except in accordance with the provisions of this Ordinance, provided, however, the City reserves the right to issue bonds or notes which are junior in lien to the 1999 Bonds and any 23 I such Additional Bonds with the principal and interest on such bonds or notes to be payable from monies credited to the Surplus Account as provided in Subsection ll(e). Section 14. The City may issue refunding bonds, which shall qualify as Additional Bonds of equal lien to refund any 1999 Bonds or any Additional Bonds then outstanding, provided, that, if any such 1999 Bonds or Additional Bonds are to remain outstanding after the issuance of such refunding bonds, the principal payments due in any calendar year in which those bonds which are to remain outstanding mature, or in any calendar year prior thereto, shall not be increased over the amount of such principal payments due in such calendar years immediately prior to such refunding. Refunding bonds issued in accordance with this paragraph of this Section 14 may be issued as Additional Bonds of equal lien without compliance with the conditions set forth in Subsection i3(b) ofthis Ordinance. I The City may also issue refunding bonds which shall qualify as Additional Bonds of equal lien to refund any 1999 Bonds or Additional Bonds then outstanding, provided, that, if any 1999 Bonds or Additional Bonds then outstanding are to remain outstanding after the application ofthe proceeds of the refunding bonds to the payment ofthe bonds which are to be refunded, such issuance must comply with the Net Revenues test set forth in Subsection 13(b)(1) of this Ordinance and, if the proceeds of such refunding bonds are not to be applied immediately to the satisfaction of the bonds which are to be refunded, then such refunding bonds must provide by their terms that they shall be junior in lien to all 1999 Bonds and any Additional Bonds outstanding at the time of issuance of such refunding bonds until the time of application of their proceeds to the satisfaction ofthe bonds which are to be refunded. In the event that refunding bonds are proposed to be issued I at a time when the audited financial statements ofthe City for its Water System for the most recently 24 I completed fiscal year are not yet available, compliance with the test based upon Net Revenues as set forth in Section 13(b )(1) may be determined with reference to the Net Revenues for the most recent fiscal year for which financial statements have been issued and unaudited financial statements for the most recently completed fiscal year as certified by the City Treasurer, provided that compliance shall be determined to be shown for each such fiscal year. In computing Average Annual Debt Service Requirements to show compliance with said Net Revenues test for such refunding bonds, all payments of principal and interest due on such refunding bonds from time of their issuance to the time of application of the proceeds of such refunding bonds to the satisfaction of the bonds which are to be refunded shall be excluded from such computation to the extent that such principal and interest are payable from sources other than the revenues of the Water System (such as bond proceeds held in escrow or investment earnings thereon) or from monies in the Surplus Account and I all payments of principal and interest due on the bonds wbicb are to be refunded from and after tbe time of such application shall also be excluded. For purposes ofthis paragraph ofthis Section 14, the time of application ofthe proceeds ofthe refunding bonds to the satisfaction ofthe bonds which are to be refunded shall be the time of deposit with the paying agent for such bonds which are to be refunded pursuant to Section 10-126, R.R.S. Neb. 1997 (or any successor statutory provision thereto) or the time when such bonds which are to be refunded under the terms oftheir authorizing ordinance or ordinances are no longer deemed to be outstanding, whichever occurs sooner. Section 15. So long as any 1999 Bonds or Additional Bonds are outstanding, the City hereby covenants and agrees as follows: I (a) The City will maintain the Water System in good condition and will continuously operate the same in a reasonable and efficient manner, and the City will punctually perform all duties with reference to said system required by the 25 I Constitution and statutes ofthe State of Nebraska, but this covenant shall not prevent the City from discontinuing the use and operation of all or any portion of the Water System so long as the revenues derived from the City's ownership of the properties constituting the Water System shall be sufficient to fulfill the City's obligations under Section 12 of this Ordinance. (b) The City will not grant any franchise or right to any person, firm or corporation to own or operate a water system in competition with the Water System. I ( c) The City will maintain insurance on the property constituting the Water System (other than such portions of the system as are not normally insured) against risks customarily carried by similar utilities, but including fire and extended coverage insurance in an amount which would enable the City to repair, restore or replace the property damaged to the extent necessary to make the Water System operable in an efficient and proper manner to carry out the City's obligations under this Ordinance. The Mayor and Council shall annually examine the amount of insurance carried with respect to the Water System and shall evidence approval of such insurance by resolution. The proceeds of any such insurance received by the City shall be used to repair, replace or restore the property damaged or destroyed to the extent necessary to make the Water System operable in an efficient and proper manner, and any amount of insurance proceeds not so used shall be credited to the Surplus Account. In the event of any such insured casualty loss, the City may advance funds to make temporary repairs or provide for an advance on costs of the permanent repair, restoration or replacement from the Operation and Maintenance Account and any such advances shall be repaid from insurance proceeds received. (d) The City will keep proper books, records and accounts separate from all other records and accounts in which complete and correct entries will be made of all transactions relating to the Water System. The City will have its operating and financial statements related to the Water System audited annually by a certified public accountant or firm of certified public accounts. The City will furnish to the original purchaser of the 1999 Bonds and to the original purchaser or purchasers of each series of Additional Bonds issued hereunder, within four months after the end of each fiscal year of the Water System, a copy of the financial statements of the Water System and the report thereon of the certified public accountants. I (e) The City shall cause each person handling any of the monies in the Grand Island Water System Fund to be bonded by an insurance company licensed to. do business in Nebraska in an amount or amounts deemed sufficient by the Mayor and Council to cover the amount of money belonging to said system reasonably expected to be in the possession or control of any such person. The amount of such bond or bonds shall be fixed by the Mayor and Council and the costs thereof shall ber 26 I I I paid as an operating and maintenance expense from the Operation and Maintenance Account. Section 16. The City's obligations under this Ordinance and the liens, pledges, covenants and agreements of the City herein made or provided for, shall be fully discharged and satisfied as to the 1999 Bonds issued pursuant to this Ordinance and any such bonds shall no longer be deemed outstanding hereunder if such bonds shall have been purchased and cancelled by the City, or when payment of the principal of and interest thereon to the respective date of maturity or redemption (a) shall have been made or caused to be made in accordance with the terms thereof, or (b) shall have been provided for by depositing with the Paying Agent and Registrar, or with a national or state bank having trust powers or trust company, in trust solely for such payment, (i) sufficient money to make such payment and/or (ii) Deposit Securities in such amount and bearing interest payable and maturing or redeemable at stated fixed prices at the option ofthe holder as to principal, at such time or times, as will ensure the availability of sufficient money to make such payment; provided, however, that, with respect to any 1999 Bond to be paid prior to maturity, the City shall have duly given notice of redemption of such bond as provided by law or made irrevocable provisions for the giving of such notice. Any such money so deposited with a bank or trust company or the Paying Agent and Registrar may be invested and reinvested in Deposit Securities and all interest and income from such Deposit Securities in the hands of such bank or trust company or Paying Agent and Registrar, in excess of the amount required to pay principal of and interest on the bonds for which such monies were deposited, shall be paid over to the City as and when collected. Section 17. The terms and provisions of this Ordinance do and shall constitute a contract between the City and the registered owner or owners ofthe 1999 Bonds and no changes, variations 27 I I I or alterations of any kind, except for changes necessary to cure any ambiguity, formal defect or omission, shall be made to this Ordinance without the written consent of the registered owners of two-thirds (2/3rds) in principal amount ofthe 1999 Bonds then outstanding, provided, however, that neither the principal and interest to be paid upon any 1999 Bond nor the maturity date of any 1999 Bond shall be changed without the written consent ofthe registered owners of all such bonds then outstanding. Any registered owner of a 1999 Bond may by mandamus or other appropriate action or proceedings at law or in equity in any court of competent jurisdiction enforce and compel performance of this Ordinance and every provision and covenant hereof, including without limiting the generality ofthe foregoing, the enforcement ofthe performance of all duties required ofthe City by this Ordinance and the applicable laws of the State of Nebraska, including in such duties the collecting of revenues ofthe Water System and the segregation and application of such revenues as described in Section 11 of this Ordinance. After any default in payment or other default in performance, the registered owners of the 1999 Bonds or any Additional Bonds shall be entitled to the appointment of a receiver for the Water System. Any and all actions brought by any registered owner or owners of the 1999 Bonds or Additional Bonds shall be maintained for the equal and ratable benefit of all registered owners of the 1999 Bonds and Additional Bonds outstanding and no registered owners of any ofthe 1999 Bonds or Additional Bonds shall have any right in any manner whatsoever by any action or proceedings to affect, disturb or prejudice the pledge created by this Ordinance. Section 18. The Mayor and City Clerk and City Treasurer of the City are hereby authorized to do all things and execute all documents as may by them be deemed necessary and proper to complete the issuance and sale ofthe 1999 Bonds contemplated by this Ordinance. The Preliminary 28 I I I Official Statement in the form presented is hereby approved and deemed final as of its date under the terms of Reg. Sec. 240.15c2-12 of the Rules of the Securities and Exchange Commission and such officers or anyone of them are further authorized to approve a final Official Statement on behalf of the City. Section 19. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any ofthe other provisions of this Ordinance. Section 20. In accordance with the requirements of Rule 15c2-12 (the "Rule") promulgated by the Securities and Exchange Commission, the City hereby agrees that it will provide the following continuing disclosure information: (a) to each nationally recognized municipal securities information repository (a "NRMSIR") and to the initial purchaser of the 1999 Bonds, the City shall provide. annual financial and operating information generally consistent with the information set forth under the heading "FINANCIAL STATEMENT" in the Official Statement for said bonds, information concerning the rates and number of users for the Water System and the City's audited financial statements; such information is expected to be available not later than seven months after the end of each fiscal year for the City; audited financial information shall be provided for governmental and fiduciary fund types based on revenues collected and expenses paid and for proprietary fund types in conformity with generally accepted accounting principles; (b) in a timely manner to each NRMSIR or to the Municipal Securities Rule Making Board ("MSRB"), notice of the occurrence of any of the following events with respect to the 1999 Bonds, if in the judgment ofthe City, such event is material: (1) principal and interest payment delinquencies, (2) non-payment related defaults, (3) unscheduled draws on debt service reserves reflecting financial difficulties, 29 I I I (4) unscheduled draws on credit enhancements reflecting financial difficulties (there is no credit enhancement on the 1999 Bonds); (5) substitution of credit or liquidity providers, or their failure to perform (not applicable to the 1999 Bonds); (6) adverse tax opinions or events affecting the tax-exempt status of the 1999 Bonds, (7) modifications to rights of the bondholders, (8) bond calls, (9) defeasances, (10) release, substitution, or sale of property securing repayment of the 1999 Bonds, and (11) rating changes (the 1999 Bonds are not rated and no rating for the 1999 Bonds is expected to be requested). The City has not undertaken to provide notice of the occurrence of any other material. event, except the events listed above. (c) in a timely manner to each NRMSIR or to the Municipal Securities Rule Making Board ("MSRB") notice of any failure on the part of the City to provide required annual financial information not later than seven months from the close of the City's fiscal year. The City reserves the right to modify from time to time the specific types of information provided or the format of the presentation of such information, to the extent necessary or appropriate in the judgment ofthe City, consistent with the Rule. The City hereby agrees that such covenants are for the benefit ofthe registered owners of the 1999 Bonds (including Beneficial Owners) and that such covenants may be enforced by any registered owner or Beneficial Owner, provided that any such right to enforcement shall be limited to specific enforcement of such undertaking and any failure shall not constitute an event of default under the Ordinance. The continuing disclosure obligations 30 I I I of the City under the Ordinance, as described above, shall cease when none of the 1999 Bonds remain outstanding. Section 21. The City hereby covenants and agrees that it will make no use of the proceeds of the 1999 Bonds which would cause the 1999 Bonds to be arbitrage bonds within the meaning of Sections 103(b)(2) and 148 of the Internal Revenue Code of 1986, as amended (the "Code") and further covenants to comply with said Sections 103(b)(2) and 148 and all applicable regulations thereunder throughout the term of said issue. The City hereby covenants to take all action necessary to preserve the tax-exempt status of the interest on the 1999 Bonds for federal income tax purposes under the Code with respect to taxpayers generally. The City further agrees that it will not take any actions which would cause the 1999 Bonds to constitute "private activity bonds" within the meaning of St:ction 141 ofthe Code. The City hereby designates the 1999 Bonds as its" qualified tax-exempt obligations" pursuant to Section 265(b)(3)(B)(i)(III) of the Code and covenants and warrants that it does not reasonably expect to issue tax -exempt bonds or other tax -exempt obligations aggregating in principal amount more than $10,000,000 during calendar 1999. Section 22. This Ordinance shall be in force and take effect from and after its passage and approval as provided by law and shall be published in pamphlet form. PASSED AND APPROVED this c2S day of.]anutcr-v , ,1999. ~r(4#-d# Mayor / ATTEST: ~(\~ ~ ~vvvlrnJ City Clerk I ." G.RAIV/) , . , ,,'"'''' I..S' ~ /,.-::- :>." ...... '.( .....,> ,'\RPn", . ~ () ,""VJ' . '.i((1/ ...... : \.' <"<? ~ 0 ~: ~ 1"J ~ : ,'~\\~ - -'. :..-ij;. .. ()"" ". r~ . t, "'J '01.' "J' ". " j I. I to .. .~ ., " . . " .' /VfB,~;AS~~~ 31 I I I ORDINANCE NO. 8440 An ordinance to amend Chapter 22 of the Grand Island City Code; to amend Section 22-113 pertaining to snow emergency routes; to repeal Section 22-113 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 22-113 of the Grand Island City Code is hereby amended to read as follows: ~22-113. Snow Emergency Routes The streets described below are hereby declared to be snow emergency routes in the City of Grand Island, Nebraska. Appropriate signs or other traffic control devices shall be installed indicating the existence of such snow emergency routes. A designation of any street, avenue, road, or highway, or portion thereof, as a snow emergency route shall in no way affect designation of that street, avenue, road, or highway for any other purpose. Anna Street between Blaine Street and South Locust Street; Adams Street between Stolley Park Road and Anna Street; Bismark Road between Locust Street and the east City Limits; Blaine Street between U.S. Hwy 34 and Third Street; Broadwell Avenue between Anna Street and north City Limits; Cannon Road between North Road and Viking Road; Capital Avenue between Engleman Road and Sky Park Road; College Street between Broadwell Avenue and Webb Road: Custer Avenue between Third Street and Capital A venue; Darr Avenue between Faidley A venue and Seventh Street; Diers Avenue between Thirteenth Street and Capital Avenue; Eddy Street between Anna Street and State Street; Eighteenth Street between the Burlington Northern and Santa Fe Railroad and St. Paul Road; Faidley Avenue between Hwy 281 and Broadwell Avenue; First Street between Greenwich and Plum Street; Fonner Park Road between Stuhr Road and 320 feet west of Sylvan Street; Fourth Street between Broadwell Avenue and Sky Park Road; Greenwich Street between First Street and Second Street; Harrison Street between Stolley Park Road and Anna Street; Howard Avenue between Faidley Avenue and Tenth Street; Independence Avenue between Manchester Road and Highway No.2; Koenig Street between Blaine Street and Vine Street; Lafayette Avenue between State Street and Capital Avenue; Lincoln Street between Anna Street and 13th Street/Broadwell A venue; Manchester Road between Viking Road and Engleman Road; New Us. Highway No. 30 between the West City Limits and Second Street; North Front Street between Webb Road and Broadwell Avenue; North Road between the Husker Highway and Highway No.2; Approved as to Form T January 21, 1999 ... City Attorney I I I ORDINANCE NO. 8440 (Cont.) Old Highway No.2 between North Broadwell and Highway No. 281; Old Potash Hwy between West City Limits and Custer Avenue; Old us. Hwy 30 between the west City Limits and New U.S. Hwy 30 Overpass; Pine Street between the Union Pacific Railroad and First Street; Pioneer Boulevard between Blaine Street and Stolley Park Road; Pleasant View Drive between Bismark Road and Fonner Park Road; Riverside Drive between Stagecoach Road and Stolley Park Road; St. Paul Road between Fourth Street and Capital Avenue; Second Street between Garfield Street and Plum Street; Second Street between Webb Road and Garfield Street; Seedling Mile Road between Stuhr Road and the east City Limits; Seventeenth Street between Sycamore Street and the Burlington Northern and Santa Fe Railroad; Shady Bend Road between the south and north City Limits Sky Park Road between Fourth Street and Capital Avenue; South Front Street between Vine Street and Walnut Street; South Locust Street between Walnut Street and south City Limits; Stagecoach Road between Blaine Street and Locust Street; State Street between 17th Street and North Road; Stoeger Drive between Seventh Street and Baumann Drive; Stolley Park Road between the west and east City Limits; Stuhr Road between Fonner Park Road and U.S. Hwy 30; Sycamore Street between First Street and Capital Avenue; Tenth Street between Broadwell Avenue and St. Paul Road; Third Street between Blaine Street and Walnut Street; Us. Hwy 30 between Plum Street and the east City Limits; Us. Hwy 34 between the west and east City Limits; Us. Hwy 281 between the north and south City Limits; Vine Street between Fonner Park Road and South Front Street; Walnut Street between Fourth Street and South Locust Street; Webb Road between U.S. Hwy 281 south and North City Limits; Wheeler Street between Fourth Street and Capital A venue; 13th Street between Engleman Road and Eddy Street; 17th Street between Walnut Street and Sycamore Street. SECTION 2. Section 22-113 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: January 25, 1999. ~~/ Ken"dnadt, Mayor - 2 - Approved as to Form 0 January 26, 1999 0 City Attorney I I I ORDINANCE NO. 8440 (Cont.) Attest: - 3 - Approved as to Form 0 January 26, 1999 0 City Attorney I I I . This Space Reserved for Register of Deeds. ORDINANCE NO. 8441 An ordinance to create Street Improvement District No. 1222; to define the boundaries of the district; to provide for the improvement of streets within the district by paving, curbing, guttering, storm drainage, and other incidential work in connection therewith; to provide for the filing of this ordinance with the Hall County Register of Deeds; and to provide the publication and effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 1222 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at the northwest comer of Section Thirty Four (34), Township Eleven (11) North, Range Nine (9) West of the 6th P.M.; thence east on the north line of Section Thirty Four (34), Township Eleven (11) North, Range Nine (9) West for a distance of One Hundred Twenty Nine and Fifty Six Hundredths (129.56) feet; thence south on a line perpendicular to the north line of Section Thirty Four (34), Township Eleven (11) North, Range Nine (9) West for a distance of Sixty (60.0) feet; thence southwesterly on a line for a distance of Eighty Two and Twenty Four Hundredths (82.24) feet; thence southerly on a line for a distance of Three ~~ Approved as to Form ., February 4, 1999 ... City torney I ORDINANCE NO. 8441 (Cant.) I Hundred Twenty Six and Fifty Eight Hundredths (326.58) feet; thence continuing southerly on a line for a distance of Three Hundred Seventy and One Hundredth (370.01) feet; thence southwesterly on a line for a distance of Eighty Three and Seventeen Hundredths (83.17) feet; thence southeasterly on a line for a distance of Four Hundred Forty Nine and Thirteen Hundredths (449.13) feet; thence southerly on a line for a distance of Three Hundred Sixty Four and Twenty Nine Hundredths (364.29) feet; thence continuing southerly on a line for a distance of Two Hundred Twenty Nine and Twelve Hundredths (229.12) feet; thence southerly on a line for a distance of Seven Hundred Six and Two Hundredths (706.02) feet; thence east on a line for a distance of One Hundred Nine and Twenty Two Hundredths (109.22) feet; thence south on a line One Hundred Ninety Seven and Two Hundredths (197.02) feet east of and parallel to the west line of Section Thirty Four (34), Township Eleven (11) North, Range Nine (9) West for a distance of Five Hundred Fifty Two and Four Hundredths (552.04) feet; thence west on a line for a distance of Thirty Two and Eighty One Hundredths (32.81) feet; thence southwesterly on a line for a distance of Two Hundred Forty Three and Twenty Five Hundredths (243.25) feet; thence southerly on a line One Hundred Thirty Four and Sixty Nine Hundredths (134.69) feet east of and parallel to the west line of Section Thirty Four (34), Township Eleven (11) North, Range Nine (9) West for a distance of One Hundred (100.0) feet; thence deflecting westerly on a line to a point One Hundred Thirty Seven and Ninety Seven Hundredths (137.97) feet west of the east line of Section Thirty Three (33), Township Eleven (11) North, Range Nine (9) West; thence north on a line One Hundred Thirty Seven and Ninety Seven Hundredths (137.97) feet west of an parallel to the east line of Section Thirty Three (33), Township Eleven (11), Range Nine (9) West for a distance of One Hundred Twenty (120.0) feet; thence northwesterly on a line for a distance of One Hundred Ninety One and Eight Tenths (191.8) feet; thence northerly on a line for a distance of Five Hundred Fifty One and Seventy Two Hundredths (551.72) feet; thence east on a line for a distance of One Hundred Sixty Four (164.0) feet; thence northerly on a line Thirty Three (33.0) feet west of and parallel to the east line of Section Thirty Three (33), Township Eleven (11), Range Nine (9) West for a distance of One Thousand Three Hundred Sixty One and Seventy Two Hundredths (1,361.72) feet; thence northwesterly on a line for a distance of Two Hundred Twenty Eight and Thirty Six Hundredths (228.36) feet; thence continuing northwesterly on a line for a distance of Three Hundred Seventy Five and Sixty Nine Hundredths (375.69) feet; thence northwesterly on a line for a distance of Twenty Nine and Seventy One Hundredths (29.71) feet to the south line of Lake Street; thence west on the south line of Lake Street for a distance of One Hundred Forty Four and Thirty Five Hundredths (144.35) feet; thence north on a line perpendicular to the south line of Lake Street for a distance of Sixty (60.0) feet; thence east on the north line of Lake Street for a distance of One Hundred Twenty Six and Six Tenths (126.6) feet; thence northeasterly on a line for a distance of Thirty Four and Seventy Six Hundredths (34.76) feet; thence northerly on a line for a distance of One Hundred Ten and Thirty Four Hundredths (110.34) feet; thence northwesterly on a line for I - 2 - Approved as to Form ., February 4, 1999 .Ii. City Attorney I I I ORDINANCE NO. 8441 (Cont.) a distance of Two Hundred Thirty Eight and Forty Three Hundredths (238.43) feet; thence continuing northwesterly for a distance of One Hundred Thirteen and One Hundredth (113.01) feet; thence northwesterly on a line for a distance of Seventy Four and Five Tenths (74.5) feet to the south line of U.S. Highway 34; thence north on a line perpendicular to the north line of Section Thirty Three (33), Township Eleven (11) North, Range Nine (9) West for a distance of Fifty (50.0) feet; thence east on the north line of Section Thirty Three (33), Township Eleven (11) North, Range Nine (9) West for a distance of One Hundred Seven and Eighty Nine Hundredths (107.89) feet to the point of beginning, all as shown on the plat dated January 5, 1999, attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 3. The following street in the district shall be improved by paving and other incidental work in connection therewith: South Locust Street between U.S. Highway 34 and Wood River Floodway (approximately 12 mile), in the City of Grand Island, Hall County, Nebraska Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the City of Grand Island and approved by the Mayor and City Council. SECTION 4. All improvements shall be made at public cost. SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, as provided by law. SECTION 7. After passage, approval and publication of this ordinance, without the plat, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law. - 3 - Approved as to Form" q??" February 4, 1999 ... City 1\ttomey ORDINANCE NO. 8441 (Cont.) Enacted: February 8, 1999. Attest: I , \ APproved as to FoTITl · ~ February 4, 1999 ... City Attorney - 4 - I I I P <J: o ex: o~ ~() ":i 11 ~. ,;,0 HUSKER HIGH'v/ A Y il ,-It ",. "". .(:- 'l?- ,?t :-,' '> ~ 6,0 s<() LAKE STREET !;l MATCH LINE STREET IMPROVEMENT DISTRICT 1222 9 0 f- \: w w ex: z f- <J: (/) :r: a- U I X I' w "- C\J z IE w Vl L- D W z :J >- Vl W ~ f ,-It ~. s. <f "i" ~ " ~, '\. 10 0"" .0: ",-V -It ~' .,. ~ d?~ '" f?<V ~o LOT 1 ~. ,;,0 -r POINT Dr BEGINNING U.S. HIGH'v/AY NO.34 NORTH LINE OF SECTION 34-11-9 " .. f- ~ (/) ::) U :JI ~ Il ~ ~ .. 126.6' o~ ~C' C; :r: f- ::) z ~ 5l 9 >- u . w ~. Vl ~ I~ .~. !z! :J ,-It ""~. .{:- ~?- .....'''' or 14".~' .. ~ "- i E X H I BIT II A II .. ~ CITY OF GRAND ISLAND , NEBR. ENGINEERING DEPARTMENT PLAT TO ACCOMPANY ORDINANCE NO. 8441 I SCALE 1'=200' L.D.C. 1/5/99 SHEET 1 OF 3 I r- w w ~ ~ 0<:: r- '" (I) ~ I .. M ~ 1>> ~ I- ~ U W V> l.. MATCH LINE 0 ~ :i I- I~ ,~ ~' ..$>' "". $' ~. ~. <1. $' <1. ,,OJ ::) ,,OJ I 'Y' -r' '" -.JI 0"" 0"" 4'65 ",~65 I ~ 3 ~ MA TCH LINE ,.... '0922' I E X H I BIT II A II STREET IMPROVEMENT DISTRICT 1222 CITY OF GRAND ISLAND , NEBR. ENGINEERING DEPARTMENT PLAT TO ACCOMPANY ORDINANCE NO. 8441 SHEET 2 OF 3 SCALE 1'=200' L.D.C. 1/5/99 I I I ~~ ~. "'. <l;-^' ~\" v'" ",,~ .,0'" .r:.' ",'(J MATCH LINE ~ ~ STREET IMPROVEMENT DISTRICT 1222 ~ 1 16-4' f- (/) :J U o -..J II f- :J o (/) 137.97' ~ 137.97' I I ..,. C') I~ u w (/) .... D W z :::i ~ ~ .... (/) w ::> ~ ~ 33 1O'J.2Z' 197.D2" ~ ~ 197R' 32.81' 134.69' 134.69' SHEET 3 or 3 \~ ". .,;.. ",. ,p^' ~ v'" ~" o~ ~o: ':i E X H I BIT II A II CITY OF GRAND ISLAND . NEBR. ENGINEERING DEPARTMENT IPLAT TO ACCOMPANY ORDINANCE . NO. 8441 I SCALE 1'=200' L.D.C. 1/5/99 I I I ORDINANCE NO. 8442 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising a part of the East Half of the Northeast Quarter (EYz NE~) of Section Twelve (12), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., City of Grand Island, Hall County, Nebraska, from B 1- Light Business Zone to B2-General Business Zone; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on February 3, 1999, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Board of Education of School District No.2 in Hall County, Nebraska; and WHEREAS, after public hearing on February 8, 1999, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The tract of land comprising a part of the East Half of the Northeast Quarter (EYz NE~) of Section Twelve (12), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., City of Grand Island, Hall County, Nebraska, more particularly described as follows: Commencing at the northwest comer of the East Half of the Northeast Quarter (EYz NE ~) of said Section Twelve (12); thence S 89013'00" E for Seventy Five (75.0) feet along the north line of the East Half of the Northeast Quarter (EYz NE~) of said Section Twelve (12) to a point of intersection with the easterly right-of-way line of U.S. Highway No. 281, said point being the true point of beginning; thence S 89013'00" E for Two Hundred (200.0) feet along the north Approved as to Form T Ct!Ji-. February 4, J 999 ... City Attorney I I I ORDINANCE NO. 8442 (Cont.) line of the East Half of the Northeast Quarter (EYz NE~) of said Section Twelve (12); thence S 0000'00" E for Two Hundred Seventeen and Eight Tenths (217.80) feet; thence N 89013'00" W for Two Hundred (200.0) feet to a point on the easterly right-of-way line of said U.S. Highway No. 281; thence N 0000'00" W for Two Hundred Seventeen and Five Tenths (217.50) feet along the easterly right-of- way line of said U.S. Highway 281 to the point of beginning. Containing 1.00 acres more or less of which 0.15 acres more or less is occupied by County Road Right-of-Way (Capital Avenue). (The easterly right-of-way line of U.S. Highway 281 is assumed North-South in direction.); is hereby rezoned and reclassified and changed from Bl-Light Business Zone to B2-General Business Zone. SECTION 2. The Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-7 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. </ Enacted: February 8, 1999. - 2 - Approved as to Form T ~ February 4, ] 999 ... City Attorney I I I ORDINANCE NO. 8443 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land located in the Southeast Quarter of the Southeast Quarter (SEV4 SEV4) of Section Thirteen (13), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., Hall County, Nebraska, from TA- Transitional Agriculture Zone to B2-General Business Zone; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on February 3, 1999, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Board of Education of School District No.2 in Hall County, Nebraska; and WHEREAS, after public hearing on February 8, 1999, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The tract of land located in the Southeast Quarter of the Southeast Quarter (SEV4 SEV4) of Section Thirteen (13), Township Eleven (11) North, Range Ten (10) West ofthe 6th P.M., Hall County, Nebraska, more particularly described as follows: Commencing from the southwest comer of said Southeast Quarter of the Southeast Quarter (SEV4 SEV4) on an assumed bearing ofN 89011'13" E along the south line of said Southeast Quarter of the Southeast Quarter (SEV4 SEV4) a distance of Seventy Four and Ninety Two Hundredths (74.92) feet to a point on the south line of said Southeast Quarter of the Southeast Quarter (SEV4 SEV4); thence N 01047'41" W along the east right-of-way line of U.S. Highway No. 281 Approved as to Form T uz.7 February 4, 1999 ... City Attorney I I I ORDINANCE NO. 8443 (Cont.) a distance of Nine Hundred Thirty Five and Fourteen Hundredths (935.14) feet to the point of beginning; thence continuing N 01047'41" W along said east right-of- way line a distance of Three Hundred Eighty Three and Five Hundredths (383.05) feet to the northwest comer of City of Grand Island Cell B-7; thence N 89003'57" E along the north line of said Southeast Quarter of the Southeast Quarter (SE~ SE~) a distance of One Thousand One Hundred Ninety Three and Ninety Four Hundredths (1193.94) feet; thence S 01041'36" E along the west right-of-way line of Webb Road a distance of Three Hundred Eighty Five and Fifty Seven Hundredths (385.57) feet; thence S 89011'13" W One Thousand One Hundred Ninety Three and Nineteen Hundredths (1193.19) feet to the point of beginning; said tract contains 10.5 acres more or less; is hereby rezoned and reclassified and changed from TA-Transitional Agriculture Zone to B2- General Business Zone. SECTION 2. The Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-7 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: February 8, 1999. - 2 - .<'" Approvedas to Form ..,CJ8f- February 4, 1999 ... City Attorney I I I ORDINANCE NO. 8444 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land located in the West Half of the Southwest Quarter (WYZ, SW'i4) of Section Twelve (12), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., City of Grand Island, Hall County, Nebraska, from TA-Transitional Agriculture Zone to B1-Light Business Zone, R1-Suburban Residential Zone, and R3-Medium Density Residential Zone as outlined on the attached drawing; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on February 3, 1999, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Board of Education of School District No.2 in Hall County, Nebraska; and WHEREAS, after public hearing on February 8, 1999, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The tract of land located in the West Half of the Southwest Quarter (WYZ, SW'i4) of Section Twelve (12), Township Eleven (11) North, Range Ten (10) West ofthe 6th P.M., City of Grand Island, Hall County, Nebraska, more particularly described as follows: Commencing at the southwest comer of said West Half of the Southwest Quarter (WYZ, SW'i4); thence on an assumed bearing of S 89007'12" E along the south line of said West Half of the Southwest Quarter (WYz, SW'i4) a distance of Forty (40.0) feet; thence N 00008'06" W a distance of Fifty (50.0) feet to the point of -;' Approved as to Form T ~ February 4, 1999 ... City Attorney I I I ORDINANCE NO. 8444 (Cont.) beginning; thence continuing N 00009'06" W a distance of Three Hundred Thirteen (313.0) feet; thence S 90000'00" E a distance of One Hundred Eleven and Twelve Hundredths (112.11) feet; thence S 60011'18" E a distance of Four Hundred Forty Eight and Eight Hundredths (448.08) feet; thence S 00000'02" Wa distance of Ninety Eight and One Hundredth (98.01) feet; thence N 89007'12" W a distance of Four Hundred Ninety Nine and Twenty Two Hundredths (499.22) feet to the point of beginning; is hereby rezoned and reclassified and changed from T A-Transitional Agriculture Zone to B 1- Light Business Zone as outlined in the attached drawing. SECTION 2. The tract of land located in the West Half of the Southwest Quarter (WY2, SW~) of Section Twelve (12), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., City of Grand Island, Hall County, Nebraska, more particularly described as follows: Commencing at the northeast comer of said West Half of the Southwest Quarter (W12, SW~); thence on an assumed bearing of S 00000'02" W on the east line of said West Half of the Southwest Quarter (W12, SW~) a distance of One Hundred Fifty Nine and Ninety Five Hundredths (159.95) feet to the point of beginning; thence continuing S 00000'02" W a distance of One Thousand Four Hundred Two and Twenty One Hundredths (1402.21) feet; thence N 76054'28" W a distance of One Hundred Eighty and Eight Hundredths (180.08) feet; thence around a curve in a clockwise direction having a delta angle of 21032'44", an arc distance of One Hundred Eighty and Twenty Hundredths (180.20) feet, a radius of Four Hundred Seventy nine and Twenty One Hundredths (479.21) feet, and a chord of S 37013'38" W a distance of One Hundred Seventy Nine and Fourteen Hundredths (179.14) feet; thence S 51040'23" W a distance of Three Hundred Seventy Six and Sixty Hundredths (376.60) feet; thence around a curve in a counter-clockwise direction having a delta angle of 44035'04", an arc distance of Three Hundred Fifty One and Eighteen Hundredths (351.18) feet, a radius of Four Hundred Fifty One and Thirty Two Hundredths (451.32) feet, and a chord of S 21020'28" W a distance of Three Hundred Forty Two and Thirty Nine Hundredths (342.39) feet; thence S 00057'02" E a distance of Three Hundred Fifty Five and Thirty Nine Hundredths (355.39) feet; thence N 89007'12" W a distance of Eighty and One Hundredth (80.01) feet; thence N 00000'02" E a distance of Ninety Eighty and One Hundredth (98.01) feet; thence N 60011'18" W a distance of Four Hundred Forty Eight and Eight Hundredths (448.08) feet; thence N 90000'00" W a distance of One Hundred Eleven and Twelve Hundredths (111.12) feet; thence N 00008'06" W a distance of One Thousand Seven Hundred Thirty One and Forty Hundredths (1731.40) feet; thence S 89015'24" E a distance of Seventy Nine and Ninety Nine Hundredths (79.99) feet; thence N 00007'34" W a distance of Two - 2 - Approved as to Form " ~ February 4, 1999 ... ity Attorney I I I ORDINANCE NO. 8444 (Cont.) Hundred Eighty Five (285.0) feet; thence around a curve in a clockwise direction having a delta angle of 90052'42", and arc distance of Seventy Eighty and Six Hundredths (78.06) feet, a radius of Forty Nine and Twenty Two Hundredths (49.22) feet, and a chord of N 45018'15" E a distance of Seventy and Thirteen Hundredths (70.13) feet; thence S 89016'22" E a distance of One Hundred Sixty Three (163.00) feet; thence S 84016'22" E a distance of One Hundred Sixty Three (163.0) feet; thence S 84041 '40" E a distance of Five Hundred One and Seventy Four Hundredths (501.74) feet; thence N 00000'00" E a distance of Eighty (80.0) feet; thence S 89015'24" E a distance of Four Hundred Ninety and Sixteen Hundredths (490.16) feet to the point of beginning; is hereby rezoned and reclassified and changed from TA-Transitional Agriculture Zone to R1- Suburban Residential Zone as outlined in the attached drawing. SECTION 3. The tract ofland located in the West Half of the Southwest Quarter (WY2., SW'i4) of Section Twelve (12), Township Eleven (11), Range Ten (10) West of the 6th P.M., City of Grand Island, Hall County, Nebraska, more particularly described as follows: Commencing at the southeast comer of said West Half of the Southwest Quarter (WY2., SW'i4); thence on an assumed bearing ofN 00000'02" E along the east line of said West Half of the Southwest Quarter (WY2., SW'i4) a distance of Fifty (50.0) feet to the point of beginning; thence N 89007'12" W a distance of Six Hundred Ninety Seven and Ninety Nine Hundredths (697.99) feet; thence N 00057'02" Wa distance of Three Hundred Fifty Five and Thirty Nine Hundredths (355.39) feet; thence around a curve in a clockwise direction having a delta angle of 44035'00", an arc distance of Three Hundred Fifty One and Eighteen Hundredths (351.18) feet, a radius of Four Hundred Fifty One and Thirty Two Hundredths (451.32) feet, and a chord of N 21 020'28" E a distance of Three Hundred Forty Two and Thirty Nine Hundredths (342.39) feet; thence N 51040'23" E a distance of Three Hundred Seventy Six and Sixty Hundredths (376.60) feet; thence around a curve in a counter-clockwise direction having a delta angle of21 032'44", an arc distance of One Hundred Eighty and Twenty Hundredths (180.20) feet, a radius of Four Hundred Seventy Nine and Twenty One Hundredths (479.21) feet, and a chord of N 37013'38" E a distance of One Hundred Seventy Nine and Fourteen Hundredths (179.14) feet; thence S 76054'28" E a distance of One Hundred Eighty and Eight Hundredths (180.08) feet; thence S 00000'02" W a distance of One Thousand Twenty and Thirty Seven Hundredths (1020.37) feet to the point of beginning; is hereby rezoned and reclassified and changed from TA-Transitional Agriculture Zone to R3- Medium Density Residential Zone as outlined in the attached drawing. - 3 - Approved as to Form " t::1JC February 4, 1999 . City Attorney I I I ORDINANCE NO. 8444 (Cont.) SECTION 4. The Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-7 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 5. That this ordinance shall be in force and take effect from and after its passage and publication, without the drawing, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: February 8, 1999. - 4- Approved as to Form ... February 4, 1999 ... City Attorney Requested Zoning ... DlIIl Scale: I" == 800' I From T A: Transitional Agriculture Zone To B 1: Light Business Zone To R 1: Suburban Residential Zone ~ To R3:Medium Density Residential Zone N + Regional Planning CommissIon 100 East 1st St Grand Island. NE 6880] 308-385-5444 Ext 210 C-4-99GI ~""i I I ORDINANCE NO. 8445 An ordinance to amend Ordinance No. 8432 known as the Salary Ordinance which lists the currently occupied classifications of officers and employees of the City of Grand Island, Nebraska and establishes the ranges of compensation of such officers and employees; to add a salary range for the position of Parking Monitor; to amend the salary ranges for employees included under the IBEW labor agreement; to add the position and salary range for the position of Network Technician; to amend the salary ranges for the Planning Director and Planning Technician positions; to add the positions and salary ranges for Community Health Program Supervisor and Medical Consultant within Health Department; to amend the salary range for various Health Department employees; to repeal Ordinance No. 8432, any ordinance or parts of ordinances in conflict herewith; to provide for severability; to provide for the effective date I thereof; and to provide for publication of this ordinance in pamphlet form. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The currently occupied classifications of officers and general employees of the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain officers and general employees shall work prior to overtime eligibility are as follows: Classification Bi- Weekly Pay Range MinIMax I Accountant Accounting Manager Accounting Technician - Solid Waste Accounting Technician - Streets 1081.60/ 1522.40 1324.00/1863.20 844.80/ 1188.80 844.80 / 1188.80 Overtime Eligibility Exempt Exempt 40 hrs/week 40 hrs/week Approved as to Form T ~ February 9, 1999 '" City Attorney I ORDINANCE NO. 8445 (Cont.) Classification Bi-Weeldy Pay Range Overtime MinIMax Eligibility Accounting Technician - WWTP 844.80/1188.80 40 hrs/week Administrative Assistant - Finance 934.40/1315.20 40 hrs/week Administrative Assistant - Public Works 934.40/ 1315.20 40 hrs/week Administrative Assistant - Utilities 934.40/ 1315.20 40 hrs/week Assistant Finance Director 1455.20/2047.20 Exempt Assistant Public Works Director 1498.40/2108.00 Exempt Assistant Utility Director 1922.40/2704.80 Exempt Attorney 1491.20/2097.60 Exempt Audio-Visual Technician 959.20/ 1349.60 40 hrs/week Biosolids Technician 823.20/ 1157.60 40 hrs/week Building Clerk 667.20/939.20 40 hrs/week Building Secretary* 756.00/1068.80 40 hrs/week Building Inspections Director 1560.00/2195.20 Exempt Building Inspector 1034.40/ 1456.00 40 hrs/week I Cemetery Superintendent 1076.80/1515.20 Exempt City Administrator 2554.40/3595.20 Exempt City Attorney 1959.20/2756.80 Exempt Civil Engineer - Utilities 1491.20/2097.60 Exempt Civil Engineer I 1091.20/1535.20 Exempt Civil Engineer II 1292.00/1818.40 Exempt Code Compliance Officer 880.00/ 1238.40 40 hrs/week Collection System Supervisor 1015.20/1428.80 40 hrs/week Communications Supervisor 892.00/ 1255.20 Exempt Community Development Director 1441.60/2028.00 Exempt Community Development Technician* 756.00/ 1120.80 40 hrs/week Custodian 631.20/ 888.00 40 hrs/week Data Processing Manager 1491.20/2097.60 Exempt Data Processing Supervisor 1081.60/1522.40 Exempt Deputy Fire Chief 1484.00/2088.00 Exempt I Deputy Police Chief 1551.20/2182.40 Exempt Downtown Development Director 1441.60/2028.00 Exempt Downtown Development Secretary 756.00/1063.20 40 hrs/week - 2 - Approved as to Form February 9, 1999 I ORDINANCE NO. 8445 (Cont.) Classification Bi- Weekly Pay Range Overtime Min/Max Eligibility Electric Distribution Superintendent 1714.40/2412.00 Exempt Electric Distribution Supervisor 1449.60/2040.00 40 hrs/week Electric Underground & Substation Superintendent 1527.20/2148.80 Exempt Electrical Engineer I 1252.00/ 1762.40 Exempt Electrical Engineer II 1449.60/2040.00 Exempt Electrical Inspector 1034.40/1456.00 40 hrs/week Emergency Management Coordinator 816.00/1148.80 40 hrs/week Emergency Management Director 1560.00/2195.20 Exempt Engineering Technician Supervisor 1200.80/1689.60 Exempt Equipment Operator 775.20/ 1091.20 40 hrs/week Executive Assistant - Administration 934.40/1315.20 40 hrs/week Finance Secretary 756.00/1063.20 40 hrs/week Finance Director 1959.20/2756.80 Exempt Fire Chief 1764.00/2482.40 Exempt I Fire Marshal 1389.60/1955.20 Exempt Fire Training Officer 1389.60/1955.20 Exempt Garage Superintendent 1141.60/ 1607.20 Exempt Golf Course Superintendent* 1175.20/1845.69 Exempt Grounds Management Crew Chief 914.40/1287.20 40 hrs/week Legal Assistant 1000.00/ 1407.20 40 hrs/week Legal Secretary 812.00/1142.40 40 hrs/week Librarian 964.00/ 1356.80 Exempt Library Assistant 665.60/936.80 40 hrs/week Library Clerk 531.20/747.20 40 hrs/week Library Director 1521.60/2140.80 Exempt Library Page* 412.00/654.92 40 hrs/week Library Secretary 756.00/1063.20 40 hrs/week Maintenance Mechanic I 786.40/ 1106.40 40 hrs/week Maintenance Mechanic II 882.40/1241.60 40 hrs/week I Maintenance Worker I 715.20/1005.60 40 hrs/week Maintenance Worker II 752.00/1058.40 40 hrs/week Meter Reading Supervisor 932.80/ 1312.00 Exempt Approved as to Form " - 3 - February 9, 1999 ... City Attorney I ORDINANCE NO. 8445 (Cont.) Classification Bi-Weekly Pay Range Overtime Min/Max Eligibility Office Manager - Police Department 946.40/ 1332.00 40 hrs/week Paramedic Supervisor 1389.60/1955.20 Exempt Parking Monitor 424.80/597.60 40 hrs/week Parks and Recreation Director 1638.40/2305.60 Exempt Parks and Recreation Secretary 756.00/ 1063.20 40 hrs/week Parks Maintenance Superintendent 1141.60/1607.20 Exempt Payroll Specialist 864.80/1216.80 40 hrs/week Personnel Director 1560.00/2195.20 Exempt Personnel Specialist 864.80/1216.80 40 hrs/week Plumbing Inspector 1034.40/1456.00 40 hrs/week Police Chief 1803.20/2536.80 Exempt Police Records Clerk 686.40/965.60 40 hrs/week Power Plant Maintenance Supervisor 1357.60/1909.60 Exempt Power Plant Operations Supervisor 1426.40/2007.20 Exempt I Power Plant Superintendent - Burdick 1426.40/2007.20 Exempt Power Plant Superintendent - PGS 1690.40/2378.40 Exempt Public Information Officer 870.40/ 1224.80 40 hrs/week Public Information/Records Management Director 1291.20/1816.80 Exempt Public Information/Records Management Secretary* 756.00/ 1122.40 40 hrs/week Public Safety Secretary* 756.00/ 1236.80 40 hrs/week Public Works Director 1959.20/2756.80 Exempt Public Works Secretary 756.00/ 1063.20 40 hrs/week Purchasing Technician 756.00/1063.20 40 hrs/week Recreation Superintendent 1114.40/1568.00 Exempt Senior Civil Engineer 1491.20/2097.60 Exempt Senior Electrical Engineer 1491.20/2097.60 Exempt Senior Engineering Technician 1060.80/1492.80 40 hrs/week Senior Equipment Mechanic 937.60/ 1320.00 40 hrs/week Senior Equipment Operator 848.80/1194.40 40 hrs/week I Senior Library Assistant 734.40/1033.60 40 hrs/week Senior Maintenance Worker 828.00/ 1165.60 40 hrs/week Solid Waste Clerk 667.20/939.20 40 hrs/week Approved as to Form T - 4 - February 9, 1999 '" City ttorney I ORDINANCE NO. 8445 (Cont.) Classification Bi-Weeldy Pay Range Overtime MinIMax Eligibility Solid Waste Superintendent 1275.20/ 1794.40 Exempt Street Superintendent 1275.20/ 1794.40 Exempt Street Supervisor 1012.80/1425.60 40 hrs/week Telecommunicator/EMD 768.80/1082.40 40 hrs/week Turf Management Specialist 1060.80/ 1492.80 40 hrs/week Utility Production Engineer 1613.60/2271.20 Exempt Utility Director 2228.00/3135.20 Exempt Utility Secretary 756.00/1063.20 40 hrs/week Utility Services Manager 1324.00/1863.20 Exempt Utility Warehouse Supervisor 1050.40/1478.40 40 hrs/week Wastewater Engineering/Operations Superintendent 1491.20/2097.60 Exempt Wastewater Plant Maintenance Supervisor 1041.60/1465.60 40 hrs/week Wastewater Plant Operator I 732.00/ 1030.40 40 hrs/week Wastewater Plant Operator II 777.60/ 1094.40 40 hrs/week I Wastewater Plant Process Supervisor 1068.00/ 1502.40 40 hrs/week Wastewater Plant Senior Operator 823.20/1157.60 40 hrs/week Water Superintendent 1252.00/ 1762.40 Exempt Water Supervisor 1068.00/1502.40 40 hrs/week Worker / Seasonal 412.00/1212.80 Exempt Worker / Temporary 412.00 40 hrs/week Youth Services Coordinator 828.00/985.60 Exempt *Pay Schedule Variation SECTION 2. The currently occupied classifications of employees of the City of Grand Island included under the AFSCME labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such I classifications, and the number of hours and work period which certain such employees included under the AFSCME labor agreement shall work prior to overtime eligibility are as follows: - 5 - Approved as to Form February 9, 1999 I I I ORDINANCE NO. 8445 (Cont.) Classification Bi- Weekly Pay Range Overtime MinIMax Eligibility Equipment Mechanic - Garage 852.00/1193.60 40 hrs/week Equipment Operator - Streets 761.60/1066.40 40 hrs/week Fleet Maintenance Technician 759.20/1061.60 40 hrs/week Shop Attendant 692.00/968.80 40 hrs/week Horticulturist 804.80/1109.60 40 hrs/week Maintenance Worker I - Cemetery 705.60/994.40 40 hrs/week Maintenance Worker I - Parks 705.60 / 994.40 40 hrs/week Maintenance Worker I - Streets 690.40/ 951.20 40 hrs/week Maintenance Worker II - Cemetery 755.20/1046.40 40 hrs/week Maintenance Worker II - Streets 734.40/1023.20 40 hrs/week Maintenance Worker II - Parks 750.40/1034.40 40 hrs/week Senior Equipment Operator - Streets 834.40/ 1148.80 40 hrs/week Senior Maintenance Worker - Streets 834.40/ 1148.80 40 hrs/week SECTION 3. The currently occupied classifications of employees of the City of Grand Island included under the IBEW labor agreements, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW labor agreements shall work prior to overtime eligibility are as follows: Classification Bi- Weekly Pay Range MinIMax Overtime Eligibility 40 hrs/week 40 hrs/week 40 hrs/week 40 hrs/week 40 hrs/week 40 hrs/week 40 hrs/week 40 hrs/week 40 hrs/week Accounting Clerk I Accounting Clerk II Computer Technician Computer Programmer Electric Distribution Crew Chief Electric Underground & Substation Crew Chief Engineering Technician I Engineering Technician II Instrument Technician 645.60/908.80 729.60/1026.40 784.80/1104.00 1026.40/1444.00 1247.20/ 1755.20 1247.20/1755.20 865.60/ 1217.60 1052.00/1480.00 1217.60/1712.80 - 6 - Approved as to Form T February 9. 1999 '" I ORDINANCE NO. 8445 (Cont.) Classification Bi-Weekly Pay Range Overtime Min/Max Eligibility Lineman Apprentice 886.40/ 1247.20 40 hrs/week Lineman First Class 1131.20/ 1592.00 40 hrs/week Lineman Second Class 977.60/ 1375.20 40 hrs/week Materials. Handler 1077.60/1516.00 40 hrs/week Meter Reader 747.20/1052.00 40 hrs/week Meter Technician 865.60/1217.60 40 hrs/week Network Technician 908.80/ 1278.40 40 hrs/week Power Dispatcher I 1131.20/1592.00 40 hrs/week Power Dispatcher II 1188.00/1671.20 40 hrs/week Power Plant Custodian 645.60/908.80 40 hrs/week Power Plant Maintenance Mechanic 1131.20/1592.00 40 hrs/week Power Plant Operator I 886.40/1247.20 40 hrs/week Power Plant Operator II 1188.00/1671.20 40 hrs/week Senior Accounting Clerk 765.60/1077.39 40 hrs/week I Senior Engineering Technician 1131.20/1592.00 40 hrs/week Senior Materials Handler 1188.00/1671.20 40 hrs/week Senior Meter Reader 804.00/ 1131.20 40 hrs/week Senior Power Dispatcher 1309.60/1842.40 40 hrs/week Senior Power Plant Operator 1309.60/ 1842.40 40 hrs/week Senior Substation Technician 1217.60/ 1712.80 40 hrs/week Senior Utilities Operator 1278.40/ 1799.20 40 hrs/week Senior Water Maintenance Worker 930.40/1309.60 40 hrs/week Substation Technician 1131.20/1592.00 40 hrs/week Systems Technician 1217.60/1712.80 40 hrs/week Tree Trim Crew Chief 1131.20/1592.00 40 hrs/week Utilities Electrician 1131.20/1592.00 40 hrs/week Utilities Operator 1159.20/1631.20 40 hrs/week Utility Technician 1247.20/ 1755.20 40 hrs/week Utility Warehouse Clerk 804.00/1131.20 40 hrs/week I Water Maintenance Worker I 765.60/1077.39 40 hrs/week Water Maintenance Worker II 824.00/1159.20 40 hrs/week Wireman I 977.60/ 1375.20 40 hrs/week - 7 - Approved as to Form February 9, 1999 I I I ORDINANCE NO. 8445 (Cont.) Wireman II Classification Bi-Weekly Pay Range MiniMax 1131.20/1592.00 *Pay Schedule Variation Overtime Eligibility 40 hrs/week SECTION 4. The currently occupied classifications of employees of the City of Grand Island included under the FOP labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the FOP labor agreement shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range MinIMax Overtime Eligibility 40 hrs/week 40 hrs/week 40 hrs/week Police Captain Police Officer* Police Sergeant* 1264.00/1779.20 852.80/1342.40 1050.40/1519.20 *Pay Schedule Variation SECTION 5. The currently occupied classifications of employees of the City of Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IAFF labor agreement shall work prior to overtime eligibility are as follows: Classification Bi- Weekly Pay Range MinIMax Overtime Eligibility 212 hrs/28 days 212 hrs/28 days 212 hrs/28 days 212 hrs/28 days Fire Captain* Firefighter / EMT* Firefighter / Paramedic* Fire Lieutenant* 1176.12 /1654.56 871.56/1248.48 960.12/1442.88 1027.08/1445.04 *Pay Schedule Variation - 8 - Approved as to Form February 9, 1999 I I I ORDINANCE NO. 8445 (Cont.) SECTION 6. The currently occupied classifications of officers and employees of the City of Grand Island within the Planning Department, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such officers and employees within the Planning Department shall work prior to overtime eligibility are as follows: Classification Bi- Weekly Pay Range MinIMax Overtime Eligibility Exempt 40 hrs/week 40 hrs/week Planning Director Planning Secretary Planning Technician 1432.08/ 1816.00 480.00/ 824.00 1114.86/ 1248.00 SECTION 7. The currently occupied classifications of officers and employees of the City of Grand Island within the Health Department, and the ranges of compensation (salary and wages) to be paid for such classifications, and the number of hours and work period which certain such officers and employees within the Health Department shall work prior to overtime eligibility are as follows: Classification Bi- Weekly Pay Range Overtime MinIMax Eligibility 698.40/983.20 40 hrs/week 1015.20/1428.80 40 hrs/week 1073.60/1511.20 Exempt 957.60/ 1348.00 40 hrs/week 531.20/747.20 40 hrs/week 1727.20/2192.80 Exempt 494.40/ 696.00 40 hrs/week 1009.60/1628.00 Exempt 756.00/1063.20 40 hrs/week $ 190/month Exempt - 9 - Approved as to Form February 9, 1999 Community Health Nurse I Community Health Nurse II Community Health Program Supervisor Environmental Health Specialist Health Clerk Health Director Interpreter Lab Scientist Lab Technician / Administrative Secretary Medical Consultant I ORDINANCE NO. 8445 (Cont.) Classification Bi- Weekly Pay Range MinIMax Overtime Eligibility 40 hrs/week Nutritionist 927.201 1304.00 1030.40/1628.00 412.00/1309.60 412.00 1073.60/1511.20 *Pay Schedule Variation Exempt 40 hrs/week Exempt Exempt Public Health Educator Seasonal Worker(s)* Temporary Worker WIC Director SECTION 8. The classification of employees included under labor agreements with the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classification, and the number of hours and work period which certain such employees shall work prior to overtime eligibility area as stated above. All full-time fire fighters and police officers shall be paid a clothing and uniform I allowance in addition to regular salary. The range of this allowance is $76 to $80 per month. Full-time police officers may also receive a reimbursement toward the purchase of body armor, not to exceed $400. Bilingual employees may receive an annual stipend not to exceed $300. Full-time fire fighters may receive a one-time uniform acquisition allowance of up to $500 and an annual stipend for longevity not to exceed $520. If any such fire fighter or police officer shall resign, or his or her employment be terminated for any reason whatsoever, the clothing allowance shall be paid on a prorata basis, but no allowance shall be made for a fraction of a month. Utilities Department personnel III the IBEW bargaining unit and the classifications of Meter Reading Supervisor, Power Plant Superintendent, Power Plant I Supervisor, Electric Distribution Superintendent, Electric Distribution Supervisor, Water Superintendent, Water Supervisor, Electric Underground and Substation Superintendent, Electric - 10 - Approved as to Form T February 9, 1999 '" City Attorney I I I ORDINANCE NO. 8445 (Cont.) Underground and Substation Supervisor, and Engineering Technical Supervisor shall be eligible to participate in a voluntary uniform program providing an allowance up to $18.00 per month. When protective clothing is required for Utilities Department personnel in the IBEW, the City shall pay 60% of the cost of providing and cleaning said clothing and the employees 40% of said cost. Public Works Department personnel in the AFSCME bargaining unit shall be eligible to participate in a voluntary uniform program providing an allowance up to $18 per month. Full- time Shop Garage Division personnel in the AFSCME bargaining unit shall receive a uniform allowance of $12 biweekly. Public Works Department personnel in the job classifications Senior Equipment Mechanic, Garage Superintendent, and Equipment Mechanic shall receive a tool allowance of $1 0 biweekly. Parking Monitors may receive a one-time uniform acquisition allowance of $250 upon employment and an annual allowance thereafter of $1 00. SECTION 9. Employees shall be compensated for unused sick leave as follows: (A) For all employees except those covered in the fire department bargaining agreement, the City will include in the second paycheck in January of each year, payment for an employee's unused sick leave in excess of 960 hours accrued in the preceding calendar year. The compensation will be at the rate of one-half day's pay based on the employee's current pay rate at the time of such compensation, for each day of unused sick leave which exceeds 960 hours accrual of the preceding year. For those employees covered in the fire department bargaining agreement, the City will include in the second paycheck in January of each year, payment for an employee's unused sick leave III excess of 2,880 hours accrued in the - 11 - Approved as to Form February 9, 1999 I I I ORDINANCE NO. 8445 (Cont.) preceding calendar year. The compensation will be at the rate of one-quarter day's pay based on the employee's current pay rate at the time of such compensation, for each day of unused sick leave which exceeds 2,880 hours accrual ofthe preceding year. (B). All employees except those covered in the fire department bargaining agreement shall be paid for one-half of their accumulated sick leave at the time of their retirement, the rate of compensation to be based on the employee's salary at the time of retirement. Employees covered in the fire department bargaining agreement shall be paid for one quarter of their accumulated sick leave at the time of their retirement, the rate of compensation to be based upon the employee's salary at the time of retirement. (C) Department heads shall be paid for one-half of their accumulated sick leave, not to exceed 30 days of pay, upon their resignation, the rate of compensation to be based upon the salary at the time of termination. Compensation for unused sick leave at retirement shall be as provided above. (D) The death of an employee shall be treated the same as retirement, and payment shall be made to the employee's beneficiary or estate for one-half of all unused sick leave. SECTION 10. The city administrator shall receive a vehicle allowance of $300 per month in lieu of mileage for use of personal vehicle travel within Hall County, payable monthly. SECTION 11. Reimbursed expenses which are authorized by Neb. Rev. Stat. 913-2201, et. seq., the Local Government Miscellaneous Expenditure Act and/or which the - 12 - Approved as to Form " February 9, 1999 ... City A torney I I I ORDINANCE NO. 8445 (Cont.) Internal Revenue Service requires to be reflected on an employee IRS Form W-2 at year end, are hereby authorized as a payroll entry. SECTION 12. 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 13. Ordinance No. 8432 and all other ordinances and parts of ordinances in conflict herewith be, and the same are, hereby repealed. SECTION 14. The salary adjustments identified above shall be effective as of October 1, 1998. SECTION 15. This ordinance shall be in full force and take effect from and after its passage and publication in pamphlet form in one issue of the Grand Island Independent as provided by law. Enacted: February 8, 1999. Attest: - 13 - Approved as to Form T ~ February 9, 1999 ... City ttorney I I I ORDINANCE NO. 8447 An ordinance to amend Chapter 36 of the Grand Island City Code; to amend Section 36-12 to add as definition for adjacent land; to amend Sections 36-15, 36-16, 36-17, 36- 18,36-19,36-20,36-21,36-22,36-23,36-24,36-25, and 36-26 pertaining to allowances for off- street parking, minimum side yard space, and minimum front yard space, and residential use exclusions; to amend Section 36-36 pertaining to the size of detached accessory buildings; to amend Section 36-57 pertaining to nonconforming use of a building; to amend Section 36-82 to allow as a conditional use the construction of a detached accessory building; to add Section 36- 35.1 pertaining to storage and display requirements; to repeal Section 36-12, 36-15, 36-16, 36- 17,36-18,36-19,36-20,36-21,36-22,36-23,36-24, 36-25, 36-26, 36-35, 36-36, 36-57, and 36- 82 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 36-12 of the Grand Island City Code is hereby amended to read as follows: ~36-12. Definitions Certain words and phrases are defined and certain provisions shall be construed as herein set out unless it shall be apparent from the context that they have a different meaning. All words used in the present tense include the future tense; the word "building" includes the word "structure"; the word "shall" is mandatory; the word "may" is permissive; the word "person" includes a firm, association, corporation, partnership, or natural person; the word "used" includes the words "designed", "arranged", or "intended to be used". Words not defined herein but which are defined in the Building Code of the City of Grand Island are to be construed as defined therein. The following definitions apply: Accessory Building. A subordinate building, on the same lot as the principal building, the use of which is incidental to the principal building and not connected to the principal building in any manner whatsoever. Accessory Use. A subordinate use of land, which is incidental in area, extent, or purpose to the principal building or to the principal use of land. Adiacent Land. Any land or portion ofland that is contiguous to a parcel or lot, or that would be contiguous if not for a public roadway or alley. Alley. A tract of land, dedicated to public use, which affords a secondary means of the vehicular access to the back or the side of properties otherwise abutting on a street, and which is not generally used as a thoroughfare by both pedestrians and vehicles. Approved as to Form February 16, 1999 T CJiZ- A City Attorney I ORDINANCE NO. 8447 (Cant.) I Automobile Service Station. Any building or premises used for the dispensing or sale of automobile fuels, lubricating oils or grease, tires, batteries, or automobile accessories. Services offered may include the installation of tires, batteries, and automobile accessories, automobile repairs, and greasing or washing of automobiles. Automobile service stations shall not include premises offering automobile wrecking or automobile body repair. Automobile Wrecking Yard. The dismantling or wrecking of used motor vehicles, wheeled or track laying equipment, or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles, or their parts. Basement. The portion of a building between floor and ceiling which is partly below and partly above grade, but so located that the vertical distance from grade to floor below is more than the vertical distance from grade to ceiling. Billboard. An outdoor advertisement sign which directs attention to a business commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located or to which it is affixed. Board. The Board of Adjustment. Boarding House (Lodf!ing House. Fraternity. Sororitv). A building, other than a hotel or motel, where lodging and meals are provided for three or more guests for compensation. Buildinf!. Any structure built for the support, shelter, or enclosure of persons, animals, or chattels, or property of any kind, including a modular home, but not a manufactured home unless such manufactured home meets the definition and standards as specified under the definition of a Dwelling Unit. Building. Heif!ht. The vertical distance measured from the curb level to the highest point of a roof surface, if a flat roof, to the deck line of mansard roofs, and to the mean height level between eaves and ridge for gable, hip, and gambrel roofs. Buildinz, Nonconforminz. (See "Nonconforming Building or Use") Building, Princival. A nonaccessory building in which is conducted a principal use of the zoning lot on which it is located. Building. Setback. The minimum horizontal distance between the property line and the nearest portion of a building on the property. Club. A voluntary association of persons organized for cultural, recreational, fraternal, civic, charitable or similar purpose, but shall not include an organization of premises the chief activity of which is a service or activity customarily carried on as a business. Conditional Use. A use which is not allowed in a zone as a matter of right but which is permitted upon approval of the city council as provided for in Article VIII of this chapter. Country Club. This shall include golf courses, par 3 golf courses, swimming pools, tennis clubs, and neighborhood clubhouses. Sleeping facilities other than quarters for one caretaker or manager and his family shall be prohibited. Clubs operated solely as restaurants, cocktail lounges, card rooms, taverns, bowling alleys, pool and billiard parlors, and similar activities normally carried on as a business shall be excluded from the definition of a country club. Court. A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls or a building. Drive-in. May be used as a noun or adjective and shall refer to a business designed to serve patrons while they are within an automobile by means of service windows with the intent that products be consumed in automobiles. This shall not be construed to include places for making deposits from automobiles such as drive- in bank windows, post office dropboxes, or laundry or cleaning drop boxes. Dwellinz Unit. One or more habitable rooms that are occupied, or which are intended or designed to be occupied by one family with facilities for living, sleeping, cooking, and eating purposes, including a modular home. It does not include a manufactured home unless such manufactured home is a factory-built manufactured home that bears the seal that it was built in compliance with the National Manufactured Home Construction and Safety Standards, 24 C.F.R. 3280, et. seq., promulgated by the United States Department of Housing and Urban Development (H.U.D.), and meets the following standards: (1) The home shall have no less than nine hundred square feet of floor area; (2) The home shall have no less than an eighteen-foot exterior width; (3) The roof shall be pitched with a minimum vertical rise of two and one-half inches for each twelve inches of horizontal run; I - 2 - Approved as to Form C:IiJf.- February 16, 1999 0 City Attorney I ORDINANCE NO. 8447 (Cant.) I (4) The exterior material shall be of a color, material and scale comparable with those existing in residential site-built single family construction; (5) The home shall have a nonreflective roof material which is or simulates asphalt or wood shingles, tile or rock; (6) The home shall have wheels, axles, transporting lights, and removable towing apparatus removed; and (7) The home shall be attached to a permanent foundation system and utility connections. Familv. An individual, or two or more persons related by blood, marriage, or adoption, or a group of not more than five persons who need not be related in any manner, living together in a dwelling unit; provided further, that domestic servants employed on the premises may be housed on the premises without being counted as a family or families. Garage. A building or portion thereof in which a motor vehicle containing gasoline, distillate or other volatile, flammable liquid in its tank, is stored, repaired, or kept. Ground Coveraze. The area of a zoning lot occupied by principal and accessory buildings expressed as a percentage of the gross area of the zoning lot. Guest Building. A structnre occupying an accessory position on a lot, which contains no cooking facilities, and is used exclusively for housing members of a single family or their nonpaying guests. Home Occuvations. Customary. A business, occupation, or profession carried on within a residential dwelling by the resident thereof, and which shall have the following characteristics: (a) there shall be no external or externally visible evidence of the occupation, business or profession whatsoever; (b) there shall be no emission of smoke, dust, odor, fumes, glare, noise, vibration, electrical or electronic disturbance detectable at the zoning lot line; (c) the activity shall employ only members of the immediate family of the resident of the dwelling; (d) there shall be no machinery other than that normally found in a home; (e) there shall be no contact at the premises with customers or clients other than by telephone or mail, except that music lessons may be given to one pupil at a time, and cultural, art, or dance instruction may be given to four pupils at one time; (f) said occupation may include the caring of children for hire, provided: (1) the total number of children in the home at one time shall not exceed eight children of mixed ages (infant, preschool, and/or school age), including the caregiver's own children under eight years of age. No more than two children may be under the age of 18 months. The caregiver may overlap two (2) more school age children beyond the eight (8) for specified periods during the day if the total time does not exceed four (4) hours. The caregiver may continue overlapping care during school breaks and holidays. (2) the premises must be suitable and meet all applicable codes for day care facilities. (3) the facility must have all licenses, permits, and registrations required by law. (g) there shall be no signs, radio, television, newspaper, handbill, or similar types of advertising linking the address of the premises with the home occupation; (h) room or board, but not for more than two persons; (i) further, shall not utilize more than twenty-five (25) percent of the actual floor area of anyone story of any structure. The above listed characteristics of a home occupation shall not be construed to restrict the sale of garden produce grown on the premises, provided, this exception shall not extend to allow the operation of a commercial greenhouse or nursery, or the existence of stands or booths for display of said produce. Any business, occupation, or profession, the operation of which does not meet the aforesaid characteristics of a home occupation shall not be interpreted to be a home occupation despite the fact that it may attempt to operate in a residential building. Hotel. Any building containing six or more guest rooms intended or designed to be used or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests, with provisions for individual bath facilities for each guest room and no provisions made for cooking in any individual room. Junk Yard. A place where waste, discarded or salvaged metals, building materials, paper, textiles, used plumbing fixtures, and other used materials are bought, sold, exchanged, stored, baled or cleaned; and places or yards for the storage of salvaged metal, materials and equipment; but not including pawn shops and establishments for the sale, purchase, or storage of used cars or trucks in operable condition, boats, or trailers in I - 3 - Approved as to Form February 16, 1999 0 City Attorney I ORDINANCE NO. 8447 (Cant.) I operable condition, and used furniture and household equipment in usable condition, and not including the processing of used, discarded or salvaged materials as part of manufacturing operations. Lot. A recorded piece, tract, or parcel of land occupied or to be occupied by a single principal building and accessory buildings, together with such open spaces as required under this chapter, and having its principal frontage upon a public street or officially approved place. Lot, Corner. A lot at the junction of two or more streets. Lot. Interior. A lot other than a corner lot with frontage on one street only. Lot, Through. An interior lot having frontage on two streets. Such lots may be referred to as "double frontage" lots. Lot, Devth. The distance between the front and rear lot lines measured in a mean direction of the side lot lines. Lot Lines. The property lines bounding the lot. Lot Line. Front. The boundary line between a lot and a street. For a corner lot, it is the boundary line between the lot and a street with the least dimension. For a through lot, it is the boundary line between the lot and a street which is so designated by the property owner at the time he takes out his building permit for the principal building. Lot Line, Rear. The boundary line which is opposite and most distant from the front lot line. Lot Line, Side. The boundary line or lines connecting the front lot line and rear lot line. Lot, Minimum Area. The minimum square foot of land area occupied, or to be occupied by a single principal building and accessory buildings as applicable to designated zoning districts. Lot Width. The distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lines. Manufactured Home. A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, and forty body feet or more in length, or when erected on site is three hundred twenty or more square feet in size and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities. Manufactured Home Park. Any plot of ground zoned and licensed as such by the City within which two or more manufactured home spaces are located. Modular Home. A structure whose construction consists entirely of, or the major portions of its construction consists of a unit or units not fabricated on the final site for the dwelling unit, which units are movable or portable until placed on a permanent foundation and connected to utilities. A modular home shall meet all codes applicable to a site-built home. The term modular home shall not include a manufactured home. Motel. A group of attached or detached rooms with individual bath facilities operated for transient occupants and so constructed that occupants' automobiles may be parked at or near the room. Nonconforming Building or Use. A building or portion thereof or use of building or land, lawfully existing at the time of the adoption of this ordinance that does not conform to the use regulations of the zone in which it is located, Planning Commission. The Commission empowered to recommend for and on behalf of the City of Grand Island in accordance with state and local laws. Stock or Feed Yard. The confined feeding of food, fur, or pleasure animals in buildings, lots, pens, pools, or ponds, which normally are not used for the raising of crops or for grazing animals. For the purpose of this chapter, confined feeding would mean the feeding of more animals on the property than normally associated with a farming operation on the property involved. Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. If the finished floor level directly above a basement or cellar is more than six (6) feet above grade, such basement or cellar shall be considered a story. Story, Half A story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the finished floor of such story. Street. A tract of land, dedicated to public use, which affords a primary means of access to the abutting property. Structure. Anything constructed or erected, the use of which requires more or less permanent location on the soil, or attached to something having a permanent location on the soil, including a modular home but not a I - 4 - Approved as to Form February 16, 1999 0 City I I I ORDINANCE NO. 8447 (Cont.) manufactured home unless such manufactured home meets the definition and standards as specified under the definition of a Dwelling Unit. Structural Alteration. Any change in the structural members of a building, such as walls, columns, beams, or girders. Yard. An open space unoccupied and unobstructed from the ground to the sky except as provided herein on a zoning lot which a building, or manufactured home, if permitted, is situated. Yard, Front. A yard across the full width of a zoning lot extending from the front lot line to a principal building, or manufactured home, if permitted. Yard. Rear. A yard across the full width of a zoning lot extending from the rear line of the lot to the rear line of a principal building, or manufactured home, if permitted. Yard. Side. A yard extending from the front yard to the rear yard of a zoning lot, extending from the side line of the lot to the side of a principal building, or manufactured home, if permitted. Zoninf!. Lot. A single tract of land, located within a single block, which at the time of filing for a building permit or a certificate of occupancy, is designated by the owner or developer as a tract to be used, developed, or built upon as a unit, under single or unified ownership or control, and assigned to the particular use, building, or structure, for which the building permit and certificate of occupancy are issued, and including such area of land as may be required by the provisions of this chapter for such use, building, or structure. Zoning Official. The zoning official shall be the director of the Planning Commission of the City of Grand Island who shall administer this chapter. SECTION 2. Section 36-15 of the Grand Island City Code is hereby amended to read as follows: ~36-15. Rl - Suburban Residential Zone Purpose: To provide for residential neighborhoods at a maximum density of four to five dwelling units per acre with supporting community facilities. (A) Permitted Principal Uses: (1) Dwelling units (2) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises (3) Public parks and recreational areas (4) Country clubs as defined herein (5) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level and colleges offering courses of general instruction, including convents, monasteries, dormitories, and other related living structures when located on the same site as the college. (6) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature (7) Utility substations necessary to the functioning of the utility (but not including general business offices, maintenance facilities, and other general system facilities) when located according to the yard space rules set forth in this section for dwellings and having a ten foot landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties. (8) Public and quasi-public buildings for cultural use (9) Railway right-of-way but not including railway yards or facilities (B) Permitted Accessory Uses: (1) Guest buildings (2) Customary home occupations (3) Other buildings or uses accessory to the permitted principal uses (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, III accordance with the procedures set forth in Article VIII and X of this chapter: (1) Preschools, nursery schools, day care centers, children's homes, and similar facilities (2) Towers (3) Off-street parking areas for schools and places of religious worshiplinstruction on lands adjacent to and within three hundred (300.0) feet of the principal building associated with the aforementioned uses. - 5 - Approved as to Form February 16, 1999 0 City I I I ORDINANCE NO. 8447 (Cont.) (D) Space Limitations: (1) Minimum lot area per dwelling unit: 9,000 square feet (2) Minimum lot width: 70 feet (3) Maximum height of building: 35 feet (4) Minimum front yard: 25 feet (5) Minimum rear yard: 20 feet (6) Minimum side yard: 10 feet; a comer lot shall have a minimum setback adjacent to the side street equal to 50% of the required front yard (7) Maximum ground coverage: 30% (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein SECTION 3. Section 36-16 of the Grand Island City Code is hereby amended to read as follows: ~36-16. R2 - Low Density Residential Zone Purpose: To provide for residential neighborhoods at a maximum density of seven dwelling units per acre with supporting community facilities. (A) Permitted Principal Uses: (1) Dwelling units (2) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises (3) Public parks and recreational areas (4) Country clubs as defined herein (5) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level and colleges offering courses of general instruction, including convents, monasteries, dormitories, and other related living structures when located on the same site as the college (6) Churches, synagogues, chapels and similar places of religious worship and instruction of a quiet nature (7) Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities, and other general system facilities when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties. (8) Public and quasi-public buildings for cultural use (9) Railway right-of-way, but not including railway yards or facilities (B) Permitted Accessory Uses: (1) Customary home occupations (2) Buildings and uses accessory to the permitted principal use (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, III accordance with the procedures set forth in Article VIII and X of this chapter. (1) Preschools, nursery schools, day care centers, children's homes and similar facilities (2) Towers (3) Off-street parking areas for schools and places of religious worship/instruction on lands adjacent to and within three hundred (300.0) feet of the principal building associated with the aforementioned uses. (D) Space Limitations: (1) Minimum lot area per dwelling unit: 6,000 square feet (2) Minimum lot width: 50 feet (3) Maximum height of buildings: 35 feet (4) Minimum front yard: 25 feet (5) Minimum rear yard: 20 feet (6) Minimum side yard: 5 feet; a comer lot shall have a minimum setback adjacent to the side street equal to 50% of the required front yard - 6 - Approved as to Form February 16, 1999 0 City Attorney I I I ORDINANCE NO. 8447 (Cant.) (7) Maximum ground coverage: 35% (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein. SECTION 4. Section 36-17 of the Grand Island City Code is hereby amended to read as follows: ~36-17. R3 - Medium Density Residential Zone Purpose: To provide for residential uses at a maximum density of fourteen to fifteen dwelling units per acre with supporting community facilities. This zone is some times used as a transitional zone between lower density residential zones and higher density residential, office, business, or manufacturing zones. (A) Permitted Principal Uses: (1) Dwelling units (2) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises (3) Public parks and recreational areas (4) Country clubs as defined herein (5) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level and colleges offering courses of general instruction, including convents, monasteries, dormitories and other related living structures when located on the same site as the college. (6) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature. (7) Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties. (8) Public and quasi-public buildings for cultural use (9) Railway right-of-way, but not including railway yards or facilities (B) Permitted Accessory Uses: (1) Customary home occupations (2) Buildings and uses accessory to the permitted principal use (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, in accordance with the procedures set forth in Article VIII and X of this chapter: (1) Nonprofit community buildings and social welfare establishments other than those providing living accommodations (2) Driveways, parking lots, or buildings when directly associated with or accessory to a permitted principal use in an adjacent zone. (3) Preschools, nursery schools, day care centers, children's homes, and similar facilities (4) Towers (5) Off-street parking areas for schools and places of religious worship/instruction on lands adjacent to and within three hundred (300.0) feet of the principal building associated with the aforementioned uses. (D) Space Limitations: (1) Minimum lot area per dwelling unit: 3,000 square feet (2) Minimum zoning lot: 6,000 square feet (3) Minimum lot width: 50 feet (4) Maximum height of building: 35 feet (5) Minimum front yard: 20 feet (6) Minimum rear yard: 15 feet (7) Minimum side yard: 5 feet; except a comer lot shall have a 20 foot setback adjacent to the side street (8) Maximum ground coverage: 50% (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein - 7 - Approved as to Form cq:; February 16, 1999 0 City Attorney I I I ORDINANCE NO. 8447 (Cont.) (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein. SECTION 5. Section 36-18 of the Grand Island City Code is hereby amended to read as follows: ~36-18. R4 - High Density Residential Zone Purpose: To provide for residential uses at a maximum density of forty-three dwelling units per acre with supporting community facilities. This zone is also used as a transitional zone between lower density residential zones and office, business, or manufacturing zones. (A) Permitted Principal Uses: (1) Dwelling Units (2) Boarding and lodging houses, fraternity and sorority houses (3) Truck, bush and tree farming, provided there is no display or sale at retail of such products on the premises (4) Public parks and recreational areas (5) Country clubs as defined herein (6) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level and colleges offering courses of general instruction, including convents, monasteries, dormitories and other related living structures when located on the same site as the college. (7) Churches, synagogues, chapels and similar places of religious worships and instruction of a quiet nature (8) Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities when located according to the yard space rules set forth in the section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such design as to harmonize with nearby properties. (9) Public and quasi-public buildings for cultural use. (10) Railway right-of-way, but not including railway yards or facilities. (11) Nonprofit community buildings and social welfare establishment. (12) Preschools, nursery schools, day care centers, children's homes and similar facilities (B) Permitted Accessory Uses: (1) Customary home occupations (2) Buildings and uses accessory to the permitted principal uses (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, in accordance with the procedures set forth in Article VIII and X of this chapter: (1) Driveways" parking lots or buildings when directly associated with or accessory to a permitted principal use in an adjacent zone. (2) Towers (3) Off-street parking areas for schools and places of religious worship/instruction on lands adjacent to and within three hundred (300.0) feet of the principal building associated with the aforementioned uses. (D) Space Limitations: (1) Minimum lot area per dwelling unit: 1,000 square feet (2) Minimum zoning lot: 6,000 square feet (3) Minimum lot width: 50 feet (4) Maximum height of building: 80 feet (5) Minimum front yard: 10 feet (6) Minimum rear yard: 10 feet (7) Minimum side yard: 5 feet, except a comer lot shall have a 10 foot setback adjacent to the side street (8) Maximum ground coverage: 60% (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein. - 8 - Approved as to Form February 16, 1999 0 City Attorney I I I ORDINANCE NO. 8447 (Cont.) SECTION 6. Section 36-19 of the Grand Island City Code is hereby amended to read as follows: ~36-19. RO - Residential Office Zone Purpose: To provide the highest density of residential uses as well as for various office, personal services and professional uses. This zone is also used as a transitional zone between lower density residential zones and business or manufacturing zones. (A) Permitted Principal Uses: (1) Dwelling units (2) Boarding and lodging houses, fraternity and sorority houses (3) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises (4) Public parks and recreational areas (5) Country clubs as defined herein (6) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level, and colleges offering courses of general instruction, including convents, monasteries, dormitories, and other related living structures when located on the same site as the college. (7) Cliurches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature (8) Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties. (9) Public and quasi-public buildings for cultural use. (10) Railway right-of-way but not including railway yards or facilities. (11) Nonprofit conununity buildings and social welfare establishments. (12) Hospitals, nursing homes, convalescent or rest homes. (13) Radio and television stations (no antennae), private clubs and meeting halls (14) Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar uses. (15) Beauty parlors and barber shops. (16) Office and office buildings for professional and personal services such as real estate, insurance, savings and loan associations, banks, accountants, architects, engineers, photographers, doctors, dentists, optometrists, chiropractors, podiatrists, etc. Retail activities shall be permitted but limited to uses pertaining to professional prescription services such as pharmacies, opticians, audiology, medical supply shops or items clearly accessory with the service such as picture frames to the photographer, shampoo and hair care items to the beauty and barber shop or similar uses. (17) Mortuaries, funeral homes, and funeral chapels. (18) Preschools, nursery schools, day care centers, children's homes, and similar facilities. (B) Permitted Accessory Uses: (1) Customary home occupations (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, in accordance with the procedures set forth in Article VIII and X of this chapter: (1) Driveways, parking lots or buildings when directly associated with or accessory to a permitted principal use in an adjacent zone. (2) Towers (3) Off-street parking areas for schools and places of worship/instruction on lands adjacent to and within three hundred (300.0) feet of the principal building associated with the aforementioned uses. (D) Space Limitations: (1) Minimum lot area per dwelling units: None (2) Minimum zoning lot: 6,000 square feet (3) Minimum lot width: 50 feet (4) Maximum height of building: 150 feet (5) Minimum front yard: 10 feet -- - 9 - Approved as to Form February 16, 1999 0 City Attorney I I I ORDINANCE NO. 8447 (Cont.) (6) Minimum rear yard: 10 feet (7) Minimum side yard: 5 feet, except a comer lot shall have a 10 foot setback adjacent to the side street (8) Maximum ground coverage: 75% (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein. SECTION 7. Section 36-20 of the Grand Island City Code is hereby amended to read as follows: ~36-20. Bl - Light Business Zone Purpose: To provide for neighborhood shopping and service facilities which will serve the needs of the surrounding residential area. Residential uses are permitted at the density of the R4 Zone. (A) Permitted Principal Uses: (1) Uses as listed under permitted principal uses ofRO Zone (2) Stores and shops for the conduct of retail business, provided, all activities and display goods are carried on within an enclosed building except that green plants and shrubs may be displayed in the open. (3) Offices and office buildings (4) Specific retail uses such as: Automobiles, automobile parts, and accessories, automobile trailers, appliances, beverages, bicycles and bicycle accessories (including rental), boats, books, bronzes, cameras and film, candy, carpets, clothing, confections, curios, dairy products, drugs, dry goods, electrical goods, fish (dressed), furniture (new and/or genuine antique), flowers, furs, groceries, guns, hardware, instruments (musical, professional or scientific), hats, jewelry, liquor, meats, motor vehicles, newspapers and magazines, notions, paint, paintings or art work, pastries, porcelain, poultry (dressed), radios, seed, shoes, sporting goods, stationery, television sets. (5) Specific agency uses such as: Advertising, airplane broker (no merchandise), bakery, cleaning and dyeing, collection, dancing school or academy, detective (private), employment, laundry, messenger service, real estate, telephone answering, travel (6) Specific shops such as: Antiques (genuine), barber and/or beauty, child care, dressmaking, embroidery, hobby, knit, locksmith, pet shop and/or school, shoe repair, specialty, tailor, television and appliance repair, watch repair. (7) Specific uses such as: Advertising distribution, art studio or school, assaying, automobile parking lot or building, automobile service station, automobile wash, bank, billiard hall, bowling alley, business school, cafe or restaurant (no dancing or entertainment), clinic, coin operated laundry or dry cleaning establishments, decorators studio, delicatessen, dental laboratory, department store, drive-in food and/or beverage establishments, financial institutions, fine arts gallery, garden supplies including nursery stock, ice delivery station, library (circulating or commercial), music store, music studio or school, photographers studio, recreation center and/or facilities (including miniature golf, kiddy parks, skating rinks, trampoline, etc.), reducing salon, refreshment stand, sponging and pressing (no power driven laundry or dry cleaning), swimming pool (commercial other than public), tavern (bar and cocktail lounge), telegraph office, theater, vending machines, X-ray operators and laboratories. (B) Permitted Accessory Uses: (1) Buildings and uses accessory to the permitted principal use. (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, m accordance with the procedures set forth in Article VIII and X of this chapter: (1) Towers (D) Space Limitations: (1) Minimum lot area: 3,000 square feet (2) Minimum lot width: 30 feet (3) Maximum height of building: 35 feet (4) Minimum front yard: 10 feet (5) Minimum rear yard: 10 feet - 10 - Approved as to Form ~ February 16, 1999 0 City Attorney I I I ORDINANCE NO. 8447 (Cont.) (6) Minimum side yard: 5 feet, except a comer lot shall have a 10 foot setback adjacent to the side street (7) Maximum ground coverage: 75% (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein. (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein SECTION 8. Section 36-21 of the Grand Island City Code is hereby amended to read as follows: ~36-21. B2 - General Business Zone Purpose: To provide for the service, retail and wholesale needs of the general community. This zone will contain uses that have users and traffic from all areas of the community and trade areas, and therefor will have close proximity to the major traffic corridors of the City. Residential uses are permitted at the density of the R4 Zone. (A) Permitted Principal Uses: (1) Uses as listed under permitted principal uses of the BI Zone. (2) Stores and shops for the conduct of wholesale business, including sale of used merchandise. (3) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers, manufactured homes, farm and construction machinery, etc. (4) Specific uses within a building such as: Animal hospital area, aquarium, auction house or store, automobile repair (no body repair), automobile sales and rental, aviary, bath house, blueprinting, book bindery, bottling plant (juices and soft drinks), building supply, canvas shop, carpet cleaning, chickens (sale of chicks), dance hall, dyeing of yams, engraver, express office, extermination, fumigation and sterilization services, feed and grain retail sales, film exchange, food lockers, furniture storage and repair, glass cutting and staining (with retail sales), gymnasium, laboratory (experimental or scientific), lapidary, leather goods (sale and incidental manufacture), lithographer, laundry, dry cleaning and dyeing plant, massage parlor, medical appliances retail sales, motel and/or hotel, newspaper printing office, office machines sales and service, optical glass grinding, pawn shop, photo finishing, plumbing shop, poultry hatchery, printer or publisher, sign painting shop, service enterprises of all kinds, sports arena, storage garage, tavern, bar or cocktail lounge, taxidermist, tire shop (repair and vulcanizing only), towel and linen service, trade or vocational school, upholstery shops. (5) Specific uses such as: Archery range, billboards, drive-in theater, golf driving range, storage yard (no junk, salvage or wrecking). (6) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than 20% of the floor area is so used. (B) Permitted Accessory Uses: (1) Building and uses accessory to the permitted principal use. (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, III accordance with the procedures set forth in Article VIII and X of this chapter: (1) Recycling business (2) Towers (D) Space Limitations: (1) Minimum lot area: 3,000 square feet (2) Minimum lot width: 30 feet (3) Maximum height of building: 55 feet (4) Minimum front yard: 10 feet (5) Minimum rear yard: None, if bounded by an alley, otherwise 10 feet. (6) Minimum side yard: None, but if provided, not less than five feet, or unless adjacent to a parcel whose zone requires a side yard setback, then five feet. In the case of a comer lot adjacent to the side street, the setback shall be 10 feet. When adjacent to a public alley, the setback is optional and may range from 0 feet to 5 feet. (7) Maximum ground coverage: 100% (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein - 11 - Approved as to Form CJiZ-- February 16, 1999 0 City Attorney I I I ORDINANCE NO. 8447 (Cont.) (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein. SECTION 9. Section 36-22 of the Grand Island City Code is hereby amended to read as follows: ~36-22. AC - Arterial Commercial Zone Purpose: To provide an overlay of the B2 Zone in order to require increased front setbacks, landscaping, and the limitation of some uses within areas along entrance corridors of the city. As the name implies, the overlay will be most commonly used along an arterial street corridor. (A) Permitted Principal Uses: (1) Uses as listed under permitted principal uses in the B2-General Business Zone underlying the Arterial Commercial Zone indication with the following exceptions: animal hospital with outside pens, auction house or retail store with outside display of used merchandise or outside storage, aviary with outside display or sales, billboards, bottling plant Quices and soft drinks), chickens (sale of chicks), feed and grain retail sales, massage parlor, plumbing shop with outside storage, poultry hatchery, storage yard. (B) Permitted Accessory Uses: (1) Buildings and uses accessory to the permitted principal uses. (2) Automotive body repair may be accessory to new or used automotive sales or rental, provided, no outside storage of parts shall be permitted. (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, in accordance with procedures set forth in Article VIII and X of this chapter: (1) Billboards for a four-year time period. (2) Towers (D) Space Limitations: (1) Minimum lot area: 5,000 square feet (2) Minimum lot width: 50 feet (3) Maximum height of building: 55 feet (4) Minimum front yard: 20 feet (5) Minimum rear yard: None, if bounded by an alley, otherwise 10 feet (6) Minimum side yard: None, but if provided, not less than 5 feet, or unless adjacent to a parcel whose zone requires a side yard setback, then 5 feet. In the case of a comer lot adjacent to the side street, the setback shall be 10 feet. (7) Maximum ground coverage: 80% (E) Procedure: (1) An application for an amendment to the arterial commercial zone on the Official Zoning Map shall follow all procedural requirements as set forth in this chapter. (F) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein. (2) Only one principal building shall be permitted on anyone zoning lot except as otherwise provided herein. (3) Landscaping shall be provided and maintained within the 20 foot front yard setback. Landscaping shall mean lawn areas and may also include trees, shrubs, and flowers. Crushed or lava rock, gravel, bark chips, etc. shall not substitute for lawn area. (4) All free-standing on-site ground signs shall be limited to four square feet of sign area per side of each one foot of frontage with a maximum of 400 square feet per side. The maximum height of the sign shall be 30 feet. A free-standing sign shall be no closer than 25% of the total frontage to the adjacent property, except at the street side of a comer lot where they may be within that 25% of lot frontage. (5) No billboards shall be permitted to be stacked one above the other. A billboard shall not receive existing rights status or "grandfather" rights unless structurally complete at the date of adoption of this section. A billboard that does receive existing rights at the date of adoption of this section shall be subject to conditional use approval for continued use four calendar years after the date of adoption of this section or shall be considered to be fully amortized and shall be removed. - 12 - Approved as to Form ~ February 16, 1999 0 City Attorney I I I ORDINANCE NO. 8447 (Cont.) (6) All improvements and uses shall be designed to direct primary vehicular and pedestrian traffic to arterial street access and reduce such traffic on adjacent non-arterial streets and alleys. SECTION 10. Section 36-23 of the Grand Island City Code is hereby amended to read as follows: ~36-23. B3 - Heavy Business Zone Purpose: To provide for the multiple uses within the central business district. Residential uses are permitted at the density of the RO Zone. (A) Permitted Principal Uses: (1) Uses as listed under permitted principal uses of the B 1 Zone (2) Hotel and motel uses (B) Permitted Accessory Uses: (1) Buildings and uses accessory to the permitted principal use. (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, m accordance with the procedures set forth in Article VIII and X of this chapter: (1) Stores and shops for the conduct of wholesale business, including sale of used merchandise. (2) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers, manufactured homes, farm and construction machinery, etc. (3) Specific uses within a building such as: Animal hospital area, automobile repair (no body repair), bath house, bottling plant Uuices and soft drinks), building supply, carpet cleaning, express office, furniture storage and repair, gymnasium, laboratory (experimental or scientific), lapidary, lithographer, laundry, dry cleaning and dyeing plants, massage parlor, optical glass grinding, photo finishing, plumbing shop, poultry hatchery, sports arena, storage garage, towel and linen service. (4) Specific uses such as: Archery range, billboards, drive-in theater, golf driving range, storage yard (no junk, salvage or wrecking). (5) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than 20% of the floor area is so used. (6) Towers (D) Space Limitations: (1) Minimum lot area: 3,000 square feet (2) Minimum lot width: 30 feet (3) Maximum height of buildings: None (4) Minimum front yard: 10 feet (5) Minimum rear yard: None, if bounded by an alley, otherwise ten feet (6) Minimum side yard: None, but if provided, not less than five feet or unless adjacent to a parcel whose zone requires a side yard setback, then five feet. In the case of a corner lot adjacent to the side street, the setback shall be 10 feet. When adjacent to a public alley, the setback is optional and may range from 0 to 5 feet. (7) Maximum ground coverage: 100% (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein. (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein. SECTION 11. Section 36-24 of the Grand Island City Code is hereby amended to read as follows: ~36-24. ME - Industrial Estates Zone Purpose: To provide for a variety of manufacturing, truck, trailer, and truck/trailer parts retailing, truck, - 13 - Approved as to Form February 16, 1999 0 City Attorney I I I ORDINANCE NO. 8447 (Cont.) trailer, and truck/trailer parts wholesaling, warehousing, administrative and research uses within an area of comparatively high visibility and having quality standards to promote an industrial park atmosphere. (A) Permitted Principal Uses: (1) Any industrial, manufacturing, remanufacturing, truck, trailer, and truck/trailer parts retailing, truck, trailer, and truck/trailer parts wholesaling, storage, warehousing, distribution use or administrative, professional research or other similar office use shall be permitted within this district, provided, such use is in compliance with miscellaneous provisions and performance standards listed in this chapter, or unless specifically excluded, or a conditional use as listed below. (B) Permitted Accessory Uses: (1) Buildings and uses accessory to the permitted principal uses or approved permitted conditional uses. (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, III accordance with the procedures set forth in Article VIII and X of this chapter: (1) Explosives manufacturing (2) Towers (radio, television, satellite, etc.) (3) Gravel, sand or dirt removal, stockpiling, processing or distribution and batching plant (4) Trade and vocational schools (D) Specifically Excluded Uses: (1) Automotive wrecking or salvage yards (2) Storage, dump, or yard for the collection, salvage or bailing of scrap paper, bottles, iron, rags, junk, or any other materials (3) Storage of explosives (4) Any residential use (5) Billboards (6) Stock or feed yards and auction houses for livestock (7) Concrete or cement products manufacturing and batching plants (8) Contractor's storage yard or plant (9) Tanning, curing, or storage of hides or skins (10) Churches, schools, institutions and other similar public and semi-public uses except for trade and vocational schools (11) Milling or smelting of ores (12) Storage tanks or facilities for fuel oils, petroleum, acids, flammable liquids and chemicals (13) Petroleum refining (E) Space Limitations: (1) Minimum lot area: 2.5 acres (2) Minimum lot width: 250 feet (3) Maximum height of building: 50 feet (4) Minimum front yard: 50 feet (5) Minimum side yard: 20 feet. A comer or through lot shall be considered to have more than one front yard and shall have a minimum yard of 50 feet adjacent to all frontages (6) Minimum rear yard: 20 feet (7) No minimum yard shall be required from property line abutting a railroad right-of-way (8) Maximum ground coverage: 50% (F) Miscellaneous Provisions: (1) Landscaping shall be provided in the entire area of all required front yards except for necessary paving of walkways and of driveways to reach parking and loading areas in the side or rear yards, provided, that any driveways in the front yard shall not be wider than thirty (30) feet. Landscaping shall include, but is not limited to, screen plantings, lawn area, pools, trees, shrubs, fences, and walls. Crushed rock, gravel, bark chips, etc., shall not substitute for lawn area. Landscaping shall be provided within two years of issuance of the occupancy permit for the principal structure and thereafter be properly maintained. (2) Any outside storage of inoperable or unassembled parts or equipment shall be visually screened from the surrounding area by fences, walls, plantings, earth berm or other barrier and such screening shall be opaque. (3) No loading facilities shall be located within a required front yard. Loading facilities located between a building and an adjacent street or residential district shall be visually screened to the same standards as any outside storage. - 14 - Approved as to Form ~ February 16, 1999 0 City Attorney I I I ORDINANCE NO. 8447 (Cont.) (4) No galvanized or other raw metal sheeting shall be used for the exterior construction of any principal or accessory building. (5) Supplementary regulations shall be complied with as defined herein. (6) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein. SECTION 12. Section 36-25 of the Grand Island City Code is hereby amended to read as follows: ~36-25. Ml - Light Manufacturing Zone Purpose: To provide for light fabrication, service, warehousing, administrative and research uses within a zone having generally limited public contact and requiring some minimal landscaping standards. (A) Permitted Principal Uses: (1) Administrative, executive, professional, research and similar office use having limited contact with the public (2) Agriculture, including the raising of field crops, tree and bush crops, animals and fowls, but not including feed lots, poultry farms, fur farms, and kennels (3) Buildings and installations for public utilities; facilities shall observe yard space requirements but shall not be subject to minimum area or width requirements (4) Railway right-of-way, but not including railway yards or facilities (5) Radio and television stations, private clubs, and meeting halls (6) Specific uses such as: animal hospital, automobile service station, bakery, bottling plant, blueprinting, brewery or distillery, cafe or restaurant, cannery, carpenter or woodworking shop, carpet cleaning, casting of lightweight or nonferrous metals, cemetery, dairy products distribution, dry cleaning and laundry plant, enameling, japanning, lacquering, galvanizing or plating of metals, feed and seed processing and storage, furniture repair and warehousing, garage, glass manufacture, laboratories, lapidary, printer, publisher or lithographer, pulp paper, cardboard or building board manufacture, sign painting, or manufacture, signs or billboards, stone and monument works, synthetics and plastic manufacture, tire recapping or retreading, trade or vocational school, vitreous ware, pottery and porcelain manufacture, warehouse. (7) Manufacture, processing, assembly, fabrication or storage of products and materials similar to the above (8) Other uses which are, in the opinion of the Board of Adjustment, similar to the above (B) Permitted Accessory Uses: (1) Sales of new merchandise when same is manufactured, processed, assembled, fabricated or stored on the prermses (2) Buildings and uses accessory to the permitted principal use (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, III accordance with the procedures set forth in Article VIII and X of this chapter: (I) Gravel, sand, or dirt removal, stockpiling, processing or distribution, and batching plant (2) Concrete or cement products manufacturing and batching plant. (3) Truck terminal, tractor, trailer, or truck storage, including maintenance facilities (4) Contractor's storage yard or plant (5) Motels and hotels (6) Towers (D) Specifically Excluded Uses: (1) Any residential use (2) Manufactured homes and manufactured home parks (3) Churches, schools, institutions and other public and semi-public uses except for trade and vocational schools (E) Space Limitations: (1) Minimum lot area: 20,000 square feet (2) Minimum lot width: 100 feet (3) Maximum height of buildings: 50 feet - 15 - Approved as to Form I"~ February 16, 1999 o~ I I I ORDINANCE NO. 8447 (Cont.) (4) Minimum front yard: 35 feet, with 15 feet adjacent to a street landscaped to satisfaction of the zoning official (5) Minimum rear yard: 20 feet (6) Minimum side yard: 10 feet (7) Maximum ground coverage: 50% (F) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein (2) Landscaping shall be provided and maintained by the owner or developer within the 15 feet adjacent to a street; landscaping shall include but is not limited to, screen planting, lawn area, trees, shrubs, fences and walls; all landscaping shall be planned and maintained to the satisfaction of the zoning official. (3) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein. SECTION 13. Section 36-26 of the Grand Island City Code is hereby amended to read as follows: ~36-26. M2 - Heavy Manufacturing Zone Purpose: To provide for the widest variety of manufacturing, warehousing, wholesaling and business uses. Conditional use permits are required for those uses with more significant health and safety concerns. (A) Permitted Principal Uses: (1) Uses as listed under permitted principal uses of the B1, B2, B3, and M1 Zones except as listed under specifically excluded uses (2) Gravel, sand or dirt removal, stockpiling, processing or distribution, and batching plant (3) Concrete or cement products manufacturing and batching plant (4) Truck terminal, tractor, trailer, or truck storage, including maintenance facilities (5) Contractors storage yard or plant (6) Specific uses such as: Animal pound or kennel, arena or athletic field or track, automobile body repair, boiler and tank works, cemetery, cesspool cleaning yard, crating and hauling depot, egg candling, felt manufacturing, house movers yard, sauerkraut manufacture; storage yards or buildings for lumber, coal, coke, gas, or similar uses except explosives. (7) Railway right-of-way, including yards and facilities (8) Other uses which are, in the opinion of the Board of Adjustment, similar to the above. (B) Permitted Accessory Uses: (1) Buildings and uses accessory to the permitted principal uses (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, III accordance with the procedures set forth in Article VIII and X of this chapter: (1) Automobile wrecking yard (2) Acid or acid by-products manufacture (3) Ammonia bleaching powder, chlorine, perozylin or celluloid manufacture (4) Explosives manufacture or storage (5) Garbage, refuse, offal or dead animal reduction or disposal area (6) Glue manufacture, fat rendering, distillation of bones or by-products (7) Meat packing plants, including poultry and animal slaughterhouses and abattoirs (8) Milling or smelting of ores (9) Petroleum refining (10) Stock or feed yards (11) Storage, dump, or yard for the collection, salvage, or bailing of scrap paper, bottles, iron, rags, junk, etc. (12) Tanning, curing, or storage of hides or skins (13) Motels and hotels (14) Towers (D) Specifically Excluded Uses: (1) Any residential use - 16 - Approved as to Form ~ February 16, 1999 Oetty A tomey I I I ORDINANCE NO. 8447 (Cont.) (2) Manufactured homes, and manufactured home parks (3) Churches, schools, institutions and other public and semi-public uses except for trade and vocational schools (E) Space Limitations: (1) Minimum lot area: 6,000 square feet (2) Minimum lot width: 50 feet (3) Maximum height of building: None (4) Minimum front yard: None (5) Minimum rear yard: None, when bounded by an alley, otherwise 10 feet (6) Minimum side yard: None, but if provided, not less than 5 feet or unless adjacent to a parcel whose zone requires a side yard setback, then 5 feet. When adjacent to a public alley, the setback is optional and may range from 0 feet to 5 feet. (7) Maximum ground coverage: 65% (F) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein. SECTION 14. Section 36-36 of the Grand Island City Code is hereby amended to read as follows: ~36-36. Accessory Building Regulations (A) General. Accessory buildings shall not be located within the required front yard setback of the lot and or within an easement. An accessory building on a corner lot shall have a setback from the side street equal to or greater than the requirement for the principal building. There shall be a minimum setback of six (6) feet between accessory buildings. If an accessory building has a door opening of over six (6) feet in width on a side parallel to an alley, then such accessory building shall be located not less than eight (8) feet from the lot line abutting the alley. The size of a detached accessory building shall not exceed the floor area or height of the existing principal residence. Detached accessory building coverage shall be limited to 24% of the total allowable ground coverage. (B) In Business and Manufacturing Zoning Districts: Accessory buildings shall comply with all requirements of this chapter for the principal building. (C) In Agricultural and Residential Zoning Districts: Accessory buildings shall be permitted only on the same platted lot as the principal building. Accessory buildings shall comply with all requirements of this chapter for the principal building if located within fifteen (15) feet of the principal building or when any part of the accessory building is located in the area between the required front yard setback and a line extending from the back of the principal building to the side lot line. Accessory buildings on lots with a frontage of 100 feet or more shall have a minimum side and rear yard of five feet. Accessory buildings on lots with a frontage of less than 100 feet shall have a minimum side and rear yard of two feet. SECTION 15. Section 36-57 ofthe Grand Island City Code is hereby amended to read as follows: ~36-57. Change of Use If no structural alterations are made, a nonconforming use of a building may be changed to a different use if that use is more conforming in nature. No use or building shall be permitted to increase the degree of nonconformity. The principal permitted uses listed under a specific district shall be interpreted to have the same degree of nonconformity in applying this chapter. A residential use located in an industrial zone shall be interpreted as having a high degree of nonconformity. - 17 - Approved as to Form ~ February 16, 1999 0 City ttorney I I I ORDINANCE NO. 8447 (Cont.) SECTION 16. Section 36-82 of the Grand Island City Code is hereby amended to read as follows: ~36-82. Authorized Conditional Uses The following uses may be granted by the city council as a permitted conditional use in accordance with the procedure as set forth in this article: (1) To permit uses as listed under the permitted conditional uses within the respective zoning districts as specified in this chapter; (2) To permit the appropriate use of a lot less in area by not more than ten percent of the area required by this chapter; (3) To reduce the applicable off-street parking or loading facilities required by not more than two parking spaces or one loading berth or twenty percent of the required number, whichever is greater; (4) To permit the same off-street parking facilities to qualify as required spaces for two or more uses, provided, the substantial use of such spaces by each user does not take place at approximately the same hours of the same days of the week; (5) To permit temporary buildings and uses for periods not to exceed two years in undeveloped areas of the City, and for periods not to exceed six (6) months in developed areas; (6) To permit the placement and operation of wind turbines, solar energy collectors, or other energy saving devices that would not be in conformance with the space limitations as specified in this chapter. (7) To reduce the required minimum side yard setback on a comer lot adjacent to the side street to two feet, provided, both dedicated street rights-of-way adjacent to the lot are at least 80 feet in width and that both streets are designed as local streets with a width of street improvement not greater than 37 feet from back-to-back of the curb line. (8) To permit the construction and operation of a private wastewater treatment system for any use within the zoning jurisdiction of the City of Grand Island, excepting those small systems consisting of a septic tank and drainfield having a design capacity ofless than 2,000 gallons per day. The design capacity shall be based on the table of estimated waste/sewerage flow rates in the currently adopted plumbing code of the City of Grand Island. (9) To permit the keeping of livestock on residential property with less than a half acre of outdoor enclosure area per animal for periods not to exceed three (3) years in accordance with requirements set out in S5-16 of this code. (10) To permit the construction of a detached accessory building which does not comply with the lot coverage, floor area or height restrictions stipulated within this Ordinance. SECTION 17. Section 36-35.1 is hereby added to the Grand Island City Code to read as follows: S36-35.1 Storage and Display Requirements All storage and display areas associated with automotive/truck/recreational vehicle sales or rentals shall be hardsurfaced in accordance with the requirements ofS36-35. SECTION 18. Section 36-12,36-15,36-16,36-17,36-18,36-19,36-20,36-21, 36-22, 36-23, 36-24, 36-25, 36-26, 36-36, 36-57, and 36-82 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. - 18 - Approved as to Form ~ February 16, 1999 0 City Attorney I I I ORDINANCE NO. 8447 (Cont.) SECTION 19. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: February 15, 1999. ~~. Key/inadt, Mayor Attest: - 19 - Approved as to Form February 16, 1999 0 City Attorney I I I ORDINANCE NO. 8448 An ordinance to amend Chapter 22 of the Grand Island City Code; to amend Section 22-104 pertaining to parking fines; to repeal Section 22-104 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 22-104 of the Grand Island City Code is hereby amended to read as follows: ~22-104. Appearance In Response to Police Tag Persons receiving police tags for violations of this article or Article XII of this chapter shall have five days from the date on which the official tag was attached to the offending motor vehicle to report to the police department with said official police tag and pay the amounts set out in 922-103. Further, said persons shall also be in violation of the provisions of this Code and subj ect to the penalties provided herein. SECTION 2. Section 22-104 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: February 15, 1999. ~~ Ke~na ., ayor Attest: (LId Cindy It. Jo Approved as to Form T CJ<l.;5 February 16, 1999 ... City Attorney I I I ORDINANCE NO. 8461 An ordinance to amend Chapter 33 of the Grand Island City Code; to amend Sections 33-7 and 33-8 pertaining to deadline for submission of subdivision plats; to repeal Sections 33-7 and 33-8 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 33-7 of the Grand Island City Code is hereby amended to read as follows: ~33-7. Preliminary Study and Data (1) The subdivider shall prepare and file with the Planning Commission twenty-two (22) copies of the proposed preliminary study and required data at least twenty (20) days prior to the date of the next regular Planning Commission meeting at which approval of the preliminary study is requested. (2) The director of Planning shall, within five days from the date of filing, transmit a copy of the proposed preliminary study to the Board of Education of the school district or districts involved, the public works director, director of utilities operations, and any other department or agency that may be affected by the plat and as the commission may designate. Such department or agency except said Board of Education shall have five days to review the referred preliminary study and report back to the director of Planning any requirements or recommendation pertinent to approval of the study. The director of Planning shall examine the preliminary study as to compliance with laws and ordinances of the approved master plan, other official plans and good planning principles; analyze the recommendations submitted by other departments and agencies; coordinate these recommendations and submit his recommendations to the Planning Commission at the next regular meeting. (3) The Planning Commission shall consider all evidence presented by the subdivider, the director of Planning, and others, and shall approve or disapprove the preliminary study, and shall within two days of the meeting, transmit its recommendation along with all supporting papers to the City Council. A copy of the recommendation shall be sent to the subdivider, and one copy shall be retained in the permanent files of the Planning Commission. (4) The city council shall consider and act upon the Planning Commission's recommendation, and shall approve or disapprove the preliminary study. In the event of disapproval, the council shall notify the Planning Commission and state specific reasons for disapproval, a copy of which shall be transmitted to the subdivider. Approval by the council shall be effective for a period of twelve months, after which if the final plat has not been submitted to the Planning Commission for approval, reapproval of the preliminary study by the Planning Commission and council shall be required. (5) The preliminary study shall be made from an accurate survey made by a licensed land surveyor in the State of Nebraska. The minimum acceptable scale shall be 100 feet to the inch. All preliminary studies shall provide the following information: (a) Proposed name and acreage of the subdivision. (b) Name and address of owner, subdivider, and engineer or land surveyor. (c) A legal description sufficient to define the location and boundaries of the subdivision and evidence of ownership of the property proposed to be subdivided. (d) A map indicating plans for the development of the entire area if the proposed plat is a portion of a larger holding intended for subsequent development. Preliminary engineering plans for all improvements Approved as to Form T ~ March 23, 1999 ... City Attorney I . This space reserved for Register of Deeds. ORDINANCE NO. 8449 An ordinance creating Water Main District No. 430T in the City of Grand Island, I Hall County, Nebraska; defining the houndaries oUhe district; providing for the laying of water mains in said district; providing for plans and specifications and securing bids; providing for the connection fee for connecting to such water main; providing for certification to the Register of Deeds; and providing the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Water Main District No. 430T in the City of Grand Island, Nebraska, is hereby created for the laying oftwenty (20) inch and eight (8) inch diameter water main with its appurtenances in Stuhr Road from the Swift Road to Bismark Road, and Bismark Road from Cherry Street to Stuhr Road in the City of Grand Island, Hall County, Nebraska. I SECTION 2. The water mam district shall be located m Valley View Subdivision, Valley View Second Subdivision, Bohnart Subdivision, and a part of Approved as to Form . ~ March 5. 1999 . City Attorney I I I ORDINANCE NO. 8449 (Cant.) Section Fourteen (14), Township Eleven (11) North, Range Nine (9) West ofthe 6th PM., in Grand Island, Hall County, Nebraska. The boundaries of such water main connection district shall be more particularly described as follows: Beginning at the Northwest comer of the Southwest Quarter (SW ~), Section Fourteen (14), Township Eleven (11) North, Range Nine (9) West; thence easterly along the northerly line of the Southwest Quarter (SW ~), said Section Fourteen (14), a distance of thirty three (33.0) feet to a point on the easterly right-of-way line of Stuhr Road; thence southerly along the easterly right-of-way line of said Stuhr Road, a distance of eight hundred eleven and thirty eight hundredths (811.38) feet to a point on the southerly right-of-way line of the Burlington Northern Santa Fe Railroad; thence southeasterly along the southerly right-of-way line of said Burlington Northern Santa Fe Railroad, a distance of one hundred eighty five and seventy six hundredths (185.76) feet; thence southerly and one hundred ninety one and one tenth (191.1) feet parallel with the westerly line of the Southwest Quarter (SW ~), said Section Fourteen (14), a distance of one thousand three hundred thirty six and sixty one hundredths (1,336.61) feet; thence easterly, parallel with the southerly line of the Southwest Quarter (SW ~), said Section Fourteen (14), a distance of sixty eight and nine tenths (68.9) feet; thence southerly, parallel with the westerly line of the Southwest Quarter (SW ~), said Section Fourteen (14), a distance of one hundred seventy (170.0) feet; thence easterly, parallel with the southerly line of the Southwest Quarter (SW ~), said Section Fourteen (14), a distance of twenty six and eighty seven hundredths (26.87) feet; thence southerly, parallel with the westerly line of the Southwest Quarter (SW ~), said Section Fourteen (14), a distance of forty three and three tenths (43.3) feet; thence easterly, parallel with the southerly line of the Southwest Quarter (SW ~), said Section Fourteen (14), a distance of seventy three and sixty three hundredths (73.63) feet; thence southerly, parallel with the westerly line of the Southwest Quarter (SW ~), said Section Fourteen (14), a distance of two hundred twenty four and one tenth (224.1) feet to a point on the southerly right-of-way line of Bismark Road; thence westerly, along the southerly right-of-way line of said Bismark Road, a distance of three hundred thirty and five tenths (330.5) feet; thence southerly, along the easterly right-of-way line of said Stuhr Road, a distance of one hundred fifteen (115.0) feet; thence easterly, along a jog in the right-of-way of said Stuhr Road, a distance of Seven (7.0) feet; thence southerly, along the easterly right-of-way of said Stuhr Road, a distance of seventy (70.0) feet; thence westerly, along the southerly line of Lot One (1), Valley View Second Subdivision and its extension, a distance oftwo hundred forty one and eight tenths (241.8) feet; thence northerly, parallel with westerly line of said Lot One (1), Valley View Second Subdivision, a distance ofthirty five (35.0) feet; thence easterly, parallel with the northerly right-of-way line of said Bismark Road a distance of eight hundred thirteen and five tenths (813.5) feet to the southwest Approved as to Form T ~ March 5, 1999 - 2 - . City Attorney I I I ORDINANCE NO. 8449 (Cont.) comer of Lot Seven (7), Block Two (2),Valley View Subdivision; thence northerly along the westerly line of said Lot Seven (7), Block Two (2), Valley View Subdivision, a distance of one hundred fifty (150.0) feet to a point on the southerly right-of-way line of said Bismark Road, said point also being the northwest comer of said Lot Seven (7), Block Two (2), Valley View Subdivision; thence westerly, along the southerly right-of-way line of said Bismark Road, a distance of ninety five (95.0) feet to the northwest comer of Lot Eight (8), Block Two (2), Valley View Subdivision; thence northerly a distance of seventy five and sixty three hundredths (75.63) feet to the southwest comer of Lot One (1), Superbowl Subdivision, said point being the intersection of the easterly right-of-way line of Cherry Street and the northerly right-of-way line of said Bismark Road; thence easterly, along the northerly right-of-way line of said Bismark Road, a distance of six hundred sixty and ninety six hundredths (660.96) feet to the southwest comer of Lot Two (2), Bohnart Subdivision; thence northerly, along the westerly line of said Lot Two (2), Bohnart Subdivision; a distance oftwo hundred twenty (220.0) feet; thence easterly, parallel with the southerly line of said Lot Two (2), Bohnart Subdivision, a distance of two hundred (200.0) feet to a point on the westerly line of Lot One (1), Bohnart Subdivision; thence northerly along the westerly line of said Lot One (1), Bohnart Subdivision, a distance of seven hundred ten (710.0) feet to the northwest comer of said Lot One (1), Bohnart Subdivision; thence continuing northerly and two hundred sixty (260.0) feet parallel with the westerly line of the Southwest Quarter (SW 14), said Section Fourteen (14), a distance of one thousand six hundred sixty three and fifty eight hundredths (1,663.58) feet to a point on the northerly line of Lot Forty Five (45), Industrial Addition; thence easterly, along the northerly line of said Lot Forty Five (45), Industrial Addition and its extension a distance of two hundred sixty (260.0) feet to the point of beginning. Such district is shown on the attached plat dated February 16, 1999, attached hereto and incorporated herein by reference. SECTION 3. Said improvement shall be made in accordance with plans and specifications prepared by the Engineer for the City, who shall estimate the cost thereof. Bids for the construction of said water main shall be taken and contracts entered into in the manner provided by law. SECTION 4. The cost of construction of such water main connection district shall be reported to the City Council, and the Council, sitting as a Board of Equalization, shall determine benefits to abutting property by reason of such improvement pursuant to Section 16-6,103, R.R.S. - 3 - Approved as to Form . ~ March 5, 1999 City Attorney I ORDINANCE NO. 8449 (Cant.) 1943. The special benefits shall not be levied as special assessments but shall be certified by resolution ofthe City Council to the Hall County Register of Deeds. A connection fee in the amount ofthe special benefit accruing to each property in the district shall be paid to the City of Grand Island at such time as such property becomes connected to the water main in such district. No property thus benefitted by water main improvements shall be connected to the water main until the connection fee is paid. The connection fees collected sh~ll be paid either into the Water Surplus Fund or into a fund to be designated as the fund for Water Main District No. 430T for the purpose of creating a sinking fund for the payment of bonds. Payment of the cost of construction of Water Main District No. 430T may be made by warrants drawn upon the Water Surplus Fund. SECTION 5. This ordinance shall be in force and take effect from and after its I passage, approval, and publication, without the plat, within fifteen days in one issue of the Grand Island Independent. Enacted March 8, 1999. V!/______. I - 4 - Approved as to Form T .~ March 5. 1999 . 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I \ ----" 4. ---- Ul~\ ,I \ \ ...........- .D ---- \ \ \ ---. --- . . ,0\ \ '00:- - '260' \ \. \' \ ! ~ \' i9i.' \ ".\ 99 ------ \ . \ I'I \ "" ~ ~~3\ 330 -----.-!--~- --~--.--'\T \ \ \ \ "~\ "';\~\'':l ~\a\~ \~,i"f .,- \ \ \ ~ \ II ~ ri>rz't, ~. ~\\ ... ___-zfo-r-- \ I"L>~ \ "'"-II \&'>,\ \~\ \ ';:u \ \&\ \CJ:';l\ ~ ',\ \ \ \ 67 45 330' --- ------..... 79 .~ !'i <.0 <.0, .- V4A1'Ell MA,N O\S1'lllC1' 4301' 80UNOAR'1 :{t\lbe lbe S '\ S~\ ' \ \....9 ~ J:>.~ ~ \ be.... s't..c,\\O '", ~ LOi i ~ \ ~~ \ o~ ' \~, 0 i'" .- I l- I \'9, LOi '2. \'" \ \ \ \ \ \ LOi , S\J?(R BO'NL c1't'i o? iIiiii ~~J.E ~s DE'P~ pUS 'to :\CCOlJ ORDl~ANC'E NO. QRN B'f'. \\.J.M. SCAL'C. GAIt.: 2 '\ 6 99 f\lE:. I . This space reserved for Register of Deeds. ORDINANCE NO. 8450 An ordinance creating Water Main District No. 431 T in the City of Grand Island, I Hall County, Nebraska; defming the boundaries of the district; providing for the laying of water mains in said district; providing for plans and specifications and securing bids; providing for the connection fee for connecting to such water main; providing for certification to the Register of Deeds; and providing the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Water Main District No. 431 T in the City of Grand IsI~md, Nebraska, is hereby created for the laying of sixteen (16) inch and twelve (12) inch diameter water mains with its appurtenances in Engleman Road from Husker Highway to U.S. Highway 30, and Husker Highway, from Engleman Road to the Westroads Estates Subdivision in Grand Island, Hall County, I Nebraska. SECTION 2. The water mam district shall be located m Approved as to Form . t:(flf" March 5, 1999 . City Attorney I I I ORDINANCE NO. 8450 (Cont.) part of the Southeast Quarter (SE~) of Section Twenty Seven (27), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., and a part ofthe Southwest Quarter (SW~) of Section Twenty Six (26), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., and a part of the Northeast Quarter (NE~) of Section Thirty Four (34), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., and a part of the Northwest Quarter (NW~) of Section Thirty Five (35), Township Eleven (11) North, Range Ten (10) West ofthe 6th PM., all in City of Grand Island, Hall County, Nebraska. The boundaries of such water main connection district shall be more particularly described as follows: Beginning at the Southeast comer of the Southwest Quarter (SW ~) of Section Twenty Six (26), Township Eleven (11) North, Range Ten (10) West; thence southerly a distance of one hundred sixty (160.0) feet to the southwest comer of Lot One (1) Block One (1) Westroads Estates; thence westerly parallel with the southerly line of the Southwest Quarter (SW 14), said Section Twenty Six (26), a distance of two thousand eight hundred twelve and seven tenths (2,812.7) feet; thence northerly parallel with the westerly line ofthe Southwest Quarter (SW ~), said Section Twenty Six (26), a distance of one thousand five hundred eighty seven and thirty six hundredths (1,587.36) feet to a point on the southerly right-of-way line ofthe Union Pacific Railroad; thence northeasterly along the southerly right-of-way line of said Union Pacific Railroad, a distance of one hundred eighty seven and forty three hundredths (187.43) feet to the intersection of the southerly right-of-way of the said Union Pacific Railroad and the westerly right-of-way line of Engleman Road; thence northerly, a distance of four hundred sixty eight and forty one hundredths (468.41) feet, to the intersection of the westerly right-of-way line of said Engleman Road and the northerly right-of-way line of the said Union Pacific Railroad; thence northeasterly along the northerly right-of-way line ofthe said Union Pacific Railroad to the intersection of the northerly right-of-way line of the said Union Pacific Railroad and the easterly right-of-way line of said Engleman Road; thence southerly, a distance of four hundred sixty eight and forty one hundredths (468.41) feet, to the intersection ofthe easterly right-of-way line of said Engleman Road and the southerly right-of-way line of the said Union Pacific Railroad; thence northeasterly, along the southerly right-of-way line of the said Union Pacific Railroad, a distance of one hundred eighty seven and forty three hundredths (187.43) feet; thence southerly parallel with the westerly line ofthe Southwest Quarter (SW ~), said Section Twenty Six (26), a distance of one thousand four hundred sixty two and seventy four hundredths (1,462.74) feet; thence easterly parallel with the southerly line of the - 2 - Approved as to Form . ~ March 5, 1999 . City Attorney I I I ORDINANCE NO. 8450 (Cont.) Southwest Quarter (SW 'l4), said Section Twenty Six (26), a distance of two thousand two hundred twenty eight and fifty two hundredths (2,228.52) feet to the northwest comer of Lot Three (3), Indianhead Third Subdivision: thence southerly along the westerly line of said Lot Three (3), Indianhead Third Subdivision, a distance of one hundred twenty (120.0) feet to a point on the northerly right-of-way line of Husker Highway, also being the southwest comer of said Lot Three (3), Indianhead Third Subdivision; thence easterly along the northerly right-of-way line of said Husker Highway, a distance of two hundred thirty one and two tenths (231.2) feet to a point on the easterly line of the Southwest Quarter (SW 'l4) said Section Twenty Six (26); thence southerly along the easterly line of the Southwest Quarter (SW 'l4), said Section Twenty Six (26), a distance of forty (40.0) feet to the point of beginning. Such district is shown on the attached plat dated February 15, 1999, attached hereto and incorporated herein by reference SECTION 3. Said improvement shall be made in accordance with plans and specifications prepared by the Engineer for the City, who shall estimate the cost thereof. Bids for the construction of said water main shall be taken and contracts entered into in the manner provided by law. SECTION 4. The cost of construction of such water main connection district shall be reported to the City Council, and the Council, sitting as a Board of Equalization, shall determine benefits to abutting property by reason of such improvement pursuant to Section 16-6,103, R.R. S. 1943. The special benefits shall not be levied as special assessments but shall be certified by resolution ofthe City Council to the Hall County Register of Deeds. A connection fee in the amount ofthe special benefit accruing to each property in the district shall be paid to the City of Grand Island at such time as such property becomes connected to the water main in such district. No property thus benefitted by water main improvements shall be connected to the water main until the connection fee is paid. The connection fees collected shall be paid either into the Water Surplus Fund or into a fund to be designated as the fund for Water Main District No. 431 T for the purpose of creating a - 3 - Approved as to Form . ~ March 5, 1999 . City Attorney I I I ORDINANCE NO. 8450 (Cont.) sinking fund for the payment of bonds. Payment of the cost of construction of Water Main District No. 431 T may be made by warrants drawn upon the Water Surplus Fund. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, within fifteen days in one issue of the Grand Island Independent. Enacted March 8, 1999. ATTEST: - 4 - Approved as to Form March 5, 1999 . r;Y . City Attorney , v 7 / --------- \ \ 1~~7-"-::::--'---.- ~" ~ .,.,. '/: /,. / :1 ~ '. · 'Cl ,/ / \ '.' ~~ " o~.~ ,0~,"/ 'J ./ /.(;. /' ". ~ o. , ''1<' 7" / C o \:c. \ / ./ %' / .~ I" \ ~'<..' 'v " ,. _ \ \Cli /r'~ '. 'Yo [\.~/./ / \<. .......... \-<.v........-~'l.~ '.n\ ~ ." ,~. " ,\0\ Ii~ V' / / ,. ~; \1>:\' ,~~ ;(~ / ~~. / i5 \ \ \' ,,../1' / ,,~. //' oiG \ \ \ /-1" ' ~\)\\\' / ./ ~/ / ,~;?: ~<o' /~ \J _ ,00.... ~ Y,;'< / /~ .... -~.~<..,. ~Oy';f(~~ V )~<..,. . " ~"j ,~\' //1 // ~S \/ SSC\\O '2-1'\\ !(.r- I '00' ~...:--- s'{4 \ / b. \ 0 '2-fO,\\' SSC\\O~ . \. \ \\\ \ \ ~ \ \, 'I \ . . ~\'~ ~\ \, \ w "'\ \ \ '5 \ 0\ \ Z \~\ 9 ,......\ r-: \~\ B '"i!!f,\ \II \~\ ~\ \~\.~ :Zl,~ \~\.;. \ " \ \ \. ---. \ \ \ .\'~ ~\ \' 1>' li\ ~ ~ \ . ,. 'JND=_'D /" : : \ 1116.51' ~r- ,:: ' ~\ ~ , . \ ",.,. r ,} ~~' ~CC1\ON UNc ~ \-------lfY------- ---~ :> ~ _-.-----x:. ,. n. ,. .....--" ~ ...---___---a'f.!Js<<=> _---- _,,"-r"~- >J.1.-n_"''''-''''''''''-'' -r"~.!<!~ ,,~,... s< COR. .. ,t' ' ~"'~__-~ \ ,,01\0" 26.,:-,0 ~ ': ~ . \2,8' 2.7' \ ~ \\/A ~ \ ...\,\0 "1;)~' \ S~C\\O~ \ i INOIAN'rIQ.O GOU COURSE . , ~ \ \ ..... r- ~ .... ..... V4A'TER MAlN OlS'TRlC'T 431"1' 60UNOAR't '<0 "., ~ \0. ..... '0 . <0 ..... ~ , \ ~ \ \ \-- \ l- i S \fA ~S~C\\O~ \,\0 "1;) A' \ ~~~ V'1'lLl'1'lES DEI' A.F.'1'~; pv:r '1'0 t\CCOM.P ORDINA.NGE #B4 I I I I . This Space Reserved for Register of Deeds. ORDINANCE NO. 8451 An ordinance to create Street Improvement District No. 1221; to define the boundaries of the district; to provide for the improvement of streets within the district by paving, curbing, guttering, storm drainage, and other incidential work in connection therewith; to provide for the filing of this ordinance with the Hall County Register of Deeds; and to provide the publication and effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 1221 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at a point One Hundred (100.0) feet east of the northwest comer of Section Twenty Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6th P.M.; thence west on the north line of Sections Twenty Seven (27) and Twenty Eight (28) a distance of Two Hundred (200.0) feet to a point One Hundred (100.0) feet west of the northeast comer of Section Twenty Eight (28), Township Eleven (11) North, Range Nine (9) West; thence south One Hundred (100.0) feet west of and parallel to the east line of said Section Twenty Eight (28) to the north line of Woodland Drive; thence west on the north line of Woodland Approved as to Form T ~ March 5, 1999 ... City Attorney I I I ORDINANCE NO. 8451 (Cont.) Drive for a distance of One Hundred (100.0) feet; thence south on a line Two Hundred (200.0) feet west of and parallel to the east line of Section Twenty Eight (28) to the south line of Section Twenty Eight (28); thence east on the south line of Sections Twenty Eight (28) and Twenty Seven (27), for a distance of Four Hundred (400.0) feet to a point Two Hundred (200.0) feet east of the southwest corner of Section Twenty Seven (27), Township Eleven (11) North, Range Nine (9) West; thence north on a line Two Hundred (200.0) feet east of and parallel to the west line of Section Twenty Seven (27) to the north line of the Southwest Quarter of the Southwest Quarter (SW'i4 SW'i4) of Section Twenty Seven (27), Township Eleven (11) North, Range Nine (9) West; thence west on the north line of the Southwest Quarter of the Southwest Quarter (SW'i4 SW'i4) a distance of One Hundred (100.0) feet; thence north on a line One Hundred (100.0) feet east of and parallel to the west line of Section Twenty Seven (27) to the north line of Section Twenty Seven (27) being the point of beginning, all as shown on the plat dated February 12, 1999, attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 3. The following street in the district shall be improved by paving and other incidental work in connection therewith: South Locust Street from Stolley Park Road to U.S. Highway 34, in the City of Grand Island, Hall County, Nebraska Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the City of Grand Island and approved by the Mayor and City Council. SECTION 4. All street improvements shall be made at public cost. The cost of the construction of sidewalks installed in accordance with the City of Grand Island Sidewalk Policy shall be assessed upon the lots and lands in the district specially benefited thereby as provided by law. SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. - 2 - Approved as to Form T ~ March 5,1999 ... lty Attorney I I I ORDINANCE NO. 8451 (Cont.) SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, as provided by law. SECTION 7. After passage, approval and publication of this ordinance, without the plat, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted: March 8, 1999. Attest: Larry ") 0'vL-/ - 3 - Approved as to Form T ~ March 5,1999 A City Attorney I 1.~ h, _<tV ~. ~. 0<<7' O~ <:i <:i ~ ~2 3 4 J ~. ~(l ~ P ARK ROAD ~ " - NORTH LINE i~,~ " " POINT OF BEGINNING ".;f" 2 STOL EY $" # A~ o #'r- ~ (3 ~d? ~o;1 ~v HOLCOMB ST. - 12 -~" - ~U' ~O 13 - I - PART N.E 14, 1 N.E.1/4 ~ I- SECTION 11-9 - W W ~ 14 I- - U1 - 15 - ~k2 ~. - WYANDOTTE ST. - - - - - - - - ~ I - w W -l U - i= z <( ~ :r: u - - MA TCH LINE m 17l, I ~#'r- I ,... ~.., '" 18 z $2 0 F () ~. w (/) '3" ... 0 19 w z ::; f- (/) 20 ~ ,<,? ~(F 21 22 23 101' ~. <; 24 STREET IMPROVEMENT DIS1RICI' 1221 - _-----WEST LINE OF SECTION 22-11-9 OF SECTION 27-11-9 f-- ~' ~':' +. ~.f ,,'" (\:-. i?-'" &,0 ,,'<' ~8' ~ ...:1:' ~. +. 2 &~ 4J - 1 ~. <; ~8' 5 4 Aflv iY 3 2 ~ 2 - 1 - 1 ~. ~. <; <:i WEDGEWOOD DRIVE 28 27 26 25 24 ~ 23 22 A> 1".6' ~~ ~ 567 ~ ~" 1 2 0""3 ~ 3ROOKLlNE DRIVE ~G ~' 2 EXHIBIT" A" ,,<; . ~ I CITY OF GRAND ISLAND , NEBR. ENGINEERING DEPARTMENT I PLAT TO ACCOMPANY ORDINANCE . NO. 8451 I SCALE 1 "=200' L.D.C. 2/12/99 ~ 2 SHEET 1 OF 3 I I I I- ",,$0 - W w 0.s9 24 n:: _10 ':.. "- lOa:' I- - V) ~ MA TCH LINE ~<, - $~ n:: 25 - W ~.;. W ~ 25 ...J <$>0 ~ - I- 26 ~. Z @ r co <I: - :r: ~Q~7 ~. U "t- ..;'" co ~':> ~. '" STAGECOACH RD. <,' -t i; - f ~'#O "t ~. <,; 2 >. ff>~ &'Y$' 'r>~ 1 .:i' ,1- ~ <,0 1 I ....- ~. co - l- I 4~ ~/ ~ 2 - 00 8 .:i' &# ~' co <$ :/ 2 ~O'Y ~O+ 1 ~ /1 ~. ~. co MIDARO DR. 6 V) 10- :J 5 E - '" J.. .. r-- (\j 4 z Cl "t- ;:: u ~. w ~. Vl <tf #' l.L Cl ..;'" w ~':> z '" ::; O~ 3 15 4'& ~ I -t 4' ~. <,' co 2 .JOO 00' _ 1- - I MA TCH LINE - - 5 - - I " E X H I BIT II A II CITY OF GRAND ISLAND , NEBR. ENGINEERING DEPARTMENT PLAT TO ACCOMPANY ORDINANCE NO. 8451 SHEET 2 OF 3 I SCALE 1'=200' L.D.C. 2/12/99 STREET IMPROVEMENT DISTRICT 1221 I MATCH LINE ~ WOODLAND DR. o <{ o a::: 8 00 ~ 't- ~I \~ I U X W 9 <{ o <{ :2: <{ a::: 10 Ol I 'I r-- N I 11 ~. C:) I t- :J o (/) 200' ---t-- HUSKER HI ...;~ ~' ~' </,.f ",'" ro." '" O~ 4'0: "to t?~ ~ G9 ~ T 1 ~. C:) 200' HIGHWAY NO.34 SOUTH LINE OF SECTION 27-11-9 ....to ....to ~'9' ~' </,.f I ~ </,.f l' ",'" ",'" ~.... "y.... '" o~ r Jf Ol I ~~ 'I I '" I") z 0 EXHIBIT" A" F (J w V) "- 0 w z CITY OF GRAND ISLAND . NEBR. :J ENGINEERING DEPARTMENT l- V) ~ PLAT TO ACCOMPANY ORDINANCE NO. 8451 STREET IMPROVEMENT DISTRICT 1221 SHEET 3 OF 3 SCALE 1"=200' L.D.C. 2/12/99 I I I ORDINANCE NO. 8452 An ordinance establishing a business improvement district; establishing the purpose of such district; describing the boundaries of such district; establishing that real property in the area will be subject to a special assessment; establishing a method of assessment; providing for a penalty for failure to pay the special assessment; repealing ordinances in conflict herewith; providing for severability; and providing for publication and the effective date of this ordinance. WHEREAS, the City Council adopted Resolution 99-53 on February 8, 1999, which was published on February 15, 1999 in the Grand Island Independent establishing the intention to create a business improvement district; and WHEREAS, pursuant to said resolution, a notice of hearing was published and mailed as required by law, and public hearing duly held at 7:00 p.m. on March 8, 1999, in the Council Chambers at City Hall, 100 East First Street, Grand Island, Nebraska, concerning the formation of such district; and WHEREAS, the proposed business improvement district is located within the boundaries of an established area of the City zoned for business, public, or commercial purposes; and WHEREAS, the City Council now finds and determines that a business improvement district should be created in accordance with the proposal contained in said resolution of February 8, 1999. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: Approved as to Form T qe- March 5, 1999 ... City Attorney I I I ORDINANCE NO. 8452 (Cont.) SECTION 1. There is hereby created and established a business improvement district pursuant to Chapter 19, Article 40, Revised Statutes of Nebraska, 1943, as amended, to be known as Business Improvement District No.3 of the City of Grand Island, Nebraska. SECTION 2. The purpose, public improvements and facilities to be included in said district shall be: (A) Improvement of any public place or facility in the district area, including landscaping, physical improvements for decoration or security purposes, and plantings and maintenance, repair, and reconstruction of any improvements or facilities authorized by the Business Improvement District Act, including, but not limited to, maintenance and improvement of the landscaped greenway; maintenance, repair, improvement and replacement of the sprinkler system in the greenway; regular mowing and trimming of the greenway; all facets of the purchase, care and replacement of trees, shrubs and grass and other decorative improvements; snow removal from the sidewalks parallel to S. Locust; purchase of equipment, materials, supplies or other expenses to accomplish the purposes of the district, and other incidental or ongoing expense as needed for the maintenance, improvement and beautification of the green belt area. (B) Employing or contracting for personnel, including administrators for any improvement program under the act, and providing for any service as may be necessary or proper to carry out the purposes of the act, including, but not limited to, employment of or contracting for personnel to accomplish the purposes of the district and to accomplish the goals and objectives of the Business Improvement Board of the district. SECTION 3. The outer boundaries of Business Improvement District No.3 are described as follows: Beginning at a point One Hundred (100.0) feet east of the northwest comer of Section Twenty Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6th P.M.; thence west on the north line of Sections Twenty Seven (27) and Twenty Eight (28) a distance of Two Hundred (200.0) feet to a point One Hundred (100.0) feet west of the northeast comer of Section Twenty Eight (28), Township Eleven (11) North, Range Nine (9) West; thence south One Hundred (100.0) feet west of and parallel to the east line of said Section Twenty Eight (28) to the north line of Woodland Drive; thence west on the north line of Woodland Drive for a distance of One Hundred (100.0) feet; thence south on a line Two Hundred (200.0) feet west of and parallel to the east line of Section Twenty Eight - 2 - Approved as to Form T ~ March 5,1999 ... City Attorney I I I ORDINANCE NO. 8452 (Cont.) (28) to the south line of Section Twenty Eight (28); thence east on the south line of Sections Twenty Eight (28) and Twenty Seven (27), for a distance of Four Hundred (400.0) feet to a point Two Hundred (200.0) feet east of the southwest comer of Section Twenty Seven (27), Township Eleven (11) North, Range Nine (9) West; thence north on a line Two Hundred (200.0) feet east of and parallel to the west line of Section Twenty Seven (27) to the north line of the Southwest Quarter of the Southwest Quarter (SW'i4 SW'i4) of Section Twenty Seven (27), Township Eleven (11) North, Range Nine (9) West; thence west on the north line of the Southwest Quarter of the Southwest Quarter (SW'i4 SW'i4) a distance of One Hundred (100.0) feet; thence north on a line One Hundred (100.0) feet east of and parallel to the west line of Section Twenty Seven (27) to the north line of Section Twenty Seven (27) being the Point of Beginning. SECTION 4. The real property located within the boundaries of Business Improvement District No.3 shall be subject to special assessment as authorized by Chapter 19, Article 40, Sections 19-4015 through 19-4038, Revised Statutes of Nebraska, 1943, as amended, also known as the Business Improvement District Act. SECTION 5. The method of assessment to be imposed within said district shall be as follows: (A) On or before the first day of July in each year, except the initial creating year, a proposed budget shall be prepared for Business Improvement District #3 for the ensuing fiscal year to commence on the first day of October and end on the following last day of September. (B) Said proposed budget shall be considered by the city council during open session at the second regularly scheduled city council meeting in July. Following such consideration, a proposed assessment schedule shall be prepared. (C) The amount of the special assessment for each property shall be calculated in accordance with the following formula: . The front footage of the individual real property adjacent to S. Locust Street within the district divided by total front footage of all assessable property in the district times the total special assessment equals individual special assessment. . The record owners of the front footages to be used in the above formula shall be the owners, as shown in the office of the Hall County Register of Deeds, in effect on the first day of January of the current year. - 3 - Approved as to Form " cq- March 5,1999 ... City Attorney I I I ORDINANCE NO. 8452 (Cont.) (D) Notice of the proposed assessment shall be published as required by NE. Rev. Statutes Section 19-4030, as amended. (E) The city council, sitting as a Board of Equalization, shall levy the special assessments on all properties at one time, in accordance with the method of assessment provided above. If the city council finds that the proposed method of assessment does not provide a fair and equitable method of apportioning costs, then it may assess the costs under such method as the city council finds to be fair and equitable. (F) Said assessments shall be payable in one installment to become delinquent fifty (50) days after the date of such levy. Delinquent payments shall draw interest at the rate specified in the NE. Rev. Statutes Section 45-104.01, as amended. All special assessments shall be liens upon the property assessed. SECTION 6. In the event requests to disestablish this business improvement district are made and filed with the city clerk within any (30) day period by record owners of over fifty percent (50%) of the assessable units in the district, as shown in the office of the Hall County Register of Deeds on the first day of January of the current year, the city council may disestablish the district by ordinance after a hearing before the city council. The city council shall adopt a resolution of intention to disestablish the area at least fifteen days prior to the hearing. The resolution shall give the time and place of the hearing. After hearing, the city council may disestablish the district as provided in the Business Improvement District Act. SECTION 7. Any ordinance or ordinances in conflict herewith, be and hereby are, repealed. SECTION 8. If any section, subsection, sentence, phrase, or clause, of this ordinance is, for any reason, held to be unconstitutional or invalid, such holding shall not affect the validity of the remaining portions of this ordinance. - 4- Approved as to Form" ~ March 5, 1999 ... City Attorney I I I ORDINANCE NO. 8452 (Cont.) SECTION. 9. This ordinance shall be in force and take effect from and after its passage, approval and publication, in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: March 8, 1999. Larry Attest: - 5 - Approved as to Form T c;4TS March 5, 1999 ... CIty Attorney I I I ORDINANCE NO. 8453 An ordinance to amend Chapter 22 of the Grand Island City Code; to amend Sections 22-106 and 22-107 pertaining to impoundment fees; to repeal Sections 22-106 and 22- 107 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 22-106 of the Grand Island City Code is hereby amended to read as follows: ~22-106. Impounding of Vehicles Generally (1) Whenever any vehicle is found by a police officer parked, abandoned, or left standing in the streets or alleys of the City in violation of the provisions of this chapter, such police officer may remove and convey such vehicle, or cause such vehicle to be removed and conveyed by means of towing or otherwise, to the automobile pound. A police tag shall be attached to such impounded vehicle indicating that such vehicle has been impounded, and directing the owner or operator to appear at the police department. No impounded vehicle shall be discharged or removed from impoundment prior to the public sale provided for in S22-108 except by the payment by the owner, operator, or driver of such impounded vehicle, of an impounding fee as set forth in the User Fee Schedule approved and adopted by the City Council, plus any towing and storage charge assessed against such automobile as provided for in S22-l 07. (2) When, and if, the owner, operator, or custodian of such automobile presents himself at the police department in response to the impoundment notice, it shall be the duty of the officer in charge to inform such person of the nature of the violation for which such vehicle was impounded. In case the owuer, driver, or custodian of any impounded vehicle executes an affidavit denying the facts upon which the impoundment has been based, and protesting the payment of such impounding, towing, and storage fees, the receipt for the same shall be marked, "Paid Under Protest," and in such case it shall become the duty of the chief of police to make complaint in conformity with the provisions of this Code, or other ordinances of the City. If such person is found not guilty by the court upon such charges, it shall be the duty of the chief of police to refund to such person the fees so paid under protest. (3) Neither the owuer, lessee, nor occupant of the premises from which any abandoned vehicle shall be removed, nor the City of Grand Island shall be liable for any loss or damage to such vehicle which occurs during its removal or while in the possession of the City or its contractual agent, or as a result of any subsequent disposition. (4) It shall be the duty of the chief of police to account for any fees collected by him under the provisions of this section to the city treasurer, who shall place the same in the police fund. The chief of police shall also keep a record of the name of the owuer of each impounded vehicle, the registration plate numbers, if any, and the make and model year, of each impounded vehicle, as well as the nature of each violation involved and the ultimate disposition of each impoundment. SECTION 2. Section 22-107 of the Grand Island City Code is hereby amended to read as follows: Approved as to Form T ~ February 18, 1999 ... City torney I I I ORDINANCE NO. 8453 (Cont.) ~22-107. Towing and Storage Charges (1) In addition to the impoundment fee established by S22-106, there shall be assessed against each impounded vehicle, the actual towing charge for said vehicle, plus storage charges as set forth in the User Fee Schedule approved and adopted by the City Council during the period of impoundment. (2) The chief of police is authorized to negotiate with one or more towing services and thereby establish the actual towing charges for each vehicle towed, based upon the type of vehicle, the condition of the vehicle, the weather conditions, and any other factor affecting the cost of such towing, including the availability of a towing serVIce. SECTION 3. Section 22-106 and 22-107 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: March 8, 1999. La Attest: - 2 - Approved as to Form,. ~~ March 9, 1999 ... City ttomey I I I ORDINANCE NO. 8454 An ordinance to assess and levy a special tax to pay the cost of construction of Sidewalk District No.1, 1998 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said Sidewalk District No.1, 1998, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon the lots, tracts, and lands as follows: Name Burlington Northern Railroad Description Assessment Lot 6 and Fractional Lot 7, Block 33, Russell Wheeler 4,957.07 Addition AND Burlington Northern Railroad Lot 5, Nabob Subdivision Lot 5, Block 25, Original Town in Section 15-11-9 in the City of Grand Island, Hall County, Nebraska AND Lot 4, Block 48, Original Town in Section 15-11-9 in the City of Grand Island, Hall County, Nebraska Lot 16, Jamson Subdivision Lot 127 and the North 24' of Lot 128, Hawthorne Place Lot 140, Belmont Addition Lot 16, Block 1, Brentwood 2nd Subdivision Part of SWv., NEV. of Section 20-11-9; being 80' south of the south line of Lot 13, Block 14, Ashton Place Subdivision Lot 1, Park Gardens 2nd Subdivision Lot 5, Park Gardens 2nd Subdivision Lot 1, Weinert Subdivision 2,181.33 2,164.39 354.23 4,153.63 William 1. & Ina M. Haney Rosalene 1. Huffman D & D Investments Joseph 1. & Janet R. Vavricek Union Pacific Railroad 242.91 818.87 605.91 973.75 780.15 Maylon 1. & Karen Hanson Alice Clark Melvin B. & Verla E. Wichman Approved as to Form,. CdJ/ March 5, 1999 ... City Attorney I I I ORDINANCE NO. 8454 (Cont.) TOTAL 17,232.24 SECTION 2. The special tax shall become delinquent as follows: One-seventh of the total amount shall become delinquent in ten days after the date of this levy; one-seventh in one year; one seventh in two years; one-seventh in three years; one-seventh in four years; one- seventh in five years; and one-seventh in six years. Each of said installments, except the first, shall draw interest at the rate of seven percent per annum from the time of such levy until they shall become delinquent. After the same becomes delinquent, interest at the rate of fourteen percent per annum shall be paid thereon until the same is collected and paid. SECTION 3. The City Treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Sidewalk District Assessment Fund" for Sidewalk District No.1, 1998. SECTION 5. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: March 8, 1999. Cindy K. - 2 - I I I ORDINANCE NO. 8455 An ordinance to amend Chapter 36 of the Grand Island City Code; to amend Sections 36-13 and 36-14 pertaining to zoning regulations for veterinary clinics and animal hospitals; to repeal Sections 36-13 and 36-14 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 36-13 of the Grand Island City Code is hereby amended to read as follows: ~36-13. AG - Agricultural Zone Purpose: To preserve lands for agricultural uses from premature and scattered urban development in areas not served by pubic utilities and thereby encourage urban development within and contiguous to existing urban areas. (A) Permitted Principal Uses: (1) Agriculture uses excluding stock or feed yards and accessory uses (2) Dwelling units (3) Raising of field crops and horticulture (4) Country clubs as defined herein (5) Recreational camps, public parks, and recreational areas (6) Greenhouses and the raising of trees and nursery stock (7) Utility substations necessary to the functioning of the utility (but not including general business offices, maintenance facilities) when located according to the yard space rules set forth in this section for dwellings and having a ten-foot landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties. Installation shall not be subject to minimum area or width regulations. (8) Railway right-of-way, but not including railway yards or facilities. (B) Permitted Accessory Uses: (1) Living quarters for persons regularly employed on the premises but not including labor camps or dwellings for transient labor. (2) Guest building (3) Customary home occupations (4) Buildings, corrals, stables or pens in conjunction with the permitted uses. (5) Buildings for the display and sale of products grown or raised on the premises, provided, the floor area does not exceed 500 square feet. (6) Offices incidental to and necessary for a permitted use. (7) Other buildings and uses accessory to the permitted principal uses. (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, III accordance with the procedures set forth in Article VIII and X of this chapter. (1) Quarters for transient labor (2) Cemeteries, memorial parks, crematories, mausoleums, and columbariums (3) Commercial mines, quarries, sand and gravel pits, and accessory uses Approved as to Form T ~ March 9, 1999 ... City ttorney I I I ORDINANCE NO. 8455 (Cont.) (4) Public and quasi-public buildings and uses of an administrative, educational, religious, cultural or public service facility, but not including hospitals, sanitoriums or corrective institutions (5) Riding academies (6) Stock or feed yards and accessory uses (7) A manufactured home on a permanent foundation on property located outside the corporate boundary of the City of Grand Island; provided, (1) the applicant demonstrates that compliance with the Zoning Ordinance will cause hardship or cannot be achieved without excessive expense; and (2) that the applicant has complied with all other relevant sections of the Grand Island City Code; and (3) the applicant has not willfully and intentionally sought to circumvent or avoid compliance with the Grand Island Zoning Ordinance. This section shall apply only to noncomplying uses arising on or after January 1, 1987. (8) Towers (9) Veterinary clinics and animal hospitals (D) Space Limitations (1) Minimum lot area per dwelling unit: 871,200 sq. ft. (20 acres) (2) Minimum lot width: 100 feet (3) Maximum height of building: 35 feet (4) Minimum front yard: 35 feet (5) Minimum rear yard: 35 feet (6) Minimum side yard: 20 feet; a comer lot shall have a setback of 35 feet adjacent to both frontages (7) Maximum ground coverage: 10% (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein. (3) Any person or persons who: (a) Own a tract of 80 acres or more may sell one tract of less than twenty acres per 80 acres for a dwelling unit, provided, such sale has not been previously exercised on the large tract; and/or (b) Own an existing dwelling unit that is ten years old or more may sell a tract containing such dwelling; provided, the following space limitations are complied with: Minimum lot - 20,000 square feet Minimum lot width - 100 feet Maximum height of building - 35 feet Minimum front yard - 30 feet Minimum rear yard - 25 feet Minimum side yard - 15 feet; a comer yard shall have a minimum setback of 30 feet adjacent to both frontages Maximum ground coverage - 25% SECTION 2. Section 36-14 of the Grand Island City Code is hereby amended to read as follows: ~36-14. TA-Transitional Agriculture Zone Purpose: To provide for a transition from rural to urban uses, and is generally located on the fringe of the urban area. This zone permits both farm and non-farm dwellings at a maximum density of two dwelling units per acre, as well as other open space and recreational activities. (A) Permitted Principal Uses: (1) Dwelling units (2) Raising of field crops, and horticulture (3) Country clubs as defined herein (4) Recreational camps, public parks, and recreational areas (5) Greenhouses and the raising of trees and nursery stock - 2 - Approved as to Form" ~ March 9, 1999 ... City Attorney I I I ORDINANCE NO. 8455 (Cont.) (6) Utility substations necessary to the functioning of the utility (but not including general business offices, maintenance facilities) when located according to the yard space rules set forth in this section for dwellings and having a ten foot landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties. Installation shall not be subject to minimum area or width regulations. (7) Railway right-of-way, but not including railway yards or facilities (B)Permitted Accessory Uses: (1) Living quarters for persons regularly employed on the premises but not including labor camps or dwellings for transient labor (2) Guest building (3) Customary home occupations (4) Buildings, corrals, stables or pens in conjunction with the permitted uses (5) Buildings for the display and sale of products grown or raised on the premises, provided, the floor area does not exceed 500 square feet (6) Offices incidental to and necessary for a permitted use (7) Other buildings and uses accessory to the permitted principal uses (C) Permitted Conditional Uses: The following uses, if approved by the city council, in accordance with the procedures set forth in Article VIII and X of this chapter: (1) Quarters for transient labor (2) Cemeteries, memorial parks, crematories, mausoleums, and columbariums (3) Commercial mines, quarries, sand and gravel pits and accessory uses (4) Public and quasi-public buildings and uses of an administrative, educational, religious, cultural, or public service facility, but not including hospitals, sanitoriums or corrective institutions (5) Riding academies (6) Preschools, nursery schools, day care centers, children's homes, and similar facilities (7) Towers (8) Veterinary clinics and animal hospitals (D) Space Limitations: (1) Minimum lot area per dwelling unit: 20,000 square feet (2) Minimum lot width: 100 feet (3) Maximum height of building: 35 feet (4) Minimum front yard: 30 feet (5) Minimum rear yard: 25 feet (6) Minimum side yard: 15 feet; a comer lot shall have a minimum setback of 20 feet adjacent to the side street (7) Maximum ground coverage: 25% (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein SECTION 3. Sections 36-13 and 36-14 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: March 8, 1999. - 3 - Approved as to Form T ~ March 9, 1999 .... City Attorney I I I ORDINANCE NO. 8455 (Cant.) - 4 - Approved as to Form T ~ March 9, 1999 .. City Attorney I I I ORDINANCE NO. 8456 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising all of Lots Six (6) and Seven (7), Woodland Second Subdivision and a part of the East Half of the Southeast Quarter (EYz, SEY4) of Section Twenty Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., City of Grand Island, Hall County, Nebraska, from TA-Transitional Agriculture Zone and B2/ AC-General Business with Arterial Commercial Overlay Zone to RD Residential Development Zone; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on March 3, 1999, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Board of Education of School District No.2 in Hall County, Nebraska; and WHEREAS, after public hearing on March 8, 1999, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The tract of land comprising a part of the East Half of the Southeast Quarter (EYz SEY4) of Section Twenty Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: Beginning at the northwest comer of Lot One (1), Woodland Second Subdivision, said point also being on the west line of said East Half of the Southeast Quarter Approved as to Form T March 8, 1999 A City Attorney I ORDINANCE NO. 8456 (Cont.) (E12 SEY4.); thence running northerly along the west line of said East Half of the Southeast Quarter (E12 SEY4.), a distance of Eight Hundred Fifty Two and Twenty Two Hundredths (852.22) feet; thence deflecting right 89059'02" and running easterly a distance of Seven Hundred Ninety Seven and Eighty Two Hundredths (797.82) feet; thence deflecting right 89059'41" and running southerly a distance of Seven Hundred Fifty Eight and Fifty Four Hundredths (758.54) feet, to a point on the northwesterly right-of-way line of Ramada Road; thence deflecting right 45006'58" and running southwesterly along the northwesterly right-of-way line of Ramada Road, a distance of One Hundred Forty Two and Thirty Seven Hundredths (142.37) feet; thence deflecting right 44037'26" and running westerly a distance of Two Hundred Ninety Seven and Three Tenths (297.30) feet; thence deflecting right 01026'09" and running westerly a distance of Four Hundred and Five Hundredths (400.05) feet, to the point of beginning and containing 15.600 acres more or less; is hereby rezoned and reclassified and changed from TA-Transitional Agriculture Zone to RD- Residential Development Zone. SECTION 2. The tract of land comprising all of Lots Six (6) and Seven (7), I Woodland Second Subdivision in the City of Grand Island, Hall County, Nebraska; said tract containing 1.378 acres more or less, is hereby rezoned and reclassified and changed from B2/AC-General Business with Arterial Commercial Overlay Zone to RD-Residential Development Zone. SECTION 3. The rezoning is conditioned on all development proceeding in conformance with the Master Plan for The Village Subdivision as revised on March 2, 1999 and approved by the City Council. SECTION 4. The Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-7 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. I - 2 - Approved as to Form T March 8, 1999 .... City Attorney I I I ORDINANCE NO. 8456 (Cont.) SECTION 5. That this ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: March 8, 1999. Attest: - 3 - Approved as to Form T March 8, 1999 .6. City Attorney I * This space reserved for Register of Deeds * ORDINANCE NO. 8457 An ordinance to extend the boundaries and include within the corporate limits of, and to annex to the City of Grand Island, Nebraska, a tract of land comprising a part of the I Southwest Quarter of the Southwest Quarter (SWI/4 SWI/4) of Section Thirty Two (32), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., and a part of the Northwest Quarter of the Northwest Quarter (NWl/4 NWI/4) of Section Five (5), Township Ten (10) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, more particularly described herein; to provide service benefits thereto; to confirm zoning classifications; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; 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. It is hereby found and determined that: I (A) A tract of land comprising a part of the Southwest Quarter of the Southwest Quarter (SW'i4 SW'i4) of Section Thirty Two (32), Township Eleven (11) North, Range Nine (9) Approved as to Form T ~ March 5, 1999 A City Attorney ORDINANCE NO. 8457 (Cont.) I West of the 6th P.M., and a part of the Northwest Quarter of the Northwest Quarter (NW'i4 NW'i4) of Section Five (5), Township Ten (10) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, hereinafter more particularly described, is urban and suburban and not agricultural and rural in character, and that the subject property is contiguous and adjacent to the corporate limits of said City. (B) That the subject real estate will receive material benefits and advantages including police, fire, and snow removal benefits due to annexation to the City of Grand Island, Nebraska, and that City water service will be available as provided by law. (C) The various zoning classifications of the subject tract of land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed. (D) There is unity of interest in the use of the said tract of land and streets with I the use of lots and streets in the City, and the community convenience and welfare in the interest of the said City will be enhanced through incorporating the subj ect tract of land and streets within the corporate limits of the City of Grand Island. (E) The plan for extending City services, as adopted by the City Council by the passage and approval of Resolution No. 99-25, be and is hereby approved and ratified. SECTION 2. That the boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract ofland described as follows: I Beginning at a point Thirty Three (33.0) feet north and Forty Eight (48.0) feet east of the southwest comer of Section Thirty Two (32), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., said point being on the east right-of-way line ofD.S. Highways 34 and 281; thence north on the east right-of-way line ofD.S. Highways 34 and 281 to the southwest comer of Lot One (1), Stuhr Museum Subdivision; thence southeasterly along the southerly line of said Lot One (1), a distance of Three Hundred Fifty Three and Seventy Eight Hundredths (353.78) - 2 - Approved as to Form " March 5, 1999 ... City Attorney I I I ORDINANCE NO. 8457 (Cont.) feet; thence deflecting right and continuing in a southeasterly direction along the southerly line of said Lot One (1), a distance of One Hundred Twenty Eight and Thirty One Hundredths (128.31) feet; thence deflecting right and running southeasterly to a point located Five Hundred Seventy (570.0) feet east and Three Hundred Forty Two and Five Tenths (342.8) feet north of the southwest comer of Section Thirty Two (32), Township Eleven (11) North, Range Nine (9) West; thence south parallel to the west line of the Southwest Quarter (SW14) of Section Thirty Two (32) to a point Thirty Three (33.0) feet north of the south line of the Southwest Quarter (SW14) of Section Thirty Two (32); thence east on a line Thirty Three (33.0) feet north of and parallel to the south line of the Southwest Quarter (SW14) of Section Thirty Two (32), to the east line of the Southwest Quarter of the Southwest Quarter (SW14 SW14) of Section Thirty Two (32); thence south to a point being the southeast comer of the Southwest Quarter of the Southwest Quarter (SW14 SW14) of Section Thirty Two (32) and also the northeast comer of the Northwest Quarter of the Northwest Quarter (NW14 NW14) of Section Five (5), Township Ten (10) North, Range Nine (9) West; thence continuing south on the east line of the Northwest Quarter of the Northwest Quarter (NWY4 NW14) of Section Five (5) to the southeast comer of the Northwest Quarter of the Northwest Quarter (NW14 NW14) of Section Five (5); thence west on the south line of the Northwest Quarter of the Northwest Quarter (NW14 NW14) of Section Five (5) to a point Sixty (60.0) feet east of the east right-of-way line of US. Highway 281; thence north on a line Sixty (60.0) feet east of and parallel to the east right-of-way line of US. Highway 281, extending north to the north line of Section Five (5), said point also being on the south line of Section Thirty Two (32), Township Eleven (11) North, Range Nine (9) West; thence continuing north on the prolongation of the last described course, a distance of Thirty Three (33.0) feet; thence running west on a line Thirty Three (33.0) feet north of and parallel to the south line of Section Thirty Two (32) to a point on the east right-of-way line of US. Highways 34 and 281, said point also being the Point of Beginning, as shown on the plat dated November 23, 1998, attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 3. That the aforesaid-described tract of land and streets are hereby annexed to the City of Grand Island, Hall County, Nebraska, and said lands and the businesses thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. That the owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, ways - 3 - Approved as to Form T ~ March 5, 1999 ... City Attorney I I I ORDINANCE NO. 8457 (Cont.) and alleys that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, ways and alleys of such City. SECTION 5. That a certified copy of this Ordinance be filed on record in the office of the Register of Deeds of RaIl County, Nebraska. SECTION 6. Upon taking effect of this Ordinance, the police, fire and snow removal services of said City shall be furnished to the tract of land and as provided by law, in accordance with the plan for extension of city services adopted by Resolution 99-25. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: March 8, 1999. Attest: Cindy K. Johnson, City Clerk This Ordinance was adopted on first reading on March 8, 1999. - 4 - Approved as to Form T ~ March 5, 1999 '" City Attorney I I I ..sx ~. 9.> ':I' ",/ " \~ '!'If " '" STUHR ~ 0';;' MUSEUM ':I.ri;: SUBDIVISION ~ ':10 ~ q,'?' LOT In o '" BRANCH U.P.R.R. "...J w W I U .. (f) (f) :> is rn ::> (f) w > 0::: o ,,\~ ~. 9.> ';;"f:f " ,,\t)<~ ~ .;;.~,O ~ ':10 ~ q,'?' .:3' I 1U1 :0::: l~ I~ '- I~ iU1 ",.... ~.9.> ';;"f:f " \t)<. / "~ <Q ,*,'~ .;;..rJ 0<<' ':10 ~ <('?' 128.31' JU I I I i I \ , I I : EXISTING CITY LIMITS I I I TIMM'S CLEARY SUB. SUBDIVISION ROAD --U.S~-HIGHWAY----NO. ---281--- ',6~ -T - 7- .... ,,0 EXISTING CI1Y LIMITS ,,\ ,,/ <v /" .;;.. " O~ 0';;' ~ <F~ <( '?' C? 1 I PONDEROSA I LAKE ESTATES I FOURTH I SUBDIVISION 'b ; ':1\/' I " ,,'~(o" ~ <v.~ ':I.~{5 ~0<Vv ~ <("?' z EXHIBIT"A" CI1Y OF GRAND ISLAND , NEBR. ENGINEERING DEPARTMENT PLAT TO ACCOMPANY ORDINANCE NO. 8430 SCALE '''=400' l.D.C. "/23/98 I * This space reserved for Register of Deeds * ORDINANCE NO. 8457 An ordinance to extend the boundaries and include within the corporate limits of, and to annex to the City of Grand Island, Nebraska, a tract of land comprising a part of the I Southwest Quarter of the Southwest Quarter (SWI/4 SW1/4) of Section Thirty Two (32), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., and a part of the Northwest Quarter of the Northwest Quarter (NW1I4 NW1I4) of Section Five (5), Township Ten (10) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, more particularly described herein; to provide service benefits thereto; to confirm zoning classifications; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; 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. It is hereby found and determined that: I (A) A tract of land comprising a part of the Southwest Quarter of the Southwest Quarter (SWYi SWYi) of Section Thirty Two (32), Township Eleven (11) North, Range Nine (9) Approved as to Form T ~- March 5, 1999 '" City Attorney ORDINANCE NO. 8457 (Cont.) I West of the 6th P.M., and a part of the Northwest Quarter of the Northwest Quarter (NWYI NWYI) of Section Five (5), Township Ten (10) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, hereinafter more particularly described, is urban and suburban and not agricultural and rural in character, and that the subject property is contiguous and adjacent to the corporate limits of said City. (B) That the subject real estate will receive material benefits and advantages including police, fire, and snow removal benefits due to annexation to the City of Grand Island, Nebraska, and that City water service will be available as provided by law. (C) The various zoning classifications of the subject tract of land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed. (D) There is unity of interest in the use of the said tract of land and streets with I the use of lots and streets in the City, and the community convenience and welfare in the interest of the said City will be enhanced through incorporating the subject tract of land and streets within the corporate limits of the City of Grand Island. (E) The plan for extending City services, as adopted by the City Council by the passage and approval of Resolution No. 99-25, be and is hereby approved and ratified. SECTION 2. That the boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land described as follows: I Beginning at a point Thirty Three (33.0) feet north and Forty Eight (48.0) feet east of the southwest comer of Section Thirty Two (32), Township Eleven (11 ) North, Range Nine (9) West ofthe 6th P.M., said point being on the east right-of-way line of U.S. Highways 34 and 281; thence north on the east right-of-way line of U.S. Highways 34 and 281 to the southwest comer of Lot One (1), Stuhr Museum Subdivision; thence southeasterly along the southerly line of said Lot One (1), a distance of Three Hundred Fifty Three and Seventy Eight Hundredths (353.78) Approved as to Form T ~ March IS, 1999 .. City ttomey - 2 - I I I ORDINANCE NO. 8457 (Cont.) feet; thence deflecting right and continuing in a southeasterly direction along the southerly line of said Lot One (1), a distance of One Hundred Twenty Eight and Thirty One Hundredths (128.31) feet; thence deflecting right and running southeasterly to a point located Five Hundred Seventy (570.0) feet east and Three Hundred Forty Two and Five Tenths (342.8) feet north of the southwest comer of Section Thirty Two (32), Township Eleven (11) North, Range Nine (9) West; thence south parallel to the west line of the Southwest Quarter (SW'i4) of Section Thirty Two (32) to a point Thirty Three (33.0) feet north of the south line of the Southwest Quarter (SW'i4) of Section Thirty Two (32); thence east on a line Thirty Three (33.0) feet north of and parallel to the south line of the Southwest Quarter (SW'i4) of Section Thirty Two (32), to the east line of the Southwest Quarter of the Southwest Quarter (SW'i4 SW'i4) of Section Thirty Two (32); thence south to a point being the southeast comer of the Southwest Quarter of the Southwest Quarter (SW'i4 SW'i4) of Section Thirty Two (32) and also the northeast comer of the Northwest Quarter of the Northwest Quarter (NW'i4 NW'i4) of Section Five (5), Township Ten (10) North, Range Nine (9) West; thence continuing south on the east line of the Northwest Quarter of the Northwest Quarter (NW'i4 NW'i4) of Section Five (5) to the southeast comer of the Northwest Quarter of the Northwest Quarter (NW'i4 NW'i4) of Section Five (5); thence west on the south line of the Northwest Quarter of the Northwest Quarter (NW'i4 NW'i4) of Section Five (5) to a point Sixty (60.0) feet east of the east right-of-way line of US. Highway 281; thence north on a line Sixty (60.0) feet east of and parallel to the east right-of-way line of US. Highway 281, extending north to the north line of Section Five (5), said point also being on the south line of Section Thirty Two (32), Township Eleven (11) North, Range Nine (9) West; thence continuing north on the prolongation of the last described course, a distance of Thirty Three (33.0) feet; thence running west on a line Thirty Three (33.0) feet north of and parallel to the south line of Section Thirty Two (32) to a point on the east right-of-way line of US. Highways 34 and 281, said point also being the Point of Beginning, as shown on the plat dated November 23, 1998, attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 3. That the aforesaid-described tract of land and streets are hereby annexed to the City of Grand Island, Hall County, Nebraska, and said lands and the businesses thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. That the owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, ways - 3 - Approved as to Form T ca.; March 18, 1999 .... City Attorney I I I ORDINANCE NO. 8457 (Cont.) and alleys that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, ways and alleys of such City. SECTION 5. That a certified copy of this Ordinance be filed on record in the office of the Register of Deeds of RaIl County, Nebraska. SECTION 6. Upon taking effect of this Ordinance, the police, fire and snow removal services of said City shall be furnished to the tract of land and as provided by law, in accordance with the plan for extension of city services adopted by Resolution 99-25. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: March 22, 1999. Attest: I l -il~IIQ(/)V h; City Clerk This Resolution was adOPted on 2nd reading on March 22, 1999. - 4 - Approved as to Form T ~ March 18, 1999 ... City Attorney I I I '"....J w w r u (/) I~ 1- let: 10 I ~ \ o I CD I ~ I I I 1 \ 3' i i ------------ I ".\"" I ~. C?> <.f) f?..... .,/ : et: ..... ,"':.,r{ \ ~ STUHR ~ O~ I 2 MUSEUM f?'~ I - SUBDIVISION r:J. f?4;: \ 0 <<I' 309.8' : <.f) LOT 128.31' --------- ifl o N \ I I I ". \ . '1 : f?~J'" I ..... .....,\~{ ~ f?\~~ r:J.0~ ~ .' <<"?' PONDEROSA LAKE ESTATES FOURTH SUBDIVISION ~~ BRANCH U.P.R.R. ,\". ~.C?> ~.C:{ " ,"" / \.~ <? 4./ ,0 ~.(} r:J. f?4;: $' << I I I \ I \ I I \ : EXISTING C1IY LIMITS \ I I -- .....,,,. +~C?> " \~. / ....~~ ~'~ +'CJ ~ f?4;: o ~ <<'?' TIMM'S CLEARY SUB. POINT OF BEGINNING SUBDIVISION JU ROAD -----HIGHWAy----N~---281--- . - -T - - --:::-L- , ,669.4' "0 <:) to EXISTING CITY LIMITS ..... \~/" 4,.' /..... ~. ..... ~O~ v~ ~~v Q.. '?' " 7L EXHIBIT"A" CIIY OF GRAND ISLAND . NEBR. ENGINEERING DEPARTMENT PLAT TO ACCOMPANY ORDINANCE .,. SCALE ,"=400' L.D.C. 11/23/98 I * This space reserved for Register of Deeds * ORDINANCE NO. 8457 An ordinance to extend the boundaries and include within the corporate limits of, and to annex to the City of Grand Island, Nebraska, a tract of land comprising a part of the I Southwest Quarter of the Southwest Quarter (SWI/4 SWI/4) of Section Thirty Two (32), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., and a part of the Northwest Quarter of the Northwest Quarter (NW1I4 NW1I4) of Section Five (5), Township Ten (10) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, more particularly described herein; to provide service benefits thereto; to confirm zoning classifications; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; 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. It is hereby found and determined that: I (A) A tract of land comprising a part of the Southwest Quarter of the Southwest Quarter (SWY4 SWY4) of Section Thirty Two (32), Township Eleven (11) North, Range Nine (9) Approved as to Form T ~ March 5. 1999 ... City Attorney I I I ORDINANCE NO. 8457 (Cont.) West of the 6th P.M., and a part of the Northwest Quarter of the Northwest Quarter (NWY4 NWY4) of Section Five (5), Township Ten (10) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, hereinafter more particularly described, is urban and suburban and not agricultural and rural in character, and that the subject property is contiguous and adjacent to the corporate limits of said City. (B) That the subject real estate will receive material benefits and advantages including police, fire, and snow removal benefits due to annexation to the City of Grand Island, Nebraska, and that City water service will be available as provided by law. (C) The various zoning classifications of the subject tract of land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed. (D) There is unity of interest in the use of the said tract of land and streets with the use of lots and streets in the City, and the community convenience and welfare in the interest of the said City will be enhanced through incorporating the subj ect tract of land and streets within the corporate limits of the City of Grand Island. (E) The plan for extending City services, as adopted by the City Council by the passage and approval of Resolution No. 99-25, be and is hereby approved and ratified. SECTION 2. That the boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land described as follows: Beginning at a point Thirty Three (33.0) feet north and Forty Eight (48.0) feet east of the southwest comer of Section Thirty Two (32), Township Eleven (11) North, Range Nine (9) West ofthe 6th P.M., said point being on the east right-of-way line of U.S. Highways 34 and 281; thence north on the east right-of-way line of U.S. Highways 34 and 281 to the southwest comer of Lot One (1), Stuhr Museum Subdivision; thence southeasterly along the southerly line of said Lot One (1), a distance of Three Hundred Fifty Three and Seventy Eight Hundredths (353.78) - 2 - Approved as to Form T c.11'r:" April 8, 1999 ... City Attorney I I I ORDINANCE NO. 8457 (Cont.) feet; thence deflecting right and continuing in a southeasterly direction along the southerly line of said Lot One (1), a distance of One Hundred Twenty Eight and Thirty One Hundredths (128.31) feet; thence deflecting right and running southeasterly to a point located Five Hundred Seventy (570.0) feet east and Three Hundred Forty Two and Five Tenths (342.8) feet north of the southwest corner of Section Thirty Two (32), Township Eleven (11) North, Range Nine (9) West; thence south parallel to the west line of the Southwest Quarter (SW'i4) of Section Thirty Two (32) to a point Thirty Three (33.0) feet north of the south line of the Southwest Quarter (SW'i4) of Section Thirty Two (32); thence east on a line Thirty Three (33.0) feet north of and parallel to the south line of the Southwest Quarter (SW'i4) of Section Thirty Two (32), to the east line of the Southwest Quarter of the Southwest Quarter (SW'i4 SW'i4) of Section Thirty Two (32); thence south to a point being the southeast corner of the Southwest Quarter of the Southwest Quarter (SW'i4 SW'i4) of Section Thirty Two (32) and also the northeast corner of the Northwest Quarter of the Northwest Quarter (NW'i4 NW'i4) of Section Five (5), Township Ten (10) North, Range Nine (9) West; thence continuing south on the east line of the Northwest Quarter of the Northwest Quarter (NW'i4 NW'i4) of Section Five (5) to the southeast corner of the Northwest Quarter of the Northwest Quarter (NW'i4 NW'i4) of Section Five (5); thence west on the south line of the Northwest Quarter of the Northwest Quarter (NW'i4 NW'i4) of Section Five (5) to a point Sixty (60.0) feet east of the east right-of-way line of U.S. Highway 281; thence north on a line Sixty (60.0) feet east of and parallel to the east right-of-way line of U.S. Highway 281, extending north to the north line of Section Five (5), said point also being on the south line of Section Thirty Two (32), Township Eleven (11) North, Range Nine (9) West; thence continuing north on the prolongation of the last described course, a distance of Thirty Three (33.0) feet; thence running west on a line Thirty Three (33.0) feet north of and parallel to the south line of Section Thirty Two (32) to a point on the east right-of-way line of U.S. Highways 34 and 281, said point also being the Point of Beginning, as shown on the plat dated November 23, 1998, attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 3. That the aforesaid-described tract of land and streets are hereby annexed to the City of Grand Island, Hall County, Nebraska, and said lands and the businesses thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. That the owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, ways - 3 - Approved as to Form T L.J1Z~ April 8, 1999 '" City Attorney I I I ORDINANCE NO. 8457 (Cont.) and alleys that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, ways and alleys of such City. SECTION 5. That a certified copy of this Ordinance be filed on record in the office of the Register of Deeds ofRall County, Nebraska. SECTION 6. Upon taking effect of this Ordinance, the police, fire and snow removal services of said City shall be furnished to the tract of land and as provided by law, in accordance with the plan for extension of city services adopted by Resolution 99-25. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: April 12, 1999. Krn~ Attest: ity Clerk - 4- Approved as to Form" ~ April 8, 1999 ... City ttomey I I I I I PONDEROSA 1 LAKE ESTATES : FOURTH I SUBDIVISION "1 I 0~~/' I , ,\\~ -----t "'%c~ ~,,:><S.) ~ q,~ '..J w w :I: U .. VI I~ I- 'D::: 10 I ~ \ o I en I ~ \ I I \ : 3' I I I ------------ I ...\~ 1 ~. 0) (/) 0......." : a::: ...\~~~ 1 ~ STUHR ~ O~ I ~ MUSEUM ",'(f I - SUBDIVISION ~ "'<<) \ G Q,.f 309.8' I (/) LOT 128.31' --------- ",n o N ...~ BRANCH U.P.R.R. ...\~ ~. 0) ~. r:;{ \~. ".... .......~ (,j <t".~ ~:6 & 0<<) .f ~ I \ I \ I \ I I \ : EXISTING erN' LIMITS 1 I , -- ...\~ ~tsOJ .... \~' " \~ f,) ~.~ ~'6 r:J.~ ~ <l." TIMM'S CLEARY SUB. SUBDIVISION JU ROAD -~u.s~-HiGHWAY----NO. ---281--- --T..:a...-----, 1,669.4' g '-- EXISTING CI1Y LIMITS ,\~",C <V. "... ~. , ,...~ O~ v~ .~~v Q,'r'" q 7l " EXH I BIT"A" CI1Y OF GRAND ISLAND , NEBR. ENGINEERING DEPARTMENT PLAT TO ACCOMPANY ORDINANCE '!'. SCALE ,"=400' L.D.C. 11/23/98 I * This Space Reserved for Register of Deeds * ORDINANCE NO. 8458 An ordinance to vacate a portion of an unnamed street adjacent to either side of v oss Road and the north boundaries of Lot One (1) and Lot Sixteen (16) Bernard Voss First Subdivision; to authorize the conveyance of such vacated street to Michael Mack Jr. and Deidre I Mack, husband and wife, and to Jack R. McKee and Joan E. McKee, hushand and wife; to retain easements on such property; to provide the giving of notice of such conveyance and the terms thereof; to provide the right to file a remonstrance against such conveyance; to provide for filing this ordinance with the office of the Register of Deeds of Hall County; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That a portion of the above-described unnamed street more particularly described as follows, all as shown on the plat dated March 5, 1999, marked Exhibit "A" attached hereto and incorporated herein by reference, be, and hereby is, vacated, provided I and conditioned that the City of Grand Island hereby retains an easement on such property for Approved as to Form T ~) March 24, 1999 ... I Y ttorney I I I ORDINANCE NO. 8458 (Cont.) sewer, electric, storm drainage, gas, and other public utilities and all rights and appurtenances thereto: Tract No. "A": Beginning at the northeast comer of Lot One (1) Bernard Voss First Subdivision; thence west on the north line of Lot One (1) Bernard Voss First Subdivision for a distance of One Hundred Thirty One and Fifty Three Hundredths (131.53) feet to the northwest comer of Lot One (1) Bernard Voss First Subdivision; thence north on a prolongation of the east line of V oss Road for a distance of Thirty Three (33.0) feet; thence east on a line Thirty Three (33.0) feet north of and parallel to the north line of Lot One (1) Bernard Voss First Subdivision for a distance of One Hundred Thirty One and Fifty Three Hundredths (131.53) feet; thence south on a prolongation of the east line of Lot One (1) Bernard Voss First Subdivision for a distance of Thirty Three (33.0) feet to the point of beginning. Tract No. "B": Beginning at the northwest comer of Lot Sixteen (16) Bernard Voss First Subdivision; thence north on a prolongation of the west line of Lot Sixteen (16) Bernard Voss First Subdivision for a distance of Thirty Three (33.0) feet; thence east on a line Thirty Three (33.0) feet north of and parallel to the north line of said Lot Sixteen (16) Bernard Voss First Subdivision for a distance of One Hundred Thirty Two (132.0) feet; thence south on a prolongation of the east line of Lot Sixteen (16) Bernard Voss First Subdivision for a distance of Thirty Three (33.0) feet to the northeast comer of Lot Sixteen (16) Bernard Voss First Subdivision; thence west on the north line of Lot Sixteen (16) Bernard Voss First Subdivision for a distance of One Hundred Thirty Two (132.0) feet to the point of beginning. SECTION 2. The conveyance of Tract "A" identified above to Michael Mack Jf. and Deidre Mack, husband and wife, is hereby authorized and approved. The consideration for such conveyance shall be One Hundred Fifty Dollars ($150.00). Conveyance shall be by warranty deed upon payment of the foregoing consideration subject to easements and encumbrances of record. SECTION 3. The conveyance of Tract "B" identified above to Jack R. McKee and Joan E. McKee, husband and wife, is hereby authorized and approved. The consideration for such conveyance shall be One Hundred Fifty Dollars ($150.00). Conveyance shall be by - 2 - Approved as to Form T r;;a; March 24, 1999 ... CI Y Attorney I I I ORDINANCE NO. 8458 (Cont.) warranty deed upon payment of the foregoing consideration subject to easements and encumbrances of record. SECTION 4. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is directed and instructed to prepare and publish such notice. SECTION 5. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by registered voters of the City of Grand Island equal in number to thirty percent of the registered voters of the City of Grand Island voting at the last regular municipal election held in such City be filed with the City Council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 6. The conveyance of Tract "A" is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make, execute and deliver to MICHAEL MACK JR. and DEIDRE MACK, husband and wife, a warranty deed for said Tract "A", and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 7. The conveyance of Tract "B" is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make, execute and deliver to JACK R. McKEE and JOAN E. McKEE, husband and wife, a warranty - 3 - Approved as to Form T March 24, 1999 ... City Attorney I I I ORDINANCE NO. 8458 (Cont.) deed for said Tract "B", and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 8. This ordinance is directed to be filed in the office of the Register of Deeds ofRall County, Nebraska. SECTION 9. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: March 22, 1999. Ken Gnadt, Mayor Attest: Cindy K. Johnson, City Clerk This Ordinance was not adoPted by the City Council. - 4 - Approved as to Form T ed2:: March 24, 1999 ... City Attorney . I * This Space Reserved for Register of Deeds * ORDINANCE NO. 8458 An ordinance to vacate a portion of an unnamed street adjacent to either side of Voss Road and the north boundaries of Lot One (1) and Lot Sixteen (16) Bernard Voss First Subdivision; to authorize the conveyance of such vacated street to Michael Mack If. and Deidre I Mack, husband and wife, and to Jack R. McKee and Joan E. McKee, husband and wife; to retain easements on such property; to provide the giving of notice of such conveyance and the terms thereof; to provide the right to file a remonstrance against such conveyance; to provide for filing this ordinance with the office of the Register of Deeds of Hall County; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That a portion of the above-described unnamed street more particularly described as follows, all as shown on the plat dated March 5, 1999, marked Exhibit "A" attached hereto and incorporated herein by reference, be, and hereby is, vacated, provided I and conditioned that the City of Grand Island hereby retains an easement on such property for Approved as to Form T ~ May 20, 1999 .& Ci Y A orney I I I ORDINANCE NO. 8458 (Cont.) sewer, electric, storm drainage, gas, and other public utilities and all rights and appurtenances thereto: Tract No. "A": Beginning at the northeast comer of Lot One (1) Bernard Voss First Subdivision; thence west on the north line of Lot One (1) Bernard Voss First Subdivision for a distance of One Hundred Thirty One and Fifty Three Hundredths (131.53) feet to the northwest comer of Lot One (1) Bernard Voss First Subdivision; thence north on a prolongation of the east line of Voss Road for a distance of Thirty Three (33.0) feet; thence east on a line Thirty Three (33.0) feet north of and parallel to the north line of Lot One (1) Bernard Voss First Subdivision for a distance of One Hundred Thirty One and Fifty Three Hundredths (131.53) feet; thence south on a prolongation of the east line of Lot One (1) Bernard Voss First Subdivision for a distance of Thirty Three (33.0) feet to the point of beginning. Tract No. "B": Beginning at the northwest comer of Lot Sixteen (16) Bernard Voss First Subdivision; thence north on a prolongation of the west line of Lot Sixteen (16) Bernard Voss First Subdivision for a distance of Thirty Three (33.0) feet; thence east on a line Thirty Three (33.0) feet north of and parallel to the north line of said Lot Sixteen (16) Bernard Voss First Subdivision for a distance of One Hundred Thirty Two (132.0) feet; thence south on a prolongation of the east line of Lot Sixteen (16) Bernard Voss First Subdivision for a distance of Thirty Three (33.0) feet to the northeast comer of Lot Sixteen (16) Bernard Voss First Subdivision; thence west on the north line of Lot Sixteen (16) Bernard Voss First Subdivision for a distance of One Hundred Thirty Two (132.0) feet to the point of beginning. SECTION 2. The conveyance of Tract "A" identified above to Michael Mack Jr. and Deidre Mack, husband and wife, is hereby authorized and approved. The consideration for such conveyance shall be Dollars ($ ). Conveyance shall be by warranty deed upon payment of the foregoing consideration subject to easements and encumbrances of record. SECTION 3. The conveyance of Tract "B" identified above to Jack R. McKee and Joan E. McKee, husband and wife, is hereby authorized and approved. The consideration for such conveyance shall be Dollars ($ ). Conveyance - 2 - Approved as to Form T May 20, 1999 ... City Attorney I I I ORDINANCE NO. 8458 (Cont.) shall be by warranty deed upon payment of the foregoing consideration subject to easements and encumbrances of record. SECTION 4. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is directed and instructed to prepare and publish such notice. SECTION 5. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by registered voters of the City of Grand Island equal in number to thirty percent of the registered voters of the City of Grand Island voting at the last regular municipal election held in such City be filed with the City Council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 6. The conveyance of Tract "A" is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make, execute and deliver to MICHAEL MACK JR. and DEIDRE MACK, husband and wife, a warranty deed for said Tract "A", and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 7. The conveyance of Tract "B" is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make, execute and deliver to JACK R. McKEE and JOAN E. McKEE, husband and wife, a warranty - 3 - Approved as to Form" ~ May 20, 1999 ... City ttomey I I I ORDINANCE NO. 8458 (Cont.) deed for said Tract "B", and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 8. This ordinance is directed to be filed in the office of the Register of Deeds ofRall County, Nebraska. SECTION 9. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: May 24, 1999. Larry Seifert, Acting Mayor Attest: Cindy K. Johnson, City Clerk This Ordinance was not adopted by City Council. - 4- Approved as to Form T May 20,1999 ... City Attorney I ~. ~ 2 6 0-0 ; <t ~. TRACT "B" 0-0 164.66' i<'l I"') ..... POINT OF to 16 1 BEGINNING .CD 0 <( ~ 00 OJ ~. 0 to CD ~ ~ 0::: CD I 00 ~ ~a .....<0 ..... CD CD 2 to 4' to ~. CD : CD ~ -0 40' to 12 to to 5 to CD U> (f) U> U> 132' (f) 131.83' 0 > E22l ~ TRACT "A" AREA OF STREET VACATED AND RETAINED FOR EASEMENT TRACT "B" AREA OF STREET VACATED AND RETAINED FOR EASEMENT I EXHIBIT"A" CITY OF' GRAND ISLAND . NEBR. ENGINEERING DEPARTMENT I PLAT TO ACCOMPANY ORDINANCE . NO. 8458 I SCALE 1"=100' L.D.C. 3/5/991 I * This Space Reserved for Register of Deeds * ORDINANCE NO. 8459 An ordinance to vacate the alleys between the east line of Plum Street and the west line of the Burlington Northern right-of-way; to vacate that portion of 6th Street lying between the east line of Plum Street and the west line of Burlington Northern right-of-way; to I revert the property to adjoining property owners; to provide for filing this ordinance with the office of the Register of Deeds of Hall County; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the portion of the alleys in Block Two (2) and Block Twenty Three (23) Nagy's Addition lying between the east line of Plum Street and the west line of the Burlington Northern right-of-way and that portion of 6th Street lying between Block Two (2) and Block Twenty Three (23) Nagy's Addition lying between the east line of Plum Street and the west line ofthe Burlington Northern right-of-way, all as shown on the plat dated March 4, 1999, I marked Exhibit "A" attached hereto and incorporated herein by reference, be, and hereby is, vacated, provided and conditioned that the City of Grand Island hereby reserves the alley lying Approved as to Form T L(/C March 18. 1999 ... City Attorney I I I ORDINANCE NO. 8459 (Cont.) east of Plum Street and between 6th Street and ih Street (as shown on Exhibit "A") for sewer, electric, storm drainage, gas, and other public utilities easements and all rights and appurtenances thereto: SECTION 2. The title to the above-described property vacated by Section 1 of this ordinance shall revert to the owner or owners of real estate abutting the same in proportion to the respective ownership of real estate. SECTION 3. This ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: March 22, 1999. 5~4 K~ Gnadt, Mayor Attest: ~~ 'IS ;1/i11 MYi ) Cindy. . Johnsd~{ City Clerk - 2 - Approved as to Form T March 18, 1999 A City Attorney I ~ . 80' 66' ~ . '0 STREET '0 0 7TH 0() 0() . 0::: 80' 66 66 35' 31 66 "I 'N t<'l N (j-\ ~ 4 3 . 1 ~ I- ~~ I- (f) W W "(0 "(0 . ~ ~ 0::: 0::: l- . (f) 0::: 'N 5 6 8'N t<'l ~ t<'l 66' p6' 35' 31 66' Z 80' 0::: 0 w 6TH 0() STREET g '0 :r: I 0() I- 0::: 80' 66' 66' 0 Z 'N 3 1 N t<'l 4 ~ t<'l Z 0 I- W C) Z Z - > 'N s:)o --.J t<'l 5 0::: ~ ::J 66' m 80' 66' 66' 5TH '0 STREET 0() I 80' I 66' I 66' I 66' n' I v//~ ALLEY AND STREET R.O.W. VACATED EXHIBIT" A" txxxI ALLEY AREA TO BE RETAINED FOR EASEMENT CITY OF GRAND ISLAND , NEBR. ENGINEERING DEPARTMENT PLAT TO ACCOMPANY ORDINANCE I NO. 8459 I SCALE 1"=100' L.D.C. 3/4/9911 I I . This Space Reserved for Register of Deeds. ORDINANCE NO. 8460 An ordinance to create Street Improvement District No. 1223; to define the boundaries of the district; to provide for the improvement of a street within the district by paving, curbing, guttering, storm drainage, and other incidential work in connection therewith; to provide for the filing of this ordinance with the Hall County Register of Deeds; and to provide the publication and effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 1223 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at the northwest comer of Lot 14, Block 13, Meth's Addition, said point also being the intersection of the east line of St. Paul Road and the south line of 15th Street; thence south on the east line of St. Paul Road for a distance of One Hundred Thirteen (113.0) feet; thence east on a line One Hundred Thirteen (113.0) feet south of and parallel to the south line of 15th Street for a distance of Seven Hundred Ninety Nine (799.0) feet to a point on the west line of Lot 8, Norwood Subdivision; thence north on the west line of said Lot 8, Norwood Subdivision, for a distance of Four Hundred Seventy Nine (479.0) feet to a point; Approved as to Form T CQ6 March 18, 1999 ... City Attorney I I I ORDINANCE NO. 8460 (Cont.) thence west on a line 19.5 feet north of and parallel to the north line of Lot 7, Norwood Subdivision, for a distance of Seven Hundred Ninety Eight and Five Tenths (798.5) feet to a point on the east line of St. Paul Road; thence south on the east line of St. Paul Road for a distance of One Hundred Sixty (160.0) feet; thence east on a line One Hundred Forty (140.0) feet north of and parallel to the north line of 15th Street for a distance of Seven (7.0) feet; thence south on the east line ofSt. Paul Road for a distance of One Hundred Forty (140.0) feet to the north line of 15th Street; thence west on a prolongation of the north line of 15th Street for a distance of Forty (40.0) feet; thence south on the center line ofSt. Paul Road for a distance of Sixty Six (66.0) feet; thence east on a prolongation of the south line of 15th Street for a distance of Thirty Three (33.0) feet to the point of beginning, all as shown on the plat dated March 17, 1999, attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 3. The following street in the district shall be improved by paving and other incidental work in connection therewith: Fifteenth Street from St. Paul Road to one-half block east of Poplar Street, in the City of Grand Island, Hall County, Nebraska Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the City of Grand Island and approved by the Mayor and City Council. SECTION 4. All improvements shall be made at public cost, but the cost thereof, excluding intersections, shall be assessed upon the lots and lands in the district specially benefited thereby as provided by law. SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, as provided by law. - 2 - Approved as to Form T C4C" March 18, 1999 & City Attorney I I I ORDINANCE NO. 8460 (Cont.) SECTION 7. After passage, approval and publication of this ordinance, without the plat, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted: March 22, 1999. Attest: - 3 - Approved as to Form T March 18, 1999 A City Attorney , I I I ORDINANCE NO. 8461 An ordinance to amend Chapter 33 of the Grand Island City Code; to amend Sections 33-7 and 33-8 pertaining to deadline for submission of subdivision plats; to repeal Sections 33-7 and 33-8 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 33-7 of the Grand Island City Code is hereby amended to read as follows: ~33-7. Preliminary Study and Data (1) The subdivider shall prepare and file with the Planning Commission twenty-two (22) copies of the proposed preliminary study and required data at least twenty (20) days prior to the date of the next regular Planning Commission meeting at which approval of the preliminary study is requested. (2) The director of Planning shall, within five days from the date of filing, transmit a copy of the proposed preliminary study to the Board of Education of the school district or districts involved, the public works director, director of utilities operations, and any other department or agency that may be affected by the plat and as the commission may designate. Such department or agency except said Board of Education shall have five days to review the referred preliminary study and report back to the director of Planning any requirements or recommendation pertinent to approval of the study. The director of Planning shall examine the preliminary study as to compliance with laws and ordinances of the approved master plan, other official plans and good planning principles; analyze the recommendations submitted by other departments and agencies; coordinate these recommendations and submit his recommendations to the Planning Commission at the next regular meeting. (3) The Planning Commission shall consider all evidence presented by the subdivider, the director of Planning, and others, and shall approve or disapprove the preliminary study, and shall within two days of the meeting, transmit its recommendation along with all supporting papers to the City Council. A copy of the recommendation shall be sent to the subdivider, and one copy shall be retained in the permanent files of the Planning Commission. (4) The city council shall consider and act upon the Planning Commission's recommendation, and shall approve or disapprove the preliminary study. In the event of disapproval, the council shall notify the Planning Commission and state specific reasons for disapproval, a copy of which shall be transmitted to the subdivider. Approval by the council shall be effective for a period of twelve months, after which if the final plat has not been submitted to the Planning Commission for approval, reapproval of the preliminary study by the Planning Commission and council shall be required. (5) The preliminary study shall be made from an accurate survey made by a licensed land surveyor in the State of Nebraska. The minimum acceptable scale shall be 100 feet to the inch. All preliminary studies shall provide the following information: (a) Proposed name and acreage of the subdivision. (b) Name and address of owner, subdivider, and engineer or land surveyor. (c) A legal description sufficient to define the location and boundaries of the subdivision and evidence of ownership of the property proposed to be subdivided. (d) A map indicating plans for the development of the entire area if the proposed plat is a portion of a larger holding intended for subsequent development. Preliminary engineering plans for all improvements Approved as to Form ." ~ March 23, 1999 ... City Attorney I I I ORDINANCE NO. 8461 (Cant.) for the entire holding shall be a part of the requirement. Positive drainage from easements shall be included in the drainage plan. (e) Location, width, and name (if any) of all highways, streets, easements, right-of-way or railroad, whether public or private, parks, or other open spaces within and adjacent to the proposed subdivision. Tentative grades and direction of flow in streets and easements shall be shown. (f) Location, grade, and size of existing and proposed storm drainage facilities, sanitary sewers, water mains, electric, CATV, telephone, and gas mains within and adjacent to the proposed subdivision. (g) Contours at intervals of six inches. (h) If any portion of the land within the boundary of the proposed subdivision is subject to flood or storm water overflow, that fact and location shall clearly be shown. Areas covered by water and trees shall also be shown. (i) Layout, approximate dimensions, proposed use, number of each lot, and number of each block shall be indicated. U) Location and outline to scale of each existing building or structure. (k) Date, north point, and scale shall be shown. (1) All areas not a part of the proposed plat due to other ownership shall be clearly shown and marked "Not a Part." (m) If the lots within the proposed subdivision are to be served by individual water supply and sanitary sewage systems, then the general location of such facilities on each lot shall be shown. SECTION 2. Section 33-8 of the Grand Island City Code is hereby amended to read as follows: ~33-8. Final Plat (1) The subdivider shall prepare and file with the Planning Commission twenty-two (22) copies of the proposed final plat at least twenty (20) days prior to the date of the next regular Planning Commission meeting at which approval of the final plat is requested. (2) At the time of filing of the final plat with the Planning Commission the subdivider shall pay to the city treasurer a filing fee, as provided by a fee schedule approved by the City Council, which shall not be refundable unless such final plat is withdrawn by the subdivider prior to consideration by the Planning Commission. (3) The director of Planning shall, within five days from the date of filing, transmit a copy of the proposed final plat to the Board of Education of the school district or districts involved, the public works director, the director of utilities operations, and any other department or agency that may be affected by the plat and as the Commission may designate. Such department or agency except said Board of Education shall have five days to review the referred final plat and report back to the director of Planning any requirements or recommendations pertinent to approval of the final plat. The director of Planning shall examine the final plat as to compliance with laws and ordinances of the master plan; other official plans and good planning principles and compliance with the approved preliminary study if submitted; analyze the recommendations submitted by other departments and agencies; coordinate these recommendations and submit his recommendation to the Planning Commission at the next regular meeting. (4) The Planning Commission shall review the recommendation of the director of Planning and either approve or disapprove the final plat. If the Planning Commission finds that the final plat has been prepared in compliance with these regulations and in substantial conformance with the approval preliminary study, such plat shall be approved. In the event of disapproval, specific points of variance with aforesaid requirements shall be a part of the Planning Commission's recommendation. The Planning Commission shall within two (2) days of the meeting transmit its recommendation, along with a copy of the final plat, to the city council. A copy of the recommendation shall be sent to the subdivider, and one copy shall be retained in the permanent files of the Planning Commission. (5) The city council shall consider and act upon the Planning Commission's recommendation and shall approve or disapprove the final plat. If it finds that the final plat has been prepared in compliance with these regulations and in substantial conformance with the approved preliminary study, such plat shall be approved. In the event of disapproval, specific points of variance with aforesaid requirements shall be a part of the official record. - 2 - Approved as to Form " March 23, 1999 ... City Attorney I I I ORDINANCE NO. 8461 (Cont.) Upon approval of the final plat, the subdivider shall, within twelve months, furnish the following departments the data as shown or such approval shall become null and void: (a) Register of Deeds (i) Approved final plat (ii) Protective covenants, restrictions and conditions, if any. (iii) Approved drainage plan. (b) City Clerk (i) Print of approved plat. (ii) Approved subdivision agreement. (iii) Print of approved drainage plan. (c) Public Works Director (i) Reproducible of approved final plat. (ii) Reproducible of approved drainage plan. (iii) Copy of approved erosion control plan unless the subdivision contains less than five acres in sIze. (6) The final plat shall be in permanent black lettering and lines on high grade linen or mylar which is reproducible with dimensions of 18 inches by 24 inches. The minimum acceptable scale shall be 100 feet to the inch. In the event that the entire plat cannot be one sheet, it shall be submitted in two or more sheets of the same dimensions along with an index sheet showing the entire development at a smaller scale. All final plats shall portray the following information. (a) Name of subdivision, north arrow, scale, date, and names of subdivider, owner, and land surveyor. (b) Legal description of the property, including location of boundary lines in relation to section, township, range, county, and state. The perimeter of the subdivision shall be clearly and distinctly indicated. (c) The lines of all streets and alleys and other lands to be dedicated with their widths and names. (d) All lot lines and dimensions and numbering of lots and blocks according to a uniform system. (e) Location, use, and width of all easements for public use, drainage, services, and utilities. (f) All dimensions in feet and decimals of feet, both linear and angular, interior angles, length of radii and/or arcs of all curves, with all other information necessary to reproduce the plat on the ground. (g) The perimeter and blocks of the plat shall have a closure to an allowable unadjusted error of 1 to 7500. Latitudes and departure computations shall be submitted. (h) The location and description of all permanent monuments in the subdivision. (i) The description, location, and elevation of all benchmarks. (j) Names in dotted lettering of adjacent plats with the location and widths of adjoining streets shown by dashed lines. (k) Certificate, seal, and signature of land surveyor. (1) Notarized certificate and signature of all parties having title interest in the land being subdivided consenting to dedication and recording of the final plat as submitted. (m) Certificates to be signed by the chairman of the Planning Commission, mayor, and city clerk. (n) All areas not a part of the plat due to other ownerships shall be clearly shown as "Not a Part." (0) The following supplementary engineering data and plans: (i) Paving design, including alignment, grades, and a typical cross-section. (ii) Public sidewalks design and location. (iii) Location of telephone, electric, and CATV facilities, if underground. (iv) Location, grade, and size of existing and proposed storm drainage facilities, sanitary sewers, water mains, and gas mains within the proposed subdivision. (v) Location and outline to scale of each existing building or structure which is not to be removed in the final development. (vi) Final approved drainage plan including the location, grade, and direction of flow of easements, and showing the proposed general locations of individual water supply and sanitary sewer systems on each lot, if applicable. (vii) An approved erosion control plan to prevent wind and water erosion during any activity that will remove natural surface cover from within the subdivision boundary. This - 3 - Approved as to Form T C(fl) March 23, 1999 ... City Attomey I I I ORDINANCE NO. 8461 (Cont.) plan shall not be required for any subdivision containing less than five acres in size unless such subdivision is a phase of a larger development of five acres or more. (viii.) Final approved drainage plans shall be required with the submission of all final plats. A drainage plan may be submitted with the paving and storm water plans, but the paving plan will not be signed off until the drainage plan is approved by the Director of Public Works and proof of its filing at the Register of Deeds office is submitted to the Director of Public Works. SECTION 3. Sections 33-7 and 33-8 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: March 22, 1999. Attest: (JAd.;t I) fA fUi nU Cindy K Johnsoh, City Clerk - 4 - Approved as to Form T t:q2:> March 23, 1999 ... City Attorney I I I * This space reserved for Register of Deeds * ORDINANCE NO. 8462 An ordinance to vacate a portion of 12th Street between Warren Lane and Plum Street; to provide for the filing of this ordinance in the office of the Register of Deeds of Hall County; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That a portion of 12th Street located generally between Warren Lane and Plum Street, more particularly described as follows: Beginning at the northwest comer of Lot Eight (8), Capital Hill Addition; thence northeasterly on a line to the southwest comer of Lot Twelve (12), Houghkirk Subdivision; thence easterly on the southerly line of Lot Twelve (12) Houghkirk Subdivision and Lot One (1) Garrett's Subdivision for a distance of Forty (40.0) feet; thence southeasterly on a line to a point of the northerly line of Lot Seven (7) Capital Hill Addition, said point being Twenty (20.0) feet east of the northwest comer of Lot Seven (7) Capital Hill Addition; thence westerly on the north line of Lots Seven (7) and Eight (8) Capital Hill Addition for a distance of Seventy (70.0) feet to the point of beginning; be, and hereby is, vacated, provided and conditioned, that the City of Grand Island hereby reserves all of such street for sewer, water, electric, storm drainage, gas, and other public utilities Approved as to Form T ~ April 8, 1999 ... City Attorney I I I ORDINANCE NO. 8462 (Cont.) easements and all rights and appurtenances thereto. Said property is shown on the plat dated November 2, 1996, attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 2. The title to the street vacated by Section 1 of this ordinance shall revert to the owner or owners of the real estate abutting the same in proportion to the respective ownership of such real estate. SECTION 3. This ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 5. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: April 12, 1999. ~ Attest: r0 -2- Approved as to Form T c.q;t:' April 8, 1999 .... City Attorney I ~~ 12TH ST, 0~ ~O - z ~. -.J 0':) 1 12 Z 'W 0::::: GARRETT'S 0::::: <[ 10 1 ): 3 (\J 40' SUB. (Y) ..... 52.8' 52.8' 100' 165' 60' 80' 12TH 0 ST, ()) 52.8' . 52.8' 80' 50' I o'v 1 2u (Y) 1 ..... I AREA OF STREET VACATED & EASEMENT RETAINED V///1 E X H I BIT II A II CITY OF GRAND ISLAND , NEBR. ENGINEERING DEPARTMENT I PLAT TO ACCOMPA.N...Y ORDINANCE NO. 8462 I SCALE 1" = 1 00' L.D.C. 11/2/961 I * This space reserved for Register of Deeds * ORDINANCE NO. 8463 An ordinance to vacate a portion of the east/west alley located generally west of St. Paul Road and between 11 th Street and 12th Street; to provide for the filing of this ordinance in the office of the Register of Deeds of Hall County; to repeal any ordinance or parts of I ordinances in conflict herewith; and to provide for pnblication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the portion of the east/west alley located generally west of St. Paul Road and between 11 th Street and lih Street, more particularly described as follows: I Beginning at the northwest comer of Lot Nine (9), Capital Hill Addition; thence northerly on a prolongation of the west line of Lot Nine (9) Capital Hill Addition to the southwest comer of Lot Eight (8) Capital Hill Addition; thence easterly on the south line of Lot Eight (8) Capital Hill Addition to the southeast comer of Lot Eight (8) Capital Hill Addition; thence south on the west line of Lot Seven (7) Capital Hill Addition to the southwest comer of Lot Seven (7) Capital Hill Addition; thence easterly on the south line of Lot Seven (7) Capital Hill Addition to the southeast comer of Lot Seven (7) Capital Hill Addition; thence southerly on the prolongation of the east line of Lot Seven (7) Capital Hill Addition to the northeast comer of Lot Ten (10) Capital Hill Addition; thence westerly on the north line of Lot Ten (10) Capital Hill Addition to the northwest comer of Lot Approved as to Form T ~ April 8, 1999 ... City A torney I I I ORDINANCE NO. 8463 (Cont.) Ten (10) Capital Hill Addition; thence southerly on the west line of Lot Ten (10) Capital Hill Addition to the northeast comer of Lot Nine (9) Capital Hill Addition; thence westerly on the north line of Lot Nine (9) Capital Hill Addition to the point of beginning; be, and hereby is, vacated, provided and conditioned, that the City of Grand Island hereby reserves all of such alley for sewer, water, electric, storm drainage, gas, and other public utilities easements and all rights and appurtenances thereto. Said property is shown on the plat dated November 2, 1996, attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 2. The title to the alley vacated by Section 1 of this ordinance shall revert to the owner or owners of the real estate abutting the same in proportion to the respective ownership of such real estate. SECTION 3. This ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 5. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: April 12, 1999. Ke~ Attest: - 2 - Approved as to Form T c.qc.. April 8, 1999 ... City Attorney I - Z -1 z ARRETT'S w Cl-:: Cl-:: 10- 1 <[H 3 (\j ('1 SUB. ~ - 52.8' 52.8' 100' 165' 60' 80' 12TH 0 ST, co 52.8' . 52.8' 80' 50' 50' , ~O 1 (\j ~ ('1 1 - 8 (; I PINT 0 BEGI NING 'v ~- 10, 9 X' Q- (\j ('1 S - 52.8' . 52.8' 50' Q\( 11 TH 0 ST, co I--...... 52,8' . 52.8' 80' 52.8' 52.8' ~ '\( 1 5 <=--:7 ~//~ AREA OF ALLEY VACATED & EASEMENT RETAINED I E X H I BIT II A II CITY OF GRAND ISLAND , NEBR. ENGINEERING DEPARTMENT I PLAT TO ACCOMPANY ORDINANCE , NO. 8463 I SCALE 1"=100' L.D.C. 11/2/961 I I I ORDINANCE NO. 8464 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising of Lot Twelve (12), Bosselman Second Subdivision in the City of Grand Island, Hall County, Nebraska, from RO-Residential Office Zone to B1-Light Business Zone; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on April 7, 1999, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Board of Education of School District No.2 in Hall County, Nebraska; and WHEREAS, after public hearing on April 12, 1999, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The tract of land located in Lot Twelve (12), Bosselman Second Subdivision in the City of Grand Island, Hall County, Nebraska, is hereby rezoned and reclassified and changed from RO-Residential Office Zone to B1-Light Business Zone. SECTION 2. The Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-7 ofthe Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. Approved as to Form T ('~ April 8, 1999 ... City Attorney I I I ORDINANCE NO. 8464 (Cant.) SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: April 12, 1999. Ken Gnadt, Mayor Attest: Cindy K. Johnson, City Clerk This Ordinance was removed from the April 12, 1999 Agenda. - 2 - Approved as to Form T L..f1'C April 8, 1999 ... City Attorney I I I ORDINANCE NO. 8464 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising of Lot Twelve (12), Bosselman Second Subdivision in the City of Grand Island, Hall County, Nebraska, from RO-Residential Office Zone to B1-Light Business Zone; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7; and providing for publication and an effective date of this ordinance. WHEREAS, the Regionall?lanning Commission on April 7, 1999, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Board of Education of School District No.2 in Hall County, Nebraska; and WHEREAS, after public hearing on April 12, 1999, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The tract of land located in Lot Twelve (12), Bosselman Second Subdivision in the City of Grand Island, Hall County, Nebraska, is hereby rezoned and reclassified and changed from RO-Residential Office Zone to B1-Light Business Zone. SECTION 2. The Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-7 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. Approved as to Form" Cf1l;:' April 22, 1999 ... City Attorney I I I ORDINANCE NO. 8464 (Cant.) SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: April 26, 1999. Ken~~ f~ ~ Cindy K~nt5 City Clerk - - 2 - Approved as to Form T t# April 22, 1999 A.. City Attorney I I I ORDINANCE NO. 8465 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising of Lots Twenty One (21) and Twenty Two (22), Indianhead Second Subdivision in the City of Grand Island, Hall County, Nebraska, from R1-Suburban Residential Zone to R2-Low Density Residential Zone; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on April 7, 1999, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, RRS. 1943, has been given to the Board of Education of School District No.2 in Hall County, Nebraska; and WHEREAS, after public hearing on April 12, 1999, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The tract of land comprising of Lots Twenty One (21) and Twenty Two (22), Indianhead Second Subdivision in the City of Grand Island, Hall County, Nebraska, is hereby rezoned and reclassified and changed from R1-Suburban Residential Zone to R2- Low Density Residential Zone. SECTION 2. The Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-7 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. Approved as to Form T Ct:JC:- April 8, 1999 ... City Attorney I I I ORDINANCE NO. 8465 (Cont.) SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Ken~~ Enacted: April 12, 1999. - 2 - Approved as to Form T ~ April 8, 1999 ... City Attorney I I I ORDINANCE NO. 8466 An ordinance directing and authorizing the conveyance of property to the County of Hall, a body politic and corporate; providing for the giving of notice of such conveyance and the terms thereof; providing for the right to file a remonstrance against such conveyance; providing for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The conveyance to THE COUNTY OF HALL, a body politic and corporate, of a tract ofland located in Lot 3 Island of Section 15, Township 10 North, Range 9 West of the Sixth Principal Meridian, Hall County, Nebraska, being more particularly described as follows: Refemng to the northwest comer of said Section 15; thence easterly along the north line of said Section 15 a distance of 15.249 meters (50.03 feet) to a point on the east right-of-way line of Locust Street said point also being the Point of Beginning; thence easterly deflecting 0 degrees 00 minutes 00 seconds right along the north line of said Section 15 a distance of 33.081 meters (108.53 feet) to a point; thence southerly deflecting 88 degrees 47 minutes 55 seconds right a distance of 214.539 meters (703.87 feet) to a point; thence southerly deflecting 1 degree 33 minutes 03 seconds right a distance of 190.428 meters (624.76 feet) to a point; thence southerly deflecting 1 degree 00 minutes 46 seconds right a distance of 120.158 meters (394.22) feet to a point; thence southerly deflecting 2 degrees 48 minutes 45 seconds left a distance of 290.014 meters (951.49 feet) to a point; thence southerly deflecting 1 degree 37 minutes 30 seconds right a distance of 177.240 meters (581.49 feet) to a point; thence southwesterly deflecting 61 degrees 07 minutes 04 seconds right a distance of 32.827 meters (107.70 feet) to a point on the east right-of-way line of Locust Street; thence northerly deflecting 118 degrees 29 minutes 04 seconds right along the east right-of-way line of Locust Street a distance of 194.762 meters (638.98 feet) to a point; thence westerly deflecting 90 degrees 18 minutes 59 seconds left along the east right-of-way line of Locust Street a distance of 7.620 meters (25.00 feet) to a point; thence northerly deflecting 90 degrees 19 minutes 08 seconds right a distance of Approved as to Form T (" ~ April 8, 1999 ... City Attorney I I I ORDINANCE NO. 8466 (Cont.) 813.289 meters (2,668.27 feet) to the point of beginning. Containing 3.376 hectares (8.34 acres), more or less. SECTION 2. The consideration for such conveyance shall be Eight Thousand Three Hundred Forty Dollars ($8,340.00). Conveyance of the real estate above described shall be by warranty deed, upon payment of the consideration. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and publish said notice. SECTION 6. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by registered voters of the City of Grand Island equal in number to thirty percent of the registered voters of the City of Grand Island voting at the last regular municipal election held in such City be filed with the City Council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 7. The conveyance of said real estate is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make, execute and deliver to the County of Hall, a body politic and corporate, a warranty deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. -2- Approved as to Form T ~ April 8, 1999 .... City Attorney I I I ORDINANCE NO. 8466 (Cant.) SECTION 8. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: April 12, 1999. Attest: Ken~ Y/;(JA~ Clerk - 3 - Approved as to Form,. CJ<!Z- AprilS, 1999 ... City Attorney I I I ORDINANCE NO. 8467 An ordinance directing and authorizing the conveyance of property to the County of Hall, a body politic and corporate; providing for the giving of notice of such conveyance and the terms thereof; providing for the right to file a remonstrance against such conveyance; providing for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The conveyance to THE COUNTY OF HALL, a body politic and corporate, of a tract of land located in Lot 6, Section 10, Township 10 North, Range 9 West of the Sixth Principal Meridian, Hall County, Nebraska, being more particularly described as follows: Referring to the southwest comer of said Section 10; thence easterly along the south line of Section 10 a distance of 15.249 meters (50.03 feet) to a point, said point also being the Point of Beginning; thence easterly deflecting 0 degrees 00 minutes 00 seconds right a distance of 33.081 meters (108.53 feet) to a point; thence northerly deflecting 91 degrees 21 minutes 39 seconds left a distance of 378.669 meters (1,242.35 feet) to a point; thence on a curve to the left, deflection to the initial tangent being 90 degrees 00 minutes 00 seconds right, said curve being nontangent with the last described line, having an arc distance of 133.609 meters (438.35 feet), a central angle of 90 degrees 00 minutes 00 seconds and a radius length of 85.058 meters (279.06 feet), the chord of said curve deflects 45 degrees 00 minutes 00 seconds right from the prolongation of the last described line, a distance of 120.291 meters (394.65 feet) to a point; thence northerly deflecting 0 degrees 00 minutes 00 seconds right a distance of 53.654 meters (176.03 feet) to a point; thence on a curve to the right, deflection to the initial tangent being 0 degrees 00 minutes 00 seconds right, said curve being nontangent with the last described line, having an arc distance of 50.747 meters (166.49 feet), a central angle of 44 degrees 46 minutes 21 seconds and a radius length of 64.942 meters (213.06 feet), the chord of said curve deflects 22 degrees 23 minutes 09 seconds right from the prolongation of the last described line, a distance of 49.466 meters (162.29 feet) to a point; thence northeasterly deflecting 0 degrees 00 minutes 00 seconds right a distance of 4.575 meters (15.01 Approved as to Form... cqr:; April 8, 1999 ... City Attorney I I I ORDINANCE NO. 8467 (Cont.) feet) to a point; thence southwesterly deflecting 161 degrees 22 minutes 06 seconds left a distance of 30.308 meters (99.44 feet) to a point; thence southwesterly deflecting 2 degrees 45 minutes 00 seconds right a distance of 122.530 meters (402.00 feet) to a point; thence southwesterly deflecting 27 degrees 45 minutes 06 seconds left a distance of 2.656 meters (8.71 feet) to a point; thence southerly deflecting 39 degrees 00 minutes 00 seconds left a distance of 25.882 meters (84.91 feet) to a point; thence westerly deflecting 89 degrees 59 minutes 58 seconds right a distance of 4.572 meters (15.00 feet) to a point; thence southerly deflecting 89 degrees 59 minutes 58 seconds left a distance of 474.494 meters (1,556.74 feet) to a point, to the point of beginning. Containing an area of 3.010 hectares (7 .44 acres), more or less. SECTION 2. The consideration for such conveyance shall be Seven Thousand Four Hundred Forty Three Dollars ($7,440.00). Conveyance of the real estate above described shall be by warranty deed, upon payment of the consideration. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and publish said notice. SECTION 6. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by registered voters of the City of Grand Island equal in number to thirty percent of the registered voters of the City of Grand Island voting at the last regular municipal election held in such City be filed with the City Council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. - 2 - Approved as to Form T ~ April 8, 1999 ... City Attorney I I I ORDINANCE NO. 8467 (Cont.) SECTION 7. The conveyance of said real estate is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make, execute and deliver to the County of Hall, a body politic and corporate, a warranty deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 8. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: April 12, 1999. Ken Attest: n. ArJ.. I / ~ M.<1P1J ) ~~ 'tyClerk - 3 - Approved as to Form T ~ April 8, 1999 ... City ttomey I I I I ORDINANCE NO. 8468 An ordinance directing and authorizing the conveyance of property to the County of Hall, a body politic and corporate; providing for the giving of notice of such conveyance and the terms thereof; providing for the right to file a remonstrance against such conveyance; providing for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The conveyance to THE COUNTY OF HALL, a body politic and corporate, of a tract of land located in the Northeast Quarter of Section 9, Township 10 North, Range 9 West of the Sixth Principal Meridian, Hall County, Nebraska, being more particularly described as follows: Referring to the southeast comer of the Northeast Quarter of said Section 9; thence westerly along the south line of the Northeast Quarter of said Section 9 a distance of 10.063 meters (33.02 feet) to a point on the west right-of-way line of Locust Street; thence northerly deflecting 88 degrees 15 minutes 24 seconds right along the west right-of-way line of Locust Street a distance of 10.063 meters (33.02 feet) to a point, said point also being the Point of Beginning; thence northerly deflecting 0 degrees 00 minutes 00 seconds right along the west right-of-way line of Locust Street a distance of 785.557 meters (2,577.28 feet) to a point on the south right- of-way line of a county road; thence westerly deflecting 87 degrees 49 minutes 47 seconds left along the south right-of-way line of said county road a distance of 11.180 meters (36.68 feet) to a point; thence southerly deflecting 88 degrees 42 minutes 54 seconds left a distance of 46.834 meters (153.65 feet) to a point; thence southerly deflecting 2 degrees 43 minutes 47 seconds left a distance of 460.501 meters (1,510.83 feet) to a point; thence southerly deflecting 0 degrees 57 minutes 04 seconds left a distance of 278.202 meters (912.73 feet) to a point; thence easterly deflecting 88 degrees 01 minutes 58 seconds left a distance of 18.715 meters (61.40 feet) to the point of beginning. Containing an area of 1.374 hectares (3.40 acres), more or less. Approved as to Form T c,d7::: April 8, 1999 ... City Attorney I I I ORDINANCE NO. 8468 (Cont.) SECTION 2. The consideration for such conveyance shall be Three Thousand Four Hundred Dollars ($3,400.00). Conveyance of the real estate above described shall be by warranty deed, upon payment of the consideration. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and publish said notice. SECTION 6. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by registered voters of the City of Grand Island equal in number to thirty percent of the registered voters of the City of Grand Island voting at the last regular municipal election held in such City be filed with the City Council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 7. The conveyance of said real estate is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make, execute and deliver to the County of Hall, a body politic and corporate, a warranty deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 8. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. - 2 - Approved as to Form., az::::- April 8, 1999 ... City Attorney I I I ORDINANCE NO. 8468 (Cont.) Enacted: April 12, 1999. Attest: - 3 - Approved as to Form T ~ April 8, 1999 ... City Attorney I * This Space Reserved for Register of Deeds * ORDINANCE NO. 8469 , An ordinance assessing and 1eyving a special tax to pay the cost of construction of I Sanitary Sewer District No. 486 of the City of Grand Island, Nebraska; providing for the collection of such special tax; repealing any provising of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts and parcels of land specially benefited, for the purpose of paying the cost of construction of said sanitary sewer main in said Sanitary Sewer District No. 486, as adjudged by the Mayor and Council of the City, to the extent of benefits thereto by reason of such improvement, after due I notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts and land as follows: Approved as to Form T r ~ April 8, 1999 ... City Attorney I I I Name Chief Industries Inc. Chief Industries Inc. Commercial Properties Ltd. Commercial Properties Ltd. Michael & Debbie Flodman Michael & Debbie Flodman Neil & Judy Gottlob Lois E. Sandman Charles F. & Nancy K. Gordon Raymond Jack & Connie J. Beberniss Raymond Jack & Connie J. Beberniss Elvina M. Kyriss Elvina M. Kyriss Elvina M. Kyriss, Gary L. Donald, Larry, Robert & Constance Kyriss Douglas H. & Marcia J. Riedy Douglas H. & Marcia J. Riedy Steven S. & Jacqueline R. Jones Steven S. & Jacqueline R. Jones John J. Layher, JI. John J. Layher, JI. Codner JT4, A Partnership Codner JT4, A Partnership Larry Dean & Eloise A. Cornelius Larry Dean & Eloise A. Cornelius Frank L. JI. & Alma M. Mundshenk Frank L. JI. & Alma M. Mundshenk David Al Waskowiak Roger A. & Elizabeth E. Cline Wayne L. & Madonna J. Crosser Kirk A. V ogt ORDINANCE NO. 8469 (Cont.) Description Lot 1, ChiefIndustries Subdivision East 44' of Lot 2, ChiefIndustries Subdivision West 60.5' of Lot 2, ChiefIndustries Subdivision East 89.5' of Lot 3, ChiefIndustries Subdivision West 15' of Lot 3, ChiefIndustries Subdivision Lot 4, ChiefIndustries Subdivision Lot 1, N. & J. Subdivision Lot 1, Reuting's 3rd Subdivision Lot 2, Reuting's 3rd Subdivision Lot 3, Reuting's 3rd Subdivision Lot 4, Reuting's 3rd Subdivision Lot 5, Reuting's 3rd Subdivision Lot 6, Reuting's 3rd Subdivision Lot 7, Reuting's 3rd Subdivision Lot 8, Reuting's 3rd Subdivision Lot 9, Reuting's 3rd Subdivision Lot 10, Reuting's 3rd Subdivision East 36' of Lot 11, Reuting's 3rd Subdivision West 36' of Lot 11, Reuting's 3rd Subdivision Lot 12, Reuting's 3rd Subdivision Lot 4, Reuting's 2nd Subdivision Lot 5, Reuting's 2nd Subdvision Lot 6, Reuting's 2nd Subdivision Lot 7, Reuting's 2nd Subdivision North 94' of Lot 8 and North 94' of Lot 9, Reuting's 2nd Subdivision South 106' of Lot 8 and South 106' of Lot 9, Reuting's 2nd Subdivision South 148.4' of Lot 10, Reuting's 2nd Subdivision North 20' of Lot 10 and all of Lot 11, Reuting's 2nd Subdivision Lot 12, Reuting's 2nd Subdivision Lot 13, Reuting's 2nd Subdivision Assessment 3,645.95 1,535.21 2,110.81 3,122.61 523.34 3,645.95 14,587.65 1,808.52 1,667.69 1,667.69 1,667.69 1,667.69 1,667.69 1,667.69 1,667.69 1,667.69 1,667.69 833.85 833.85 1,667.69 2,846.98 2,846.98 2,003.54 2,003.54 2,177.26 2,455.21 4,026.55 2,432.05 1,968.80 1,968.80 - 2 - Approved as to Form T {'~ April 8, 1999 ... City Attorney I I I Mary Ann & Richard Envo1dsen Jeffrey S. & Teresa A. Webben Juan Gonzalez Elizabeth Roschynia1ski Elizabeth Roschynialski Gerald W. & Julie R. Allbery Al Hemmingsen Mary J. Shriner Gary K. Overmiller - Trustee Glenn R. Jones Michael F. & Marsha R. Jaeger Michael F. & Marsha R. Jaeger Kelvin B. & Paula Darling Janet Kay Houdek Kenneth W. Kroeger & Erma Jean Kroeger Brent L. Johnson Michael L. & Mollie R. Spotanski Robert E. & Opal J. Oswald Robert E. & Opal 1. Oswald Charles E. & Dorothy G. Aubushon Charles E. & Dorothy G. Aubushon Stephen W. & Susan M. Schmitt ChiefIndustries Inc. David A. & Barbara B. Miller Chief Industries Inc. Gary K. Overmiller - Trustee Chief Industries Inc. Chief Industries Inc. Chief Industries Inc. Chief Industries Inc. ChiefIndustries Inc. Gale M. Envoldsen Gale M. Envoldsen William D. Diessner ORDINANCE NO. 8469 (Cont.) Lot 14, Reuting's 2nd Subdivision Lot 15, Reuting's 2nd Subdivision Lot 16, Reuting's 2nd Subdivision Lot 17, Reuting's 2nd Subdivision Lot 18, Reuting's 2nd Subdivision Lot 19, Reuting's 2nd Subdivision Lot 20, Reuting's 2nd Subdivision Lot 21, Reuting's 2nd Subdivision Lot 22, Reuting's 2nd Subdivision Lot 23, Reuting's 2nd Subdivision Lot 24, Reuting's 2nd Subdivision South 61' of Lot 25, Reuting's 2nd Subdivision North 16' of Lot 25 and all of Lot 26, Reuting's 2nd Subdivision Lot 27, Reuting's 2nd Subdivision Lot 28, Reuting's 2nd Subdivision Lot 29, Reuting's 2nd Subdivision Lot 30, Reuting's 2nd Subdivision Lot 31, Reuting's 2nd Subdivision Lot 32, Reuting's 2nd Subdivision Lot 33, Reuting's 2nd Subdivision Lot 34, Reuting's 2nd Subdivision Lot 35, Reuting's 2nd Subdivision Lot 36, Reuting's 2nd Subdivision Lot 37, Reuting's 2nd Subdivision Lot 38, Reuting's 2nd Subdivision Lot 39, Reuting's 2nd Subdivision Lot 40, Reuting's 2nd Subivision Lot 41, Reuting's 2nd Subdivision Lot 42, Reuting's 2nd Subdivision Lot 50, Reuting's 2nd Subdivision Lot 51, Reuting's 2nd Subdivision Lot 52, Reuting's 2nd Subdivision Lot 53, Reuting's 2nd Subdivision Lot 1, Bick's 3rd Subdivision 1,968.80 1,968.80 1,968.80 1,806.66 1,806.66 1,806.66 1,806.66 1,806.66 1,806.66 2,399.16 1,712.63 1,412.90 2,154.10 1,783.50 1,783.50 1,783.50 1,783.50 1,783.50 1,783.50 1,783.50 1,783.50 1,783.50 1,783.50 1,783.50 1,783.50 2,686.49 2,686.49 3,000.50 2,549.38 2,721.38 2,721.38 2,721.38 2,721.38 23,413.29 - 3 - Approved as to Form T ~. April 8, 1999 ... City Attorney I I I ORDINANCE NO. 8469 (Cont.) TOTAL $165,103.17 SECTION 2. The special tax shall become delinquent as follows: One-tenth of the total amount shall become delinquent in fifty days; 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; and one-tenth in nine years respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of fourteen percent (14.0%) per annum shall be paid thereof, until the same is collected and paid. SECTION 3. The treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Sewer and Water Extension Fund" for Sanitary Sewer District No. 486. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. - 4 - Approved as to Form T Cf17:J' April 8, 1999 ... City Attorney I I I ORDINANCE NO. 8469 (Cont.) Enacted: April 12, 1999. Attest: - 5 - Approved as to Form" ~ April 8, 1999 ... City Attorney I * This Space Reserved for Register of Deeds * ORDINANCE NO. 8470 An ordinance assessing and leyving a special tax to pay the cost of construction of I Sanitary Sewer District No. 487 of the City of Grand Island, Nebraska; providing for the collection of such special tax; repealing any provising of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts and parcels of land specially benefited, for the purpose of paying the cost of construction of said sanitary sewer main in said Sanitary Sewer District No. 487, as adjudged by the Mayor and Council of the City, to the extent of benefits thereto by reason of such improvement, after due I notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts and land as follows: -- Approved as to Form'" ~ April 8, 1999 ... City Attorney I I I ORDINANCE NO. 8470 (Cont.) Name Lois I. & Robert W. Koepp Lois I. & Robert W. Koepp Teddy D. Rookstool Teddy D. Rookstool Teddy D. Rookstool Teddy D. Rookstool Yant Equipment Inc. Yant Equipment Inc. Farmland Irrigation Inc. Description Lot 2, FarraH Subdivision Lot 3, FarraH Subdivision Lot 4, FarraH Subdivision Lot 5, FarraH Subdivision Lot 6, FarraH Subdivision Lot 7, FarraH Subdivision Lot 11, FarraH Subdivision Lot 12, FarraH Subdivision Lot 13, FarraH Subdivision Assessment TOTAL 5,028.85 5,028.85 5,028.85 5,028.85 5,028.85 5,028.85 3,391.46 6,301.35 7,623.50 $47,489.41 SECTION 2. The special tax shall become delinquent as follows: One-fifth of the total amount shall become delinquent in fifty days; one-fifth in one year; one-fifth in two years; one-fifth in three years; and one-fifth in four years, respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of fourteen percent (14.0%) per annum shall be paid thereof, until the same is collected and paid. SECTION 3. The treasurer of the City of Grand Island, Nebraska, IS hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Sewer and Water Extension Fund" for Sanitary Sewer District No. 487. - 2 - Approved as to Form T C}fJl::: April 8, 1999 .... City Attorney I I I ORDINANCE NO. 8470 (Cont.) SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: April 12, 1999. K~~ Attest: Cindy - 3 - Approved as to Form T April 8, 1999 ... City Attorney I I I ORDINANCE NO. 8471 An ordinance to amend Chapter 25 of the Grand Island City Code; to add Sections 25-11 through 25-27 pertaining to tattooing and body piercing; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Article II and Sections 25-11 through 25-27 are hereby added to the Grand Island City Code to read as follows: Article II. Tattooing and Body Piercing ~25-11. Tattoo / Body Piercing; License Required It shall be unlawful for any person to engage in the business of operating a tattoo and/or a body piercing establishment without first obtaining a license to engage in such business in accordance with the provisions hereof. ~25-12. Application Fee An application for a new or renewal license shall be filed with the Grand Island-Hall County Health Department accompanied by a fee in the amount of one hundred dollars ($100.00). Upon payment of the license fee, receipt of the application, and receipt of the certificate of inspection, the Health Department Director shall issue a license, valid for one (1) year from the date of issuance, to the applicant, which he/she shall keep displayed in his/her place of business at all times. Any change of ownership of the business licensed shall require a new application and license, with payment of fees therefor. ~25-13. Definitions For the purposes of this Article, the following words and phrases shall have the meanings ascribed to them by this section: Certificate of Inspection: The term "certificate of inspection" shall mean written approval from the Grand Island-Hall County Department of Health that said tattooing and/or body piercing establishment has been inspected and meets all of the terms of this Article relating to operation, maintenance, physical facilities, equipment and layout for operation of such business. Bodv Piercing: The term "body piercing" shall mean the act of penetrating the skin, excluding the earlobes, to make generally permanent in nature, a hole, mark, or scar. Health DelJartment Director: The term "Health Department Director" shall mean the Director of the Grand Island-Hall County Department of Health or his/her authorized representative. OlJerator: The term "operator" shall mean any individual, firm, company, corporation or association that owns or operates an establishment where tattooing and/or body piercing is performed and any individual who performs or practices the art of tattooing and/or body piercing on the person of another. Approved as to Form ~ Apri/14, 1999 .... ity Attorney I I I ORDINANCE NO. 8471 (Cant.) Tattoo: The term "tattoo" shall refer to any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instruments designed to touch or puncture the skin. ~25-14. Health and Sanitary Requirements Each person who operates a tattooing and/or body piercing establishment shall comply with the following requirements: (A) The room in which tattooing and/or body piercing is done shall have an area of not less than one hundred (100) square feet. The walls, floors and ceiling shall have an impervious, smooth and washable surface. (B) A toilet shall be located in the establishment and shall be accessible at all times that the tattooing and/or body piercing establishment is open for business. A separate lavatory will be accessible to the operator to wash his/her hands prior to applying a tattoo or body piercing to a patron. The lavatory shall be supplied with hot and cold running water, soap and sanitary towels, and shall be cleaned and sanitized at least daily. (C) All tables and other equipment shall be constructed of easily cleanable material, shall be painted or finished in a light color, with a smooth washable finish, and shall be separated from waiting customers or observers by a panel at least four (4) feet high or by a door. (D) The entire premises and all equipment shall be maintained in a clean, sanitary condition and in good repair. (E) The operator shall wash his/her hands thoroughly with soap and water before starting to tattoo and/or body pierce; the hands shall be dried with individual, single-use towels. After washing his/her hands, the operator shall rinse his/her hands in seventy percent (70%) alcohol (Rubbing Alcohol) or in an antiseptic solution approved by the Grand Island-Hall County Department of Health. The operator will then don new disposable surgical gloves, and shall wear them while in contact with the customer. Upon completion of his/her work on each customer, the operator shall dispose of the gloves by incineration or autoclave. The operator shall not perform service on more than one (1) person at a time; that is, he/she shall commence and complete or terminate services with a customer, prior to commencing work on another individual. (F) No tattooing and/or body piercing shall be done on any skin surface that has rash, pimples, boils, infections or manifests any evidence of unhealthy conditions. (G) No skin area shall be penetrated, abraded or treated with chemicals for the purpose of removing, camouflaging or altering any blemish, birthmark or scar. In the event a tattoo is changed, a record must be made and be kept in the client's record. (H) Only disposable razors with a new, single-service blade shall be used on each customer or patron and then shall be sterilized and disposed of as soon as possible by incineration. (1) The area to be tattooed and/or pierced shall first be thoroughly washed for a period of two (2) minutes with warm water to which has been added an antiseptic liquid soap. A sterile single-use sponge shall be used to scrub the area. After shaving and before tattooing and/or piercing is begun, a solution of seventy percent (70%) alcohol shall be applied to the area with a single-use sponge used and applied with a sterile instrument. Sponges shall be disposed of by sterilization and incineration. (1) Only sterile petroleum jelly in single-service disposable containers, if available, or collapsible metal or plastic tubes, or its equivalent as approved by the Grand Island-Hall County Department of Health, shall be used on the area to be tattooed and/or pierced and it shall be applied with sterile gauze which shall then be discarded and disposed of by incineration or autoclave. Petroleum jelly or an approved alternate substance shall not be applied directly with the fingers. (K) The use of styptic pencils, alum blocks or other solid styptics to check the flow of blood is prohibited. - 2 - Approved as to Form " April 14, 1999 ... City Attorney I I I ORDINANCE NO. 8471 (Cont.) (L) Inquiry shall be made of each customer, and anyone giving a history of jaundice, hepatitis, lymphadenopathy or lymphadenitis (swelling of lymph nodes) Aids (HIV+) positive, or a history of blood donation exclusion (for other than hypertension and immediate illness) may not be tattooed and/or body pierced. Inquiry shall be recorded on an appropriate form which shall be executed by the customer and operator, and retained by the licensee for a period of not less than three (3) years. (M) Single-service individual containers of dye or ink shall be used for each patron, and the container therefor shall be discarded immediately after completing work on a patron and any dye in which the needles were dipped shall not be used on another person. Excess dye or ink shall be removed from the skin with an individual sterile sponge or a disposable paper tissue which shall be used only on one (1) person and then immediately discarded and disposed of with other hazardous medical waste. After completing work on any person, the tattooed and/or pierced area shall be washed with sterile gauze saturated with an antiseptic soap solution approved by the Grand Island-Hall County Department of Health, or a seventy percent (70%) alcohol solution. The tattooed and/or pierced area shall be allowed to dry and sterile petroleum jelly from a single-service disposable container, if available, or from collapsible metal or plastic tubes, shall be applied, using sterile gauze. A sterile gauze dressing shall then be fastened to the tattooed area with adhesive and/or the pierced area as needed. (N) All tattoo and/or body piercing work shall be performed with a single-service sterile needle, which shall be disposed of immediately after use on one (1) customer by sterilization and incineration. The operator shall not remove tattoos, nor shall they be done over the site of obviously recent hypodermic injections. A single-service tube should be used in conjunction with a new needle. After use the tube shall be sterilized. (0) Operator is responsible for issuing after-care instructions for each body piercing. (P) No animals may be kept or allowed in the place of business at any time. (Q) Private residences or dwelling units are prohibited in the place of business unless the tattooing and/or body piercing operation is conducted in a separate and distinct location from the normal living quarters of a residential dwelling. 925-15. Storing ofInstruments All clean and ready-to-use needles and instruments shall be kept in a closed glass or metal case or storage cabinet while not in use. Such cabinet shall be maintained in a sanitary manner at all times. 925-16. Sterilizing of Instruments A steam sterilizer (autoclave) shall be provided for sterilizing all needles and similar instruments before use on any customer, person or patron. (Alternate sterilizing procedures may only be used when specifically approve by the Grand Island-Hall County Department of Health.) Sterilization of equipment will be accomplished by exposure to live steam for at least sixty (60) minutes at a minimum pressure of fifteen (15) pounds per square inch, temperature of two hundred fifty degrees Fahrenheit (2500) or one hundred twenty-one degrees Celsius (121 oe). Preparation of Instruments for Sterilization. After each tattoo job, the tattoo machine shall be placed in an ultrasonic type machine to remove the excess dye from the tubes and needle bars. When this process is completed the tubes and needle bars shall be removed from the tattoo machines. They shall then be placed into a covered container for sterilization by autoclaving. Sterilizing of Instruments. Steam sterilizers, approved by the Grand Island-Hall County Department of Health, shall be provided for each establishment. All needle bars, grips, tubes and instruments which pierce the skin, directly and in piercing the skin or come in contact with instruments which pierce the skin shall be sterilized before using on each customer by autoclaving under fifteen (15) pounds pressure for fifteen (15) minutes. The temperature maintained in autoclaving shall not be less than two hundred fifty degrees Fahrenheit (2500F) or one hundred twenty-one degrees Celsius (121 oe). - 3 - Approved as to Form T ~ April 14, 1999 ... City Attorney I I I ORDINANCE NO. 8471 (Cont.) Storing of Instruments. All tubes, grips and needle bars shall be left in the wrappers used during the autoclaving process. These wrapped articles shall be stored in a closed glass case or storage cabinet and shall be maintained in a sanitary manner at all times. The wrappers shall not be removed from the tubes, grips or needle bars until a tattoo and/or body piercing job is begun. S25-17. Use ofInstruments The needles and instruments required to be sterilized shall be so used, handled and temporarily placed during tattooing and/or body piercing so that they will not be contaminated. Each operator should have a minimum of eight (8) sets of tubes. (A set consist of 1 outliner, 1 shade). S25-18. Incineration of Wastes All used items and equipment must be autoclaved at fifteen (15) PSI and two hundred fifty degrees Fahrenheit (2500F) for fifteen (15) minutes, and then discarded in double-lined plastic bags in clean closable receptacles, and shall be incinerated as soon as possible after use. S25-19. Records (A) Permanent records for each patron or customer shall be maintained by the licensee or operator of the establishment. Before the tattooing and/or body piercing operation begins, the patron or customer shall be required personally to enter, on a record form provided for such establishments, the date, hislher name, address, age, driver's license number or other acceptable photo identification, the responses to the inquiries set forth in S25-14(L), and hislher signature. A copy of the driver's license or photo identification shall be attached to and retained with the permanent record. (B) Daily logs must be kept detailing sterilization of instruments. (C) All such records required to be retained shall be kept by the operator or licensee for a period of not less than five (5) years. In the event of a change of ownership or closing the business, all such records shall be made available to the Grand Island-Hall County Department of Health or law enforcement officer of the City upon request. S25-20. Infections No person, customer or patron having any skin infection or other disease of the skin or any communicable disease shall be tattooed and/or body pierced. All infections resulting from the practice of tattooing and/or body piercing which become known to the operator shall promptly be reported to the Grand Island-Hall County Department of Health by the person owning or operating the tattooing and/or body piercing establishment, and the infected client shall be referred to a physician. S25-21. Pigments and Dyes All pigments, dyes, colors, etc. used in tattooing shall be sterile and free from bacteria, virus particles and noxious agents and substances, and the pigments, dyes and colors used from stock solutions for each customer or patron shall be placed in a single-service receptacle and such receptacle and remaining solution shall be discarded and disposed of after use on each customer or patron. S25-22. Bandages and Surgical Dressings All bandages and surgical dressings used in connection with the tattooing and/or body piercing of a person shall be sterile. S25-23. Certificate of Inspection An applicant for a license to operate a tattooing and/or body piercing establishment shall first obtain a certificate of inspection from the Grand Island-Hall County Department of Health, indicated the establishment has been inspected and is in compliance with the provisions of this Article. - 4 - Approved as to Form T April 14, 1999 ... City Attorney I I I ORDINANCE NO. 8471 (Cont.) ~25-24. Inspections The Health Department Director shall conduct periodic inspections of any tattooing and/or body piercing establishment for the purpose of determining whether or not said establishment and the persons performing the art of tattooing and/or body piercing thereon are in compliance with all applicable health provisions contained within this Article and other pertinent ordinances at least once each calendar year. It shall be unlawful for any person or operator of a tattooing and/or body piercing establishment willfully to prevent or restrain the Health Department Director from entering any licensed establishment where tattooing and/or body piercing is being performed for the purpose of inspecting said premises, after proper identification is presented to the operator. ~25-25. Tattooing and / or Body Piercing of Minors No person in the City shall tattoo and/or body pierce any unmarried minor under the age of eighteen (18) years unless the parent, guardian or other person having charge and custody of said minor shall first have given his/her written consent to such tattooing and/or body piercing of such minor. The identity of the consenting party shall be verified by drivers license number or other acceptable photo identification. The written consent must be signed at the tattooing and/or body piercing establishment by the parent, guardian or other person having charge and custody of said minor. A copy of the driver's license or photo identification shall be attached to and retained with the written consent. The burden for ensuring compliance with this section shall be on the operator. ~25-26. Hours of Operation Operators of tattoo and/or body piercing businesses shall not commence new tattoo and/or body piercing work after the hour of eleven o'clock (11 :00) P.M. ~25-27. Penalty In addition to the revocation and suspension of any license, any person violating any provisions of this Article shall be punished in accordance with the penalties set forth in ~ 1-7 of this Code for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. SECTION 2. The title of Chapter 25 of the Grand Island City Code is hereby amended to read as follows: PAWNBROKERS, TATTOOING and BODY PIERCING. SECTION 3. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: April 12, 1999. - 5 - Approved as to Form T April 14, 1999 .t. City Attorney I I I ORDINANCE NO. 8471 (Cant.) ~~- Ken y6'adt, Mayor Attest: - 6 - Approved as to Form ... April 14, 1999 ... City Attorney I I I ORDINANCE NO. 8472 An ordinance to direct and authorize the conveyance of property to the County of Hall, a body politic and corporate; to provide for the giving of notice of such conveyance and the terms thereof; to provide for the right to file a remonstrance against such conveyance; to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The conveyance to the COUNTY OF HALL, a body politic and corporate, of an undivided one-half interest in property described as follows: Lots Three (3 ) and Four (4) in Block Fourteen (14) in Arnold & Abbott's Addition to the Town, now City of Grand Island, Hall County, Nebraska; That part of vacated Adams Street, being eighty (80) feet in width, lying between the westerly line of Block Fourteen (14) and the easterly line of Block Fifteen (15), and being two hundred eighty (280) feet in length from the northerly line of Third Street to the southerly line of South Front Street, all being in Arnold and Abbott's Addition in the City of Grand Island, Hall County, Nebraska, vacated by Ordinance No. 4999; Lots One (1), Seven (7) and Eight (8) and Fractional Lots Two (2), Three (3) and Six (6) all in Fractional Block Fifteen (15) of Arnold & Abbott's Addition to the Town, now City of Grand Island, Nebraska, with their complements, being Fractional Lots Six (6) and Seven (7) in Fractional Block One (1) of Spaulding and Gregg's Addition to the City of Grand Island, Hall County, Nebraska, and Fractional Lots Two (2), Three (3), Four (4) and Six (6) in Fractional Block Twenty-one (21) of The Bonnie Brae Addition to Grand Island, Hall County, Nebraska; and Fractional Lot Five (5) in Block One (1) of Spaulding and Gregg's Addition and Fractional Lot Five (5) in Block Fifteen (15) of Arnold & Abbott's Addition, and Fractional Lot Five (5) in Block Twenty One (21) of Bonnie Brae Addition and Fractional Lot Five (5) in Block Nine (9) in Kernohan & Decker's Addition, all being additions to the City of Grand Island, Hall County, Nebraska, said fractional lots forming together one full rectangular lot having a frontage of sixty- six (66) feet on Third Street and a depth of one hundred and forty (140) feet and bounded on the west by Jefferson Street. Approved as to Form April 9, 1999 I I I ORDINANCE NO. 8472 (Cont.) SECTION 2. The consideration for such conveyance shall be Two Hundred Fifty Thousand Dollars ($250,000.00). Conveyance of the real estate above described shall be by Warranty deed, upon payment of the consideration pursuant to the terms and conditions of an Agreement For Sale of Property By and Between the County of Hall and the City of Grand Island. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and publish said notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by registered voters of the City of Grand Island equal in number to thirty percent of the registered voters of the City of Grand Island voting at the last regular municipal election held in such City be filed with the City Council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make, execute and deliver to The County of Hall, a body politic and corporate, a warranty deed for said real estate, and the execution of such warranty deed is hereby authorized without further action on behalf of the City Council. - 2 - Approved as to Form T April 9, 1999 J. City Attorney I I I ORDINANCE NO. 8472 (Cont.) SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: April 12, 1999. Ke~ Attest: u - 3 - Approved as to Form T ~r April 9, 1999 & CIty ttomey I * This space reserved for Register of Deeds * ORDINANCE NO. 8473 An ordinance to vacate the plat for Meadowlark West 2nd Subdivision except for Lot Three (3), and all dedicated public right-of-way for 13th Street and Webb Road; to provide for the filing of this ordinance in the office of the Register of Deeds of Hall County; to repeal I any ordinance or parts of ordinances in coollict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the plat dated December 23, 1980 and approved by the City of Grand Island on January 19, 1981 for Meadowlark West 2nd Subdivision is hereby vacated, with the exception of Lot Three (3), provided and conditioned that the City of Grand Island hereby retains all dedicated public right-of-way for 13th Street and Webb Road. SECTION 2. The title to the property vacated by Section 1 of this ordinance shall revert to the owner or owners of the real estate abutting the same in proportion to the respective I ownership of such real estate. Approved as to Form T ca.r- April 22, 1999 A City Attorney I I I ORDINANCE NO. 8473 (Cont.) SECTION 3. This ordinance is directed to be filed in the office of the Register of Deeds ofRall County, Nebraska. SECTION 4. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 5. This ordinance shall be in force and take effect: (A) from and after its passage and publication within fifteen days in one issue of the Grand Island Independent as provided by law; and, (B) after City Council approval of the final plat of Meadowlark West Third Subdivision, and its subsequent recording in the office of the Rall County Register of Deeds. Enacted: April 26, 1999. Attest: - 2 - Approved as to Form,. ~ Apri122,1999 .A. City Attorney I I I ORDINANCE NO. 8474 An ordinance to amend Chapter 17 of the Grand Island City Code; to amend Section 17-27 to delete reference to yard waste; to amend Section 17-29 to clarify payment schedule; to repeal Section 17-27 and 17-29 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 17-27 ofthe Grand Island City Code is hereby amended to read as follows: ~17-27. Landfill Site The City of Grand Island shall provide suitable landfill or transfer station areas for the disposal of garbage and refuse. All garbage and refuse collectors licensed by the City of Grand Island shall deposit all garbage and refuse collected in such areas. It shall be unlawful, except as set forth herein, to unload or deposit any garbage, refuse and the contents of privy vaults and cesspools hauled from any premises within the corporate limits of the City of Grand Island, and destined for disposal within the State of Nebraska, at any place other than the approved disposal site designated as the landfill or transfer station areas provided by the City of Grand Island. All garbage and refuse lawfully deposited in City landfill areas shall become the property of the City of Grand Island. SECTION 2. Section 17-29 of the Grand Island City Code is hereby amended to read as follows: ~17-29. Fees (A) All persons who dispose of Municipal Solid Waste at the City transfer station, or the Grand Island Regional landfill when permitted, shall pay to the City for such dumping privileges, for each load, an amount as follows: Transfer Station (1) Municipal Solid Waste: A. In County................................... $ 9.40/cubic yard; $4.70 minimum charge B. Out-County (long term) ................. $14.1O/cubic yard; $7.05 minimum charge C. Out-County (short term).................. $ 18.80/cubic yard; $9.40 minimum charge An additional charge of $2.50 per cubic yard shall apply when the delivering vehicle is not properly equipped or the load is not completely covered, or otherwise contained or securely fastened as required by this chapter or other applicable laws. Penalty provision applies to all loads. (2) Tires: A. $3.25 per passenger car tire $13 .25 per passenger car tire - mounted B. $10.00 per truck tire $25.00 per truck tire - mounted Approved as to Form T CdZ;)' April 22, 1999 ... City Attorney I I I ORDINANCE NO. 8474 (Cant.) C. $25.00 per implement tire $50.00 per implement tire - mounted (3) Yard Waste, Clean Trees & Branches: A. Yard Waste*: Clean grass, leaves, other compostable yard and garden wastes (Free of trash and debris. All plastic bags to be removed by hauler).......................................... $5.00cy; $2.50 minimum B. Clean Trees & Branches*: Limbs, whole trees 10" or less in diameter, no trash or debris....................... $2.50cy; $1.25 minimum *Non-compostable wastes, large stumps, and all other acceptable solid waste subject to general solid waste disposal charges. (4) Special Waste Disposal Rates: Special wastes as defined in ~ 17 -1 and so designated by the Solid Waste Superintendent or his/her designee as requiring additional handling due to disposal method and/or operational considerations shall be charged at two (2) times the applicable in-county or out-county rate. Due to the additional handling necessary to process the disposal of special waste, no special waste will be accepted within one hour of the end of the working day. Landfill (5) Municipal Solid Waste: A. In County....................................... $ 6.25cy B. Out-County (long term).. ...... ...... ........ 9.40cy C. Out-County (short term)..................... 12.50cy An additional charge of $2.50 per cubic yard shall apply when the delivering vehicle is not properly equipped, or the load is not completely covered, or otherwise contained or securely fastened as required by this chapter or other applicable laws. Penalty provision applies to all loads. **No special waste (i.e., asbestos, contaminated soils, etc.) accepted from short term contract holders. (6) Special Waste Disposal Rates: A. Fuel Contaminated Soils: Requires Nebraska Dept of Environmental Quality pre-approved and notification to landfill as follows: In County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Out-County (long term).............. .... Out-County (short term)................. $15.00 cy; $15.00 minimum $25.00 cy; $25.00 minimum $30.00 cy; $30.00 minimum B. Asbestos (ACM): Will require Nebraska Dept of Environmental Quality pre-approval and notification to landfill. Disposal only during scheduled hours. Haulers shall use same equipment and procedures at disposal area as required for removal procedures. ACM shall be in approved condition and/or containers. (Conditions subject to change as required by federal, state, or local rules and regulations.) In County........................................ $45.00 cy; $45.00 minimum Out-County (long term)........................ $67.50 cy; $67.50 minimum Out-County (short term)........................ $90.00 cy; $90.00 minimum C. Special Waste Disposal Rates: Special wastes as defined in ~17-1 and so designated by the Solid Waste Superintendent or his/her designee as requiring additional handling due to disposal method and/or operational considerations shall be charged at two (2) times the applicable in-county or out-county rate. Due to the additional handling necessary to process the disposal of special waste, no special waste will be accepted within one hour of the end of the working day. (7) Street Sweepings: $3.50 per cubic yard No Municipal Solid Waste shall be accepted from outside of Hall County until an agreement is approved by the Solid Waste Agency covering the receipt of same. (B) The fees set forth in subsection (A) above in excess of the stated minimums shall be calculated at a rate based upon the capacity of the hauling vehicle as determined by the persons in charge of the transfer station and landfill and not upon the actual amount of refuse; provided, that partial loads may be charged as follows. - 2 - Approved as to Form CfJ2-- April 22, 1999 0 City Attorney I I I ORDINANCE NO. 8474 (Cont.) (1) Amounts contained within less than 50 percent of vehicle's cargo area: 50% of base fee for rate capacity; (2) Amounts contained within less than 75 percent but more than 50 percent of the vehicle's cargo area: 75% of base fee for rate capacity; (3) Amounts contained within less than 100 percent but more than 75 percent of the vehicle's cargo area: the base fee for rated capacity; (4) It shall be the responsibility of the hauler to demonstrate which loads qualify for a rate less than the full rate, but the determination of the rate to be charged shall be made by the transfer station or landfill attendant, and borderline cases shall be resolved in favor ofthe higher rate. (C) If full payment is not received by the 20th of each month in the month it is due, a late payment charge shall be assessed. This charge shall be one percent (1 %) per month of the unpaid balance. (D) The above fees may be waived by order of the mayor when, in the discretion of the mayor, the public health, safety, and welfare of the community would be enhanced by the waiving of such fees because of city-wide or district cleanup or improvement campaigns, or because of fire, flood, tornado, or other event, or series of events, causing extensive damage to the homes and property of the residents of the City of Grand Island. This section shall not be construed to permit the mayor to waive fees for garbage and refuse licensees under this chapter, disposing of garbage, refuse and waste materials for hire at the City transfer station or sanitary landfill in the normal course of their business. SECTION 3. Section 17-27 and 17-29 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: April 26, 1999. K~ Attest: 1 n~v - 3 - Approved as to Form (I(f!-- April 22, 1999 0 City Attorney I I I ORDINANCE NO. 8475 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land located in the West Half of the Northeast Quarter (WY2 NEY4) of Section Thirteen (13), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., Hall County, Nebraska, from TA-Transitional Agriculture Zone to B2-General Business Zone; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7; and providing for publication and an effective date ofthis ordinance. WHEREAS, the Regional Planning Commission on May 5, 1999, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Board of Education of School District No.2 in Hall County, Nebraska; and WHEREAS, after public hearing on May 10, 1999, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The tract of land located in the West Half of the Northeast Quarter (W12 NEY4) of Section Thirteen (13), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., Hall County, Nebraska, more particularly described as follows: Referring to the Aluminum Cap for the North One-Quarter of Section 13, Township 11 North, Range 10 West of the 6th P.M., Hall County, Nebraska and also said point is the Northwesterly Corner of Park Island Square Subdivision to the City of Grand Island, located in the Northwest Quarter of the Northeast Quarter of Section 13, Township 11 North, Range 10 West of the 6th P.M., Hall County, Nebraska; thence S 00033'11" E, (an assumed bearing), and on the West Line of the Northeast Quarter of said Section 13 and Park Island Square Subdivision, a distance of 40.00 feet to a 12" Pipe for a point being on the Approved as to Form T CiflC' May 6, 1999 ... City Attorney I ORDINANCE NO. 8475 (Cont.) I Southerly Right-of-Way Line of 13th Street and also the Point of Beginning; thence S 89052'23" E, parallel with and 40 feet Southerly of the North Line of the Northeast Quarter of said Section 13 or the Southerly Line of 13th Street, a distance of 395.10 feet to a point 0.15 feet South of a 12" Pipe for the Northwesterly Comer of Park Island Square Subdivision to the City of Grand Island, located in the Northwest Quarter of the Northeast Quarter of Section 13, Township 11 North, Range 10 West of the 6th P.M., Hall County, Nebraska; thence S 00033'17" E, and on the Westerly Line of said Park Island Square Subdivision and Park Island Square Second Subdivision to the City of Grand Island, located in the Northwest Quarter of the Northeast Quarter of Section 13, Township 11 North, Range 10 West of the 6th P.M., Hall County, Nebraska, a distance of 974.25 feet to a point 0.09 feet west of a 12" Pipe for the Southwesterly Comer of the remaining portion of Lot 1 of said Park Island Square Second Subdivision or the Northwesterly Comer of Lot 1, Park Island Square Third Subdivision to the City of Grand Island, located in the Northwest Quarter of the Northeast Quarter of Section 13, Township 11 North, Range 10 West of the 6th P.M., Hall County; thence N 89034'25" E, and on the Southerly Line of the remaining portion of Lot 1 of said Park Island Square Second Subdivision or the Northerly Line of Lot 1 of said Park Island Square Third Subdivision, a distance of 427.25 feet to a 5/8" Rebar for the Northeasterly Comer of Lot 1 of said Park Island Square Third Subdivision; thence S 00022'04" E, and on the Westerly Line of the remaining portion of said Park Island Square Second Subdivision or the Easterly Line of Lot 1 of said Park Island Square Third Subdivision, a distance of 64.77 feet to a 12" Pipe for the Southwesterly Comer of the remaining portion of Lot 1 of said Park Island Square Second Subdivision or the North, Southeasterly Comer of Lot 1 of said Park Island Square Third Subdivision; thence N 89033'09" E, and on the Southerly Line of the remaining portion of Lot 1 of said Park Island Square Second Subdivision or the Northerly Line of Lot 1 of said Park Island Square Third, a distance of 324.24 feet to a 5/8" Rebar for the Southeasterly Comer of the remaining portion of Lot 1 of said Park Island Square Third Subdivision and also said point is on the Westerly Right-of-Way Line of Diers Avenue; thence S 0026'41" E, and on the Easterly Line of Lots 1 and 2 of said Park Island Square Third Subdivision or the Westerly Right-of-Way Line of Diers Avenue, a distance of 246.98 feet to a 5/8" Rebar for the Southeasterly Comer of Lot 2 of said Park Island Square Third Subdivision; thence S 89047'02" E, a distance of 45.00 feet to a 5/8" Rebar being on the Westerly Right-of-Way Line of U.S. Highway No. 281 or the Easterly Right-of-Way Line of said Diers Avenue; thence S 00026'41" E, parallel with and 120 feet Westerly of the East Line of the West-Half of the Northeast Quarter of said Section 13 and on the Westerly Right- of-Way Line of said U.S. Highway No. 281, a distance of 1238.48 feet to a 5/8" Rebar for the point on the Northerly Right-of-Way Line of Faidley Avenue and the Westerly Right-of-Way Line of U.S. Highway No. 281; thence N 89040'44" W, parallel with and 80 feet Northerly of the Southerly Line of the Northeast Quarter of said Section 13 or the Northerly Right-of-Way Line of said Faidley Avenue, a distance of305.03 feet to a point 0.09 feet West ofa 12" Pipe; thence S I Approved as to Form T (".qt::: May 6,1999 A City Attorney - 2 - I I I ORDINANCE NO. 8475 (Cont.) 00026'41" E, parallel with and 425.00 feet Westerly of the East Line of the West- Half of the Northeast Quarter of said Section 13, a distance of 80.01 feet to a 5/8" Rebar for a point on the South Line of the Northeast Quarter of said Section 13; thence N 89040'44" W, and on the South Line of the Northeast Quarter of said Section 13, a distance of 883.53 feet to a point 0.27 feet North and 0.24 feet West of a 5/8" Rebar for the Center One-Quarter Comer of said Section 13; thence N 00033'1l"W, and on the West Line of the Northeast Quarter of said Section 13, a distance of 2593.19 the point of beginning and containing a calculated area of 2,257,421.66 square feet or 52.823 acres, more or less; is hereby rezoned and reclassified and changed from TA-Transitional Agriculture Zone to B2- General Business Zone. SECTION 2. The Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-7 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: May 10, 1999. Attest: tlut~/<(l!cf I(1)U Cindy K. John n, CIty Clerk - 3 - Approved as to Form T (J/Z--" May 6, 1999 ... City Attorney I * This Space Reserved for Register of Deeds * ORDINANCE NO. 8476 An ordinance to assess and levy a special tax to pay the cost of construction of I Street Improvement District No. 1204 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts and parcels of land specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 1204, as adjudged by the Council of said City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after I due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts and land as follows: Approved as to Form T ~ May 6, 1999 ... City A torney I I I Name Jerry G. Aldana Agnes K. Wilson Hugo G. & Susan L. Wiese Hugo G. & Susan L. Wiese Hugo G. & Susan L. Wiese Hugo G. & Susan L. Wiese Hugo G. & Susan L. Wiese Hugo G. & Susan L. Wiese Hugo G. & Susan L. Wiese Rockney L. Muir and Mary E. Muir Rockney L. Muir and Mary E. Muir Donnie Dean Muir, Terry Glen Muir, and Rockney Lynn Muir Donnie Dean Muir, Terry Glen Muir, and Rockney Lynn Muir Donnie Dean Muir, Terry Glen Muir, and Rockney Lynn Muir Donnie Dean Muir, Terry Glen Muir, and Rockney Lynn Muir Donnie Dean Muir, Terry Glen Muir, and Rockney Lynn Muir Michael R. Goer! Michael R. Goer! TOTAL ORDINANCE NO. 8476 (Cant.) Description Lot 1, Nagorski Subdivision Lot 2, Nagorski Subdivision Lot 1, Block 3, Pleasant Hill Addition Lot 2, Block 3, Pleasant Hill Addition Lot 3, Block 3, Pleasant Hill Addition Lot 4, Block 3, Pleasant Hill Addition Lot 5, Block 3, Pleasant Hill Addition Lot 6, Block 3, Pleasant Hill Addition Lot 7, Block 3, Pleasant Hill Addition Lot 8, Block 2, Pleasant Hill Addition Lot 9, Block 2, Pleasant Hill Addition Lot 10, Block 2, Pleasant Hill Addition Assessment 4,937.13 4,937.13 1,986.35 1,693.79 1,693.79 1,693.79 1,693.79 1,693.79 1,693.79 1,693.79 1,693.79 1,693.79 Lot 11, Block 2, Pleasant Hill Addition 1,693.79 Lot 12, Block 2, Pleasant Hill Addition 1,693.79 Lot 13, Block 2, Pleasant Hill Addition 1,693.79 Lot 14, Block 2, Pleasant Hill Addition 1,986.35 Part of Lot 26 lying east of Poplar Street and south of 12th Street in County Subdivision in Section 10-11-9 Part of Lot 27 lying east of Poplar Street and south of 12th Street in County Subdivision in Section 10-11-9 6,794.58 3,079.61 $44,046.63 SECTION 2. The special tax shall become delinquent as follows: One-tenth of the total amount shall become delinquent in fifty days; 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; and one-tenth in nine years respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against - 2 - Approved as to Form T ~ May 6, 1999 4. City Attorney I I I ORDINANCE NO. 8476 (Cont.) any lot, tract or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of fourteen percent (14.0%) per annum shall be paid thereon, until the same is collected and paid. SECTION 3. The treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving District Assessment Fund" for Street Improvement District No. 1204. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: May 10, 1999. Attest: - 3 - Approved as to Form T ~ May 6, 1999 ... City Attorney I * This Space Reserved for Register of Deeds * ORDINANCE NO. 8477 An ordinance to assess and levy a special tax to pay the cost of construction of I Street Improvement District No. 1205 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts and parcels of land specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 1205, as adjudged by the Council of said City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after I due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts and land as follows: Approved as to Form T ~ May 6, 1999 ... City A torney I I I Name Edwin C. & Janice K. Sittler Tony & Kristy M. Casarez Camela L. Fritz Sally A. Collier Jerry Aldana Jerry Aldana Wesley S. & Melva Sandquist Wesley S. & Melva Sandquist Wesley S. & Melva Sandquist Jerry Aldana Agnes K. Wilson Hugo G. & Susan L. Wiese Esther M. Skinner, Trustee Ramiro M. & Marla Y. Mendez Gerald Aldana Keith W. & Roxanne K. Freeman Keith W. & Roxanne K. Freeman Gordon F. Backer Gordon F. Backer Gordon F. Backer Sally S. Workman Helen L. Wenn Jean L. Hesselmann Cornelius TOTAL ORDINANCE NO. 8477 (Cont.) Description Lot 5, Block 1, George Loan's Subdivision Lot 6, Block 1, George Loan's Subdivision Lot 7, Block 1, George Loan's Subdivision Lot 8, Block 1, George Loan's Subdivision Lot 5, Block 2, George Loan's Subdivision Lot 6, Block 2, George Loan's Subdivision Lot 7, Block 2, George Loan's Subdivision Lot 8, Block 2, George Loan's Subdivision West half of vacated Poplar Street adjacent to Lot 8, Block 2, George Loan's Subdivision Lot 1, Nagorski Subdivision Lot 2, Nagorski Subdivision North 22.16' of Lot 1, Block 3, Pleasant Hill Addition North 12.16' of Lot 14, Block 3, Pleasant Hill Addition South 53' of tract east of Cherry Street and south of Ith Street in Lot 26, County Subdivision in Section 10-11-9 South 58.5' of north 79.5' of tract south of 12th Street and east of Cherry Street in Lot 26, County Subdivision in Section 10-11-9 North 21' of Lot 26, south of 12th Street and east of Cherry Street in County Subdivision in Section 10-11-9 Lot 27 south of 12th Street and east of Cherry Street in County Subdivision in Section 10-11-9 Lot 26 west of Cherry Street and south of 12th Street in County Subdivision in Section 10-11-9 Lot 27 west of Cherry Street and south of 12th Street in County Subdivision in Section 10-11-9 North 12.16' of Lot 1, Block 4, Pleasant Hill Addition North 12.16' of Lot 14, Block 4, Pleasant Hill Addition West 138.75' of Lot 26, County Subdivision in Section 10- 11-9 West 138.75' of Lot 27, County Subdivision in Section 10- 11-9 Assessment 3,895.04 3,895.04 3,895.04 3,895.04 3,895.04 3,895.04 3,895.04 3,895.04 1,386.87 6,325.21 2,077.97 233.73 102.26 681.09 1,440.70 812.56 5,678.81 3,257.14 6,303.48 113.50 113.50 3,257.14 6,303.52 $69,247.80 - 2 - Approved as to Form T ~ May 6, 1999 ... City ttorney I I I ORDINANCE NO. 8477 (Cont.) SECTION 2. The special tax shall become delinquent as follows: One-tenth of the total amount shall become delinquent in fifty days; 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; and one-tenth in nine years respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of fourteen percent (14.0%) per annum shall be paid thereon, until the same is collected and paid. SECTION 3. The treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving District Assessment Fund" for Street Improvement District No. 1205. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: May 10, 1999. - 3 - Approved as to Form" CJ(i5 May 6, 1999 ... City Attorney I I I Attest: CtiL ORDINANCE NO. 8477 (Cant.) - 4- Approved as to Form T ~ May 6,1999 ... City Attorney I * This Space Reserved for Register of Deeds * ORDINANCE NO. 8478 An ordinance to assess and levy a special tax to pay the cost of construction of I Street Improvement District No. 1206 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts and parcels of land specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 1206, as adjudged by the Council of said City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after I due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts and land as follows: Approved as to Form T ~ May 6, 1999 .... City At orney I I I ORDINANCE NO. 8478 (Cant.) Name Hugo G. & Susan L. Wiese Raymond D. Wooten Tamara S. Carlson Description Lot 1, Block 1, George Loan's Subdivision Lot 2, Block 1, George Loan's Subdivision Lot 3, Block 1, George Loan's Subdivision Lot 4, Block 1, George Loan's Subdivision Lot 5, Block 8, George Loan's Subdivision Lot 6, Block 8, George Loan's Subdivision Lot 7, Block 8, George Loan's Subdivision Lot 8, Block 8, George Loan's Subdivision Assessment Teddy Joe & Vivian M. Walford Ore G. & Pamela K. Thompson Ore G. & Pamela K. Thompson Ore G. & Pamela K. Thompson Thomas D. & Leona M. Aguilar 3,529.78 3,529.78 3,529.78 3,529.78 3,529.78 3,529.78 3,529.78 3,529.76 $28,238.22 TOTAL SECTION 2. The special tax shall become delinquent as follows: One-tenth of the total amount shall become delinquent in fifty days; 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; and one-tenth in nine years respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of fourteen percent (14.0%) per annum shall be paid thereon, until the same is collected and paid. SECTION 3. The treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. - 2 - Approved as to Form T ~ May 6, 1999 ... City ttomey I I I ORDINANCE NO. 8478 (Cont.) SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving District Assessment Fund" for Street Improvement District No. 1206. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: May 10, 1999. Attest: Larr - 3 - r Approved as to Form T CJfI!!!:.- May 6, 1999 .... City Attorney I * This Space Reserved for Register of Deeds * ORDINANCE NO. 8479 An ordinance to assess and levy a special tax to pay the cost of construction of I Street Improvement District No. 1207 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts and parcels of land specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 1207, as adjudged by the Council of said City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after I due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts and land as follows: Approved as to Form" ~ May 6, 1999 ... City ttorney I I I Name Gordon F. Backer Gordon F. Backer Gordon F. Backer Gordon F. Backer Gordon F. Backer Gordon F. Backer Gordon F. Backer Mario C. & Gloria M. Cervantes Mario C. & Gloria M. Cervantes Francisco 1. & Maria E. Tinajero Francisco J. & Maria E. Tinajero Francisco J. & Maria E. Tinajero Lloyd & Victoria Guadalupe Lloyd & Victoria Guadalupe Esther M. Skinner, Trustee Esther M. Skinner, Trustee Gordon F. Backer Gordon F. Backer Ramiro M. & Maria Y. Mendez Gerald Aldana Keith W. & Roxanne K. Freeman Keith W. & Roxanne K. Freeman Hugo G. & Susan L. Wiese Raymond C. Wooten Camela L. Fritz Sally A. Collier Wesley S. & Melva F. Sandquist Wesley S. & Melva F. Sandquist ORDINANCE NO. 8479 (Cont.) Description Lot 1, Block 4, Pleasant Hill Addition Lot 2, Block 4, Pleasant Hill Addition Lot 3, Block 4, Pleasant Hill Addition Lot 4, Block 4, Pleasant Hill Addition Lot 5, Block 4, Pleasant Hill Addition Lot 6, Block 4, Pleasant Hill Addition Lot 7, Block 4, Pleasant Hill Addition Lot 8, Block 3, Pleasant Hill Addition South 8' of Lot 9, Block 3, Pleasant Hill Addition North 25' of Lot 9, Block 3, Pleasant Hill Addition Lot 10, Block 3, Pleasant Hill Addition Lot 11, Block 3, Pleasant Hill Addition Lot 12, Block 3, Pleasant Hill Addition South half of Lot 13, Block 3, Pleasant Hill Addition North half of Lot 13, Block 3, Pleasant Hill Addition Lot 14, Block 3, Pleasant Hill Addition Lot 26 west of Cherry Street and south of 12th Street in County Subdivision in Section 10-11-9 Lot 27 west of Cherry Street and south of 12th Street in County Subdivision in Section 10-11-9 South 53' of Lot 26 east of Cherry Street and south of 12th Street in County Subdivision in Section 10-11-9 Lot 26, South 58.5' of north 79.5' of tract south of 12th Street and east of Cherry Street in County Subdivision in Section 10-11-9 North 21' of Lot 26, County Subdivision in Section 10-11-9 Lot 27 south of 12th Street and east of Cherry Street, County Subdivision in Section 10-11-9 Lot 1, Block 1, George Loan's Subdivision Lot 2, Block 1, George Loan's Subdivision Lot 7, Block 1, George Loan's Subdivision Lot 8, Block 1, George Loan's Subdivision West half of vacated Poplar Street adjacent to Lot 1, Block 2, George Loan's Subdivision Lot 1, Block 2, George Loan's Subdivision Assessment 2,179.60 1,858.60 1,858.60 1,858.60 1,858.60 1,858.60 1,858.60 1,779.01 431.28 1,347.74 1,779.01 1,779.01 1,779.01 889.51 889.51 2,086.30 7,455.82 4,505.71 2,857.20 3,153.70 1,132.10 4,312.76 4,960.49 2,326.92 2,326.92 4,960.49 135.29 505.07 - 2 - Approved as to Form" ~ May 6, 1999 ... City Attorney I ORDINANCE NO. 8479 (Cant.) Wesley S. & Melva F. Sandquist Lot 2, Block 2, George Loan's Subdivision 1,073.27 Phyllis Clark Lot 3, Block 2, George Loan's Subdivision 2,326.92 Amy McCarthy & Jason Ummel Lot 4, Block 2, George Loan's Subdivision 4,960.49 Jerry Aldana Lot 5, Block 2, George Loan's Subdivision 4,960.49 Jerry Aldana Lot 6, Block 2, George Loan's Subdivision 2,326.92 Wesley S. & Melva Sandquist Lot 7, Block 2, George Loan's Subdivision 1,073.27 Wesley S. & Melva Sandquist Lot 8, Block 2, George Loan's Subdivision 505.07 Wesley S. & Melva Sandquist West half of vacated Poplar Street adjacent to Lot 8, Block 135.29 2, George Loan's Subdivision Hugo G. & Susan L. Wiese West half of vacated Poplar Street adjacent to Lot 1, Block 135.29 7, George Loan's Subdivision Hugo G. & Susan L. Wiese Lot 1, Block 7, George Loan's Subdivision 505.07 Hugo G. & Susan L. Wiese Lot 2, Block 7, George Loan's Subdivision 1,073.27 Hugo G. & Susan L. Wiese Lot 3, Block 7, George Loan's Subdivision 2,326.92 April A. Cupples Lot 4, Block 7, George Loan's Subdivision 4,960.49 Larry D. & Gayle 1. Oakman Lot 5, Block 7, George Loan's Subdivision 4,960.49 James & Geraldine Ogden Lot 6, Block 7, George Loan's Subdivision 2,326.92 I Kevin L. & Tracie Garrison Lot 7, Block 7, George Loan's Subdivision 1,073.27 Michael D., Sr. & Theresa M. Lot 8, Block 7, George Loan's Subdivision 505.07 Leschinsky Michael D., Sr. & Theresa M. West half of vacated Poplar Street adjacent to Lot 8, Block 135.29 Leschinsky 7, George Loan's Subdivision Lucille F. & Norma J. Johnston Lot 1, Block 8, George Loan's Subdivision 4,960.49 Lucille F. & Norma J. Johnston Lot 2, Block 8, George Loan's Subdivision 2,326.92 Ore G. & Pamela K. Thompson Lot 7, Block 8, George Loan's Subdivision 2,326.92 Thomas D. & Leona M. Aguilar Lot 8, Block 8, George Loan's Subdivision 4,960.49 TOTAL $114,662.67 SECTION 2. The special tax shall become delinquent as follows: One-tenth of the total amount shall become delinquent in fifty days; 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; and one-tenth in nine years respectively, I 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 - 3 - Approved as to Form T May 6,1999 ... City Attorney I I I ORDINANCE NO. 8479 (Cant.) interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of fourteen percent (14.0%) per annum shall be paid thereon, until the same is collected and paid. SECTION 3. The treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving District Assessment Fund" for Street Improvement District No. 1207. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: May 10, 1999. Attest: ()^^&D~ ~~ Cindy Kahn\; , City lerk - 4- Approved as to Form T ~ May 6, 1999 ... City Attorney I * This Space Reserved for Register of Deeds * ORDINANCE NO. 8480 An ordinance to assess and levy a special tax to pay the cost of construction of I Street Improvement District No. 1208 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts and parcels of land specially benefited, for the purpose of paying the cost of construction of said Street hnprovement District No. 1208, as adjudged by the Council of said City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after I due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts and land as follows: Approved as to Form T ~ May 6.1999 "" City Attorney I I I Name Burlington Northern Railroad Company Burlington Northern Railroad Company Burlington Northern Railroad Company Burlington Northern Railroad Company Burlington Northern Railroad Company John M. & Lola D. Briseno John M. & Lola D. Briseno Charles F. & Colleen E. Lange William B. & Tamara 1. Werner Trinh Quyen Thanh TOTAL ORDINANCE NO. 8480 (Cont.) Description Lot 3, Block 73, Original Town Assessment 1,739.53 Lot 4, Block 73, Original Town 3,708.30 Lot 5, Block 73, Original Town 3,708.30 Lot 6, Block 73, Original Town 1,739.53 Vacated Alley adjacent to Lots 3,4,5, & 6, Block 73, Original Town Lot 1, Block 74, Original Town Lot 2, Block 74, Original Town West Half of Lot 7, Block 74, Original Town East Half of Lot 7, Block 74, Original Town Lot 8, Block 74, Original Town 660.35 3,708.30 1,739.53 707.95 1,031.58 3,708.30 $22,451.67 SECTION 2. The special tax shall become delinquent as follows: One-tenth of the total amount shall become delinquent in fifty days; 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; and one-tenth in nine years respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of fourteen percent (14.0%) per annum shall be paid thereon, until the same is collected and paid. - 2 - Approved as to Form T ~ May 6, 1999 ... City Attorney I I I ORDINANCE NO. 8480 (Cont.) SECTION 3. The treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving District Assessment Fund" for Street Improvement District No. 1208. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: May 10, 1999. Attest: &rrl;/~J?!d 11 W Cindy Jo , CIty Clerk '\.\ ....~.... . ",,..,....' :.:/ ~..,': <~ f:',c,!\ >;:y...~.. ' ~ "'(ro.:' - 3 - Approved as to Form T ()fZ-. May 6, 1999 ... City Attorney I I I ORDINANCE NO. 8481 An ordinance to assess and levy a special tax to pay the 1998-1999 revenue year cost of Business Improvement District No.2 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any provisions of the Grand Island City Code, ordinances, or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the 1998-1999 revenue year cost of Business Improvement District No. 2 of the City of Grand Island, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such Business Improvement District, after due notice having been given thereof as provided by law; and a special tax for such 1998-1999 revenue year cost is hereby levied at one time upon such lots, tracts and lands as follows: Name Description Assessment Jack A. Luth N 100.5' E2/3 Lot 1, Block 54, Original Town 14.73 Jack A. Luth 8 31.9' E2/3 Lot 1, Block 54, Original Town 92.80 Warren Distribution W1/3 Lot 1, Block 54, Original Town 12.44 R. Dennis & Patricia A. Norris Lot 2, Block 54, Original Town 157.71 John & Teresa A. Wayne N1/2 ofW2/3 Lot 6, N1/2 Lot 5, Block 54, Original 92.06 Town Gus Katrouzos 860' W1/3 Lot 5, Block 54, Original Town 30.20 Gus Katrouzos 860' W 16' E2/3 Lot 5, Block 54, Original Town 16.20 Nickie J. Kallas E 28' 81/2 Lot 5; N 6' W 38' 81/2 Lot 5, Block 54, 41.24 Original Town Approved as to Form" ce, June 9. 1999 ... City At orney I I I ORDINANCE NO. 8481 (Cont.) Nickie J. Kallos W 22' S1/2 Lot 6, Block 54, Original Town 33.88 R. Dennis & Patricia Norris E 22' W 44' S 1/2 Lot 6; E 22' Lot 6, Block 54, 139.94 Original Town R. Dennis & Patricia Norris W1/3 Lot 7, Block 54, Original Town 111.95 R. Dennis & Patricia Norris Cl/3 Lot 7, Block 54, Original Town 107.53 Warren Distribution El/3 Lot 7, Block 54, Original Town 19.15 Warren Distribution W1/3 Lot 8, Block 54, Original Town 23.57 Warren Distribution C1/3 Lot 8, Block 54, Original Town 23.57 Richard & Barbara Bellows E1/3 Lot 8 (Except 15' x 15' x 15' triangle sold to 8.56 City), Block 54, Original Town Nathan Detroits, Inc. N1/2 Lot 1, Block 55, Original Town 58.92 Nathan Detroits, Inc. N 44' Sl/2 Lot 1, Block 55, Original Town 11 7.84 John A. Aspen S 22Y:z ' Lot 1, Block 55, Original Town 23.57 Wayne & Opal Marsh S 1/2 W1/2 Lot 3; S 1/2 Lot 4, Block 55, Original 79.54 Town Norwest Bank Omaha N 671/2' Lot 5, Block 55, Original Town 15.73 Charles Armstrong, Jr. N 20' S 64.5' Lot 5, Block 55, Original Town 28.72 Fredda Bartenbach S 44.5' Lot 5, Block 55, Original Town 64.08 Grand Island Little Theatre, Inc. W1/3 Lot 6, Block 55, Original Town 66.29 Grand Island Little Theatre, Inc. C1/3 Lot 6, Block 55, Original Town 82.49 Arthur & J eanene Campos E1/3 Lot 6, Block 55, Original Town 47.87 Jerry & Sandra L. Newman W1/3 Lot 7, Block 55, Original Town 35.35 Roger Keith & David Landis E2/3 Lot 7, Block 55, Original Town 82.49 Thomas W. & Angela J. Ziller W1/3 Lot 8, Block 55, Original Town 34.47 Thomas W. & Angela J. Ziller C1/3 Lot 8, Block 55, Original Town 34.47 Thomas W. Ziller E1/3 Lot 8, Block 55, Original Town 22.10 Norwest Bank Omaha N 68' Lot 1; Lot 2; E1/2 Lot 3, Block 56, Original 64.65 Town Norwest Bank Omaha N 22' ofS 42', W 6' S 20', Lot 1, Block 56, Original 5.79 Town Norwest Bank Omaha N 22' of S 64' Lot 1, Block 56, Original Town 5.35 Norwest Bank Omaha S 20' ofE 60' Lot 1, Block 56, Original Town 4.42 Ron Von Behren W1/3 Lot 5, Block 56, Original Town 48.96 - 2- Approved as to Form T ar> June 9,1999 ... City Attorney I I I ORDINANCE NO. 8481 (Cant.) Jim Huebner & Shane Peterson E2/3 Lot 5, Block 56, Original Town 77.33 Bette Tiner, Trustee W2/3 Lot 6, Block 56, Original Town 111.21 Bette Tiner, Trustee ElI3 Lot 6, Block 56, Original Town 52.14 Duane A. & Dee Ann Johnson Lot 7, Block 56, Original Town 114.89 Norwest Bank Omaha Lot 8, Block 56, Original Town 982.49 William P. & Juliann Ziller Lot 1, Ziller Subdivision 110.91 Furniture Clearing House, Inc. Lot 2, Ziller Subdivision 102.67 R.L. Fridley Theatres, Inc. E2/3 Lot 6, Block 57, Original Town 69.23 Overland Building Corp. Lot 7, Block 57, Original Town 239.07 Overland Building Corp. Lot 8, Block 57, Original Town 394.62 First Bank NA Lots 1 & 2, Block 58, Original Town 95.75 First Bank NA NlI2 Lot 3, NlI2 Lot 4, Block 58, Original Town 39.06 First Bank NA SlI2 Lot 3, SI/2 Lot 4, Block 58, Original Town 37.25 First Bank NA Lot 5, W 22' Lot 6, Block 58, Original Town 589.20 Tom Myers & Darrell Albers Lot 1, Jensen Subdivision 35.35 Harlan & Bonnie L. Jensen Lot 2, Jensen Subdivision 22.1 0 Kitchen & Bath Unlimited WlI3 Lot 7, Block 58, Original Town 32.41 K & SIne. ClI3 Lot 7, Block 58, Original Town 32.41 O'Neill Brothers E1/3 Lot 7, Block 58, Original Town 18.15 O'Neill Brothers WlI3 Lot 8, Block 58, Original Town 21.55 O'Neill Brothers ClI3 Lot 8, Block 58, Original Town 31.76 O'Neill Brothers ElI3 Lot 8, Block 58, Original Town 54.44 Mead Bldg. Centers of G.!. N 102Yz' Lot 1, Block 59, Original Town 98.69 Mead Bldg. Centers of G.!. Lot 2, Block 59, Original Town 28.95 Mead Bldg. Centers of G.!. N 33' Lot 4, Block 59, Original Town 66.29 H&HLandCo. S 29Yz' Lot 1, Block 59, Original Town 8.17 Mead Bldg. Centers of G.!. S 99' Lot 4; Lot 3, Block 59, Original Town 58.92 N orwest Bank Lot 5, Block 59, Original Town 101.64 Larry & Mary Ann Gerdes W 23' Lot 6, Block 59, Original Town 36.83 Chanh Ty Ngo & My T Nguyen E 23' W 46' Lot 6, Block 59, Original Town 36.83 rola Grimminger, et al E 20' Lot 6; W'h. Lot 7, Block 59, Original Town 20.61 H & H Land Company W 22' El/2 Lot 7, Block 59, Original Town 36.83 - 3 - Approved as to Form T CJ?l;' June 9, 1999 ... City Attorney I I I ORDINANCE NO. 8481 (Cant.) H & H Land Company E II' Lot 7; Lot 8, Block 59, Original Town 136.99 William Livengood Lots 1 & 2, Block 60, Original Town 202.54 William Livengood Lot 3, Block 60, Original Town 55.97 William Livengood Lot 4, Block 60, Original Town 57.74 618 W. 3m Street LLC Lots 5 & 6, Block 60, Original Town 125.21 Doax Investment Co. Lots 7 & 8, Block 60, Original Town 181.18 First National Bank of G.!., Lots 1 & 2, Block 61, Original Town 251.83 Trustee Norwest Bank Nebraska NA Lots 3 & 4, Block 61, Original Town 239.05 Fred M. Glade, III Lot 5, Block 61, Original Town 184.13 Jerome Niedfelt Lots 6, 7 and 8, Block 61, Original Town 329.95 Richard H. & Arlene M. Baasch S 44' Lot 1, Block 62, Original Town 61.87 Bette Tiner, Trustee N 88' Lot 1, Block 62, Original Town 164.98 Bette Tiner, Trustee Lot 2, Block 62, Original Town 150.25 Northwestern Public Service S 66' Lot 4; N 66' of E 57' and S 66' Lot 3, Block 62, 390.35 Original Town Alan D. Zwink N 66' W 9' Lot 3; N 66' Lot 4, Block 62, Original 61.87 Town Vogel Enterprises, Ltd. E 16' Lot 5, W 12 Lot 6, Block 62, Original Town 21.87 Vogel Enterprises, Ltd. E 12 Lot 6, W 12 Lot 7, Block 62, Original Town 147.30 Old Sears Development, Inc. Lots 1 & 2, Block 63, Original Town 360.89 Old Sears Development, Inc. E2/3 Lot 3, Block 63, Original Town 135.52 John R. Miller W1I3 Lot 3, El/3 Lot 4, Block 63, Original Town 78.07 Kenneth O. & Mary J. Leetch W2/3 Lot 4, Block 63, Original Town 92.80 Grand Island College Lot 7, Block 63, Original Town 475.78 Grand Island Investment, Inc. S 88' Lot 8, Block 63, Original Town 110.48 Maude E. Walters E1I3 Lot 1, Block 64, Original Town 44.19 Craig C. Hand C1I3 Lot 1, Block 64, Original Town 55.97 Cosrec, a Partnership W1I3 Lot 1, Block 64, Original Town 45.66 Glade Inc. E 44' Lot 2, Block 64, Original Town 91.18 Ivan P. & Sharon L. Walsh W1I3 Lot 2, Block 64, Original Town 50.67 Daniel P. & Molly J. Cimino E1I3 Lot 3, Block 64, Original Town 44.19 -4- Approved as to Form" (l..f12-- June 9,1999 ... City Attorney I I I ORDINANCE NO. 8481 (Cont.) Services Unlimited Agricultural W2/3 Lot 3, Block 64, Original Town 63.34 Consultants, Inc. David A. & Susan L. Wetherilt Lot 4, Block 64, Original Town 206.22 Ronald L. & Francene Zook N 22' Lot 8, Block 64, Original Town 80.55 Terry M. & Susan M. Taylor S 1/2 N1/3 Lot 8, Block 64, Original Town 51.56 Laverne & Donna Shehein N 44' S 88' Lot 8, Block 64, Original Town 70.70 Wayne E. & Ardith C. May Lot 1, Block 65, Original Town 128.15 Gary & Barbara Pederson, E1/3 Lot 2, Block 65, Original Town 33.88 Trustee Mary C. Grange Trust Connie Swanson Kersten C1/3 Lot 2, Block 65, Original Town 41.24 Gary Phillips & David Wetherilt W1/3 Lot 2, Block 65, Original Town 69.23 Predda Bartenbach E1/3 Lot 3, Block 65, Original Town 23.57 Iglesia Evengelica Pentecostes C1/3 Lot 3, Block 65, Original Town 44.63 Janelle Brown W1/3 Lot 3, Block 65, Original Town 39.77 Allen V. & Linda Hoffer El/3 Lot 4, Block 65, Original Town 27.25 Lungrin's, Inc. W2/3 Lot 4, Block 65, Original Town 113.42 Terry N. & Susan M. Taylor N 22' Lot 5, Block 65, Original Town 44.19 Wm. P. & Ju1iAnn Ziller S 44' N1/2 Lot 5, Block 65, Original Town 61.87 Doris Winkler, Trustee S 1/2 Lot 5, Block 65, Original Town 95.75 Steve & Barbara Fuller Wl/3 Lot 6, Block 65, Original Town 28.72 Scott & Sheri Arnold E2/3 Lot 6, Block 65, Original Town 103.11 Transportation Equipment W1/2 Lot 7, Block 65, Original Town 35.35 Drs. Grange, Pedersen, Brown N 55' ofE1/2 Lot 7, N 55' Lot 8, Block 65, Original 16.04 Town Ronald C. & Norma J. Shullaw C 22' ofE 4' Lot 7, C 22' of Lot 8, Block 65, Original 36.83 Town Drs. Grange, Pedersen, Brown W 18.9' ofE1/2 Lot 7, N 29.9' ofE 14.1' Lot 7, W 85.43 29' C 22' El/2 Lot 7, N 29.9' of S 55' Lot 8 x CN6' S31.1' E40' Lot 8, Block 65, Original Town Drs. Grange, Pedersen, Brown S 25.1' of Lot 8, N 6' of S 31.1' of E 40' Lot 8, and S 103.11 25.1' ofE14.1' of Lot 7, Block 65, Original Town Darrell Olson Lots 1 & 2, Block 66, Original Town 204.75 - 5 - Approved as to Form T cq:::' June 9,1999 ... City Attorney I I I ORDINANCE NO. 8481 (Cont.) John Vipperman, T. Kovanda, E1I3 Lot 3, Block 66, Original Town 52.88 and A. Wetzel Michael P. & Susie L. Kully S 113 Wl/3 C1I3 Lot3 (Except 17.5'), Block 66, 73.65 Original Town James G. Duda N88' E1I3 Lot 4, Block 66, Original Town 55.97 J. Gary & Patricia M. Vejvoda N 88' Cl/3 Lot 4, Block 66, Original Town 41.24 Ben's Drug Store, Inc. N80' W1I3 Lot 4, Block 66, Original Town 39.03 Masonic Templecraft Assoc. Pt W 17.5' S 44' Lot 3, N 8' S 52' W 22', & S 44', Lot 92.06 4, Block 66, Original Town Fredda Bartenbach Lot 5, W1/3 Lot 6, Block 66, Original Town 158.35 Fredda Bartenbach E2/3 Lot 6, W1I3 Lot 7, Block 66, Original Town 88.38 James E. & Mary Keeshan E2/3 Lot 7, Block 66, Original Town 103.11 Plaza Square Development S 112 Block 67, Original Town 677.58 Rasmussen & Associates W2/3 Lot 2, Block 68, Original Town 58.92 FOE #378 Pt Lot 3, Lot 4, Block 68, Original Town 539.27 Plaza Square Development Lot 5, W 22' Lot 6, Block 68, Original Town 49.05 Equitable Building & Loan Lot 1, Block 79, Original Town 97.22 Equitable Building & Loan Lot 2, Block 79, Original Town 30.27 Equitable Building & Loan S 44' Lot 3, S 44' Lot 4, Block 79, Original Town 262.19 Margo Schager Lot A, Gilbert's North, 22' x 99' 38.30 Equitable Building & Loan Lot B, Gilberts North 64.81 Equitable Building & Loan N 26' lOW' Lot 8, Block 79, Original Town 12.61 Equitable Building & Loan S 17' 1 Yz" N 44' Lot 8, Block 79, Original Town 3.34 Equitable Building & Loan S 88' Lot 8, Block 79, Original Town 17.75 Josephine O'Neill, Trustee W1I3 Lot 3, All Lot 4, Block 80, Original Town 96.33 U.S. West Communications Lots 5, 6 and 7, and N 44' of Lot 8, Block 80, 1,675.41 Original Town; Centrally Assessed David C. Huston C1I3 Lot 8, Block 80, Original Town 106.06 Joseph M. & Lori J. Brown S 44' Lot 8, Block 80, Original Town 110.48 Olson Furniture & Auction, Inc. Lot 1, Block 81, Original Town 154.67 Ronald E. & Sharon R. Trampe W1I3 Lot 2, Block 81, Original Town 47.14 William F. Harris E1I3 Lot 3, Block 81, Original Town 47.14 - 6 - Approved as to Form T c...df:-- June 9, 1999 .... City Attomey I I I ORDINANCE NO. 8481 (Cont.) Reed & Reed, Inc. C1/3 Lot 3, Block 81, Original Town 82.49 Ronald C. & Vada M. Krauss W1/3 Lot 3, Lot 4, Block 81, Original Town 156.14 Walnut Street Partnership Lot 5, Block 81, Original Town 162.03 Walnut Street Partnership Lot 6, Block 81, Original Town 72.18 Wheeler Street Partnership Lot 7; S2/3 Lot 8, Block 81, Original Town 257.78 Schroeder-Rathman, Trustees Nl/3 Lot 8, Block 81, Original Town 95.75 Stauffer Communications, Inc. Lot 1, Block 82, Original Town 30.94 Stauffer Communications, Inc. Lot 2, Block 82, Original Town 94.27 Stauffer Communications, Inc. Lot 3, Block 82, Original Town 30.94 Stauffer Communications, Inc. Lot 4, Block 82, Original Town 106.06 Stauffer Communications, Inc. Lots 5, 6, 7 and 8, Block 82, Original Town 1,088.55 Hedgecock Family Trust/A.W. Lots 1 and 2, Block 83, Original Town 51.33 JOMIDA, Inc. Lots 3 and 4, Block 83, Original Town 346.16 Dan Giese Co. E 41' N 28' Lot 8, Block 83, Original Town 44.19 Dan Giese Pt Nl/3 and S2/3 Lot 8, Block 83, Original Town 70.70 Contryman & Associates Lots 3 and 4, Block 85, Original Town 225.37 G.I. Liederkranz Lots 1,2,3 and 4, Block 87, Original Town 120.31 Home Federal Savings & Loan Pt Lots 1,2,3,4 and 7; all of Lots 5 and 6; pt 132.57 Assoc. of Grand Island Vacated Alley, Block 89, Original town Home Federal Savings & Loan Lot 9, County Sub., Wl/2 SWl/4 Sec 15-11-9 595.09 A1iant Communications, Inc. Central Assessed 2.35 MCI Telecommunications Corp. Central Assessed 18.25 AT&T Communications Central Assessed 2,133.39 Relax Inn Lots 1 & 2, Block 83, Original Town (Improvements 291.65 Only) Kathleen Campbell W 67' S 50' Lot 4, Hann Addiiton 33.88 Willard & Lucille Cantin N1/2 Lot 1, Block 98, Railroad Addition 9.62 Arvid Carlson Lot 2, Block 98, Railroad Addition 38.30 James D. & Dawn L. Petersen W 52' Lot 7, Block 98, Railroad Addition 82.64 Fi1emon Sanchez E 14' Lot 7, Lot 8, Block 98, Railroad Addition 66.43 Contryman Associates Lots 1 and 2, Block 106, Railroad Addition 115.48 The Muffler Shop, Inc. Lots 1 and 2, Block 107, Railroad Addition 110.48 The Muffler Shop, Inc. Lots 3 & 4, Block 107, Railroad Addition 80.59 - 7 - Approved as to Form T CdZ---' June 9, 1999 .to. City Attorney I I I ORDINANCE NO. 8481 (Cant.) Joseph M. & Lori Jean Brown S2/3 Lot 5, Block 107, Railroad Addition 164.98 David E. Janda, DDS S 72' Lot 8, E 29.54' of S 71.5' Lot 7, Block 107, 132.72 Railroad Addition Barbara J. Clinch N 60' ofE 22' of Lot 7, N 60' Lot 8, Block 107, 111.95 Railroad Addition Richard & Marilyn Fox Lots 1 and 2, Block 108, Railroad Addition 204.75 Douglas Bookkeeping W 29' Lot 3, Lot 4, Block 108, Railroad Addition 250.41 Donald J. & Janet L. Placke & S 88' Lot 5, Block 108, Railroad Addition 45.66 William J. Sassen Jr. Sam & Barbara Huston Lot 6, Block 108, Railroad Addition 66.87 Bosselman, Inc. Lots 7 and 8, Block 108, Railroad Addition 232.73 David A. & Carolyn J. Gilroy S 61' Lot 1, S 61' Lot 2, Block 109, Railroad 35.50 Addition Gregory T. & Gay L. Austin N 71' Lot 1, N 71' Lot 2, Block 109, Railroad 48.61 Addition Michael R. & Amye K. Lilienthal E 59.5' Lot 3, Block 109, Railroad Addition 51.55 Michael R. & Amye K. Lilienthal W 6' 6.5" Lot 3, E 52'11" Lot 4, Block 109, Railroad 23.57 Addition Roger L & Sharon K. Lots 5 and 6, Block 109, Railroad Addition 67.76 McShannon Virgil L. & Darlene G. Roush Lots 7 & 8, Block 109, Railroad Addition 172.34 Salvation Army Block 113 and Vacated Alley, Railroad Addition 80.43 Bonna Barta Wanek S 88' Lot 7, Block 114, Railroad Addition 20.65 Bonna Barta Wanek Lot 8, Block 114, Railroad Addition 209.17 Elaine J. Bishop Pts Lots 3, 4 and 5, Block 97, Railroad Addition in 109.44 15-11-9 Riverside InvestmentslBeltzer N 43.25' Lot 1, Hann's Addition 515.55 Bldg. Artvest III Yancey Condominium 001 51.40 Artvest III Yancey Condominium 002 12.78 Equitable Building & Loan Yancey Condominium 101 11.28 Equitable Building & Loan Yancey Condominium 102 46.68 Equitable Building & Loan Yancey Condominium 103 67.81 Devco Investment Corporation Yancey Condominium 301 38.68 Arvon & Luella Marcotte Yancey Condominium 302 31.49 - 8 - Approved as to Form T ~ June 9,1999 ... City Attorney I I I ORDINANCE NO. 8481 (Cant.) Gail Fischer Revoc. Living Trust Yancey Condominium 303 39.13 William L. Zins Yancey Condominium 304 42.28 Michael & Susan Renken Yancey Condominium 305 44.98 Harriet A. Beckman Yancey Condominium 401 31.93 ArtvestIII Yancey Condominium 402 34.18 Artvest III Yancey Condominium 403 33.73 Stuhr Museum Foundation Yancey Condominium 404 36.88 Artvest III Yancey Condominium 405 34.18 Larry D. Ruth Yancey Condominium 406 33.73 Wyndell & Barbara Fordham Yancey Condominium 407 44.98 Todd C. Carpenter Yancey Condominium 501 32.83 Artvest III Yancey Condominium 502 35.53 George & Donna Schaefer, Jr. Yancey Condominium 503 34.18 Richard & Nancy Schonberger Yancey Condominium 504 36.88 Artvest III Yancey Condominium 505 34.18 Jack L. & Kathy A. Schultz Yancey Condominium 506 33.73 Paul L. & Laurie Schlick Yancey Condominium 507 45.43 Artvest III Yancey Condominium 601 33.73 Artvest III Yancey Condominium 602 35.98 Donald & Lois Matthews Yancey Condominium 603 34.18 Daniel F. Clyne Yancey Condominium 604 36.88 ArtvestIII Yancey Condominium 605 34.63 James Ebel Trust Yancey Condominium 606 34.18 Union Bank & Trust, Trustee of Yancey Condominium 607 45.88 Jean Cue a Radd C. & Virginia W. Way Yancey Condominium 701 33.73 Artvest III Yancey Condominium 702 35.98 Richard & Margaret Johnson Yancey Condominium 703 34.63 Art & Jan Burtscher Yancey Condominium 704 37.33 Marie Ann E. Cech Yancey Condominium 705 34.63 Clifton J. Long, Sandra A. Yancey Condominium 706 34.63 Thinnes Nelse Zachry Yancey Condominium 707 46.33 - 9 - Approved as to Form T ~ June 9, 1999 ~ City Attorney I I I ORDINANCE NO. 8481 (Cont.) Artvest III Yancey Condominium 801 33.73 Mapes & Co. Partnership Yancey Condominium 802 35.98 Mapes & Co. Partnership Yancey Condominium 803 36.88 Virginia Mae Gosda Yancey Condominium 1002 35.98 Larry Callen Yancey Condominium 1003 37.33 T.C. Carpenter Yancey Condominium 1004 50.83 Ruth E. Megard, Trustee Yancey Condominium 1005 39.58 Earl & Norma 1. Holke, Randy E. Yancey Condominium 1006 50.38 Holke Dymond Enterprises Inc. Yancey Condominium 1101 34.63 Linda L. Clare, Trustee Linda Yancey Condominium 1102 36.43 L. Clare, Rev. Trust Sharon Peshek Zehr, Trustee Yancey Condominium 1103 38.23 Frank L. Hoelck Trust Frank L. Yancey Condominium 1104 51.73 Hoelck, Trustee Elizabeth W. Mayer Yancey Condominium 1105 40.48 Judy J. Arnett Yancey Condominium 804 50.38 Double E Partnership Yancey Condominium 805 38.23 Bryan S. & Lisa Burtle Yancey Condominium 806 49.93 James F. Nissan Yancey Condominium 901 33.73 Elaine & Everett Evnen Yancey Condominium 902 35.98 Elaine & Everett Evnen Yancey Condominium 903 37.33 James W. McGrath Yancey Condominium 904 50.83 Harold Hoppe Yancey Condominium 905 38.68 Peggy McCann Yancey Condominium 906 50.38 Larry & Dixie Boesen Yancey Condominium 1001 34.18 Elizabeth W. Mayer Yancey Condominium 1106 51.28 Alan L. & Roxann T. Ellison W 18.9' ofE 33' ofS 25.1' Lot 7, Block 65, Original 14.73 Town Equitable Building & Loan Yancey Condominium 104 167.39 Equitable Building & Loan Yancey Condominium 201A 154.08 Equitable Building & Loan Yancey Condominium 201B 18.61 Equitable Building & Loan Yancey Condominium 201C 46.87 Equitable Building & Loan Yancey Condominium 201D 35.75 Approved as to Form T I'J(jV - 10 - June 9, 1999 '" City Attorney I I I ORDINANCE NO. 8481 (Cont.) Enviro-Clean Contractors, Inc. N 60' Frac Lots 1,2 and 3, Block 89, Original Town 116.37 SECTION 2. The special tax shall become delinquent in fifty (50) days from date of this levy; the entire amount so assessed and levied against each lot or tract may be paid within fifty (50) days from the date of this levy without interest and the lien of special tax thereby satisfied and released. After the same shall become delinquent, interest at the rate of fourteen percent (14%) per annum shall be paid thereon. SECTION 3. The city treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Downtown Business Improvement District No.2". SECTION 5. Any provision of the Grand Island City Code, any ordinance, or part of an ordinance in conflict herewith is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, in pamphlet format, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: June 14, 1999. Attest: - 11 - Approved as to Form T ~ June 9, 1999 ... City Attorney I I I ORDINANCE NO. 8482 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land located in the Northeast Quarter of the Southeast Quarter (NE'14 SE'14) of Section Thirteen (13), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., Hall County, Nebraska, from TA- Transitional Agriculture Zone to B2-General Business Zone; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on June 9, 1999, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, RRS. 1943, has been given to the Board of Education of School District No.2 in Hall County, Nebraska; and WHEREAS, after public hearing on June 14, 1999, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The tract of land located in the Northeast Quarter of the Southeast Quarter (NE'14 SE'14) of Section Thirteen (13), Township Eleven (11) North, Range Ten (10) West ofthe 6th P.M., Hall County, Nebraska, more particularly described as follows: Commencing at the northeast comer of said NE'14, SE'14; thence on an assumed bearing of S 00006'56" W along the east line of said NE'14, SE'14 a distance of 298.73 feet; thence S 89053'04" E and perpendicular to said east line a distance of 41.70 feet to the point of beginning; thence S 01016'54" E along the west right-of- way line of Webb Road a distance of 150.26 feet; thence N 89050'06" W a distance of 251.91 feet; thence N 00007'46" E a distance of 150.01 feet; thence S Approved as to Form T CtJt5' June 9, 1999 '" City Attorney I I I ORDINANCE NO. 8482 (Cont.) 89052'53" E a distance of 248.21 feet to the point of beginning. Said tract contains 37,537.15 square feet, or 0.862 acres more or less; is hereby rezoned and reclassified and changed from TA-Transitional Agriculture Zone to B2- General Business Zone. SECTION 2. The Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-7 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: June 14, 1999. ~1J Ken G at, Mayor - 2 - Approved as to Form T C;'#" June 9,1999 A City Attorney I I I ORDINANCE NO. 8483 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising all of Lot Two (2), Ross Acres Subdivision, and part of the Southeast Quarter (SE~) of Section Eleven (11), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, from T A-Transitional Agriculture Zone to R2- Low Density Residential Zone; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on June 9, 1999, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Board of Education of School District No.2 in Hall County, Nebraska; and WHEREAS, after public hearing on June 14, 1999, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The tract of land compnsmg all of Lot Two (2), Ross Acres Subdivision, and part of the Southeast Quarter (SE~) of Section Eleven (11), Township Eleven , (11) North, Range Ten (10) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: Beginning at the southwest corner of said Southeast Quarter (SE~); thence running easterly along the south line of said Southeast Quarter (SE~) on an Assumed Bearing of N90000'00''E, a distance of Forty and One Hundredth (40.01) feet to the Actual Point of Beginning; thence continuing N90000'00''E Approved as to Form T ~ June 9,1999 ... City Attorney I I I ORDINANCE NO. 8483 (Cont.) along said south line of the Southeast Quarter (SE14), a distance of One Thousand Two Hundred Seventy (1,270.0) feet to the southeast comer of the West Half of the Southeast Quarter (WYZ SE14); thence running N01004'18"W, a distance of Three Hundred Twenty Nine and Ninety Hundredths (329.90) feet to the southwest comer of said Lot Two (2), Ross Acres Subdivision; thence running S89058'56"E along the south line of said Lot Two (2), Ross Acres Subdivision, a distance of One Thousand Two Hundred Sixty Eight and Forty Two Hundredths (1,268.42) feet to the southeast comer of said Lot Two (2), Ross Acres Subdivision; thence running N01 021 '07"W along the east line of said Lot Two (2), Ross Acres Subdivision, a distance of One Hundred Fifty One and Thirty Hundredths (151.30) feet to the northeast comer of said Lot Two (2), Ross Acres Subdivision; thence running S89058'47"W along the south line of Lot One (1), Ross Acres Subdivision, a distance of Two Hundred Thirty Nine and Two Hundredths (239.02) feet to the southwest comer of Lot One (1), Ross Acres Subdivision; thence running N01020'19"W along the west line of Lot One (1), Ross Acres Subdivision, a distance of One Hundred Seventy Nine and Two Hundredths (179.02) feet to the northwest comer of Lot One (1), Ross Acres Subdivision; thence running S89059'44"W along the north line of said Lot Two (2), Ross Acres Subdivision, a distance of Six Hundred Twenty and Fifty Hundredths (620.50) feet to the southwest comer of Lot Twenty Two (22), R & B Subdivision; thence running N01025'04"W along the west line of R & B Subdivision, a distance of Three Hundred Eighty Three and Sixty Eight Hundredths (383.68) feet to the southeast comer of Lot Twenty One (21), R & B Second Subdivision; thence running N89054'58"W along the southerly line of R & B Second Subdivision, a distance of Two Hundred Ninety Eight and Ten Hundredths (298.10) feet; thence running N45003'25"W along the southwesterly line of R & B Second Subdivision, a distance of Seven Hundred Fifty Three and Twelve Hundredths (753.12) feet; thence running N01 016'51 "W along the westerly line of R & B Second Subdivision, a distance of One Hundred Sixty Nine and Thirty Five Hundredths (169.35) feet to the northwest comer of Lot Twenty Nine (29), R & B Second Subdivision; thence running N89052'03"W, a distance of Two Hundred Sixty and Six Hundredths (260.06) feet to the southwest comer of the westerly right-of-way line of Mansfield Road as platted on R & B Second Subdivision; thence running SOl 003'47"E, a distance of Six Hundred Forty Five and One Tenth (645.10) feet; thence running N89052'12"W, a distance of Five Hundred Ninety Two and Forty Seven Hundredths (592.47) feet to a point Forty (40.0) feet east of the west line of the Southeast Quarter (SE14); thence running SOl 003'18"E on a line Forty (40) feet east of and parallel to the west line of said Southeast Quarter (SE14), a distance of One Thousand One Hundred One and Sixty One Hundredths (1101.61) feet to the Actual Point of Beginning and containing 50.789 acres more or less; is hereby rezoned and reclassified and changed from T A-Transitional Agriculture Zone to R2- Lot Density Residential Zone. - 2- Approved as to Form T ~ June 9, 1999 ... City Attorney I I I ORDINANCE NO. 8483 (Cont.) SECTION 2. The Official Zoning Map ofthe City of Grand Island, Nebraska, as established by Section 36-7 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: June 14, 1999. Ken Gn - 3 - Approved as to Form... ur:- June 9,1999 . City Attorney I This Ordinance was adopted on its first reading only at the City Council Meeting of April 10, 2000 * This Space Reserved for Register of Deeds * I I ORDINANCE NO. 8484 An ordinance to assess and levy a special tax to pay the cost of construction of Water Main District No. 429 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land specifically benefited, for the purpose of paying the cost of construction of said water main in said Water Main District 429, 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 Bosselman Tank & Trailer, Inc. City of Grand Island Utilities Description Lot One (1), Platte Valley Industrial Park Subdivision Lot Two (2), R.I. Olson Subdivision $38,080.70 5,184.39 Assessment Approved as to Form T (!..qv April?,2000 ... City Attorney I I I This Ordinance was adopted on its first reading only at the City Council Meeting of April 10, 2000. Department Bosselman Tank & Trailer, Inc. Nebraska Truck Center, Inc. Nebraska Truck Center, Inc. Father Flannagan's Boys Home City of Grand Island Utilities Department (Tract A-I) City of Grand Island Utilities Department (Tract A-2) ORDINANCE NO. 8484 (Cont.) Lot One (1), Platte Valley Industrial Park 2nd Subdivision Lot Two (2), Platte Valley Industrial Park 2nd Subdivision Lot Three (3), Platte Valley Industrial Park 2nd Subdivision Lot One (1), Brennan Subdivision A tract of land located in part of the Southwest Quarter of the Southwest Quarter (SW 1/4, SW 1/4) of Section Five (5), Township Ten (10) North, Range Nine (9) West of the 6th PM, Grand Island, Hall County, Nebraska, being more particularly described as follows: Commencing at the southwest comer of the southwest quarter of the southwest quarter (SW 1/4, SW 1/4) of said Section Five (5); thence S88053'54"E (assumed bearing) on the southerly line of the southwest quarter of the southwest quarter (SW 1/4, SW 1/4) of said Section Five (5) a distance of six hundred sixty-nine and ninety-seven hundredths (669.97) feet to the easterly right-of-way line of Juergen Road being the Actual Point Of Beginning; thence NOI005'50"E along the easterly right-of-way line of said Juergen Road a distance of forty (40.0) feet; thence continuing along the easterly right-of-way line of said Juergen Road, N43034'02"W a distance of fifty-six and fifty- seven hundredths (56.57) feet; thence continuing along the easterly right-of-way line of said Juergen Road, NOI005'50"E, a distance of one hundred five (105.0) feet; thence continuing along the easterly right-of-way line of said Juergen Road, northwesterly on a curve to the left, with a radius of three hundred thirty (330.0) feet and a delta angle of 45001'10", an arc distance of two hundred fifty-nine and eighteen hundredths (259.18) feet; continuing along the easterly right-of-way line of said Juergen Road, N43053'22"W a distance of sixty-six and four tenths (66.4) feet; thence southeasterly parallel to the southerly line of Lot Three (3) Platte Valley Industrial Park Second Subdivision in the City of Grand Island, Hall County, Nebraska; S88032'48"E a distance of eight hundred twenty and eight tenths (820.8) feet; thence SOooI5'51"W, a distance of four hundred sixty-seven and sixty-three hundredths (467.63) feet to a point on the southerly line of the southwest quarter of the southwest quarter (SW 1/4, SW 1/4) of said Section Five (5); thence westerly along the southerly line of the southwest quarter of the southwest quarter (SW 1/4, SW 1/4) of said Section Five (5), N88053'54"W a distance of six hundred forty-three and fifty eight hundredths (643.58) feet to the said Point Of Beginning. The above described tract of land containing 7.47 acres more or less. A tract ofland located in part of the Southwest Quarter of the Southwest Quarter (SW 1/4, SW 1/4) of Section Five (5), Township Ten (10) North, Range Nine (9) West of the 6th PM, Grand Island, Hall County, Nebraska, being more - 2 - Approved as to Form April?,2000 68,247.59 20,525.17 36,119.60 28,542.88 34,553.28 40,671.91 I I I This Ordinance was adopted on its first reading only at the City Qouncil Meeting of April 10, 2000. ORDINANCE NO. 8484 (Cant.) particularly described as follows: Beginning at the southwest comer of Lot Three (3) Platte Valley Industrial Park Second Subdivision in the City of Grand Island, Hall County, Nebraska; thence S88032'48"E (assumed bearing) along the southerly line of said Lot Three (3), a distance of one thousand one hundred thirty-six and ninety hundredths (1,136.90) feet to the southeast comer of said Lot Three (3); thence SOooI5'51"W, a distance of four hundred thirty (430.0) feet; thence northwesterly parallel to the southerly line of said Lot Three (3), N88032'48"W a distance of eight hundred twenty and eight tenths (820.8) feet to a point on the easterly right-of-way line of Juergen Road; thence northwesterly along the easterly right-of-way line of said Juergen Road, N43053 '22"W a distance of three hundred forty-three and eight tenths (343.8) feet; thence continuing along the easterly right-of-way line of said Juergen Road, northerly on a curve to the right, with a radius of two hundred seventy (270.0) feet and a delta angle of 44033 '32" an arc distance of two hundred nine and ninety- eight hundredths (209.98) feet, to the southwest comer of said Lot Three (3) being the said Point Of Beginning. The above described tract of land containing 10.025 acres more or less. TOTAL $271,925.52 SECTION 2. For the tract of land identified above, owned by Father Flanagan's Boys Home, 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. SECTION 3. For the remaining lots, tracts or parcels of land identified above, the special tax shall become delinquent as follows: One-tenth of the total amount shall become delinquent in fifty days; 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; and one-tenth in nine years, respectively after the date of such levy. - 3 - Approved as to Form T ~ April 7, 2000 '" City ttorney I I I This Ordinance was adopted on its first reading only at the City Council Meeting of April 10, 2000. ORDINANCE NO. 8484 (Cont.) SECTION 4. The entire amount so assessed and levied against any lot, tract or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of seven percent (7%) per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of fourteen (14%) per annum shall be paid thereof, until the same is collected and paid. SECTION 5. The treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 6. Such special assessments shall be paid into a fund to be designated as the "Sewer and Water Extension Fund" for Water Main District No. 429. SECTION 7. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 8. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: April 10, 2000. Ken Gnadt, Mayor Attest: Cindy K. Johnson, City Clerk - 4 - Approved as to Form April ?, 2000 I I I ORDINANCE NO. 8484 An ordinance to amend Chapter 15 of the Grand Island City Code; to amend Section 15-2 pertaining to adoption of 1999 Edition of the National Electrical Code; to amend Section 15-3 prohibiting the use of armored cable; to amend Section 15-6 pertaining to multiple use buildings and pedestal requirements on manufactured homes; to repeal Section 15-2, 15-3, 15-6 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date ofthis ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 15-2 of the Grand Island City Code is hereby amended to read as follows: ~15-2. National Electrical Code Adopted (A) There is hereby adopted by the City of Grand Island for the purpose of safeguarding persons and buildings from hazards arising from the use of electricity for light, heat, power, radio, signaling, and other purposes, that certain code known as the National Electrical Code, 1999 Edition, recommended by the National Fire Protection Association, except as modified by this section. (B) The National Electrical Code adopted by subsection (A) above is modified by deleting Article 331, Article 333, Article 21O-52C Subsection 2 and 3, which are not adopted and shall have no force or effect. Articles 334,347, and 350 are amended by S15-3 of the Grand Island City Code. (C) One copy of the National Electrical Code, 1999 Edition, shall be on file in the city clerk's office for public use and inspection as provided by law. SECTION 2. Section 15-3 of the Grand Island City Code is hereby amended to read as follows: ~15-3. Amendments to National Electrical Code, 1999 Edition - The following sections are adopted as amendments to the same numbered sections of the National Electrical Code, 1999 Edition: Article 334 - Metal-Clad Cable (Type MC) 334-3. Uses Permitted. Metal-clad cable may be used for indoor use only when installed with a grounding conductor. 334-4. Uses Not Permitted. Metal-clad cable shall not be used in hazardous locations where subject to physical damage, buried in direct contact with the earth, concrete, cinder fill, or where exposed to chemicals or acids. Article 347 - Rigid Nonmetallic Conduit (PVC) 347-2. Uses Permitted (A) Where encased in concrete (B) Underground installations Approved as to Form., ~ June 15. 1999 ... City Attorney I I I ORDINANCE NO. 8484 (Cont.) (C) For service entrances on the outside of buildings where not subject to physical damage (D) For raceways to feed subpanels (E) In wet locations where used with proper connections and fittings (F) For physical protection of ground wires 347-3. Uses Not Permitted (A) In hazardous (classified) locations (except as provided in National Electrical Code Sections 504-20,514-8, or 515-5) (B) For support of fixtures or other equipment (C) Where subject to physical damage (D) Where subject to ambient temperatures exceeding those for which the conduit is approved (E) Where passing through an area separation wall or occupancy separation wall (F) In alleys or utility easements, the first section of conduit out of the ground (G) For branch circuits Article 350 - Flexible Metal Conduit 350-2. Uses Permitted. Flexible metal conduit may be used for fish work in old buildings or other places where rigid conduit is impractical to install. A special permit shall be obtained from the electrical inspector before it is used in any installations. SECTION 3. Section 15-6 of the Grand Island City Code is hereby amended to read as follows: ~15-6. Service Entrances (A) Each service entrance with 2,000 amperes capacity or less shall be provided with a readily accessible main disconnecting device with appropriate overcurrent protection; provided, each service entrance larger than 2,000 amperes capacity shall comply with the provisions of the National Electric Code. The device shall disconnect all ungrounded conductors from the source of supply in one motion or operation of the hand. For overhead services, said overcurrent protection shall be installed within twenty-five (25) feet from the weatherhead, but within ten (10) feet from where the conductors enter the building. For underground services, said overcurrent protection shall be installed within ten (10) feet from where the conductors enter the building. No service entrance conductors shall be installed within the hollow spaces of a frame wall unless provided with overcurrent protection at their outer end. Attachment devices or insulators for the service drop shall be installed by the electrical contractor on the alley or easement side of the building in such a manner so that the clearances as required by this Code can be maintained by the utility company. (B) Manufactured Homes. Pedestals shall be required for power to manufactured homes on private lots, unless (1) the manufactured home comes with the service equipment factory installed or (2) the manufactured home is secured to a permanent foundation that complies with applicable building codes. This pedestal shall have proper overcurrent protection and provisions for metering. The meter height shall be between 3 -1/2 to 6-1/2 feet from grade to the center of the meter. (C) Provisions for Metering. Provisions for metering shall be installed on the exterior surface of the building by the contractor using metering equipment by the utility company. The height of said meter shall be not less than five feet, nor more than six and one-half feet from finished grade; provided, that deviations may be made from the provisions of this section in the event of unusual circumstances if written approval is given by the utilities department prior to installation of the work. (D) Electrical Service Panels for Dwellings. The minimum size of electrical panel that can be installed in a dwelling shall be 20 circuit for 100 amp, 30 circuit for a 150 amp, and 40 circuit for a 200 amp. (E) Number of Services. One electrical service shall be provided for each tract or parcel ofland, except upon written request and approval by the Utilities Director and Building Department Director, and/or their respective designee. - 2 - Approved as to Form ~ June 15, 1999 oeity Attorney I I I ORDINANCE NO. 8484 (Cont.) (F) Multiple Occupancy Building. Each tenant shall have access to their disconnecting means and overcurrent protection. This disconnecting means and overcurrent protection shall not be guarded by locked doors. Exceptions: (1) The disconnecting means and overcurrent protection are located in the tenant space. (2) All electrical equipment is located in a common area with access to all tenants. (3) Electrical equipment is located outside. SECTION 4. Section 15-2, 15-3, and 15-6 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 5. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: June 14, 1999. / i! Attest: - 3 - Approved as to Form q5"" June 15, 1999 Deity Attorney I I I ORDINANCE NO. 8485 An ordinance to amend Chapter 26 of the Grand Island City Code; to amend Section 26-20 pertaining to cross linked polyethlene water tubing; to repeal Section 26-20 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 26-20 of the Grand Island City Code is hereby amended to read as follows: ~26-20. UPC - Amendment of Subsection l004(a) - Subsection 1004(a) of the Uniform Plumbing Code is hereby amended to read as follows: Section 1004 - Materials (a) Water pipe and fittings shall be of brass, copper, cast iron, galvanized malleable iron, galvanized wrought iron, galvanized steel, or other approved materials. Asbestos-cement, PE, or PVC water pipe manufactured to recognized standards may be used for cold water distribution systems outside a building. All materials used in the water supply system, except valves and similar devices shall be of a like material, except where otherwise approved by the chief building official or his authorized representative. (b) Cross linked polyethlene water tubing may be used as water distribution systems inside buildings which are categorized in the Uniform Building Code as Group R Division I or 3, or as specifically specified by a licensed mechanical engineer in other occupancy classification. All installers of the Pex systems must hold a certificate of training from the manufacturer. SECTION 2. Section 26-20 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: June 14, 1999. T~ ... City Attorney I ft * This Space Reserved for Register of Deeds * ORDINANCE NO. 8486 An ordinance creating Sanitary Sewer District No. 490 of the City of Grand Island, Nebraska; defining the boundaries thereof; providing for the laying of sanitary sewer mains in said district; providing for plans and specifications and securing bids; providing for the I assessment of special taxes for constructing such sewer and collection thereof; and providing for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Sanitary Sewer District No. 490 is hereby created for the construction of an eight (8) inch sanitary sewer main and appurtenances thereto in Lot One (1), The Village Subdivision, in the City of Grand Island, Hall County, Nebraska. SECTION 2. The boundaries of such sanitary sewer district shall be as follows: I Beginning at the northwest comer of Lot One (1 ) Woodland Second Subdivision said point also being the southwest comer of Lot One (1) The Village Subdivision; thence north on the west line of The Village Subdivision for a distance of Seven Hundred Ninety Two and Twenty Two Hundredths (792.22) feet to the northwest comer of Lot One (1) The Village Subdivision; thence east on the north line of Lot One (1) The Village Subdivision for a distance of Nine Hundred Ninety Seven and Seventy Nine Hundredths (997.79) feet to the west Approved as to Form T ~ June 23, 1999 "" City Attorney I I I ORDINANCE NO. 8486 (Cont.) line of Ramada Road; thence south on the west line of Ramada Road for a distance of Three Hundred and Seven Hundredths (300.07) feet to the northeast comer of Lot Five (5) Woodland Second Subdivision; thence west on the north line of Lot Five (5) Woodland Second Subdivision for a distance of Two Hundred and Nineteen Hundredths (200.19) feet; thence south on the westerly line of Lots Four (4) and Five (5) Woodland Second Subdivision to the westerly line of Ramada Road; thence southwesterly on the west line of Ramada Road for a distance of Sixty Nine and Thirty Seven Hundredths (69.37) feet; thence southeasterly on a line perpendicular to the westerly line of Ramada Road for a distance of Sixty (60.0) feet to the easterly line of Ramada Road; thence southwesterly on the easterly line of Ramada Road for a distance of Fifty (50.0) feet; thence northwesterly on a line perpendicular to the easterly line of Ramada Road for a distance of Sixty (60.0) feet to the westerly line of Ramada Road; thence southwesterly on the west line of Ramada Road to the northeast comer of Lot Five (5) Woodland Fourth Subdivision; thence west on the north line of Lots One (1), Two (2), Three (3), Four (4), and Five (5) Woodland Fourth Subdivision and Lot One (1 ) Woodland Second Subdivision to the point of beginning, all as shown on the plat dated June 15, 1999, attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 3. Said improvement shall be made in accordance with plans and specifications approved by the Engineer for the City who shall estimate the cost thereof, and submit the same to the City Council, and upon approval of the same, bids for the construction of such sanitary sewer shall be taken and contracts entered into in the manner provided by law. SECTION 4. The cost of construction of such sanitary sewer district shall be assessed against the property within the district abutting upon the easement or other right-of-way within which such sanitary sewer main has been constructed, to the extent of benefits to such property by reason of such improvement, and a special tax shall be levied at one time to pay for such cost of construction as soon as can be ascertained as provided by law; and such special tax and assessments shall constitute a sinking fund for the payment of any warrants or bonds with interest, issued for the purpose of paying the cost of such sewer in such district; and such special assessments shall be paid and collected in a fund to be designated and known as the Sewer and - 2 - Approved as to Form " June 23, 1999 '" City Attorney I I I ORDINANCE NO. 8486 (Cont.) Water Extension Fund and out of which all warrants issued for the purpose of paying the cost of sanitary sewer shall be paid. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval and publication, without the plat, as provided by law. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office ofthe Register of Deeds ofRall County, Nebraska. SECTION 7. After passage, approval and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted: June 28, 1999. I ~lrJ ily Clerk - 3 - Approved as to Form T June 23, 1999 ... City Attorney I I I 1:- <<.'tf 60' ()~ ,\~ <v. 0' w ~ 0:: Cl 60' Cl Z j 0 Cl ..0 o o ~ o o ru '" r- ....: <1' <1' '" r- ....: <1' r- ~<0 'N'tf 0<0 8 ~ 9 150' 150' RAMADA 300.07' ~ Y::- <v 10 158.36' RD. 158.36' ~ ci o ru 5 o o ru 158.36' 240,26' 398.44' (:)<v y'tf ~~ LOT ~. 0.;:) 792.22' /0) " / .~qj ~ ~,() 5vv C;j SANIT ARY SEVER DISTRICT 490 ~. 0.;:) 11 N 00 WOODLAND FOURTH SUB. In C"l ,..: <1' ..0 N 1 ~ 00 147.73' <( . . <( g 1 g:::E ru ru <( 0:: WOODLAND SECOND SUB. 50' POINT OF BEGINNING ----t Z E X H I BIT II A II CITY OF GRAND ISLAND , NEBR. ENGINEERING DEPARTMENT PLAT TO ACCOMPANY ORDINANCE NO, 8486 I SCALE 1'=200' L.n,C. 6/15/99.1 I I . This Space Reserved for Register of Deeds. ORDINANCE NO. 8487 An ordinance to create Street Improvement District No. 1224; to define the boundaries of the district; to provide for the improvement of a street within the district by paving, curbing, guttering, storm drainage, and other incidential work in connection therewith; to provide for the filing of this ordinance with the Hall County Register of Deeds; and to provide the publication and effective date ofthis ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 1224 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at the northeast comer of Lot 23 Meadowlark West Third Subdivision, said point also being the intersection of the south line of 13th Street and the west line of Allen Drive; thence west on the south line of 13th Street for a distance of Three Hundred (300.0) feet; thence southwesterly on a line for a distance of Four Hundred Forty Four and Six Tenths (444.6) feet more or less to a point on the east line of the U.S. Highway 281 right-of-way; thence south on the east line of U.S. Highway 281 to the north line of Faidley Avenue; thence east on the north line of Faidley Avenue to the west line of Allen Drive; thence south on a prolongation of Approved as to Form T ~ June 23, 1999 A City Attorney I I I ORDINANCE NO. 8487 (Cont.) the west line of Allen Drive for a distance of Eighty (80.0) feet; thence east on the south line of Faidley Avenue for a distance of One Hundred (100.0) feet; thence north on a prolongation of the east line of Allen Drive for a distance of Eighty (80.0) feet; thence east on the north line of Faidley Avenue for a distance of Three Hundred (300.0) feet; thence north on a line Three Hundred (300.0) feet east of and parallel to the east line of Allen Drive for a distance of Four Hundred Seventy Seven and Three Tenths (477.3) feet more or less; thence northwesterly on a line Three Hundred (300.0) feet east of and parallel to the easterly line of Allen Drive for a distance of Three Hundred Sixty and Seven Tenths (360.7) feet more or less; thence north on a line Three Hundred (300.0) feet east of and parallel to the east line of Allen Drive for a distance of One Thousand Nineteen and One Tenth (1,019.1) feet more or less; thence northeasterly on a line Three Hundred (300.0) feet east of and parallel to the easterly line of Allen Drive for a distance of Three Hundred Twenty Two and Eight Tenths (322.8) feet more or less; thence northerly on an arc with a radius of Six Hundred Thirty Seven and Ninety Seven Hundredths (637.97) feet to a point on the south line of 13th Street; thence west on the south line of 13th Street for a distance of Three Hundred (300.0) feet to the east line of Allen Drive; thence north on a prolongation of the east line of Allen Drive for a distance of Forty Five (45.0) feet; thence west on a line Forty Five (45.0) feet north of and parallel to the south line of 13th Street for a distance of One Hundred (100.0) feet; thence south on a prolongation of the west line of Allen Drive for a distance of Forty Five (45.0) feet to the point of beginning, all as shown on the plat dated June 18, 1999, attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 3. The following street in the district shall be improved by paving and other incidental work in connection therewith: Allen Drive from Faidley Avenue to 13th Street, in the City of Grand Island, Hall County, Nebraska Said improvements shall be made in accordance with plans and specifications approved by the Engineer for the City of Grand Island and approved by the Mayor and City Council. SECTION 4. All improvements shall be made at public cost, but the cost thereof, shall be assessed upon the lots and lands in the district specially benefited thereby as provided by law. - 2 - Approved as to Form T C415 June 23, 1999 ... City Attorney I I I ORDINANCE NO. 8487 (Cont.) SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the office ofthe Register of Deeds, Hall County, Nebraska. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, as provided by law. SECTION 7. After passage, approval and publication of this ordinance, without the plat, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted: June 28, 1999. // ~ Ken adt, ayor Attest: - 3 - Approved as to Form T June 23,1999 ... City Attorney I w Cl' u Cl' Z "- <l: 00 Z .... \!I P "- ~ . 0<: \0 :::: f 0 I ,001 ~ \. <I u " fllfl r", " n..... ,n'l' .~ . Zoo r:i ...., I~ :::: <[~ .J s. I-- I = ~cIJ 0 ~. r . D. II ~ t---l 0 UD c:> ~! . UZ (\j ! ~ N ~ . " <[ i~ . I ~ II . ...' t---l e .... ~N I ,crOLl II X ! W i ~ (\j I ~ I f-- I U \ 02 f-- I V> I P , .~ f-- I I III h Z I I ~)> w I~ I L , s ! 11 '<t, w I ! II . I ! > I I , I 0 '!i 1\ 0<: I ,,",, II u. 1i: \ } ~ I Cl \ I I f- II cD Cl f-- I " l:;3 i ! 1\ :J I C'i [,J I II Ul I I <>: w ! ::s= 0<: I II . r--1- ~ II f-- \ II II I ~ 1- ! V> I I' ~ hI JI ~ I ,..'UI n ------- l\ \ ,--""'-,- -----1 ,V'Ilt I I I ~ II \ I J . ! !i I, I ~ I~ II ! l . I "I ! 0 ! II I _ \ ! , a: 'I nil I I ...... II ~ :r: ~ I I I ,w." ~ II \ ! , \ I I I II Ii,} I, I , II ...... ~ ! 'I I ,- ! ~ . 'I I I l.j ,.....' .. II ! ~ , -1 a: ... r I ::s ...~ I 0 } ~ Il \ ~ : il ! 0 . . d~ " i1i ! ,~ ~ ! :2 I I ! ..\"hI .K._ I I 1 S I " ~I ! l I ! I I tl'lllU t ~ \ .. I r 'J. \ ,DOt ~'+ I ->,vV" ~ " '\'>' b ! ~ l {\ i . ~ '\ ~ s . ~. I ! !.l ~! ~= I ~~ g: I ~ ~ ~N I =N .." I .'" "" .J370/ll.3 3nN3A'I Ii Ii MJNOIJ3'I$W' ,001 I . This space reserved for Register of Deeds. ORDINANCE NO. 8488 An ordinance creating Water Main District No. 432 in the City of Grand Island, Hall I County, Nebraska; defining the boundaries of the district; providing for the laying of water mains in said district; approving plans and specifications and securing bids; assessing the cost of such improvements; providing for certification to the Register of Deeds; and providing the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Water Main District No. 432 in the City of Grand Island, Nebraska, is hereby created for the laying of six (6) inch diameter water mains with its appurtenances in Lot One (1) The Village Subdivision in the City of Grand Island, Hall County, Nebraska. SECTION 2. The boundaries of such water main connection district shall be more I particularly described as follows: Beginning at the northwest comer of Lot One (1) Woodland Second Subdivision, I I I ORDINANCE NO. 8488 (Cont.) said point also being the southwest corner of Lot One (1) The Village Subdivision; Thence northerly along the westerly line of said Lot One (1) The Village Subdivision a distance of seven hundred ninety two and twenty two hundredths (792.22) feet to the northwest corner of said Lot One (1) The Village Subdivision; Thence easterly along the northerly line of said Lot One (1) The Village Subdivision a distance of nine hundred ninety seven and seventy nine hundredths (997.79) feet to the westerly right-of-way line of Ramada Road; Thence southerly along the westerly right-of-way line of Ramada Road a distance ofthree hundred and seven hundredths (300.07) feet to the northeast corner of Lot Five (5) said Woodland Second Subdivision; Thence westerly along the northerly line of said Lot Five ( 5) Woodland Second Subdivision a distance of two hundred and nineteen hundredths (200.19) feet to the northwest corner of said Lot Five (5) Woodland Second Subdivision; Thence southerly along the westerly line of Lot Four (4) and Lot Five (5) said Woodland Second Subdivision a distance of three hundred ninety eight and forty four hundredths (398.44) feet to a point on the westerly right-of-way line of said Ramada Road; Thence southwesterly along the westerly right-of-way line of said Ramada Road a distance of sixty nine and thirty seven hundredths (69.37) feet; Thence southeasterly, perpendicular to the westerly right-of-way line of said Ramada Road a distance of sixty (60.0) feet to the easterly right-of-way line of said Ramada Road; Thence southwesterly along the easterly right-of-way line of said Ramada Road a distance of fifty (50.0) feet; Thence northwesterly, perpendicular to the easterly right-of-way line of said Ramada Road a distance of sixty (60.0) feet to the westerly right-of-way line of said Ramada Road; Thence southwesterly along the westerly right-of-way line of said Ramada Road a distance of twenty three (23.0) feet to the northeasterly corner of Lot Five (5) Woodland Fourth Subdivision; Thence westerly along the northerly line of Lots One (1), Two (2), Three (3), Four (4), and Five (5) said Woodland Fourth Subdivision and Lot One (1) said Woodland Second Subdivision a distance of six hundred ninety seven and thirty five hundredths (697.35) feet to the said Point Of Beginning. SECTION 3. Said improvement shall be made in accordance with plans and specifications approved by the Engineer for the City, who shall estimate the cost thereof. Bids for the construction of said water main shall be taken and contracts entered into in the manner provided by law. SECTION 4. The cost of construction of such water main district shall be assessed against the property within such district abutting upon the street or other right-of-way wherein such - 2 - Approved as to Form . VC June 23. 1999 . lty Attorney I I I ORDINANCE NO. 8488 (Cont.) water main has been constructed. Assessments shall be levied for repayment of the cost of construction to Water Fund 525 over a five year term at seven percent (7%) annual interest on one unpaid balance until the cost of construction is repaid. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, within fifteen days in one issue of the Grand Island Independent. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 7. After passage, approval and publication ofthis ordinance, notice ofthe creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted June 28, 1999. - 3 - Approved as to Form . t1(:fl5 June 23, 1999 . City Attorney WATER MAIN DISTRICT 432 BOUNDARY LINE ~~ <<:,' C?,). 997.79' WOODLAND DRIVE ~ 30' "'n. Setbo.' 797,79' --f -.J.J' .60' r--- Q- r-: RRR--: I-~I[]- :]:-;;;'~~~o'::enll ~ 1<0 '0 1 I L________y_...J ~ II ~ % ~ I ~ I I ..L so' Utility (o..ment I II :~: g Il;; ~ ~ : : i~-M--IT-~~~ I ~: Iii ~:~ I I[}I I L-J~ 11]1;;1111[J 1.:11 ~I I'~ ~.;I"<:) 'Ill 1 I II ~ I i I !II I I ~ I ci I - o<J ~ 1 I) c;;J LOT 1 IT 11;1 ; I ~II r U - - - -l IV I _~a ~I I (I ' 11~131 ,:11 I 001.' ..... ~ g I I ] L!: _ _ II ;! I i I -II I 200. 19' J ~[] I ~ 20~ti~E~,_ ~~ ~I \) uti ~ ~ .ll r '.ill I ':> I <( J - <) I · L____~. THE I 0 I 0 i--= iiL: L_B_G-r~~:tR~0i /" ,/<o~vc? :u: ici-~ rCJjr:r~~ 6;~"/' L__~_ ~~~ Y ~ 400.05' 10' uiiiiiy (;,.;;;;nl- - jQ""';' Srlbocl;'" - - O. ,," ~. ~..:s cf. ~ <l~~ ,,,OJ ~~}, ~rr; ~{5 ~U CO " I C) I ~ I ~ - - t "?- "- L " ~ ~ RAMADA RD. C) --- ---- W CO LL o I- ~ o a.. " o z :S o o o ~ ai ~~ ~ 0 ::l 0 f2~ aJ'YOP - GRAND.ISLAND um..rrms DEPARTMENT PLAT TO ACCOMPANY ORDINANCE NO. 8488 SCALE: 1 "-400' FILE: WMD 432 I I I ORDINANCE NO. 8489 An ordinance to amend Chapter 12 of the Grand Island City Code; to amend Section 12-5 pertaining to civil service positions; to repeal Section 12-5 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 12-5 of the Grand Island City Code is hereby amended to read as follows: ~12-5. Civil Service Positions The following official job classification titles are designated for employment positions subject to the Civil Service Act: Police Department: Police Chief Deputy Police Chief Police Captain Police Sergeant Police Detective Police Officer Fire Department: Fire Chief Deputy Fire Chief Fire Marshall Fire Training Officer Fire Captain Paramedic Supervisor Fire Fighter EMT-P Fire Fighter EMT The number of employment positions within each job classification shall be as from time to time determined by the Mayor. The Mayor shall have the authority to create additional employment positions and to eliminate any or all employment positions in each said job classification except Police Chief and Fire Chief. There shall be one employment position in the job classification of Police Chief and one employment position in the job classification of Fire Chief. SECTION 2. Section 12-5 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. Approved as to Form T ~ June 3D, 1999 ... City ttorney I I I ORDINANCE NO. 8489 (Cont.) SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: June 28, 1999. Attest: - 2 - Approved as to Form .., ~ June 30, 1999 ... City /i.ttorney I I I ORDINANCE NO. 8490 An ordinance to amend Chapter 30 of the Grand Island City Code; to repeal Section 30-85 pertaining to user fees for customers outside the corporate limits; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 30-85 of the Grand Island City Code which currently reads as follows, is hereby repealed: ~30-85. Consumers Outside City For connection with and service by the municipal sewer system outside the corporate limits of the City of Grand Island, each consumer or user shall pay the charges prescribed in ~30-81, ~30-82, ~30-83, and ~30-84 as their proportionate share of user charges, plus an additional charge equaled to 100 percent of such charges as capital charges. The additional capital charges are made for reimbursement of the investment the City has in its sewer system. Co~ection with said system outside the corporate limits of the City may be made only when permission thereof is granted by the council of the City of Grand Island. SECTION 2. Section 30-85 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. That this ordinance shall be in force and take effect on October 1, 1999, after its passage and publication in one issue of the Grand Island Independent as provided by law. Enacted: June 28, 1999. Attest: /,/ I * This Space Reserved for Register of Deeds * ORDINANCE NO. 8491 An ordinance creating Sanitary Sewer District No. 491 of the City of Grand Island, Nebraska; defining the boundaries thereof; providing for the laying of sanitary sewer mains in said district; providing for plans and specifications and securing bids; providing for the I assessment of special taxes for constructing such sewer aud collection thereof; aud providing for publication and the effective date ofthis ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Sanitary Sewer District No. 491 is hereby created for the construction of eight (8) inch and ten (10) inch sanitary sewer mains and appurtenances thereto in a part of Dale Roush Subdivision, Dale Roush Second Subdivision and Section Fourteen (14), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., all in the City of Grand Island, Hall County, Nebraska. SECTION 2. The boundaries of such sanitary sewer district shall be as follows: I Beginning at the northwest comer of Lot Thirty Three (33), Block One (1) Dale Roush Second Subdivision; thence east on the north line of Dale Roush Second Subdivision to the northeast comer of Lot Twenty Five (25), Block One (1) Dale Approved as to Form T ~ July 9, 1999 .... I Y torney I I I ORDINANCE NO. 8491 (Cont.) Roush Second Subdivision; thence north on a line Three Hundred Twenty Two and Three Hundredths (322.03) feet west of and parallel to the east line of the Southeast Quarter of the Northwest Quarter (SEY4 NWY4) of Section 14-11-10 for a distance of Two Hundred Seventy Nine and Eighteen Hundredths (279.18) feet; thence east on a line Two Hundred Seventy Nine and Eighteen Hundredths (279.18) feet north of and parallel to the north line of Dale Roush Second Subdivision for a distance of Three Hundred Twenty Two and Three Hundredths (322.03) feet to a point on the east line of the SEY4 NWY4 of Section 14-11-10; thence south on the east line of the SEY4 NWY4 of Section 14-11-10 a distance of Two Hundred Seventy Nine and Eighteen Hundredths (279.18) feet to the southeast comer of the SE Y4 NWY4 of Section 14-11-10 said point also being the northeast comer of Dale Roush Second Subdivision; thence south on the east line of Dale Roush Second Subdivision to a point Seven Hundred Fifty (750.0) feet north of the south line of Section 14-11-10; thence east on a line Seven Hundred Fifty (750.0) feet north of and parallel to the south line of Section 14-11-10 for a distance of Four Hundred Seventy Four (474.0) feet; thence south on a line Four Hundred Seventy Four (474.0) feet east of and parallel to the east line of Dale Roush Second Subdivision for a distance of Seven Hundred Eighty Three (783.0) feet to a point Thirty Three (33.0) feet south of the south line of Section 14-11-10; thence west on a line Thirty Three (33.0) feet south of and parallel to the south line of Section 14-11-10 to a point on a line being a prolongation of the west line of Dale Roush Second Subdivision; thence north on the west line of Dale Roush Second Subdivision and a prolongation thereof to the point of beginning, all as shown on the plat dated June 30, 1999, attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 3. Said improvement shall be made in accordance with plans and specifications prepared by the Engineer for the City who shall estimate the cost thereof, and submit the same to the City Council, and thereafter, bids for the construction of such sanitary sewer shall be taken and contracts entered into in the manner provided by law. SECTION 4. The cost of construction of such sanitary sewer district shall be assessed against the property within the district abutting upon the easement or other right-of-way within which such sanitary sewer main has been constructed, to the extent of benefits to such property by reason of such improvement, and a special tax shall be levied at one time to pay for such cost of construction as soon as can be ascertained as provided by law; and such special tax - 2 - Approved as to Form T ~I July 9, 1999 4. CIty ttomey I I I ORDINANCE NO. 8491 (Cont.) and assessments shall constitute a sinking fund for the payment of any warrants or bonds with interest, issued for the purpose of paying the cost of such sewer in such district; and such special assessments shall be paid and collected in a fund to be designated and known as the Sewer and Water Extension Fund and out of which all warrants issued for the purpose of paying the cost of sanitary sewer shall be paid. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval and publication, without the plat, as provided by law. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 7. After passage, approval and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted: July 12, 1999. ~~~ Ken,Gnadt, Mayor Attest: - 3 - Approved as to Form T Cfi!C July 9,1999 ... City Attorney (/) J> Z ~ J> ;0 -< (/) r1 ~ r1 ;0 t::J Vi -; ;0 (') -; -l> i!1 I i:::I ~ (J\ "- w co "- \0 \0 " I J> -I -I o J> zn DO o 003: -4" \OJ> ~Z -< ~rl ~ I o . ::.1 ~ Ir t::J ~ Z J> Z n r'1 f'l X I 1--1 to 1--1 ---j :::: J> :::: y~w W "U S z --< Cl -., to '" C1 Z z i 148.17' ~ !'" ~ w w ~38' g; SJ ~ 60' 158.6' ~ Iii tA n '! n 158.76' ~ ;:: l> Z n :c fTl 158.92' 159.07' 159.22' .8 159.38' -I' co 60' 159.54' . 06-<9 159.6'1' 159.85' 160.01' ~ ~ 160,17' 2 w C; fTl ~ Iii -I' ~ 60' 150' '! U1 ~ gjDAKOTA 136.5' . 120' ~ '" ~ &. a} ,Q "'f,p.... J' 81.54 ,( ,~ ~ , ~ ~.. "'~ r \ --- >I' J'<') C'~ /01- 7>1'. '7 7, 70 "1_ ,"". ~ '" '" 100' '" w ~ 100' NAVAJO 150' w ~ (J\ ~~ . ('\. -~C =?-v/'l. ~ w "" ~ co 60' 150' 150' g; PAWNEE PLACE g; Iou bu w ~ (J\ ~0 120' 3CI&4 298.35' 275.17' \'1J, I", '" 251.98' Q) '" ~ 250' ~C:j 0U& Q) "! Q) "! Q) ~ 250' DRIVE g; 120' 60' w o 150' U1 U1 150' w ~ 60' -I' '" CO ~ 120' Q) "! Q) "! Q) w . 60' ~ 60' 1@ 60' W ~ 2! " "" '" '< w ~ Q) 60' "! Q) 60' "i 60' Q) "! l> < fTl Z C fTl ,Q "'f,p" J:( 7 --- ~ 1:'4- 7 ----;. J'~ C'~ /01- 7>1', 71', 1'0 /0!18!Y ~ '" o W ~ ~ [g '" a- U) '" q 100' DRIVE 60' I{) 244' '-J l> ;0 l> "tI l> :c o fTl ~0 co 60'''! ru 244' g; PAWNEE 244' '-J ~- V G:' ~\ (:0 ry -- ru 244' 244' ROAD 244' '-J gj CHEYENNE ~. 244' 60' I{) 00 ~) '; 244' 244' $ SIOUX 244' 00 AVENUE $ 244' '-J \... <;1(~ , co "! ~~ 1>0 (.~~ ID '! '; 244' 244' ru " '" li! 322.03' I'\) U1 322.03' ,[1' 15/.03' ru <0' ~ (:) ~ ru (, ~ ~"W U) 70' 60'S \~ 100' 244' (J\ 244' PLACE g; 244' (J\ ID f'\l 601 Q) "! '" "! co '! 1:(.' '" q '" 60' '" co "! 192.0~' '" n "! :c fTl ;0 o ^ fTl fTl I'\) co Q) ~ 60' () "'1(('. Q) "! 60' Ui Q) "! 60' 8 g; co 60' "! o 192.03' '" "! ,q'.PR' 60' U1 189.70' l> < fTl Z C fTl !8RIP' 186.53' 184.95' a; ~ U1 a; U1 60' 182.57' ~ FAIDLEY AVENUE" ru " '" ~ ~ '" U1 ,Q "'f~" 1:'~ J:( 7 -- >I' I' --- ~ J'~ C'~ /01- I' >1', 1'1' '70 ..0 "'f,p" J:~ J:( 7 -- >I' ~ ! '" U1 474' -1'<') C'~ 01- I' >1', 1'7 '1'0 . " UI q 243' ::; "- 11) 231' tL 243' ~ .~ (J)-u~ C)>f'Tl m:::O(J) . 7'-1 ~ "0 00 Co :::0 -I I " ~ ::; "- o '< I:! I I I ORDINANCE NO. 8492 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising of Lot Two (2), Homestead Subdivision in the City of Grand Island, Hall County, Nebraska, from B2- General Business Zone to M2-Heavy Manufacturing Zone; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7; and providing for publication and an effective date ofthis ordinance. WHEREAS, the Regional Planning Commission on July 7, 1999, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Board of Education of School District No.2 in Hall County, Nebraska; and WHEREAS, after public hearing on July 12, 1999, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The tract of land comprising of Lot Two (2), Homestead Subdivision in the City of Grand Island, Hall County, Nebraska, is hereby rezoned and reclassified and changed from B2-General Business Zone to M2-Heavy Manufacturing Zone. SECTION 2. The Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-7 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. Approved as to Form T ~ July 23,1999 ... City ttomey I I I ORDINANCE NO. 8492 (Cont.) SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: July 26, 1999. Ken Gnadt, Mayor Attest: Cindy K. Johnson, City Clerk This Ordinance was not adapted by the City Council on 7-26-99. - 2 - Approved as to Form ., ~ July 23,1999 ... City Attorney I I I ORDINANCE NO. 8492 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising of Lot Two (2), Homestead Subdivision in the City of Grand Island, Hall County, Nebraska, from B2- General Business Zone to M2-Heavy Manufacturing Zone; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on July 7, 1999, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Board of Education of School District No.2 in Hall County, Nebraska; and WHEREAS, after public hearing on July 12, 1999, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The tract of land comprising of Lot Two (2), Homestead Subdivision in the City of Grand Island, Hall County, Nebraska, is hereby rezoned and reclassified and changed from B2-General Business Zone to M2-Heavy Manufacturing Zone. SECTION 2. The Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-7 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. . Approved as to Form T Cq1f:- July 9,1999 .A. City Attorney I I I ORDINANCE NO. 8492 (Cont.) SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: July 12, 1999. Ken Gnadt, Mayor Attest: Cindy K. Johnson, City Clerk This Ordinance was pulled from the July 12, 1999 City Council Meeting Agenda. - 2 - Approved as to Form T C,,(fl::;- July 9, 1999 ... City Attorney I I I ORDINANCE NO. 8493 An ordinance to amend Chapter 36 of the Grand Island City Code; to amend Section 36-17 pertaining to minimum side yard setback; to repeal Section 36-17 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date ofthis ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 36-17 of the Grand Island City Code is hereby amended to read as follows: ~36-17. R3 - Medium Density Residential Zone Purpose: To provide for residential uses at a maximum density of fourteen to fifteen dwelling units per acre with supporting connnunity facilities. This zone is some times used as a transitional zone between lower density residential zones and higher density residential, office, business, or manufacturing zones. (A) Permitted Principal Uses: (1) Dwelling units (2) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises (3) Public parks and recreational areas (4) Country clubs as defined herein (5) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level and colleges offering courses of general instruction, including convents, monasteries, dormitories and other related living structures when located on the same site as the college. (6) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature. (7) Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties. (8) Public and quasi-public buildings for cultural use (9) Railway right-of-way, but not including railway yards or facilities (B) Permitted Accessory Uses: (1) Customary home occupations (2) Buildings and uses accessory to the permitted principal use (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, in accordance with the procedures set forth in Article VIII and X of this chapter: (I) Nonprofit connnunity buildings and social welfare establishments other than those providing living acconnnodations (2) Driveways, parking lots, or buildings when directly associated with or accessory to a permitted principal use in an adjacent zone. (3) Preschools, nursery schools, day care centers, children's homes, and similar facilities (4) Towers (5) Off-street parking areas for schools and places of religious worshiplinstruction on lands adjacent to and within three hundred (300.0) feet of the principal building associated with the aforementioned uses. (D) Space Limitations: (1) Minimum lot area per dwelling unit: 3,000 square feet Approved as to Form T ~. July 27. 1999 -" City Attorney I I I ORDINANCE NO. 8493 (Cont.) (2) Minimum zoning lot: 6,000 square feet (3) Minimum lot width: 50 feet (4) Maximum height of building: 35 feet (5) Minimum front yard: 20 feet (6) Minimum rear yard: 15 feet (7) Minimum side yard: 5 feet; except a comer lot shall have a 10 foot setback adjacent to the side street (8) Maximum ground coverage: 50% (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein. SECTION 2. Section 36-17 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: July 26, 1999. Krn~ Attest: - 2 - ... /'/.0- Approved as to Form ~ ~ July 27, 1999 '" City Attorney I I I ORDINANCE NO. 8494 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising of Lot Two (2), Fonner Third Subdivision, and the easterly eighty (80.0) feet of Lots One (1) and Three (3) of Fonner Third Subdivision, all in the City of Grand Island, Hall County, Nebraska, from B1-Light Business Zone to B2-AC-Genera1 Business with an Arterial Commercial Overlay Zone; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7; and providing for publication and an effective date ofthis ordinance. WHEREAS, the Regional Planning Commission on July 7, 1999, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, RRS. 1943, has been given to the Board of Education of School District No.2 in Hall County, Nebraska; and WHEREAS, after public hearing on July 12, 1999, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The tract of land comprising of Lot Two (2), Fonner Third Subdivision, and the easterly eighty (80.0) feet of Lots One (1) and Three (3) of Fonner Third Subdivision, all in the City of Grand Island, Hall County, Nebraska, is hereby rezoned and reclassified and changed from B1-Light Business Zone to B2-AC-Genera1 Business with an Arterial Commercial Overlay Zone. Approved as to Form Y (;(p::; July 9, 1999 ... City Attorney I I I ORDINANCE NO. 8494 (Cont.) SECTION 2. The Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-7 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: July 12, 1999. Ken Gnadt, Mayor Attest: Cindy K. Johnson, City Clerk This Ordinance was tabled at the July 12, 1999 City Council Meeting. - 2 - Approved as to Form T ~ July 9, 1999 .... 1 Y Attorney I I I ORDINANCE NO. 8494 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising of Lot Two (2), Fonner Third Subdivision, and the easterly eighty (80.0) feet of Lots One (1) and Three (3) of Fonner Third Subdivision, all in the City of Grand Island, Hall County, Nebraska, from B1-Light Business Zone to B2-AC-General Business with an Arterial Commercial Overlay Zone; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7; and providing for publication and an effective date ofthis ordinance. WHEREAS, the Regional Planning Commission on July 7, 1999, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Board of Education of School District No.2 in Hall County, Nebraska; and WHEREAS, after public hearing on July 12, 1999, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The tract of land comprising of Lot Two (2), Fonner Third Subdivision, and the easterly eighty (80.0) feet of Lots One (1) and Three (3) of Fonner Third Subdivision, all in the City of Grand Island, Hall County, Nebraska, is hereby rezoned and reclassified and changed from B1-Light Business Zone to B2-AC-General Business with an Arterial Commercial Overlay Zone. Approved as to Form T July 23, 1999 .. City Attorney I I ~I ORDINANCE NO. 8494 (Cont.) SECTION 2. The Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-7 ofthe Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: July 26, 1999. Ken Gnadt, Mayor Attest: Cindy K. Johnson, City Clerk This application was pulled by the applicant from the 7/26/99 Agenda. - 2 - Approved as to Form T July 23,1999 ... City Attorney I ORDINANCE NO. 8495 An ordinance levying a special tax to pay the cost to the City of cutting, destroying, and removing weeds, grasses, or worthless vegetation, pursuant to Sections 17-36 and 17-38 of the Grand Island City Code upon certain lots and pieces of ground; providing for the collection thereof; repealing ordinances or parts of ordinances in the Grand Island City Code in conflict herewith; and providing for the publication and effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. A special tax is hereby levied for the cost of cutting, destroying, and removing weeds, grasses, or worthless vegetation upon the hereinafter described lots and pieces of ground during the 1998 season in proportion to the special benefits to such real estate I as determined and assessed by the City Council sitting as a Board of Equalization after dne notice thereof, in the following amounts: I Name/Address Marj ean Green 215 S. Elm Grand Island, NE 68801 Bonnie Gilpin 112 W. Charles Street Overland National Bank ATTN: D. Rabe 304 W. 3rd Street Grand Island, NE 68801 Jerry Sobieszyk Route 1, Box 141 Sargent, NE 68874 Gonza1o Rodriguez 4409 E. 55th Street Maxwood, CA 90270 Description Lot 1, Block 66, Wheeler & Bennet Addition Assessment $95.00 East 56' of West 174' of Block 5, Hann's 3rd Addition 230.00 Lot 1, Block 12, Lambert's Addition 195.00 Lot 2, Block 21, Original Town 150.00 Approved as to Form T ~ July 9, 1999 '" City Attorney I I I ORDINANCE NO. 8495 (Cont.) SECTION 2. Such special tax shall be due and payable to the City thirty (30) days after such levy and shall become delinquent fifty (50) days after such levy. After the same shall become delinquent, interest at the rate of 14 percent (14%) per annum shall be paid thereon. The same shall be collected in the same manner as other city taxes. SECTION 3. Such special taxes shall be collected by the Finance Director of the City of Grand Island, Nebraska, as provided by law. SECTION 4. Such special taxes, if not previously paid, shall be certified to the County Clerk at the same time as the next certification for general revenue purposes. SECTION 5. Such special taxes, when received, shall be applied to reimburse the General Fund Account No. 100.142.01435, from which the cost of such improvement was paid. SECTION 6. All ordinances or parts of ordinances or provisions in the Grand Island City Code in conflict herewith be, and the same hereby are, repealed. SECTION 7. This ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: July 12, 1999. Ken Attest: (,'; II j1/; Cindy K. JI ~G 4..0....., ~ ~ ~.6 c-l\' (J! ~"~ . . :... :~ *, : p~ \ tJrc I') '\\1'!' l '" ''',~ -. ., t. \ tla.we \~~:eRP:s~\1- - 2 - Approved as to Form ... ~ July 9,1999 ... City Attorney I I I * This Space Reserved for Register of Deeds * ORDINANCE NO. 8496 An ordinance to vacate a portion of an existing easement located in the Northeast Quarter of the Southwest Quarter (NEl/4, SWl/4) of Section Ten (10), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska; to provide for filing this ordinance in the office of the Register of Deeds of Hall County; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That a portion of an existing easement located in the Northeast Quarter of the Southwest Quarter (NE~ SW~) of Section Ten (10), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska, and more particularly described as follows: Commencing at the northeast comer of Lot 1, Block 34 of Lambert's Addition; thence on an assumed bearing ofN 64019'14" E along the south line of 9th Street a distance of 80.00 feet to the northwest comer of Block 33 of Lamberts Addition; thence N 26000'38" W along the east right-of-way line of Lambert Street a Approved as to Form' T ~ July 9, 1999 ... I Y Attorney I I I ORDINANCE NO. 8496 (Cont.) distance of 381. 06 feet to the point of beginning; thence N 26000'38" W along the east right-of-way line of Lambert Street a distance of 25.62 feet; thence S 83007'03" E a distance of 359.56 feet; thence N 86040'35" W along the south boundary of the easement a distance of 346.28 feet to the point of beginning, as shown on the drawing dated June 1999, attached hereto and incorporated herein by reference; be, and hereby is, vacated. SECTION 2. This ordinance is directed to be filed in the office of the Register of Deeds ofRall County, Nebraska. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: July 12, 1999. ;;!;{~4 Ken G2.t, Mayor Attest: "I 0'\ r\;l ~jV'JJ Cindy K. - 2 - Approved as to Form T ~ July 9, 1999 ... City Attorney I ZUJ o~ (f):: ~~ o~ ~ g en ~~~ ~ tI10~ ~ "O-z. 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Ov>~ww4.. ~6~t-~~ Z~4..<~~~~~~~~O~ ~I-I-~~g ~~o~~zw~~o~~~~ O~^~ID~ t-~~WUwZI-Z<~ZZ~ ~~~~~u.. 1-:3~~l-u~og~og~~. ~~~e V> ~4..~V>~~rl-<(W<<~ u..::Jzw~": t;)O~I~I~I-~~w~O Of?:~~~o ~v ~j:t- t1; ~E _ <(6 t- zzo~ ~n84..~z~4..oot-n~t-z ~~owu~ w~:::;ozQ ~~5P~~Z~ ~1-6~j~ ~g~ww5~~~~P~~g' \.J..W<(<(W O~v>ZIo~~m ~w w ..:OVl"'IO uro":~I-":"''''N:3WW~ro ,,; ,,; O~ - .:IS "I'f\f 6~:8 66 ~Z 9 I I I ORDINANCE NO. 8497 An ordinance to amend Chapter 32 of the Grand Island City Code; to amend Sections 32-72.1 and 32-72.7 pertaining to roll off boxes; to repeal Sections 32-72.1 and 73-72.7 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 32-72.1 of the Grand Island City Code is hereby amended to read as follows: ~32-72.1. Use of Public Right-of-Way (1) It shall be unlawful for any person, as defined in this Code to use and obstruct for building, construction, demolition or razing purposes any street, alley, or sidewalk, or part thereof, without first securing a permit from the director of public works, pay the fee therefor, and giving bond/proof of insurance, 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, razing, 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. (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 each 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 director of public works, 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 sidewalks to or from the building, construction, demolition or razing site, provided, a watchman is stationed at the sidewalk to warn and protect the public. (2) No permit, as provided above, shall be required for any roll off box owned and provided by a collector licensed pursuant to Chapter 17, Article II of the City Code. All other provisions of Chapter 32, Article VII, relating to use of public right-of-way shall apply to any roll off box which is used upon and obstructs any street, alley or sidewalk or part thereof. SECTION 2. Section 32-72.7 of the Grand Island City Code is hereby amended to read as follows: ~32-72.7. Amber Blinking Lights or Flares (1) 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. (2) Any roll off box using and obstructing a street, alley or sidewalk or part thereof must be equipped with reflective material not less than two (2.0) square feet in area on both the front and back ends. Approved as to Form July 13, 1999 TCefV ... City Attorney I I I ORDINANCE NO. 8497 (Cont.) SECTION 3. Sections 32-72.1 and 32.72.7 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: July 12, 1999. Ken~ Attest: t1JvJ - 2 - Approved as to Form July 13, 1999 I ORDINANCE NO. 8498 An ordinance to amend "The Annual Appropriation Bill" of the City of Grand Island, Nebraska, to revise the budget statement pursuant to the Nebraska Budget Act for the fiscal year commencing October 1, 1998 and ending September 30, 1999; to provide for severability; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. An amended appropriation is hereby made for the ensuing fiscal year to defray all necessary expenses and liabilities of City departments, funds, and operations. The object and purpose of the appropriation shall be to pay for any and all necessary expenses and liabilities for the following departments, funds, and operations. I Total Revised Funds Appropriation Amendment Aporooriation General 22,973,963 273,500 23,247,463 Special Revenue 5,728,409 0 5,728,409 Debt Service 9,845,691 <273,500> 9,572,191 Capital Projects 9,368,866 0 9,368,866 Enterprise 51,503,892 0 51,503,892 Internal Service 6,723,067 0 6,723,067 Agency 184,806 0 184,806 Trust 1 ,461 .341 0 1.461 .341 Total Appropriation All Funds 107.790.035 273.500 107.790.035 SECTION 2. The foregoing amendments are necessary and prudent to address circumstances which could not have been reasonably anticipated at the time of the enactment of I The Annual Appropriation Bill, Ordinance No. 8403, and fund transfers as provided above shall be appropriated for the following purposes: Approved as to Form" ~ July 9.1999 ... City Attorney I I I ORDINANCE NO. 8498 (Cont.) (A) Provides $65,269 for interim increase in BCBS Health insurance premiums for the General Fund. (B) Provides $34,154 in funding for new laptop PC's for the City Council. (C) Provides $35,000 for equipment for the fire engine purchased in this current fiscal year. (D) Provides $231,000 for purchase of new Fire Engine with all basic equipment. (E) Current budget provided for $50,000 to refurbish an ambulance. This amendment provides for an additional $15,000 to provide for purchase of a new ambulance instead of refurbishing an old ambulance. (F) Provides $75,000 for purchase of new Modular Ambulance. (G) Provides $12,847 for purchase and improvement to land for Police Department impound lot. (H) Provides $31,997 for Portable Radios for the Police Department. (I) Provides $45,715 for Mobile Video Cameras for the Police Department. (J) Provides $53,469 for Radar Units for the Police Department. (K) Provides $12,000 for City share of Beechler Park Bandstand. (L) Provides $90,000 for additional appropriation for the Homestead Loan program. This funding comes from Community Developments budget Fund 250. (M) Provides $142,000 for funding for new Lincoln View Estates program. This funding comes from Community Developments budget Fund 250. SECTION 3. The foregoing appropriate amendments and expenditures will not increase the previously adopted total budgeted expenditures beyond that initially adopted in the amount of$107,790,035. SECTION 4. If any section, subsection, or any other portion of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall - 2 - Approved as to Form T ~ July 9, 1999 ... City Attorney I I I ORDINANCE NO. 8498 (Cont.) be deemed separate, distinct, and independent, and such holding shall not affect the validity of the remaining portions thereof. SECTION 5. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: July 12, 1999. '" ./ ,,/ ~~tJ Ken Gn t, Mayor Attest: - 3 - Approved as to Form T ~ July 9, 1999 ... City Attorney I I I ORDINANCE NO. 8499 An ordinance to amend Chapter 32 of the Grand Island City Code; to amend Section 32-43, 32-45, 32-46, 32-47, 32-48, and 32-51 pertaining to street vendor permits; to repeal Section 32-43, 32-45, 32-46, 32-47, 32-48 and 32-51 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 32-43 of the Grand Island City Code is hereby amended to read as follows: ~32-43. Prerequisites to Engaging in Business No person shall engage in any business as described by ~32-46 without first making application to and obtaining a permit from the City Clerk or his/her designee for permission to use the streets of the City for such purpose and without first paying the occupation tax provided for in the City of Grand Island Fee Schedule. SECTION 2. Section 32-45 of the Grand Island City Code is hereby amended to read as follows: ~32-45. Downtown Business District Streets It shall be unlawful for any person authorized to do business under this article to offer merchandise, food or drinks for sale on any street listed in ~ 13-17 Congested Parking Area of this code. SECTION 3. Section 32-46 of the Grand Island City Code is hereby amended to read as follows: ~32-46. Occupation Tax There is hereby levied upon every person engaged in the business of traveling about the City selling merchandise, food or drinks, on streets, alleys, easements or other public property, an occupation tax in accordance with the City of Grand Island Fee Schedule, payable in advance, which tax shall become due and payable on May 1 and shall expire on April 30 of each year. Approved as to Form T ~ July 27.1999 ... 6iYXtto:y I I I ORDINANCE NO. 8499 (Cont.) SECTION 4. Section 32-47 of the Grand Island City Code is hereby amended to read as follows: ~32-47. Tax; To Whom Paid; Disposition The occupation tax provided for by 932-46 shall be paid to the city treasurer and shall be credited to the general fund of the City. SECTION 5. Section 32-48 of the Grand Island City Code is hereby amended to read as follows: ~32-48. Health Certificate Any person, prior to engaging in sales of food or drink pursuant to this article, shall obtain a Food and Drink Permit from the Grand Island-Hall County Department of Health. SECTION 6. Section 32-51 of the Grand Island City Code is hereby amended to read as follows: ~32-51. When Concessions Granted to Others (A) No person shall engage in sales of food or drink at any City park or recreational facility without first obtaining written permission from the Parks and Recreation Director and the City Administrator. The Parks and Recreation Director and the City Administrator shall have authority to limit the number of street vendors doing business at any City park or recreation facility and the manner and time that such sales are conducted. (B) It shall be unlawful for any person authorized to do business under this article to carry on such business at any City park or recreation facility, baseball or football game, or any other athletic contest where an exclusive concession to carryon a similar business has been granted by the Parks and Recreation Director and the City Administrator or the entity or person in charge of such facilities or event. (C) Any person that has been refused permission to engage in sales of food or drink at any City park or recreational facility by the Parks and Recreation Director and the City Administrator may request a hearing before the Mayor and City Council on the issue of whether the refusal was arbitrary, capricious or unreasonable. SECTION 7. Section 32-43, 32-45, 32-46, 32-47, 32-48, and 32-51 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 8. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. -2- Approved as to Form T C/(fL. July 27. 1999 ... City Attorney I I I ORDINANCE NO. 8499 (Cont.) Enacted: July 26, 1999. Attest: r1t ~. Ken ~ Mayor - 3 - Approved as to Form T ~ July 27, 1999 '" City Attorney I I I ORDINANCE NO. 8500 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising a part of the North Half of the Northeast Quarter (Nl/2 NE1/4) of Section Twenty Six (26), Township Eleven (11) North, Range Nine (9) West ofthe 6th P.M. in the City of Grand Island, Hall County, Nebraska, also referred to as proposed Lot One (1), Sandy Beach Second Subdivision, from AG- Agricultural Zone to TA-Transitional Agricultural Zone; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on August 4, 1999, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Board of Education of School District No. 28 in Hall County, Nebraska; and WHEREAS, after public hearing on August 9, 1999, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The tract of land comprising a part of the North Half of the Northeast Quarter (Nl/2 NEl/4) of Section Twenty Six (26), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in Hall County, Nebraska, more particularly described as follows: Beginning at the northwest comer of said North Half of the Northeast Quarter (Nl/2 NE1/4), said point also being the northeast comer of Sandy Beach Subdivision; thence running easterly, along and upon the north line of said North Half of the Northeast Quarter (N1/2 NE1/4), a distance of One Hundred Eighty Nine and Sixty Six Hundredths (189.66) feet; thence deflecting right 90021'10" and running southerly a distance of One Hundred Forty Two and Eight Approved' as to Form T ~ August 5,1999 A City Attorney I I I ORDINANCE NO. 8500 (Cont.) Hundredths (142.08) feet to a point of curvature; thence running southwesterly, along and upon the arc of a curve to the right whose radius is 273.89 feet, a distance of Three Hundred Forty Four and Six Tenths (344.60) feet (long chord distance = 322.32' - long chord deflecting right 36002'40" from the previously described course) to a point on the west line of said North Half of the Northeast Quarter (Nl/2 NEl/4), said point also being on the east line of said Sandy Beach Subdivision; thence deflecting right 143057'18" and running northerly, along and upon the west line of said North Half of the Northeast Quarter (Nl/2 NEl/4), and also being along and upon the east line of said Sandy Beach Subdivision, a distance of Four Hundred One and Fifty Three Hundredths (401.53) feet to the point of beginning and containing 1.447 acres, more or less [also referred to as proposed Lot One (1), Sandy Beach Second Subdivision]; is hereby rezoned and reclassified and changed from AG-Agricultural Zone to TA-Transitional Agricultural Zone. SECTION 2. The Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-7 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: August 9, 1999. Ke A~i Cindy K. Jo ' - 2 - Approved as to Form ~~ August 5,1999 ... . lty Attorney I * This space reserved for Register of Deeds * ORDINANCE NO. 8501 An ordinance to vacate the plat for Meadowlark West Subdivision; to provide for the filing of this ordinance in the office of the Register of Deeds of Hall County; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the I effective date ofthis ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the plat dated August 21, 1972, and approved by the City of Grand Island on September 18, 1972, for Meadowlark West Subdivision is hereby vacated. SECTION 2. The title to the property vacated by Section 1 of this ordinance shall revert to the owner or owners of the real estate abutting the same in proportion to the respective ownership of such real estate. SECTION 3. This ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. I SECTION 4. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. ~.,...- Approved as to Form .., August 10, 1999 '" Ci Y At orney I I I ORDINANCE NO. 8501 (Cant.) Enacted: August 9, 1999. Attest: Cindy K. J .. - 2 - Ken Approved as to Form T ~ August 10, 1999 ... City Attorney I ORDINANCE NO. 8502 An ordinance to direct and authorize the conveyance of a tract of land comprising of Lot Two (2), Block Twelve (12), Voitles Addition to the City of Grand Island, Hall County, Nebraska; to provide for the giving of notice of such conveyance and the terms thereof; to provide for the right to file a remonstrance against such conveyance; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The conveyance to Jonell Ann Vogt, a single person, of a tract of land comprising of Lot Two (2), Block Twelve (12), Voitles Addition to the City of Grand Island, Hall County, Nebraska; is hereby authorized and directed. I SECTION 2. The consideration for such conveyance shall be Sixty Nine Thousand Dollars ($69,000). Conveyance of the real estate above described may be by deed, upon delivery of the consideration. Such conveyance shall be conditioned upon the terms and conditions of a Contract of Sale. A title insurance policy is not required to be furnished by the City. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and publish such notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand I Island to file a remonstrance against the conveyance of such within descrihed rea! estate; and if a Approved as to Form ~~<::.... August 5, 1999 .... I Y Attorney I I I ORDINANCE NO. 8502 (Cont.) remonstrance against such conveyance signed by legal electors of the City of Grand Island equal in number to thirty percent of the electors of the City of Grand Island voting at the last regular municipal election held in such City be filed with the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, the Mayor and City Clerk shall make, execute and deliver to Jonell Ann Vogt, a single person, a deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: August 9, 1999. Attest: - 2 - Approved as to Form .., ~ August 5, 1999 ... City Attorney I I I ORDINANCE NO. 8503 An ordinance known as "The Annual Appropriation Bill" of the City of Grand Island, Nebraska, to adopt the proposed budget statement pursuant to the Nebraska Budget Act, as amended by Addendum #1, for the fiscal year commencing October 1, 1999 and ending September 30, 2000; to provide for severability; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. An appropriation is hereby made for the ensuing fiscal year to defray all necessary expenses and liabilities of City departments, funds, and operations. The object and purpose of the appropriation shall be to pay for any and all necessary expenses and liabilities for the following departments, funds, and operations. Operating Total Funds Exoenditure Transfers Approoriation General 23,861,382 5,279,477 29,140,859 Special Revenue 1,959,911 3,428,057 5,387,968 Debt Service 2,649,353 6,969,570 9,618,923 Capital Projects 8,686,500 100,000 8,786,500 Enterprise 50,553,616 0 50,553,616 I nternal Service 7,820,536 0 7,820,536 Agency 2,185,887 10,000 2,195,887 Trust 1 ,415,p34 134,674 1 ,549,708 Total Appropriation All Funds 99.132.219 15.921.778 115.053.997 SECTION 2. The proposed budget statement pursuant to the Nebraska Budget Act, is hereby amended by Addendum #1 attached hereto and approved and adopted for the fiscal year beginning October 1, 1999 and ending September 30,2000. Approved as to Form T ~ August 13, 1999 .. I Y ttorney I I I ORDINANCE NO. 8503 (Cont.) SECTION 3. If any section, subsection, or any other portion of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct, and independent, and such holding shall not affect the validity of the remaining portions thereof. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: August 16, 1999. Ke~ Attest: - 2 - Approved as to Form T C(fV August 13, 1999 ... City Attorney I Fund Dept# General General General General General 15010 15010 12120 15010 15010 Capital Improvements I Department Non-Departmental Non-Departmental Fire Non-Departmental Non-Departmental 40089 ADDENDUM #1 1999-2000 BUDGET Description of Item CERT Dive and Rescue Aerial Truck International Visitors Facility Use Total Increase In General Fund Appropriation Northwest Transportation Total Increase in Capital Improvements Fund Appropriation Increase (Decrease) Fund Appropriation 5,000 2,000 650,000 500 65,000 $ 722,500 300,000 $ 300,000 Note: The Council indicated its intent to extend the Bond issue for Fund 362 South LocustIWood River Project from 10 years to 15 years. We did not change the appropriation in Fund 362 to reflect this, simply because it still gives us flexibility to decide how long we wantto bond when the time for issuing bonds actually occurs. However, it is our intention at this time to bond this project for 15 years for cash flow purposes. We will bring the Bond issue before the City Coucil for approval at a later date. I I I I ORDINANCE NO. 8504 An ordinance to assess and levy a special tax to pay the 1999-2000 revenue year cost of Business Improvement District No.2 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any provisions of the Grand Island City Code, ordinances, or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the 1999-2000 revenue year cost of Business Improvement District No. 2 of the City of Grand Island, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such Business Improvement District, after due notice having been given thereof as provided by law; and a special tax for such 1999-2000 revenue year cost is hereby levied at one time upon such lots, tracts and lands as follows: Name Description Assessment Jack A. Luth N 100.5' E2/3 Lot 1, Block 54, Original Town 223.34 Jack A. Luth 8 31.9' E2/3 Lot 1, Block 54, Original Town 35.45 Warren Distribution W1/3 Lot 1, Block 54, Original Town 29.95 R. Dennis & Patricia A. Norris Lot 2, Block 54, Original Town 379.56 John & Teresa A. Wayne N1/2 ofW2/3 Lot 6, N1/2 Lot 5, Block 54, Original 221.56 Town Gus Katrouzos 860' W1/3 Lot 5, Block 54, Original Town 72.67 Gus Katrouzos 860' W 16' E2/3 Lot 5, Block 54, Original Town 39.00 Nickie J. Kallos E 28' 81/2 Lot 5; N 6' W 38' 81/2 Lot 5, Block 54, 99.26 Original Town Approved as to Form T C-l!C August 20, 1999 ... City Attorney I I I ORDINANCE NO. 8504 (Cont.) Nickie J. Kallos W 22' S 1/2 Lot 6, Block 54, Original Town 81.54 R. Dennis & Patricia Norris E 22' W 44' S 1/2 Lot 6; E 22' Lot 6, Block 54, 336.78 Original Town R. Dennis & Patricia Norris W1/3 Lot 7, Block 54, Original Town 269.42 R. Dennis & Patricia Norris Cl/3 Lot 7, Block 54, Original Town 258.79 Warren Distribution E1/3 Lot 7, Block 54, Original Town 46.09 Warren Distribution W1/3 Lot 8, Block 54, Original Town 56.72 Warren Distribution C1/3 Lot 8, Block 54, Original Town 56.72 Richard & Barbara Bellows E1/3 Lot 8 (Except 15' x 15' x 15' triangle sold to 20.59 City), Block 54, Original Town Nathan Detroits, Inc. N1/2 Lot 1, Block 55, Original Town 141.80 Nathan Detroits, Inc. N 44' S1/2 Lot 1, Block 55, Original Town 283.60 John A. Aspen S 22Yz 'Lot 1, Block 55, Original Town 56.72 Wayne & Opal Marsh S1/2 W1/2 Lot 3; S1/2 Lot 4, Block 55, Original 191.43 Town Norwest Bank Omaha N 67112' Lot 5, Block 55, Original Town 37.85 Charles Armstrong, Jr. N 20' S 64.5' Lot 5, Block 55, Original Town 69.13 Fredda Bartenbach S 44.5' Lot 5, Block 55, Original Town 154.21 Grand Island Little Theatre, Inc. W1/3 Lot 6, Block 55, Original Town 159.53 Grand Island Little Theatre, Inc. C1/3 Lot 6, Block 55, Original Town 198.52 Arthur & Jeanene Campos E1/3 Lot 6, Block 55, Original Town 115.21 Jerry & Sandra L. Newman W1/3 Lot 7, Block 55, Original Town 85.08 Roger Keith & David Landis E2/3 Lot 7, Block 55, Original Town 198.52 Thomas W. & Angela J. Ziller W1/3 Lot 8, Block 55, Original Town 82.95 Thomas W. & Angela J. Ziller C1/3 Lot 8, Block 55, Original Town 82.95 Thomas W. Ziller E1/3 Lot 8, Block 55, Original Town 53.18 Norwest Bank Omaha N 68' Lot 1; Lot 2; E1/2 Lot 3, Block 56, Original 155.59 Town Norwest Bank Omaha N 22' of S 42', W 6' S 20', Lot 1, Block 56, Original 13.93 Town Norwest Bank Omaha N 22' of S 64' Lot 1, Block 56, Original Town 12.87 Norwest Bank Omaha S 20' ofE 60' Lot 1, Block 56, Original Town 10.64 Ron Von Behren W1/3 Lot 5, Block 56, Original Town 117.84 - 2 - Approved as to Form" u-c August 20, 1999 .... City Attorney I I I ORDINANCE NO. 8504 (Cont.) Jim Huebner & Shane Peterson E2/3 Lot 5, Block 56, Original Town 186.11 Bette Tiner, Trustee W2/3 Lot 6, Block 56, Original Town 267.65 Bette Tiner, Trustee ElI3 Lot 6, Block 56, Original Town 125.49 Duane A. & Dee Ann Johnson Lot 7, Block 56, Original Town 276.51 Norwest Bank Omaha Lot 8, Block 56, Original Town 2,364.52 William P. & Juliann Ziller Lot 1, Ziller Subdivision 266.93 Furniture Clearing House, Inc. Lot 2, Ziller Subdivision 247.09 R.L. Fridley Theatres, Inc. E2/3 Lot 6, Block 57, Original Town 166.62 Overland Building Corp. Lot 7, Block 57, Original Town 575.35 Overland Building Corp. Lot 8, Block 57, Original Town 949.71 First Bank NA Lots 1 & 2, Block 58, Original Town 230.43 First Bank NA NlI2 Lot 3, NlI2 Lot 4, Block 58, Original Town 94.00 First Bank NA Sl/2 Lot 3, SI/2 Lot 4, Block 58, Original Town 89.65 First Bank NA Lot 5, W 22' Lot 6, Block 58, Original Town 1,418.00 Tom Myers & Darrell Albers Lot 1, Jensen Subdivision 85.08 Harlan & Bonnie L. Jensen Lot 2, Jensen Subdivision 53.18 Kitchen & Bath Unlimited WlI3 Lot 7, Block 58, Original Town 77.99 K & S Inc. ClI3 Lot 7, Block 58, Original Town 77.99 O'Neill Brothers ElI3 Lot 7, Block 58, Original Town 43.67 O'Neill Brothers WlI3 Lot 8, Block 58, Original Town 51.86 O'Neill Brothers ClI3 Lot 8, Block 58, Original Town 76.43 O'Neill Brothers ElI3 Lot 8, Block 58, Original Town 131.02 Mead Bldg. Centers ofG.I. N 102Yz' Lot 1, Block 59, Original Town 237.52 Mead Bldg. Centers ofG.I. Lot 2, Block 59, Original Town 69.67 Mead Bldg. Centers ofG.!. N 33' Lot 4, Block 59, Original Town 159.53 H&HLandCo. S 29Yz' Lot 1, Block 59, Original Town 19.65 Mead Bldg. Centers of G.I. S 99' Lot 4; Lot 3, Block 59, Original Town 141.80 Norwest Bank Lot 5, Block 59, Original Town 244.61 Larry & Mary Ann Gerdes W 23' Lot 6, Block 59, Original Town 88.63 Chanh Ty Ngo & My T Nguyen E 23' W 46' Lot 6, Block 59, Original Town 88.63 lola Grimminger, et al E 20' Lot 6; WYZ Lot 7, Block 59, Original Town 49.60 H & H Land Company W 22' El/2 Lot 7, Block 59, Original Town 88.63 - 3 - Approved as to Form " August 20,1999 ... City Attorney I I I ORDINANCE NO. 8504 (Cont.) H & H Land Company E II' Lot 7; Lot 8, Block 59, Original Town 329.69 William Livengood Lots 1 & 2, Block 60, Original Town 487.44 William Livengood Lot 3, Block 60, Original Town 134.71 William Livengood Lot 4, Block 60, Original Town 138.96 618 W. 3fO Street LLC Lots 5 & 6, Block 60, Original Town 301.33 Doax Investment Co. Lots 7 & 8, Block 60, Original Town 436.04 First National Bank of G.!., Lots 1 & 2, Block 61, Original Town 606.08 Trustee Norwest Bank Nebraska NA Lots 3 & 4, Block 61, Original Town 575.31 Fred M. Glade, III Lot 5, Block 61, Original Town 443.13 Jerome Niedfelt Lots 6, 7 and 8, Block 61, Original Town 794.08 Richard H. & Arlene M. Baasch S 44' Lot 1, Block 62, Original Town 148.89 Bette Tiner, Trustee N 88' Lot 1, Block 62, Original Town 397.04 Bette Tiner, Trustee Lot 2, Block 62, Original Town 361.59 Northwestern Public Service S 66' Lot 4; N 66' ofE 57' and S 66' Lot 3, Block 62, 939.43 Original Town Alan D. Zwink N 66' W 9' Lot 3; N 66' Lot 4, Block 62, Original 148.89 Town Vogel Enterprises, Ltd. E 16' Lot 5, W Yz Lot 6, Block 62, Original Town 52.63 Vogel Enterprises, Ltd. E Yz Lot 6, W Yz Lot 7, Block 62, Original Town 354.50 Old Sears Development, Inc. Lots 1 & 2, Block 63, Original Town 868.53 Old Sears Development, Inc. E2/3 Lot 3, Block 63, Original Town 326.14 John R. Miller Wl/3 Lot 3, ElI3 Lot 4, Block 63, Original Town 187.89 Kenneth O. & Mary J. Leetch W2/3 Lot 4, Block 63, Original Town 223.34 Grand Island College Lot 7, Block 63, Original Town 1,145.04 Grand Island Investment, Inc. S 88' Lot 8, Block 63, Original Town 265.88 Maude E. Walters ElI3 Lot 1, Block 64, Original Town 106.35 Craig C. Hand ClI3 Lot 1, Block 64, Original Town 134.71 Cosrec, a Partnership WlI3 Lot 1, Block 64, Original Town 109.90 Glade Inc. E 44' Lot 2, Block 64, Original Town 219.44 Ivan P. & Sharon L. Walsh WlI3 Lot 2, Block 64, Original Town 121.95 Daniel P. & Molly J. Cimino ElI3 Lot 3, Block 64, Original Town 106.35 -4- Approved as to Form T ~ August 20,1999 ... City Attorney I I I ORDINANCE NO. 8504 (Cont.) Services Unlimited Agricultural W2/3 Lot 3, Block 64, Original Town 152.44 Consultants, Inc. David A. & Susan L. Wetherilt Lot 4, Block 64, Original Town 496.30 Ronald L. & Francene Zook N 22' Lot 8, Block 64, Original Town 193.84 Terry M. & Susan M. Taylor S 112 N1I3 Lot 8, Block 64, Original Town 124.08 Laverne & Donna Shehein N 44' S 88' Lot 8, Block 64, Original Town 170.16 Wayne E. & Ardith C. May Lot 1, Block 65, Original Town 308.42 Gary & Barbara Pederson, E1I3 Lot 2, Block 65, Original Town 81.54 Trustee Mary C. Grange Trust Connie Swanson Kersten Cl/3 Lot 2, Block 65, Original Town 99.26 Gary Phillips & David Wetherilt W1I3 Lot 2, Block 65, Original Town 166.62 Fredda Bartenbach E1I3 Lot 3, Block 65, Original Town 56.72 Iglesia Evengelica Pentecostes C1I3 Lot 3, Block 65, Original Town 107.41 Janelle Brown W1I3 Lot 3, Block 65, Original Town 95.72 Allen V. & Linda Hoffer El/3 Lot 4, Block 65, Original Town 65.58 Lungrin's, Inc. W2/3 Lot 4, Block 65, Original Town 272.97 Terry N. & Susan M. Taylor N 22' Lot 5, Block 65, Original Town 106.35 Wm. P. & JuliAnn Ziller S 44' Nl/2 Lot 5, Block 65, Original Town 148.89 Doris Winkler, Trustee S1I2 Lot 5, Block 65, Original Town 230.43 Steve & Barbara Fuller W1/3 Lot 6, Block 65, Original Town 69.13 Scott & Sheri Arnold E2/3 Lot 6, Block 65, Original Town 248.15 Transportation Equipment Wl/2 Lot 7, Block 65, Original Town 85.08 Drs. Grange, Pedersen, Brown N 55' ofE1I2 Lot 7, N 55' Lot 8, Block 65, Original 38.61 Town Ronald C. & Norma 1. Shullaw C 22' ofE 4' Lot 7, C 22' of Lot 8, Block 65, Original 88.63 Town Drs. Grange, Pedersen, Brown W 18.9' ofE1I2 Lot 7, N 29.9' ofE 14.1' Lot 7, W 205.61 29' C 22' E1I2 Lot 7, N 29.9' of S 55' Lot 8 x CN6' S31.1' E40' Lot 8, Block 65, Original Town Drs. Grange, Pedersen, Brown S 25.1' of Lot 8, N 6' ofS 31.1' ofE 40' Lot 8, and S 248.15 25.1' ofE14.l' of Lot 7, Block 65, Original Town Darrell Olson Lots 1 & 2, Block 66, Original Town 492.76 - 5 - Approved as to Form.., ~ August 20,1999 .... City Attorney I I I ORDINANCE NO. 8504 (Cant.) John Vipperman, T. Kovanda, E1/3 Lot 3, Block 66, Original Town 127.27 and A. Wetzel Michael P. & Susie L. Kully S1/3 W1/3 C1/3 Lot 3 (Except 17.5'), Block 66, 177.25 Original Town James G. Duda N88' E1/3 Lot 4, Block 66, Original Town 134.71 J. Gary & Patricia M. Vejvoda N 88' C 1/3 Lot 4, Block 66, Original Town 99.26 Ben's Drug Store, Inc. N80' W1/3 Lot 4, Block 66, Original Town 93.94 Masonic Templecraft Assoc. Pt W 17.5' S 44' Lot 3, N 8' S 52' W 22', & S 44', Lot 221.56 4, Block 66, Original Town Fredda Bartenbach Lot 5, Wl/3 Lot 6, Block 66, Original Town 381.09 Fredda Bartenbach E2/3 Lot 6, W1/3 Lot 7, Block 66, Original Town 212.70 James E. & Mary Keeshan E2/3 Lot 7, Block 66, Original Town 248.15 Plaza Square Development Sl/2 Block 67, Original Town 1,630.70 Rasmussen & Associates W2/3 Lot 2, Block 68, Original Town 141.80 FOE #378 Pt Lot 3, Lot 4, Block 68, Original Town 1,297.82 Plaza Square Development Lot 5, W 22' Lot 6, Block 68, Original Town 118.05 Equitable Building & Loan Lot 1, Block 79, Original Town 233.97 Equitable Building & Loan Lot 2, Block 79, Original Town 72.85 Equitable Building & Loan S 44' Lot 3, S 44' Lot 4, Block 79, Original Town 631.01 Margo Schager Lot A, Gilbert's North, 22' x 99' 92.17 Equitable Building & Loan Lot B, Gilberts North 155.98 Equitable Building & Loan N 26' lOW' Lot 8, Block 79, Original Town 30.35 Equitable Building & Loan S IT 112" N 44' Lot 8, Block 79, Original Town 8.04 Equitable Building & Loan S 88' Lot 8, Block 79, Original Town 42.72 Josephine O'Neill, Trustee W1/3 Lot 3, All Lot 4, Block 80, Original Town 231.84 U.S. West Communications Lots 5, 6 and 7, and N 44' of Lot 8, Block 80, 4,032.13 Original Town; Centrally Assessed David C. Huston C1/3 Lot 8, Block 80, Original Town 255.24 Joseph M. & Lori J. Brown S 44' Lot 8, Block 80, Original Town 265.88 Olson Furniture & Auction, Inc. Lot 1, Block 81, Original Town 372.23 Ronald E. & Sharon R. Trampe Wl/3 Lot 2, Block 81, Original Town 113 .44 William F. Harris El/3 Lot 3, Block 81, Original Town 113 .44 - 6 - Approved as to Form T August 20,1999 ... City Attorney I I I ORDINANCE NO. 8504 (Cant.) Reed & Reed, Inc. Cl/3 Lot 3, Block 81, Original Town 198.52 Ronald C. & Vada M. Krauss Wl/3 Lot 3, Lot 4, Block 81, Original Town 375.77 Walnut Street Partnership Lot 5, Block 81, Original Town 389.95 Walnut Street Partnership Lot 6, Block 81, Original Town 173.71 Wheeler Street Partnership Lot 7; S2/3 Lot 8, Block 81, Original Town 620.38 Schroeder-Rathman, Trustees Nl/3 Lot 8, Block 81, Original Town 230.43 Stauffer Communications, Inc. Lot 1, Block 82, Original Town 74.47 Stauffer Communications, Inc. Lot 2, Block 82, Original Town 226.88 Stauffer Communications, Inc. Lot 3, Block 82, Original Town 74.47 Stauffer Communications, Inc. Lot 4, Block 82, Original Town 255.24 Stauffer Communications, Inc. Lots 5, 6, 7 and 8, Block 82, Original Town 2,619.76 Hedgecock Family Trust/ A.W. Lots 1 and 2, Block 83, Original Town 123.54 JOMIDA, Inc. Lots 3 and 4, Block 83, Original Town 833.08 Dan Giese Co. E 41' N 28' Lot 8, Block 83, Original Town 106.35 Dan Giese Pt N1/3 and S2/3 Lot 8, Block 83, Original Town 170.16 Contryman & Associates Lots 3 and 4, Block 85, Original Town 542.39 G.!. Liederkranz Lots 1,2,3 and 4, Block 87, Original Town 289.56 Home Federal Savings & Loan Pt Lots 1,2,3,4 and 7; all of Lots 5 and 6; pt 319.05 Assoc. of Grand Island Vacated Alley, Block 89, Original town Home Federal Savings & Loan Lot 9, County Sub., Wl/2 SWl/4 Sec 15-11-9 1,432.18 Aliant Communications, Inc. Central Assessed 5.64 MCI Telecommunications Corp. Central Assessed 43.93 AT&T Communications Central Assessed 5,134.33 Relax Inn Lots 1 & 2, Block 83, Original Town (Improvements 701.91 Only) Kathleen Campbell W 67' S 50' Lot 4, Hann Addiiton 81.54 Willard & Lucille Cantin Nl/2 Lot 1, Block 98, Railroad Addition 23.16 Arvid Carlson Lot 2, Block 98, Railroad Addition 92.17 James D. & Dawn L. Petersen W 52' Lot 7, Block 98, Railroad Addition 198.87 Filemon Sanchez E 14' Lot 7, Lot 8, Block 98, Railroad Addition 159.88 Contryman Associates Lots 1 and 2, Block 106, Railroad Addition 277.93 The Muffler Shop, Inc. Lots 1 and 2, Block 107, Railroad Addition 265.88 The Muffler Shop, Inc. Lots 3 & 4, Block 107, Railroad Addition 193.96 - 7 - Approved as to Form " August 20, 1999 A I I I ORDINANCE NO. 8504 (Cont.) Joseph M. & Lori Jean Brown S2/3 Lot 5, Block 107, Railroad Addition 397.04 David E. Janda, DDS S 72' Lot 8, E 29.54' ofS 71.5' Lot 7, Block 107, 319.40 Railroad Addition Barbara J. Clinch N 60' ofE 22' of Lot 7, N 60' Lot 8, Block 107, 269.42 Railroad Addition Richard & Marilyn Fox Lots 1 and 2, Block 108, Railroad Addition 492.76 Douglas Bookkeeping W 29' Lot 3, Lot 4, Block 108, Railroad Addition 602.65 Donald J. & Janet L. Placke & S 88' Lot 5, Block 108, Railroad Addition 109.90 William J. Sassen Jr. Sam & Barbara Huston Lot 6, Block 108, Railroad Addition 160.94 Bosselman, mc. Lots 7 and 8, Block 108, Railroad Addition 560.11 David A. & Carolyn J. Gilroy S 61' Lot 1, S 61' Lot 2, Block 109, Railroad 85.43 Addition Gregory T. & Gay L. Austin N 71' Lot 1, N 71' Lot 2, Block 109, Railroad 116.99 Addition Michael R. & Amye K. Lilienthal E 59.5' Lot 3, Block 109, Railroad Addition 124.07 Michael R. & Amye K. Lilienthal W 6' 6.5" Lot 3, E 52'11" Lot 4, Block 109, Railroad 56.72 Addition Roger L & Sharon K. Lots 5 and 6, Block 109, Railroad Addition 163.07 McShannon Virgil L. & Darlene G. Roush Lots 7 & 8, Block 109, Railroad Addition 414.77 Salvation Army Block 113 and Vacated Alley, Railroad Addition 193.56 Bonna Barta Wanek S 88' Lot 7, Block 114, Railroad Addition 49.69 Bonna Barta Wanek Lot 8, Block 114, Railroad Addition 503.39 Elaine J. Bishop Pts Lots 3, 4 and 5, Block 97, Railroad Addition in 263.39 15-11-9 Riverside mvestments/Beltzer N 43.25' Lot 1, Hann's Addition 1,240.75 Bldg. Artvest III Yancey Condominium 001 123.71 ArtvestIII Yancey Condominium 002 30.75 Equitable Building & Loan Yancey Condominium 101 27.16 Equitable Building & Loan Yancey Condominium 102 112.34 Equitable Building & Loan Yancey Condominium 103 163.19 Devco mvestment Corporation Yancey Condominium 301 93.10 Arvon & Luella Marcotte Yancey Condominium 302 75.77 - 8 - Approved as to Form" ~ August 20,1999 ... City Attorney I I I ORDINANCE NO. 8504 (Cont.) Gail Fischer Revoc. Living Trust Yancey Condominium 303 94.18 William L. Zins Yancey Condominium 304 101.76 Michael & Susan Renken Yancey Condominium 305 108.25 Harriet A. Beckman Yancey Condominium 401 76.86 Artvest III Yancey Condominium 402 82.27 Artvest III Yancey Condominium 403 81.19 Stuhr Museum Foundation Yancey Condominium 404 88.76 Artvest III Yancey Condominium 405 82.27 Larry D. Ruth Yancey Condominium 406 81.19 Wyndell & Barbara Fordham Yancey Condominium 407 108.25 Todd C. Carpenter Yancey Condominium 501 79.02 ArtvestIII Yancey Condominium 502 85.52 George & Donna Schaefer, Jr. Yancey Condominium 503 82.27 Richard & Nancy Schonberger Yancey Condominium 504 88.76 ArtvestIII Yancey Condominium 505 82.27 Jack L. & Kathy A. Schultz Yancey Condominium 506 81.19 Paul L. & Laurie Schlick Yancey Condominium 507 109.33 Artvest III Yancey Condominium 601 81.19 Artvest III Yancey Condominium 602 86.60 Donald & Lois Matthews Yancey Condominium 603 82.27 Daniel F. Clyne Yancey Condominium 604 88.76 Artvest III Yancey Condominium 605 83.35 James Ebel Trust Yancey Condominium 606 82.27 Union Bank & Trust, Trustee of Yancey Condominium 607 110.41 Jean Cuca Radd C. & Virginia W. Way Yancey Condominium 701 81.19 ArtvestIII Yancey Condominium 702 86.60 Richard & Margaret Johnson Yancey Condominium 703 83.35 Art & Jan Burtscher Yancey Condominium 704 89.85 Marie Ann E. Cech Yancey Condominium 705 83.35 Clifton J. Long, Sandra A. Yancey Condominium 706 83.35 Thinnes Nelse Zachry Yancey Condominium 707 111.50 - 9 - - Approved as to Form T ~ August 20,1999 4. City Attorney I I I ORDINANCE NO. 8504 (Cant.) Artvest III Yancey Condominium 801 81.19 Mapes & Co. Partnership Yancey Condominium 802 86.60 Mapes & Co. Partnership Yancey Condominium 803 88.76 Virginia Mae Gosda Yancey Condominium 1002 86.60 Larry Callen Yancey Condominium 1003 89.85 T.C. Carpenter Yancey Condominium 1004 122.32 Ruth E. Megard, Trustee Yancey Condominium 1005 95.26 Earl & Norma I. Holke, Randy E. Yancey Condominium 1006 121.24 Holke Dymond Enterprises Inc. Yancey Condominium 1101 83.35 Linda L. Clare, Trustee Linda Yancey Condominium 1102 87.68 L. Clare, Rev. Trust Sharon Peshek Zehr, Trustee Yancey Condominium 1103 92.01 Frank L. Hoelck Trust Frank L. Yancey Condominium 1104 124.49 Hoelck, Trustee Elizabeth W. Mayer Yancey Condominium 1105 97.42 Judy J. Arnett Yancey Condominium 804 121.24 Double E Partnership Yancey Condominium 805 92.01 Bryan S. & Lisa Burtle Yancey Condominium 806 120.16 James F. Nissan Yancey Condominium 901 81.19 Elaine & Everett Evnen Yancey Condominium 902 86.60 Elaine & Everett Evnen Yancey Condominium 903 89.85 James W. McGrath Yancey Condominium 904 122.32 Harold Hoppe Yancey Condominium 905 93.10 Peggy McCann Yancey Condominium 906 121.24 Larry & Dixie Boesen Yancey Condominium 1001 82.27 Elizabeth W. Mayer Yancey Condominium 1106 123.40 Alan L. & Roxann T. Ellison W 18.9' ofE 33' ofS 25.1' Lot 7, Block 65, Original 35.45 Town Equitable Building & Loan Yancey Condominium 104 402.84 Equitable Building & Loan Yancey Condominium 20lA 370.83 Equitable Building & Loan Yancey Condominium 201B 44.79 Equitable Building & Loan Yancey Condominium 201C 112.81 Equitable Building & Loan Yancey Condominium 201D 86.04 - 10- Approved as to Form T cqC August 20, 1999 ... City Attorney I I I ORDINANCE NO. 8504 (Cont.) Enviro-Clean Contractors, Inc. N 60' Frac Lots 1,2 and 3, Block 89, Original Town 280.06 SECTION 2. The special tax shall become delinquent in fifty (50) days from date of this levy; the entire amount so assessed and levied against each lot or tract may be paid within fifty (50) days from the date of this levy without interest and the lien of special tax thereby satisfied and released. After the same shall become delinquent, interest at the rate of fourteen percent (14%) per annum shall be paid thereon. SECTION 3. The city treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Downtown Business Improvement District No.2". SECTION 5. Any provision of the Grand Island City Code, any ordinance, or part of an ordinance in conflict herewith is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, in pamphlet format, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: August 23, 1999. Attest: - 11 - Approved as to Form T August 20, 1999 ... City Attorney I * This Space Reserved for Register of Deeds * ORDINANCE NO. 8505 An ordinance to assess and levy a special tax to pay the cost of construction of I Street Improvement District No. 1211 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts and parcels of land specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 1211, as adjudged by the Council of said City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after I due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts and land as follows: Approved as to Form T ~ August 20. 1999 '" City Attorney ORDINANCE NO. 8505 (Cont.) I Name Description Assessment Patrick L. Neid Lot 5, Block 13, Meth's Subdivision 2,803.41 Patrick L. Neid Lot 6, Block 13, Meth's Subdivision 2,803.41 Patrick L. Neid Lot 7, Block 13, Meth's Subdivision 2,803.41 Patrick L. Neid Lot 8, Block 13, Meth's Subdivision 2,803.41 Patrick L. Neid Lot 9, Block 13, Meth's Subdivision 2,865.71 Lori Schritt Lot 10, Block 14, Meth's Subdivision 2,865.71 Joe & Angela Garcia Lot 11, Block 14, Meth's Subdivision 2,803.41 David L. Stump Lot 12, Block 14, Meth's Subdivision 2,803.41 David L. Stump Lot 13, Block 14, Meth's Subdivision 2,803.41 Artemio C. & Ruby Garcia Lot 14, Block 14, Meth's Subdivision 2,803.41 TOTAL $28,158.70 SECTION 2. The special tax shall become delinquent as follows: One-tenth of I the total amount shall become delinquent in fifty days; 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; and one-tenth in nine years respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of fourteen percent (14.0%) per annum shall be paid thereon, until the same is collected and paid. I SECTION 3. The treasurer of the City of Grand Island, Nebraska, IS hereby directed to collect the amount of said taxes herein set forth as provided by law. Approved as to Form T ~ August 20,1999 ... City Attorney -2- I I I ORDINANCE NO. 8505 (Cont.) SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving District Assessment Fund" for Street Improvement District No. 1211. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: August 23, 1999. Attest: Cindy K. J - 3 - Approved as to Form T August 20, 1999 ... City Attorney I I I ORDINANCE NO. 8506 An ordinance to create Sidewalk District No.1, 1999; to define the district where sidewalks are to be constructed; to provide for the construction or repair of such sidewalks within the district by paving and all incidental work in connection therewith; and to provide for publication and the effective date of this ordinance. WHEREAS, the Mayor and Council of the City of Grand Island have heretofore by Resolution 98-242 passed by a three-fourths vote of all members of the Council determined the necessity for certain sidewalk improvements, pursuant to Section 19-2417, R.R.S., 1943, and Section 32-58 ofthe Grand Island City Code; and WHEREAS, one property owner has failed to construct sidewalks within the time specified; and WHEREAS, it is the determination of this Council that such sidewalks should be constructed by the district method. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Sidewalk District No.1, 1999, of the City of Grand Island, Nebraska, is hereby created. SECTION 2. The district where sidewalks shall be constructed shall include the following lots and parcels of ground: · Part of the Southeast Quarter of the Southeast Quarter (SE~ SE~) of Section Twenty (20), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Grand Island, Hall County, Nebraska, lying west of Arthur Street and north of Stolley Park Road. Approved as to Form T ~ August 20. 1999 .A City ttorney I I I ORDINANCE NO. 8506 (Cont.) SECTION 3. The sidewalks in the district shall be constructed or repaired by paving and all incidental work in connection therewith; said improvements shall be made in accordance with plans and specifications prepared by the Public Works Department for the City and approved by the Mayor and City Council. SECTION 4. The improvements shall be made at public cost, but the cost thereof shall be assessed upon the lots and lands in the district specially benefited thereby as provided by Section 19-2418, R.R.S. 1943. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval and publication as provided by law. Enacted: August 23, 1999. Attest: ,1;) 11 " ,I" lAJ/t---- , City Clerk - 2 - Approved as to Form T ~ August 20, 1999 ... City Attorney I I I * This Space Reserved for Register of Deeds * ORDINANCE NO. 8507 An ordinance to vacate an existing easement located in Park Island Square Third Subdivision to the City of Grand Island, located in the Northwest Quarter of the Northeast Quarter (NW1I4, NEI/4) of Section Thirteen (13), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska; to provide for filing this ordinance in the office of the Register of Deeds of Hall County; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the existing sixteen (16.0) foot wide utility easement located in Park Island Square Third Subdivision to the City of Grand Island, located in the Northwest Quarter of the Northeast Quarter (NWY4 NEY4) of Section Thirteen (13), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska, and more particularly described by metes and bounds as follows: Approved as to Form" ~ August 20, 1999 '" City Attorney I I I ORDINANCE NO. 8507 (Cont.) Referring to a W' pipe being the southwesterly corner of the remaining portion of Lot 1, Park Island Square Second Subdivision or the northwesterly corner of Lot 1, Park Island Square Third Subdivision all to the City of Grand Island, located in the Northwest Quarter of the Northeast Quarter of Section 13, Township 11 North, Range 10 West of the 6th P.M., Hall County; thence N 89034'25" E, and on the southerly line of the remaining portion of Lot 1 of said Park Island Square Second Subdivision or the northerly line of Lot 1 of said Park Island Square Third Subdivision, a distance of 360.10 feet to the POINT OF BEGINNING; thence continuing on the last described course, N 89034'25" E, and on the southerly line of the remaining portion of Lot 1 of said Park Island Square Second Subdivision or the northerly line of Lot 1 of said Park Island Square Third Subdivision, a distance of 16.00 feet; thence S 00028'00" E, a distance of 307.27 feet to a point on the southerly line of Lot 2 of said Park Island Square Third Subdivision; thence N 89046'35" W, and on the southerly line of Lot 2 of said Park Island Square Third Subdivision, a distance of 345.85 feet to a point on a curve to the left; thence on a curve to the left, having a radius of 330.00 feet, an arc length of 16.60 feet and a central angle of 02052'59", with a chord bearing ofN 15015'44" W, a chord distance of 16.60 feet; thence S 89046'35" E, 16.00 feet northerly of and parallel with the southerly line of Lot 2 of said Park Island Square Third Subdivision, a distance of 334.09 feet; thence N 00028'00" W, a distance of 291.09 feet to the point of beginning and containing a calculated area of 10,225.30 square feet or 0.235 acres, more or less; be, and hereby is, vacated. SECTION 2. This ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: August 23, 1999. Attest: - 2 - I I I ORDINANCE NO. 8508 An ordinance to amend Chapter 3 of the Grand Island City Code; to amend Sections 3-3, 3-5 pertaining to user fees; to repeal Sections 3-3, 3-5, 37-1, 37-2, 37-3, 37-4, 37-5, and 37-6 of the City Code as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 3-3 of the Grand Island City Code is hereby amended to read as follows: ~3-3. Standards Required For Alarm Systems (1) Notification. Each subscriber must provide to the City of Grand Island on a form provided by the Emergency Management Department the name, address, and telephone number of the subscriber and of the vendor, if any, with whom the subscriber has contracted for maintenance of the alarm system. Each subscriber shall also provide the City with the names, addresses, and phone numbers of those persons (not less than two) who can be contacted 24 hours a day and seven days a week to turn off or deactivate an alarm system. It shall be the obligation of the subscriber to keep this information current and correct through supplementary notifications filed from time to time on the same form. (2) Desif!:nated Televhone Lines. No person shall use or cause to be used an alarm system or device of any kind that automatically dials or calls any telephone line of the offices of the City of Grand Island or any department or division thereof except such telephone line or lines as may be designed by the Emergency Management Department of the City for the specific purpose of receiving signals from alarm systems. (3) Automatic Dialinf!: or Callinf!: Devices. Alarm systems that automatically dial or call a telephone line designated by the Emergency Management Department shall comply with the following requirements: (A) Total length of the recorded message being transmitted to the Emergency Management Department (including repetition of message) shall not exceed 30 seconds duration. (B) The recorded message transmitted shall be repeated not less than two nor more than three times. (C) The recorded message being transmitted shall incorporate language specifically identifying the message as a "recording" with the balance of the message identifying by street number and street name the location of the emergency and the nature of the event which caused the alarm system to activate. If the location of the event signaled by the alarm system is in a multi-family building or a multi-unit office or commercial building, the message shall also identify by number and by floor the particular dwelling unit, office unit, or commercial unit in which the event occurred. (D) The recorded message being transmitted to the department shall be appropriate for the purpose for which the alarm system was installed, and the message in its entirety shall be intelligible and spoken in the English language. (E) The City of Grand Island's cost of providing monitoring and telephone lines designated for alarm systems that use automatic dialing or calling devices, including any re-occurring fees charged, shall be paid in advance each year to this City by the subscribers. The fee shall be in accordance with the City of Grand Island Fee Schedule. If payment is not received within thirty days after billing, the system must be disconnected immediately in the manner described in S3-5(3). (4) Digital Alarm Svstems. Subscribers to alarm systems that automatically transmit digital data via common telephone line to a receiving unit located at the Communications Center shall pay a digital alarm system monitoring fee, in advance, in accordance with the City of Grand Island Fee Schedule. Approved as to Form August 24, 1999 TC$ ... City Attorney I I I ORDINANCE NO. 8508 (Cont.) (5) Supervised (Dedicated line) Alarm Svstems. Subscribers that automatically transmit alarm conditions via dedicated telephone line to a receiving unit at the Communications Center shall pay a supervised (dedicated line) alarm system monitoring fee, in advance, in accordance with the City of Grand Island Fee Schedule. (6) Video (Live) Alarm Svstems. Subscribers that transmit continuous video to a receiving unit at the Communications Center for the purpose of monitoring a premise shall pay a video (live) alarm system monitoring fee, in advance, in accordance with the City of Grand Island Fee Schedule. (7) Avvlication of Standards to Existing and Future Alarm Svstems. (A) Every new system installed after May 10, 1982, shall comply with the above standards. (B) Every alarm system existing before May 10, 1982, shall be placed in compliance with the above standards no later than June 2, 1987. The Emergency Management Department may elect not to respond to any alarm system that is not in compliance within that time period, or may elect to charge each subscriber not in compliance for each response at a rate in accordance with the City of Grand Island Fee Schedule. SECTION 2. Section 3-5 of the Grand Island City Code is hereby amended to read as follows: ~3-5. Excessive False Alarms If any alarm system produces three false alarms in any twelve consecutive months, written notice of that fact shall be given by certified mail or delivery to the subscriber, or other appropriate party listed in the notification required in 93-3(1) at the addresses listed in the most recent such notification for that alarm system. Thereafter, the Emergency Management Department shall have the power to require the subscriber to comply with anyone or combination of the requirements set forth below as would minimize, such false alarms in the future: (1) The subscriber may be charged a fee in accordance with the City of Grand Island Fee Schedule. Such charges shall continue for each excessive false alarm until six consecutive months have elapsed during which no false alarms have been registered, and must be paid within 15 days after notice thereof is given in the same manner as provided by this section for notice of excessive false alarms. (2) The subscriber may be required to cause the alarm system to comply immediately with the applicable standards referred to in 93-4 (those standards otherwise being imposed only on alarm systems installed after May 10, 1982). (3) The subscriber may be required to disconnect the alarm system immediately in such fashion that signals are not emitted so as to notify Public Safety personnel directly or indirectly through automatic telephone recording devices or to register a signal which is so audible, visible, or in other ways perceptible outside a protected building, structure, or facility as to notify persons in the neighborhood who may in turn notify Public Safety personnel of the signal. SECTION 3. Article I. and Sections 37-1, 37-2, 37-3, 37-4, and 37-5 of the Grand Island City Code which currently read as follows, are hereby repealed: ~37-1. Automatic Dialing or Calling Device Fee The fee for automatic dialing or calling devices as referenced in 93-3 shall be $95.00 per year per device. ~37-2. Digital Alarm System Fee The fee for a digital alarm system as referenced in 93-3 shall be $212.00 per year. ~37-3. Supervised (Dedicated) Alarm System Fee The fee for a supervised (dedicated line) alarm system as referenced in 93-3 shall be $365.00 per year, plus a central service fee of $145.00 per year. - 2 - Approved as to Form ... ~ August 24. 1999 ... Y ttorney I I I ORDINANCE NO. 8508 (Cont.) ~37-4. Video (Live) Alarm System Fee The fee for a video (live) alarm system as referenced in 93-3 shall be $1,500.00 per year. ~37-5. Response Fee for Noncompliant Alarm Systems The fee for responding to alarm systems existing prior to May 10, 1982, which are not in compliance with standards as outlined in Chapter 3 of the Grand Island City Code, shall be $100.00 per false alarm, or the direct and indirect costs for the time, labor, equipment, and other services used in responding to such alarm, whichever is greater. ~37-6. Excessive False Alarm Fee The fee for excessive false alarms as referenced in S3-5 shall be $100.00 per false alarm, or the direct and indirect costs for the time, labor, equipment, and other services rendered in responding to the alarm, whichever is greater. SECTION 4. Sections 3-3 and 3-5 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 5. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law, and on October 1, 1999. Enacted: August 23, 1999. Attest: - 3 - Approved as to Form '" t:::A'/'i) August 24. 1999 ... CiiYi~ftorney I I I ORDINANCE NO. 8509 An ordinance to amend Chapter 4 of the Grand Island City Code; to amend Section 4-15 pertaining to user fees; to repeal Sections 4-15 and 37-11 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 4-15 of the Grand Island City Code is hereby amended to read as follows: ~4-15. Occupation Tax; Amounts (A) For the purpose of raising revenue, there is hereby levied upon distributors, retailers, and nonbeverage users of alcoholic liquor in the City of Grand Island an annual occupation tax in accordance with the City of Grand Island Fee Schedule. No reduction in occupation tax except as hereinabove stated shall be made regardless of the time when the application for license is made, or the license is issued. Such occupation tax, or any part of it, shall not be refunded for any cause. (B) All occupation taxes levied pursuant to section (A) above, shall be due and payable within thirty days of the date of the renewal of the licensee's state liquor license. SECTION 2. Article II. and Section 37-11 of the Grand Island City Code which currently reads as follows, is hereby repealed: ~37-11. Occupation Tax; Alcoholic Liquor The following occupation taxes, as referenced in S4-15, shall be collected on an annual basis: 1. Alcoholic liquor distributor, except beer .............................................................................................. $500 2. Beer Distributor .................................................................................................................................... $250 3. Retailer of beer only, for consumption on the premises ....................................................................... $200 4. Retailer of beer only, for consumption off the premises, sale in the original packages only.................. $50 5. Retailer of alcoholic liquors, including beer, for consumption off the premises .................................. $300 6. For all non-beverage users ........................................................................................................................ $5 7. Alcoholic liquors, including beer, issued to a non-profit corporation, for consumption on the premises, Class "H" ..................................................................................................................................... . $400 8. Retailer of alcoholic liquors within the corporate limits for consumption on the premises and off the premises, sale in the original packages only, Class "C" ............................................................... $500 9. Retailer of beer and wine only, for consumption on the premises, Class "J" ....................................... $450 10. Retailer of alcoholic liquors, within the corporate limits, for consumption on the premises, Class "I" $400 11. Retailer of wine only, for consumption off the premises, Class "K" .................................................... $250 Approved as to Form August 24, 1999 T (ff6 . City Attorney I I I ORDINANCE NO. 8509 (Cont.) SECTION 3. Section 4-15 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law, and on October 1, 1999. Enacted: August 23, 1999. Attest: nswJ , City Clerk - 2 - Approved as to Form T August 24.1999 ... City Attorney I I I ORDINANCE NO. 8510 An ordinance to amend Chapter 6 of the Grand Island City Code; to amend Sections 6-4 and 6-7 pertaining to user fees; to repeal Sections 6-4, 6-7, 37-26, and 37-27 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 6-4 of the Grand Island City Code is hereby amended to read as follows: ~6-4. Application; Fee Application for registration of any bicycle shall be made by the owner thereof in writing to the traffic division upon blanks furnished by the city, and shall set forth the name of the applicant, his or her address, a description of the bicycle, and such other information as the traffic division may require. Before the issuance of a registration certificate and the number plate, the applicant shall pay a registration fee in accordance with the City of Grand Island Fee Schedule. SECTION 2. Section 6-7 of the Grand Island City Code is hereby amended to read as follows: ~6-7. Transfers A bicycle registration shall not be transferable from one person to another, and it shall be the duty of every person who sells or transfers ownership of any registered bicycle to report, within five days from the date of sale or transfer, such sale or transfer by returning to the traffic division of the registration certificate and registration number plate thereof, together with the name and address of the person to whom such bicycle was sold or transferred; provided, that the holder of such registration certificate may have the traffic division assign such registration number plate to another bicycle owned by him, upon payment of a transfer fee in accordance with the City of Grand Island Fee Schedule. It shall be the duty of the purchaser or transferee of such bicycle to apply for a transfer or registration thereof within five days of such sale or transfer. SECTION 3. Article IV. and Sections 37-26 and 37-27 of the Grand Island City Code which currently read as follows, are hereby repealed: ~37-26. Bicycle Registration Fee The registration fee, as referenced in 96-4, shall be $2.50. ~37-27. Bicycle Registration Transfer Fee The fee to transfer registration of a bicycle, as referenced in ~6-7, shall be $1.50. Approved as to Form T ~ August 24. 1999 ... City f\.ttorney I ORDINANCE NO. 8510 (Cont.) SECTION 4. Sections 6-4 and 6-7 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 5. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law, and on October 1, 1999. Enacted: August 23, 1999. Attest: I ~/jd1J;2~ I - 2 - Approved as to Form .., August 24, 1999 "" City Attorney I I I ORDINANCE NO. 8511 An ordinance to amend Chapters 10 and 37 of the Grand Island City Code; to amend Sections 10-9, 10-11, 10-12, 10-22, and 10-26 pertaining to fees; to repeal Sections 10-9, 10-11, 10-12, 10-22, 10-26, 37-46, 37-47, 37-48, and 37-49 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 10-8 of the Grand Island City Code is hereby amended to read as follows: ~10-8. Burial and Disinterment Application for permission to bury or disinter a body at the city cemetery shall be made at the cemetery office. Application for burial of a body, or for burial of ashes of a cremated body, must be accompanied by proper information to complete a burial permit. An application for disinterment must be accompanied by a proper certificate of authority. Upon proper application, the city clerk shall issue a burial permit, which permit shall indicate the lot upon which the burial or disinterment is done, and the city clerk shall, at the same time, collect the fees prescribed in the City of Grand Island Fee Schedule. For the opening and preparation of a grave prior to interment, the cemetery shall be given a minimum of 24 hours notice in summer and 36 hours notice in winter when the ground is frozen. Also, a minimum of 48 hours shall be given on any Saturday or day preceding a legal city holiday. The lot owner or funeral home representative shall designate the location of the grave on the lot to the cemetery and any change oflocation made after the opening of the grave has begun shall not be at the expense of the cemetery. When definite information for locating a grave is not available in ample time for grave preparation as requested above, the cemetery will exercise its best judgment in order to meet the requested interment time. The City assumes no responsibility for any error in such location and an additional charge will be made for any change requested. SECTION 2. Section 10-9 of the Grand Island City Code is hereby amended to read as follows: ~10-9. Burial and Disinterment; Fees The fee for opening graves shall be in accordance with the City of Grand Island Fee Schedule. SECTION 3. Section 10-11 of the Grand Island City Code is hereby amended to read as follows: Approved as to Form T ~ August 24. 1999 '" CI Y torney I I I ORDINANCE NO. 8511 (Cont.) ~10-11. Burial Equipment The fee for the use of the City's tents and burial equipment for cemetery services shall be in accordance with the City of Grand Island Fee Schedule. SECTION 4. Section 10-12 of the Grand Island City Code which reads as follows, is hereby repealed: ~10-12. Burials - Dismembered Limbs; Fees For the purpose of providing a burial place for dismembered hands, feet, legs, arms, and other parts of a human body, the West Half (W 1/2) of Lot Number 36-A of the city cemetery is hereby set aside and reserved, and all such body parts presented for burial shall be buried on this lot, or on any other lot with the permission of the lot owner. Before any such body parts are buried in the cemetery, an application shall be made to the cemetery requesting such burial. Such application shall contain the name of the person losing such body part, the date of removal, the description of such body part, and the name of the mortician engaged in the burial thereof. A fee in accordance with S37-48 covering the cost of the burial of such body part must be paid to the city clerk at the time the application is made. SECTION 5. Section 10-22 of the Grand Island City Code is hereby amended to read as follows: ~10-22. Conveyances, Transfers, and Titles The city clerk is hereby authorized to convey lots in the city cemetery, by certificate, signed by the mayor and attested by the city clerk, specifying that the person to whom the same is issued is the owner of the lot or lots described therein by number as laid down on the plat adopted by the city council, for the purpose of interment of human bodies and the ashes of cremated human bodies, and such certificate shall vest in the purchaser, and purchaser's heirs or assigns, a right to such lot or lots, for the sole purpose of such interment, under the rules and regulations governing such cemetery, and for no other purpose. Transfers of such lots may be made by surrendering such certificate thereof to the city clerk, who shall cancel the same, and note such cancellation on the permanent cemetery records, and issue a new certificate to the assignee in lieu thereof. For each of such new certificates and services the clerk shall receive, for the use of the city a fee in accordance with the City of Grand Island Fee Schedule. SECTION 6. Section 10-26 of the Grand Island City Code is hereby amended to read as follows: ~10-26. Burial Spaces; Prices The prices for burial spaces in the city cemetery includes the price of permanent care. The city clerk is hereby ordered to collect amounts for such burial spaces in accordance with the City of Grand Island Fee Schedule. The fees for burial spaces set forth in the City of Grand Island Fee Schedule shall be waived, with title retained by the City, for any burial spaces designated by the cemetery superintendent for the burial of paupers by Hall County. - 2 - Approved as to Form T August 24, 1999 ... City Attorney I I I ORDINANCE NO. 8511 (Cont.) SECTION 7. Article VII. and Sections 37-46, 37-47, 37-48, and 37-49 of the Grand Island City Code which currently read as follows, are hereby repealed: ~37-46. Burial and Disinterment Fee (A) The fee for opening graves for burial purposes shall be as follows: 1. Weekdays, through 12:00 Noon on Saturdays: A person the age of six years or over ..................................................... $400.00 A person under the age of six years ........................................................ $105.00 For the ashes ofa cremated body............................................................. $75.00 2. Saturday after 12:00 Noon (Burial Time): A person the age of six years or over ..................................................... $475.00 A person under the age of six years ........................................................ $125.00 For the ashes of a cremated body............................................................ $ 95.00 3. Sunday or Legal Holiday: A person the age of six years or over ...................................................... $525.00 A person under the age of six years ........................................................ $140.00 For the ashes of a cremated body........................................................... $110.00 (B) The fee for opening graves for disinterment (to be done during regular scheduled work hours only) shall be as follows: A person the age of six years or over ..................................................... $525.00 A person under the age of six years ........................................................ $140.00 For the ashes of a cremated body........................................................... $110.00 ~37-47. Fee for Use of Burial Equipment The fee for the use of the City's tents and burial equipment, as referenced in S 10-11, shall be $60.00. ~37-48. Burial Fee; Dismembered Limbs The burial fee, as referenced in S 10-12, shall be $52.50. ~37-49. Burial Spaces; Prices The prices for burial spaces, as referenced in S 10-26, shall be as follows: 1. A person the age of six years or over: One space......................................................................... ................ $400.00 Two spaces....................................................................................... $800.00 One-Half Lot (four or five spaces)................................................ $1,600.00 Full Lot (eight to ten spaces)......................................................... $3,200.00 2. Infant under age of six years (Babyland only) .......................................... $85.00 3. Transfer fee for issuance of new deed upon transfer of title ..................... $10.00 SECTION 8. Sections 10-9, 10-11, 10-12, 10-22, and 10-26 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 9. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law, and on October 1, 1999. - 3 - I Approved as to Form T ~ August 24, 1999 ... City Attorney I I I ORDINANCE NO. 8511 (Cant.) Enacted: August 23, 1999. Attest: - 4- Approved as to Form " r~ August 24,1999 ... CiW"Atlorney I I I ORDINANCE NO. 8512 An ordinance to amend Chapters 16 and 37 of the Grand Island City Code; to amend Sections 16-2.1, 16-13, 16-27, 16-28, and 37-39 pertaining to user fees; to repeal Sections 16-2.1, 16-13, 16-27, 16-28, and 37-39 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 16-2.1 of the Grand Island City Code is hereby amended to read as follows: ~16-2.1. Building Plans; Fees In addition to the building permit fee as identified in Chapter 8 of the City Code, there shall be a fire department plan review fee in accordance with the City of Grand Island Fee Schedule for the review of said plans as required by state statutes. Such fee shall be paid to the Fire Department. SECTION 2. Section 16-13 of the Grand Island City Code is hereby amended to read as follows: ~16-13. Permit to Sell Fireworks It shall be unlawful for any person to sell or offer for sale permissible fireworks in the City without first having made application to the Bureau of Fire Prevention for a permit and received a permit to do so from the city clerk. Such permits shall be in accordance with the City of Grand Island Fee Schedule and shall be valid for the calendar year in which issued, and shall at all times be displayed at the place of business of the holder thereof. Such permits shall not be transferable. SECTION 3. Section 16-27 of the Grand Island City Code is hereby amended to read as follows: ~16-27. Ambulance Service; Basic Rates The rates for basic ambulance service provided by the City of Grand Island, Nebraska, shall be in accordance with the City of Grand Island Fee Schedule. SECTION 4. Section 16-28 of the Grand Island City Code is hereby amended to read as follows: Approved as to Form " ~ August 24.1999 ... Ci Y Attorney ORDINANCE NO. 8512 (Cont.) I ~16-28. Paramedic Services; Rates The rates for paramedic services provided by the City of Grand Island, Nebraska, shall be in accordance with the City of Grand Island Fee Schedule. SECTION 5. Section 37-39 of the Grand Island City Code which currently reads as follows, is hereby repealed: ~37-39. Fire Department Plan Review Fee The fire department's plan review fee, as referenced in S8-29 and S16-2.1, shall be equal to twenty five percent (25%) of the building permit fee. The fee for the review of duplicate building plans submitted within one (1) year of the review of the original plans shall be twenty percent (20%) of the building permit fee. The fees required under this section shall be paid to the Fire Department. SECTION 6. Sections 16-2.1, 16-13, 16-27, 16-28, and 37-39 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 7. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as I provided by law, and on October 1, 1999. Enacted: August 9, 1999. Attest: I - 2 - Approved as to Form T August 24, 1999 ... City IS. torney I I I ORDINANCE NO. 8513 An ordinance to amend Chapter 17 of the Grand Island City Code; to amend Sections 17-1, 17-7, 17-26, and 17-27 pertaining to construction and demolition waste; to amend Sections 17-2 and 17-23 to clarify requirements; to amend Sections 17-15 and 17-29 pertaining to user fees; to amend Section 17-18 pertaining to vehicle specifications; to amend Sections 17- 22 and 17-30 pertaining to due date for payment of fees; to repeal Sections 17-1, 17-2, 17-7, 17- 15, 17-18, 17-22, 17-23, 17-26, 17-27, 17-29, and 17-30 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 17-1 of the Grand Island City Code is hereby amended to read as follows: ~17-1. Definitions For the purposes of this chapter, the following words and phrases shall have the following meanings: City Solid Waste Disvosal Svstem. The City solid waste disposal system shall mean and include the City- operated sanitary landfill, the City-operated transfer station, and the City-operated compost site. Compost. Compost shall mean the end product of an aerobic degradation process of yard and garden waste. Approved backyard composting site shall mean one which uses only composting materials as defined herein. Construction and demolition waste. This shall mean waste which results from land clearing, the demolition of buildings, roads or other structures, including but not limited to, beneficial fill materials, wood (including painted and treated wood), land clearing debris other than yard waste, wall coverings (including wallpaper, paneling and tile), drywall, plaster, non-asbestos insulation, roofing shingles and other roof coverings, plumbing fixtures, glass, plastic, carpeting, electrical wiring, pipe and metals. Such waste shall also include the above listed types of waste that result from construction projects. Construction and demolition waste shall not include friable asbestos waste, special waste, liquid waste, hazardous waste and waste that contains polychlorinated biphenyl (PCB), putrescible waste, household waste, industrial solid waste, corrugated cardboard, appliances, tires, drums, and fuel tanks. Dead Animals. These words shall mean all small animals such as cats, dogs, and rabbits, which die from any cause. They shall in no way mean large animals such as goats, horses, mules and cows which shall die from any cause. Detachable container. A detachable container is a container of the size approved by the Department of Health that can be lifted and dumped by a collection truck mechanism. Garbage. This word shall be held to include every accumulation of animal, fruit or vegetable food waste generated by or resulting from the decay, deterioration, storage, preparation or handling of any animal and vegetable matter in any place or at any point where food is prepared for human consumption, including all kitchen and dining room refuse produced by households, hotels, restaurants, lunch rooms, clubs, hospitals, schools, stores, warehouses, cold storage plants, creameries, bakeries, or any other source whatsoever existing in the City. ~ Approved as to Form T ~ August 24, 1999 ... City ttorney I I I ORDINANCE NO. 8513 (Cont.) Litter. Litter shall include, but not be limited to: (i) Trash, rubbish, refuse, garbage, paper, rags, and ashes; (ii) wood, plaster, cement, brick, or stone building rubble; (iii) grass, leaves, and worthless vegetation; (iv) offal and dead animals; and (v) any machine or machines, vehicle or vehicles, or parts of a machine or vehicle which have lost their identity, character, utility, or serviceability as such through deterioration, dismantling, or the ravages of time, are inoperative or unable to perform their intended functions, or are cast off, discarded, or thrown away or left as waste, wreckage, or junk. Minimum Service Collection. A minimum service collection in a residential district shall mean not more than one full 32 gallon garbage can or any number of full baskets, boxes, sacks, or bundles equal in volume to but not exceeding one 32-gallon garbage can. The weight of such collection shall not exceed 50 pounds. Such minimum service collection shall be on a once-a-week basis. Refuse. This word shall be held to include the waste material from normal households or living conditions and business operations other than garbage, but the term shall not include waste materials from building construction or repair, factory wastes, or refuse from industrial plants of any character. In general, the kinds of materials classified as refuse are paper, rags, bottles, tin cans, bottle caps, cardboard, wornout clothing or furniture, household appliances, excelsior, garden or tree trimmings, and similar materials. Regular Collection. A collection in a residential district shall mean not more than three full thirty-two gallon garbage cans, or two full thirty-two gallon cans and any number of full baskets, boxes, sacks, or bundles equal in volume to not exceeding one thirty-two gallon garbage can. A regular collection shall be on a twice-a-week basis. Svecial Waste. A solid waste, except waste which is regulated as a hazardous waste, which possesses physical, chemical, or biological characteristics that make it different from general household, or construction and demolition waste, and which requires special handling, treatment, or disposal methodologies in order to protect public health, safety, and the environment. Waste material. This word shall be held to include all items, objects, or material not included within the definition of garbage, litter, dead animals, yard waste, or refuse as well as petroleum oils, greases, solvents, and fuels, insecticides, herbicides, chemical waste, hazardous materials, or any materials similar to those listed herein. Yard Waste. Yard waste shall mean grass and leaves and shall not include other yard debris such as tree limbs and brush. SECTION 2. Section 17-2 of the Grand Island City Code is hereby amended to read as follows: ~17-2. Duty of Department of Health The Grand Island-Hall County Department of Health is hereby charged with the duty of enforcing the provisions of this chapter pertaining to the collecting, transporting, and disposing, by approved methods, of all garbage, litter, refuse, yard waste, and waste materials within the City. Approved methods of disposal for garbage, litter, refuse and waste materials are as follows: (A) By delivery to a licensed garbage or refuse collector; (B) By hauling to the City-operated sanitary or landfill transfer station and dispensing there as directed by the person in charge; provided, that the transportation conforms to the requirements of 917 -26; (C) By disposal of garbage in a home garbage disposal unit. Approved methods of disposal for yard waste are as follows: (A) By utilizing such yard waste in an approved backyard composting site; (B) By delivery to a licensed garbage collector in a separate yard waste collection service; (C) By hauling to the City-operated composting site, which is adjacent to the City's transfer station, and dispensing there as directed by the person in charge. - 2 - Approved as to Form T August 24, 1999 ... City Attorney I I I ORDINANCE NO. 8513 (Cont.) SECTION 3. Section 17-7 of the Grand Island City Code is hereby amended to read as follows: ~17-7. Disposal of Construction and Demolition Waste All accumulation of waste occasioned by the construction, alteration, remodeling, rebuilding repairing, and lor demolition of buildings or structures shall be removed and disposed of by the owner or contractor at no expense to the City and such waste shall not be considered as garbage or refuse within the meaning of this article. SECTION 4. Section 17-15 of the Grand Island City Code is hereby amended to read as follows: ~17-15. License Required; Fee (A) It shall be unlawful for any person, firm, or corporation to collect and transport garbage or refuse for hire without first obtaining a license therefor from the City. (B) The following two types oflicenses are authorized: (1) Garbage Hauler License entitles the licensee to collect and transport both garbage and refuse. (2) Refuse Hauler License entitles the licensee to collect and transport only refuse. (C) The license year shall run from October 1 of the calendar year to September 30 of the following calendar year. (D) The fee for a garbage hauler license shall be in accordance with the City of Grand Island Fee Schedule, no part of which shall be refundable. (E) The fee for a refuse hauler license shall be in accordance with the City of Grand Island Fee Schedule, no part of which shall be refundable. (F) The provisions of this section shall not apply to lawn care or tree trimmer businesses. (G) No license issued hereunder shall be transferable. SECTION 5. Section 17-18 of the Grand Island City Code is hereby amended to read as follows: ~17-18. Vehicle Specifications (A) Any vehicle used by a refuse hauler licensee to collect and transport refuse shall be equipped with a cover of such a material sufficient to prevent any refuse and waste materials from being blown away or jarred off such vehicle. (B) Any vehicle used by a garbage hauler licensee to collect any transport garbage, shall have a body designed specifically for the transportation of garbage which meets the Department of Health guidelines therefor. The Department of Health shall submit said guidelines to the city council for approval prior to implementation. (C) All garbage and refuse vehicles used by licensees shall display a commercially prepared sign showing the name of the licensee in letters not smaller than four inches high. (D) All applicants and licensees shall provide the city clerk with a list of all vehicles to be used in collecting and transporting garbage and/or refuse. For each vehicle, the list shall state: (1) the vehicle's make and model; (2) the VIN number; (3) the year produced; (4) the license plate number; and (5) the gross vehicle weight (GVW). Said list shall be updated whenever any vehicle is added or deleted from usage. (E) All vehicles and equipment used by a licensee shall be maintained in as clean and sanitary a condition as possible while in use. - 3 - Approved as to Form T ~ August 24, 1999 A City Attorney I I I ORDINANCE NO. 8513 (Cont.) SECTION 6. Section 17-22 of the Grand Island City Code is hereby amended to read as follows: ~17-22. Performance Bond (A) Each garbage hauler licensee shall maintain in full force and effect a performance bond with a corporate surety licensed to do business in Nebraska and in favor of the City and all customers of the licensee, guaranteeing: (1) That all services purchased by the licensee's customers shall be furnished in a manner in full compliance with the provisions of 917-15 through 917-26 inclusive, or the money paid therefor be refunded in total to said customer or customers; (2) That all the licensee's duties under all contracts with residential customers shall be performed; and (3) That all fees owed the City, including landfill fees and spillage cleanup fees, shall be paid in full by the 20th day of the month as indicated in ~17-30. (B) The bond required hereby shall be in the amount of fifty thousand dollars ($50,000.00). SECTION 7. Section 17-23 of the Grand Island City Code is hereby amended to read as follows: ~17-23. License Revocation (A) The city council may, after notice and hearing, suspend or permanently revoke a garbage hauler's or refuse hauler's license, for one or more of the following reasons: (1) Failing to maintain residency requirements of 917-16. (2) Failing to maintain all insurance required by 917 -21. (3) Failing to pay the City landfill fees or spillage cleanup fees when due. (4) Misusing a license in violation of 917-25. (5) Violating one or more provisions of this chapter relating to the collection and transportation of garbage, and/or trash; or failing to fulfill one or more of the terms of a contract with any customer, on five or more occasions in any twelve-month period. (B) If the city council determines that, based upon the evidence presented, a suspension is warranted, it shall order the hauler's license be suspended for a period of not less than thirty (30) nor more than one hundred eighty (180) days. Said suspension shall begin on the first day of the month following the date the order of suspension is entered. The licensee shall, before his, her, or its license may be renewed, refund to all customers all fees collected in advance for service to be rendered during the period of suspension; provided, that said licensee may, at his, her, or its option, pay a fine in lieu of suspension in the amount of ten (10) dollars for each day of suspension. Said option must be made and the fines therefor must be paid prior to the first day of suspension under the council's order. (C) If the city council determines that, based upon the evidence presented, revocation is warranted, it shall order the hauler's license to be revoked immediately. The order of revocation shall require the licensee to refund to his, her, or its customers, all fees collected in advance for services that were to be rendered after the date of revocation; and require the payment of all fees due the City. (D) Any licensee whose license has been revoked may not reapply for a license for a period of five years. (1) This prohibition shall apply to individuals, partners, corporate officers and agents, and all managerial personnel involved in the violations for which revocation was ordered. (2) Nothing herein shall prohibit a licensee from employing a person who is subject to the order of revocation. SECTION 8. Section 17-26 of the Grand Island City Code is hereby amended to read as follows: - 4 - Approved as to Form T ~ August 24, 1999 .... CityMtorney I I I ORDINANCE NO. 8513 (Cont.) ~17-26. Disposal by Unlicensed Persons (A) The provisions of S 17 -15 through S 17 -25 shall not be interpreted as preventing persons from collecting and transporting their own garbage, refuse, construction and demolition waste, and waste materials approved for disposal from their own property to the City disposal facilities, so long as such garbage, refuse, construction and demolition waste, and trash is secured as set forth in subsection (B) below. (B) The garbage, trash, refuse, construction and demolition waste, and waste materials collected and hauled pursuant to this section must be completely covered or otherwise contained or securely fastened so as to prevent any such materials which are liquid in nature from seeping or leaking from the vehicle, and any solid waste materials from being blown or jarred from the vehicle onto the streets or adjoining property. SECTION 9. Section 17-27 of the Grand Island City Code is hereby amended to read as follows: ~17-27. Landfill Site The City of Grand Island shall provide suitable landfill or transfer station areas for the disposal of garbage, refuse, and construction and demolition waste. All garbage and refuse collectors licensed by the City of Grand Island shall deposit all garbage, refuse, and construction and demolition waste collected in such areas. It shall be unlawful, except as set forth herein, to unload or deposit any garbage, refuse, construction and demolition waste and the contents of privy vaults and cesspools hauled from any premises within the corporate limits of the City of Grand Island, and destined for disposal within the State of Nebraska, at any place other than the approved disposal site designated as the landfill or transfer station areas provided by the City of Grand Island. All garbage, refuse, and construction and demolition waste lawfully deposited in City landfill areas shall become the property of the City of Grand Island. SECTION 10. Section 17-29 of the Grand Island City Code is hereby amended to read as follows: ~17-29. Disposal Information - General All persons who dispose of Municipal Solid Waste at the City transfer station, or the Grand Island Regional landfill when permitted, shall pay to the City for such dumping privileges, for each load, an amount in accordance with the City of Grand Island Fee Schedule. An additional charge shall apply when the delivering vehicle is not properly equipped or the load is not completely covered, or otherwise contained or securely fastened as required by this chapter or other applicable laws. Penalty provision applies to all loads. All yard waste, clean trees and branches shall be free of trash and debris. All plastic bags much be removed by the hauler. Special wastes as defined in S 17 -1 and so designated by the Solid Waste Superintendent or his/her designee as requiring additional handling due to disposal method and/or operational considerations shall be charged at two (2) times the applicable disposal rate. Due to the additional handling necessary to process the disposal of special waste, no special waste will be accepted within one (1) hour of the end of the working day. Fuel contaminated soils require Nebraska Department of Environmental Quality and landfill pre-approval. Asbestos (ACM) will require Nebraska Department of Environmental Quality and landfill pre-approval. Disposal only during scheduled hours. Haulers shall use same equipment and procedures at disposal area as required for removal procedures. ACM shall be in approved condition and/or containers. (Conditions subject to change as required by federal, state, or local rules and regulations). No special waste (i.e., asbestos, contaminated soils, etc.) accepted from short term contract holders. If full payment is not received by the 20th of each month in the month it is due, a late payment charge shall be assessed. This charge shall be one percent (1 %) per month of the unpaid balance. Approved as to Form T ~ August 24, 1999 ... City ttorney - 5 - I ORDINANCE NO. 8513 (Cont.) The fees required by this chapter may be waived by order of the mayor when, in the discretion of the mayor, the public health, safety, and welfare of the community would be enhanced by the waiving of such fees because of city-wide or district cleanup or improvement campaigns, or because of fire, flood, tornado, or other event, or series of events, causing extensive damage to the homes and property of the residents of the City of Grand Island. This section shall not be construed to permit the mayor to waive fees for garbage and refuse licensees under this chapter, disposing of garbage, refuse and waste materials for hire at the City transfer station or sanitary landfill in the normal course of their business. SECTION 11. Section 17-30 of the Grand Island City Code is hereby amended to read as follows: ~17-30. Fees; Monthly Statement All charges or approved licensee accounts made for such use of the City landfill shall be billed on the first day of the month and payable by the 20th day of such month; provided, the Department of Public Works shall accumulate all information necessary for such billings by the city treasurer, and all such billings shall be payable at the office of the city treasurer. SECTION 12. Sections 17-1, 17-2, 17-7, 17-15, 17-18, 17-22, 17-23, 17-26, 17- I 27, 17-29, and 17-30 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. I SECTION 13. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law, and on October 1, 1999. Enacted: August 23, 1999. Attest: - 6 - Approved as to Form T ~ August 24. 1999 ~CIY ttorney I I I ORDINANCE NO. 8514 An ordinance to amend Chapter 21 of the Grand Island City Code; to amend Section 21-8 pertaining to user fees; to repeal Section 21-8 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 21-8 of the Grand Island City Code is hereby amended to read as follows: ~21-8. Permit Fee If the city council grants such permit required by this chapter to any such applicant, it shall thereupon direct the chief building official or his/her designee to issue such permit upon prepayment of a permit fee to the building department, in accordance with the City of Grand Island Fee Schedule. SECTION 2. Section 21-8 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law, and on October 1, 1999. Enacted: August 23, 1999. Attest: w Approved as to Form T ~ August 24, 1999 '" City tlorney I I I ORDINANCE NO. 8515 An ordinance to amend Chapter 23 of the Grand Island City Code; to amend Section 23-31 pertaining to occupancy tax for solicitors; to repeal Section 23-31 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 23-31 of the Grand Island City Code is hereby amended to read as follows: ~23-31. Occupation Tax All solicitors, peddlers, itinerant merchants and transient vendors of merchandise, magazines, publications, wares, and services shall pay an occupation tax in accordance with the City of Grand Island Fee Schedule SECTION 2. Section 23-31 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law, and on October 1, 1999. Enacted: August 23, 1999. Attest: i tiY~ Approved as to Form August 24, 1999 T~ .. City Attorney I I I ORDINANCE NO. 8516 An ordinance to amend Chapter 25 of the Grand Island City Code; to amend Sections 25-1,25-3, and 25-12 pertaining to user fees; to repeal Sections 25-1, 25-3, and 25-12 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 25-1 of the Grand Island City Code is hereby amended to read as follows: ~25-1. License Generally All persons who shall engage in the business of pawnbroker are hereby required to make application to the mayor and city council for a license to operate such business and upon granting the same shall thereafter pay to the city treasurer an annual license fee in accordance with the City of Grand Island Fee Schedule, and the city treasurer shall give a receipt therefor, and no receipt shall run beyond the first day of May following the date of such payment. The license fee shall be paid in advance and shall be good for one year. The city council may at its discretion issue a license for a six months' period. SECTION 2. Section 25-3 of the Grand Island City Code is hereby amended to read as follows: ~25-3. Occupation Tax There is hereby levied on all persons engaged in the business of pawnbroker an annual occupation tax in accordance with the City of Grand Island Fee Schedule, which occupation tax shall be paid to the city treasurer who shall give a receipt for such payment. If the city council in its discretion grants a license to operate as a pawnbroker for a six months' period to any person applying therefor, the occupation tax to be charged in such an event shall be in accordance with the City of Grand Island Fee Schedule. SECTION 3. Section 25-12 of the Grand Island City Code is hereby amended to read as follows: 925-12. Application Fee An application for a new or renewal license shall be filed with the Grand Island-Hall County Health Department accompanied by a fee in accordance with the City of Grand Island Fee Schedule. Upon payment of the license fee, receipt of the application, and receipt of the certificate of inspection, the Health Department Director shall issue a license, valid for one (1) year from the date of issuance, to the applicant, which he/she shall keep displayed in his/her place of business at all times. Any change of ownership of the business licensed shall require a new application and license, with payment of fees therefor. Approved as to Form August 24, 1999 '" ~ .0\. City Attorney ORDINANCE NO. 8516 (Cont.) I SECTION 4. Sections 25-1, 25-3, and 25-12 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 5. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law, and on October 1, 1999. Enacted: August 23, 1999. Attest: I ~~~r2;n) I - 2 - Approved as to Form T August 24, 1999 '" City ttorney I I I ORDINANCE NO. 8517 An ordinance to amend Chapter 26 of the Grand Island City Code; to amend Sections 26-9, 26-10, 26-12, 26-38, 26-43, 26-46, 26-58, and 26-60 pertaining to user fees; to repeal Sections 26-9, 26-10, 26-12, 26-38, 26-43, 26-46, 26-58, and 26-60 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 26-9 of the Grand Island City Code is hereby amended to read as follows: ~26-9. UPC - Amendment of Section 30.4 Section 30.4 of the Uniform Plumbing Code is hereby amended to read as follows: 30.4. Fees. (a) Permit Fees. Every applicant for a permit to do work regulated by this Code shall state in writing on the application form provided for that purpose the character of work proposed to be done and the amount and kind in connection therewith, together with such information, pertinent thereto as may be required. Such applicant shall pay for each permit issued at the time of issuance a fee in accordance with the City of Grand Island Fee Schedule. (b) Plan Review Fees. When a plan or other data is required to be submitted by Subsection (b.) of Section 30.2, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for plumbing work shall be equal to 65 percent of the total permit fee as set forth in the City of Grand Island Fee Schedule. When plans are incomplete or changed so as to require additional review, a fee shall be charged in accordance with the City of Grand Island Fee Schedule. (c) Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the chief building official or his authorized representative. The chief building official or his authorized representative may exceed the time for action by the applicant for a period not to exceed 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. (d) Investigation Fees: Work without a Permit. (1) Whenever any work for which a permit is required by this Code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. (2) An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by this Code if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Code, nor from penalty prescribed by law. (e) Fee Refunds. (1) The chief building official or his authorized representative may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. Approved as to Form T ~ August 24, 1999 '" City't\tlorney I I I ORDINANCE NO. 8517 (Cont.) (2) The chief building official or his authorized representative may authorize the refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this Code. (3) The chief building official or his authorized representative may authorize the refunding of not more than 80 percent of the plan review fee paid when an applicant for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. The chief building official or his authorized representative shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. (1) Sewer Permit Fees. When interceptor traps or house trailer site traps are installed at the same time as a building sewer on any lot, no sewer permit shall be required for the connection of any such trap to an appropriate inlet fitting provided in the building sewer by the permittee constructing such sewer. When a permit has been obtained to connect an existing building or existing work to the public sewer or to connect to a new private disposal facility, backfilling of private sewage disposal facilities abandoned consequent to such connection is included in the building sewer permit. SECTION 2. Section 26-10 of the Grand Island City Code is hereby amended to read as follows: ~26-10. Fteserved SECTION 3. Section 26-12 of the Grand Island City Code is hereby amended to read as follows: ~26-12. UPC - Amendment of Section 30.6 Section 30.6 of the Uniform Plumbing Code is hereby amended to read as follows: This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling for inspections before the job is ready for inspection or reinspection. Reinspection fees may be assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which the inspection is requested, or for deviating from plans requiring the approval of the chief building official or his authorized representative. To obtain reinspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose and pay the reinspection fee in accordance with the City of Grand Island Fee Schedule. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. 930.6. Connection Approval. (a) Energy Connections. No person shall make connections from a source of energy or fuel to any plumbing system or equipment regulated by this Code and for which a permit is required until approved by the chief building official or his authorized representative. (b) Other Connections. No person shall make connection from any water supply line nor shall connect to any sewer system regulated by this Code and for which a permit is required until approved by the chief building official or his authorized representative. (c) Temporary Connections. The chief building official or his authorized representative may authorize temporary connection of the plumbing equipment to the source of energy or fuel for the purpose of testing the equipment. - 2- Approved as to Form " If August 24, 1999 .. C ttorney I I I ORDINANCE NO. 8517 (Cont.) SECTION 4. Section 26-38 of the Grand Island City Code is hereby amended to read as follows: ~26-38. Registration; Fee The fees to be collected by the chief building official for the registration of a plumbing contractor shall be in accordance with the City of Grand Island Fee Schedule. SECTION 5. Section 26-43 of the Grand Island City Code is hereby amended to read as follows: ~26-43. Examinations; Fee; Exemptions Any person desiring to be licensed as a master plumber or as a journeyman plumber pursuant to this section shall make written application for an examination to the Board. Examination fees shall be in accordance with the City of Grand Island Fee Schedule. Examination fees shall accompany such application and shall be accounted for and turned over to the City Treasurer. Examination fees are not returned but shall be forfeited in the event the applicant fails the examination. Each applicant taking the plumbers examination shall also take the examination for the gas fitters license. Failure to qualify as a gas fitter shall disqualify the applicant for either license. Only one examination fee shall be paid for taking both examinations. Any person validly registered or licensed as a master plumber or journeyman plumber or equivalent capacity by the City of Hastings or the City of Kearney shall be exempt from taking the foregoing examination, and provided the applicant is otherwise qualified pursuant to this code, shall be issued an equivalent license upon application and payment of fees. SECTION 6. Section 26-46 of the Grand Island City Code is hereby amended to read as follows: ~26-46. Licenses; Term; Renewal; Fees (I) All licenses issued by the Board pursuant to this article shall expire on December 31 of the year in which issued, but may be renewed within thirty days thereafter upon application and payment of fees in accordance with the City of Grand Island Fee Schedule. Any license holder who does not renew his license within this thirty- day grace period shall automatically forfeit such license. In the event of forfeiture of a license in this manner, the holder may apply for and qualify to recover the lapsed license by passing an examination as required under the provisions of S26-43 above. (2) The annual fee for master and journeyman plumbers shall be in accordance with the City of Grand Island Fee Schedule. SECTION 7. Section 26-58 of the Grand Island City Code is hereby amended to read as follows: ~26-58. Application Fee Each applicant for a water conditioning installer license shall pay an examination fee in accordance with the City of Grand Island Fee Schedule. - 3 - Approved as to Form August 24, 1999 I I I ORDINANCE NO. 8517 (Cont.) SECTION 8. Section 26-60 of the Grand Island City Code is hereby amended to read as follows: 926-60. License; Fees The fee to be collected by the building inspector for the registration of water conditioning contractors shall be in accordance with the City of Grand Island Fee Schedule. SECTION 9. Sections 26-9, 26-10, 26-12, 26-38, 26-43, 26-46, 26-58, and 26-60 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 10. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law, and on October 1, 1999. Enacted: August 23, 1999. \ Larry Attest: ~~6,~a6VYJ 0."...-"""....,- ~;::::$-;.j,...~;.;;:~~ . >"{o C1,?.AIVD I '~". ". C)'I. (I(t~l""''''~"" .~~( \t\ -l., , ,'."". "'1 "\ !:: :." \,'0~POtr4' B." "t:.., '. c.) i ~ /('(1 "~ <.I ,..- ! ~'ii" ~1 ~u.~ ~ ,J,~ 1';6 ~(~ Ji/~~f1 \. /)le, 10, W,17. l t:} (i;l.* 'II"" lll., _ ;~.D{) '~~/eRAS~~. "'" - 4 - Approved as to Form T ~-::- August 24, 1999 .. City ttorney I I I ORDINANCE NO. 8518 An ordinance to amend Chapter 30 of the Grand Island City Code; to amend Sections 30-28, 30-81, 30-82, 38-83, 30-84, and 30-93 pertaining to user fees; to repeal Sections 30-28, 30-81, 30-82, 38-83, 30-84, and 30-93 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 30-28 of the Grand Island City Code is hereby amended to read as follows: ~30-28. Applications for Permits Applications for permits to connect, tap, construct, modify or make attachments to public sewers shall be made to the director upon forms provided by the City. Such applications shall be accompanied by a fee in accordance with the City of Grand Island Fee Schedule to cover the cost of inspection, recording, and other expenses. The application shall show the exact location of the proposed work, and when requested by the director, the plumber shall provide plans or specifications of the proposed work. When required, an application shall be on file with the director twenty-four hours before the issuance of a permit. If work is commenced prior to application for the permit, an investigation fee in addition to the permit fee in the same amount as the permit fee shall be assessed. Each permit shall expire six (6) months from date of issuance. SECTION 2. Section 30-81 of the Grand Island City Code is hereby amended to read as follows: ~30-81. Volume Charges The charges for sewer service shall be paid either quarterly or monthly in conformance with the billing for water, and each consumer shall be billed per 100 cubic feet in accordance with the City of Grand Island Fee Schedule. SECTION 3. Section 30-82 of the Grand Island City Code is hereby amended to read as follows: ~30-82. Service Charges The monthly service charge for sewage contributions to consumers and users shall be in accordance with the City of Grand Island Fee Schedule, regardless of the volume of sewage contributed. Approved as to Form T ~ August 24, 1999 .... City ttorney I I I ORDINANCE NO. 8518 (Cont.) SECTION 4. Section 30-83 of the Grand Island City Code is hereby amended to read as follows: ~30-83. Industrial Waste Surcharge Extra Strength Surcharge An industrial waste surcharge shall be assessed against any person discharging industrial wastes into the City's sanitary sewer system where the contributed wastewater strength exceeds normal strength wastewater and shall be billed in accordance with the City of Grand Island Fee Schedule. Customer Charf!e The specific costs incurred by the City associated with monitoring and determining flow and strength. Industrial Four Part Charge The industrial service four-part charges will be applied to those industrial users who certify that their sewage contributions are less than normal strength wastewater, and such customers shall be billed in accordance with the City of Grand Island Fee Schedule. Customer Charge - The specific costs incurred by the City associated with monitoring and determining flow and strength and/or checking the users certification. SECTION 5. Section 30-84 of the Grand Island City Code is hereby amended to read as follows: ~30-84. Minimum Charges The minimum charge for sewage contributions shall be the sum of applicable service charge, volume charge and/or extra strength surcharge. For customers billed on the industrial four part charge, the minimum charge shall be the sum of the volume, BOD, SS, oil and grease, hydrogen sulfide, annnonia, and customer charge. The minimum charge for sewage contributions to consumers and users who are not required to meter their water supply shall be in accordance with the City of Grand Island Fee Schedule. SECTION 6. Section 30-93 of the Grand Island City Code is hereby amended to read as follows: ~30-93. Charges for Septic Tank Sludge Septic tank sludge may be deposited at the City's water pollution control plant in a location designated by the superintendent of the said plant or his representative after payment of a fee in accordance with the City of Grand Island Fee Schedule for ordinary septage, having strength up to 6,000 mg/l BOD, and 20,000 mg/l SS. Per 100 gallons or fraction thereof of tank capacity in accordance with the City of Grand Island Fee Schedule For septage having strength of more than 6,000 mg/l BOD, and 20,000 mb/l SS, the fee shall be calculated by applying the industrial four-part rate specified in S30-83. Waste from a recreational vehicle may be deposited at the City's water pollution control plant in a location designated by the superintendent of said plant. Fees for such discharge of recreational waste shall be on a voluntary basis. - 2 - Approved as to Form T ~ August 24, 1999 i. City Attorney I I I ORDINANCE NO. 8518 (Cont.) SECTION 7. Sections 30-28, 30-81, 30-82, 30-83, 30-84, and 30-93 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 8. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law, and on October 1, 1999. Enacted: August 23, 1999. Attest: (k flenJ - 3 - Approved as to Form T ~ August 24. 1999 ... City J!i. torney I I I ORDINANCE NO. 8519 An ordinance to amend Chapter 31 of the Grand Island City Code; to amend Sections 31-3 and 31-5 pertaining to user fees; to repeal Sections 31-3 and 31-5 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date ofthis ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 31-3 of the Grand Island City Code is hereby amended to read as follows: ~31-3. Sign Hanger's License (1) It shall be unlawful for any person to engage in the business of sign hanging without first obtaining a license for such business from the City, and without maintaining comprehensive liability insurance as provided herein. (2) The fee for a sign hanger's license shall be in accordance with the City of Grand Island Fee Schedule. (3) Every licensee shall maintain in full force and effect an insurance policy written by a company or companies authorized to do business in the State of Nebraska with the following coverages and amounts: (A) Comprehensive general liability insurance covering the operations of the licensee, including completed operations coverage, with limits of not less than $300,000 per occurrence for bodily injury and property damage; (B) A provision making the City of Grand Island a named insured for all third party bodily injury and property damage claims arising out of occurrences in connection with the licensee's operations, including completed operations, within the City's zoning jurisdiction; (C) A provision that said policy or policies may not be canceled without written notice of such cancellation having been served on the City at least thirty days prior to the date of cancellation. SECTION 2. Section 31-5 of the Grand Island City Code is hereby amended to read as follows: ~31-5. Permit to Erect, Move, or Remove Sign (1) A permit shall be obtained from the chief building inspector for each sign to be erected, re-erected, moved, or removed in the City, prior to the work being performed; (2) Before issuing a permit for erecting any sign, a drawing shall be submitted to the chief building inspector showing height, width, elevations, and electrical details of such signs; (3) Upon the granting of a permit for sign erection or moving, the applicant shall pay a fee to the City in accordance with the City of Grand Island Fee Schedule; (4) When any construction, alteration, or repair of a sign shall have been started before a permit has been issued, a permit fee of double the amount provided in the City of Grand Island Fee Schedule shall be charged. Approved as to Form T ~ August 20, 1999 .... City ttorney I I I ORDINANCE NO. 8519 (Cont.) SECTION 3. Sections 31-3 and 31-5 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law, and on October 1, 1999. Enacted: August 23, 1999. Attest: Ckf1~ l!, iM1) JW Cindy K. hnso~, ity Clerk ~0:~:::~,c, ,"~,,^(;~~)~~~~i\~~:s(~ l! /-.''0,' ",I< "e "1 ~i ....".. . ~.. .,,\,\)\\1'01(-1.1: ". 't-.. f>.,.): ~ <~ (<~O . . *t ~ ~ 4.%l ht . 't.. t)fc. 10, 1l~1t I . '. '" , tl~j . ,,'i , ~_ ;'<~'~~$~00rji _ ~ "'l;\', Ii <; \\: p. ~:~~:\:s_::s.:'5:~~~~_s~~! - 2 - Approved as to Form T ~ August 20, 1999 ... City ttorney I I I ORDINANCE NO. 8520 An ordinance to amend Chapter 34 of the Grand Island City Code; to amend Sections 34-77,34-91,34-92, and 34-94 pertaining to user fees; to repeal Sections 34-77, 34-91, 34-92, and 34-94 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 34-77 of the Grand Island City Code is hereby amended to read as follows: ~34-77. Taxicab Company Permit; Fees Every application for a permit as required by S34-1 shall be accompanied by a receipt signed by the city treasurer showing proof that the occupation tax has been paid in accordance with the City of Grand Island Fee Schedule. The money paid for the occupation tax shall go into the general fund of the City. SECTION 2. Section 34-91 of the Grand Island City Code is hereby amended to read as follows: ~34-91. Issuance Upon an applicant for a taxicab driver's permit complying with the requirements of this article, and upon the filing of the health certificate, and a certificate showing that he or she has passed the examination given by the chief of police, and upon payment of the fees in accordance with the City of Grand Island Fee Schedule, the city clerk is authorized to issue such taxicab driver's permit. SECTION 3. Section 34-92 of the Grand Island City Code is hereby amended to read as follows: ~34-92. Assignability A taxicab driver's permit issued pursuant to this article is not assignable and shall authorize the holder thereof to drive only for the owner designated in the application. In the event such driver changes employers, the city clerk is authorized to issue a new permit to such driver, without examination, upon payment of the permit fee in accordance with the City of Grand Island Fee Schedule. SECTION 4. Section 34-94 of the Grand Island City Code is hereby amended to read as follows: Approved as to Form T ~ August 24. 1999 ... City ttorney ORDINANCE NO. 8520 (Cont.) I ~34-94. Reserved SECTION 5. Sections 34-77, 34-91, 34-92, and 34-94 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 6. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law, and on October 1, 1999. Enacted: August 23, 1999. Attest: I (k I Approved as to Form T /'~ August 24, 1999 ... citYlt~ney - 2 - I I ORDINANCE NO. 8521 An ordinance to disestablish Business Improvement District No.1; to disband the Downtown Improvement Board for Business Improvement District No.1; to repeal Sections 13- 19 through 13-24 of the Grand Island City Code pertaining to Business Improvement District No.1; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. WHEREAS, Business Improvement District No.1 was created on December 3, 1984 by Ordinance No. 7145; and WHEREAS, a Business Improvement Board was appointed for Business Improvement District No.1; and WHEREAS, on January 25, 1999, by Ordinance No. 8402, the City of Grand Island created Business Improvement District No. 2 to replace Business Improvement District No.1; and WHEREAS, the existence of Business Improvement District No. 1 is no longer necessary, and all assets of such district have been expended; and WHEREAS, a Resolution of Intent to disestablish Business Improvement District No.1 was approved by the Grand Island City Council on August 23, 1999 by Resolution 99-248; and WHEREAS, a public hearing was held on September 13, 1999 to hear discussion on disestablishing Business Improvement District No.1, and on disbanding the Downtown Improvement Board for such district. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: Approved as to Form T ~ September 9, 1999 .... City ttorney I I ORDINANCE NO. 8521 (Cont.) SECTION 1. Business Improvement District No. 1 is hereby disestablished, and Sections 13-19 through 13-24 which govern said district are hereby repealed. SECTION 2. The Downtown Improvement Board appointed for such Business Improvement District No. 1 is hereby disbanded. SECTION 3. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: September 13, 1999. ~~ Ken radt, Mayor Attest: - 2 - Approved as to Form T CfJ:... September 9, 1999 ... City Attorney I I I ORDINANCE NO. 8522 An ordinance to amend Chapter 13 and 37 of the Grand Island City Code; to amend the occupation tax for Downtown Improvement and Parking District No.1; to amend Sections 13-3, 13-12, 13-13 and 13-17.1 pertaining to fees; to repeal Sections 13-3, 13-12, 13-13, 13-17.1 and Article VIII of Chapter 37 and Sections 37-52, 37-53, 37-54, and 37-55 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 13-3 of the Grand Island City Code is hereby amended to read as follows: ~13-3. Tax Rate The annual rate of the general license and occupation tax and classification of businesses shall be as follows: 1. $00.1048 square foot floor space upon all space used for business and professional offices in the district; provided, 2. $86.15 minimum annual tax for any single business or professional office should the tax rate under 1. above be less than $86.15. SECTION 2. Section 13 of the Grand Island City Code is hereby amended to read as follows: ~13-12. Parking Fee - Metered Zone The metered zone parking fees set forth in accordance with the City of Grand Island Fee Schedule are found and determined to be a reasonable deposit from those who park vehicles for the specified periods of time in parking spaces designated to be within a Metered Zone between the hours of 8:00 a.m. and 5:30 p.m., on any day except Sunday, or a holiday designated by the mayor. SECTION 3. Section 14 of the Grand Island City Code is hereby amended to read as follows: ~13-13. Parking Fee - Express Zone The express zone parking fees set forth in accordance with the City of Grand Island Fee Schedule are found and determined to be a reasonable deposit from those who park vehicles for the specified periods of time in parking Approved as to Form ... September 14.1999 A City Attorney I I I ORDINANCE NO. 8522 (Cont.) spaces designated to be within an Express Zone between the hours of 8:00 a.m. and 5:30 p.m., on any day except Sunday, or a holiday designated by the mayor. SECTION 4. Section 13-17.1 of the Grand Island City Code is hereby amended to read as follows: ~13-17.1 Special EmployerlEmployee Parking Permit A special parking permit may be issued to employers and employees of certain businesses for use at the 2- hour parking lot located on the north side of the 300 block of West Second Street, commonly known as the "Chamber Lot" under the following conditions: (A) Employers must have a business, and employees must be employed by a business whose street addresses are in the following blocks: the 100 and 200 blocks of North Wheeler Street; the 100 and 200 block of North Walnut Street; the 200, 300 and 400 blocks of West Second Street, and the south side of the 300 block of West Third Street. (B) Applicants must pay a nonrefundable fee in accordance with the City of Grand Island Fee Schedule for each parking permit. Each parking permit commences upon issuance and expires on December 31 of each year. Application for or renewal of each parking permit requires the completion of an application form, the approval of such application, and payment of the fee set forth in the City of Grand Island Fee Schedule. Applications for renewal of the parking permit shall be made to the Information Desk at City Hall. (e) The parking permit provided by the Downtown Improvement Board must be placed on the rearview mirror and must be visible at all times while the vehicle is parked in the "Chamber Lot". (D) The parking permit is valid in the "Chamber Lot" only. SECTION 5. Article VIII. of Chapter 37, and Sections 37-52, 37-53, 37-54, and 37-55 of the Grand Island City Code which currently reads as follows, is hereby repealed: ~37-52. Downtown Improvement and Parking District; Rate The annual rate of the general license and occupation tax and classification of businesses, as referenced in 9 13-3, shall be as follows: 1. $00.0964 square foot floor space upon all space used for business and professional offices in the district; provided, 2. $86.15 minimum annual tax for any single business or professional office should the tax rate under 1 above be less than $86.15. ~37-53. Parking Fee; Metered Zone The parking fee for metered zones as referenced in 9 13-12, shall be as follows: Time Period Fee o to 120 minutes................. ............................................................. No Fee 120 to 180 minutes............................................................................. $3.00 Each additional 60 minutes or fraction thereof......................................... $3.00 ~37-54. Parking Fee; Express Zone The parking fee for express zones as referenced in S 13-13, shall be as follows: Time Period Fee o to 20 minutes................................................................................................ No fee 21 to 40 minutes ...............................................................................................$3.00 Each additional 20 min. or fraction thereof ......................................................$3.00 - 2;. Approved as to Form T September 14, 1999 .... City Attorney I I I ORDINANCE NO. 8522 (Cont.) ~37-55. Parking Permit; Special Employer/Employee Parking The nonrefundable parking permit fee and renewal fee, as referenced in S 13-17.1, shall be $10.00 per year. SECTION 6. Sections 13-3, 13-12, 13-13, and 13-17.1 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 7. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law, and on October 1, 1999. Enacted: September 13, 1999. ~/ . ~ Ke Gnadt, Mayor Attest: - 3 - Approved as to Form T September 14, 1999 .... City Attorney I I I ORDINANCE NO. 8524 An ordinance to amend Chapter 5 of the Grand Island City Code; to amend Sections 5-8, 5-9, 5-12, 5-13, 5-40, 5-44 pertaining to fees; to repeal Sections 5-8, 5-9, 5-12, 5- 13,5-40,5-44, and Article III of Chapter 37 and Sections 37-15, 37-16, 37-17, 37-18, and 37-19, as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 5-8 of the Grand Island City Code is hereby amended to read as follows: ~5-8. Commercial Permits; Fee; Renewal (A) A commercial permit fee in accordance with the City of Grand Island Fee Schedule shall be paid to the health department for each commercial animal establishment within the City. (B) Each permit shall be effective for one year, beginning on August 1 of each year and ending on July 31 of the following year. (C) Renewal applications shall be made no sooner than thirty days prior to, nor later than thirty days after, the first day of August. SECTION 2. Section 5-9 of the Grand Island City Code is hereby amended to read as follows: ~5-9. Commercial Permits; Transfer Permits may be transferred upon a change of ownership of a commercial animal establishment upon payment of a transfer fee in accordance with the City of Grand Island Fee Schedule. SECTION 3. Section 5-12 of the Grand Island City Code is hereby amended to read as follows: ~5-12. Registration Tax; Amounts; Delinquent (A) The owner of any dog or cat over the age of six months in the City of Grand Island shall pay an annual pet license tax for said dog or cat in accordance with the City of Grand Island Fee Schedule. The annual pet license as provided in this section shall be for the period of January 1 through December 31 of the licensing year. The pet license provided for by this section shall be secured by each new owner or new resident within thirty days of establishing residency in the City or after acquiring said animal, notwithstanding the Approved as to Form T September 14, 1999 '" City Attorney I I I ORDINANCE NO. 8524 (Cont.) fact that the dog or cat may have been registered within the annual period by a previous owner or that the dog or cat had been registered with another authority other than the City of Grand Island. (B) The tax required in (A) above shall become due on January 1 of the licensing year and shall become delinquent on March 1 of each year. The owner of any dog or cat in the City of Grand Island registering the same after said tax has become delinquent shall pay a surcharge in accordance with the City of Grand Island Fee Schedule. (C) No dog or cat shall be registered and licensed unless and until the owner shall display a certificate of a licensed veterinarian showing that such dog or cat has been vaccinated for rabies. SECTION 4. Section 5-13 of the Grand Island City Code is hereby amended to read as follows: ~5-13. Pet Tag; Issuance (A) Upon the payment of the pet license tax required by S5-l2, the owner shall be issued a metal tag for each dog or cat registered, which tag shall be marked and numbered with the year for which the tag is purchased and tax paid, and the number corresponding with the number of the dog or cat on the tax list. The pet tag must be attached to a collar or a harness and must be worn by each dog or cat at all times. (B) Each dog or cat registered must be listed and numbered by the treasurer. (C) If a pet license tag is lost, a replacement tag must be issued upon payment of a fee in accordance with the City of Grand Island Fee Schedule. SECTION 5. Section 5-40 of the Grand Island City Code is hereby amended to read as follows: ~5-40. Wild Animals Prohibited (A) No person shall keep, or permit to be kept on their residential premises any wild animal as a pet, for display, or for exhibition purposes, except as those on an Approved Animal List to be promulgated and adopted by the Animal Advisory Board and approved by the Mayor and City Council. Copies of the Approved Animal List shall be on file with the City Clerk and the humane society, and shall be available for public inspection. (B) No person or commercial animal establishment shall offer any wild animal for sale unless included on the Approved Animal List. (C) The owner of any wild animal listed on the Approved Animal List over the age of six (6) months shall pay an annual wild animal license tax in accordance with the City of Grand Island Fee Schedule. The annual wild animal license, as provided in this section, shall be for the period of January 1 through December 31 of the licensing year. The wild animal license provided for by this section shall be secured by each owner or new resident within thirty (30) days of establishing residency in the City or after acquiring said animal, notwithstanding the fact that the wild animal may have been registered within the annual period by a previous owner or that the wild animal may have been registered in another authority other than the City of Grand Island. The wild animal license tax shall become due on January 1 of the licensing year and shall become delinquent on March 1 of each year. The wild animal license tax for 1997 shall become due on May 1, 1997 and shall become delinquent on July 1, 1997. (D) In the event a person wishes to keep or permit to be kept on his residential premises, any wild animal not listed on the Approved Animal List, application in writing may be made to the Animal Advisory Board for adding said species to the Approved Animal List. The primary factor to be considered by the Animal Advisory Board in adding a species to the Approved Animal List shall be whether allowing animals of said species to be kept within the corporate limits of the City of Grand Island presents a risk to public health, safety and welfare or the health, safety and welfare of other species already allowed to be kept as pets. - 2 - Approved as to Form T September 14, 1999 A City Attorney I I I ORDINANCE NO. 8524 (Cont.) SECTION 6. Section 5-44 of the Grand Island City Code is hereby amended to read as follows: ~5-44. Impounded Animals; Disposition (A) All animals impounded pursuant to S5-42 shall be retained until redeemed by their owner upon payment of an impoundment fee in accordance with the City of Grand Island Fee Schedule. (B) All animals impounded pursuant to S5-43 shall be retained until completion of the observation period and the determination by a licensed veterinarian that said animal is not infected with rabies, and then may be redeemed by its owner upon payment of the fees for impoundment and cost of care as set forth in accordance with the City of Grand Island Fee Schedule. (C) Any animal not claimed by its owner within three clear working days after being impounded under SS5-42 or 5-43, shall become the property of the contracting agency and may be placed for adoption or humanely euthanized by said agency at its discretion. The foregoing time period shall not include the day of impoundment. (D) Any animals determined to have rabies by a licensed veterinarian shall be destroyed as soon as possible after that determination is made. (E) All animals impounded pursuant to S5-37 shall be retained until redeemed by their owner upon payment of fees for impoundment and cost of care as set forth in accordance with the City of Grand Island Fee Schedule. Any animal not claimed within three (3) clear working days after being impounded or such extended period as is granted in writing by the contracting agency to allow the animal's owner to construct a pen or structure in conformance with S5-36 shall become the property of the contracting agency and may be placed for adoption or humanely euthanized by said agency at its discretion. The foregoing time period shall not include the day of impoundment. (F) No dog or cat impounded under S5-37, S5-42 or S5-43 shall be released until said animal is vaccinated and licensed as required by the provisions of this ordinance. SECTION 7. Article III. of Chapter 37, and Sections 37-15, 37-16, 37-17, 37-18 and 37-19 of the Grand Island City Code which currently read as follows, are hereby repealed: Article III. Animal Fees ~37-15. Commercial Permit Fee The annual fee for a commercial permit, as referenced in S5-8, shall be $60.00 for each animal establishment. ~37-16. Commercial Permit Fee; Transfer The fee to transfer a commercial permit, as referenced in S5-9, shall be $10.00. ~37-17. Pet License Tax (A) The annual dog or cat license tax for an unneutered male or an unspayed female shall be $18.00. The annual dog or cat license tax for a neutered male or a spayed female shall be $8.00. (B) The annual license tax for a wild animal over the age of six (6) months listed on the Approved Animal List, as referenced in S5-40, shall be $7.50 commencing January 1, 1998. The amount of the 1997 annual license tax for a wild animal shall be $3.75. (C) The surcharge for registering a dog, cat, or approved wild animal after such license tax has become delinquent, as referenced in S5-12 and S5-40, shall be $10.00. ~37-18. Replacement Tag Fee A replacement tag fee as referenced in S5-13 shall be no charge. - 3 - Approved as to Form T September 14, 1999 ... City Attorney I I I ORDINANCE NO. 8524 (Cont.) ~37-19. Impoundment Fee An impoundment fee, as referenced in 95-44, shall be $15.00 plus the cost of caring for said animal at such rate as set by the contracting agency. SECTION 8. Sections 5-8, 5-9, 5-12, 5-13, 5-40, and 5-44 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 9. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: September 13, 1999. Attest: ;::<;~ Ken G adt, May~.=::;:;s~~ ,,::\/ "nAND ~ /,,7 ,; '.,)" I' f" 0' ",,~"".O'. 8.... ~ I "-4" ~/'i}.t., e$~~ ''"1' , I". ,"po" . /I "" -h \,\j~\<' 'iI//:, ~ ~ c.> l ~~.J ~ 'i'~ C> ~. "..; ,<o'l.- 0 : ~-" ~ :...' *t : M'~ \ Ofe 10 't:\'l..,: .' (J ~. -,'\ !f ~~ e'h ~0, ~@~ 1\~m-@S>It-$("e Jf'BR p,S ~$'.L~:'~-5:' ~ - 4 - Approved as to Form T September 14. 1999 ... City Attorney I I I ORDINANCE NO. 8525 An ordinance to amend Chapter 8 of the Grand Island City Code; to amend Sections 8-4, 8-4.3, 8-15.1, 8-15.2, 8-29, 8-30, 8-43, 8-45, 8-60, 8-62, and 8-82 pertaining to fees; to repeal Sections 8-4, 8-4.3, 8-15.1, 8-15.2, 8-29, 8-30, 8-43, 8-45, 8-60, 8-62, 8-82 and Article VI of Chapter 37, and Sections 37-34 through 37-42 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 8-4 of the Grand Island City Code is hereby amended to read as follows: ~8-4. UBC - Amendment of Section 204 Section 204 of the Uniform Building Code is hereby amended to read in its entirety as follows: BUILDING CODE ADVISORY BOARD Sec. 204. Purpose. The purpose of the Building Code Advisory Board is to determine the suitability of alternate materials and methods of construction. Whereas, there may arise a design or material that may not meet the exact criteria of the Uniform Building Code, especially in the areas of Energy Related projects, this Board shall examine the data available, and/or may require any additional data, to determine that the proposed material or method is at least equivalent of the purpose as set forth in the Building Codes. The Board may not waive any requirements of the Building Codes, but only approve in lieu of/alternate methods of materials. Member. The Building Code Advisory Board members will be appointed by the mayor and approved by the city council. They shall be persons who are qualified by experience and training to pass upon matters pertaining to building construction. The Board shall consist of seven members. The chief building inspector shall be an ex officio member and will act as secretary of the Board. One city council member shall also act as an ex officio member. At least four members of the Board must be present to constitute a quorum and be able to act. Chairman/Officers; Length of Service. A chairman and vice chairman will be selected from among the seven members and each will serve a two-year term. The seven members will serve two-year terms, alternating four and three on a yearly basis. Request Procedure. The request process for the Board shall be as follows: 1. If an applicant shall be denied a building permit or shall receive disapproval from the chief building inspector, the applicant may file a request on the forms furnished by the Building Department, together with a request procedure fee in accordance with the City of Grand Island Fee Schedule, stating in full detail what the product or project is, the use, sections of the Code that cannot be fully complied with, what the alternative material or method will be, and sufficient evidence supporting the request. This shall be filed with the chief building inspector who shall then notify the officers of the Board, who shall set a time of meeting, and the meeting shall be within ten (10) days of the date of application. 2. The meeting of the Building Code Advisory Board shall be presided over by the chairman. 3. The Board shall hear all evidence by the party requesting consideration and a presentation by the chief building inspector. Approved as to Form T September 14. 1999 ... City Attorney I I I ORDINANCE NO. 8525 (Cont.) 4. After hearing all evidence presented, the Board shall determine whether the proposed alternate method of material is equivalent with the interest and safety of the Code, or may recommend changes to their satisfaction. 5. An order approving such a request shall require a "Yes" vote of four of the Board members. 6. The Board shall render all decisions in writing to the applicant and the chief building inspector within a reasonable period of time. SECTION 2. Section 8-4.3 of the Grand Island City Code is hereby amended to read as follows: ~8-4.3. UBC - Amendment of Section 304; Fees; Plan Review Fee Sec. 304. (a) General. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee schedule adopted by the jurisdiction. (b) Permit Fees. The fee for each permit shall be as set forth in the City of Grand Island Fee Schedule. (c). Plan Review Fees. When a plan or other data are required to be submitted by Section 302(b), a plan review fee shall be paid in accordance with the City of Grand Island Fee Schedule at the time of submitting plans and specifications for review. The plan review fees specified in this subsection are separate fees from the permit fees, and are in addition to the permit fees. Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in the City of Grand Island Fee Schedule. (d). Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days on request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. (e). Investigation Fees: Work Without a Permit. 1. Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. 2. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be in accordance with the City of Grand Island Fee Schedule. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. (t). Fee Refunds. The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. SECTION 3. Section 8-15.1 of the Grand Island City Code is hereby amended to read as follows: - 2 - Approved as to Form T September 14. 1999 .... City Attorney I I I ORDINANCE NO. 8525 (Cont.) ~8-15.1. Temporary Retail Buildings; Restrictions No person, firm, or corporation shall erect, construct, equip, use, occupy, or maintain any temporary building or structure in the City or two-mile jurisdiction or cause the same to be done without first obtaining a separate building permit for each such temporary building from the Building Department. Temporary buildings shall be those buildings built and designed for use no longer than 120 calendar days to facilitate special events or annual sales. Temporary buildings shall be constructed to support required wind load, adequately anchored, and located no closer than 20 feet to any adjacent structure, or be separated by a two-hour fire wall. Exterior walls shall be one- hour fire resistive if less than 20 feet from a property line, and the allowable area shall comply with Table 5-A of the adopted building code. Exiting shall be provided as required for permanent buildings. Temporary buildings shall not be connected to permanent utilities, e.g., sewer, water, electric, or gas. Temporary buildings permits shall be limited to one per tract of land, not to exceed 120 days per calendar year. The fee for a temporary building permit shall be in accordance with the City of Grand Island Fee Schedule. SECTION 4. Section 8-15.2 of the Grand Island City Code is hereby amended to read as follows: ~8-15.2. Commercial Display Buildings; Definition; Restrictions No person, firm, or corporation shall place upon any property, any commercial display building without first obtaining a permit from the Building Department for the placement of such commercial display building(s). Commercial display buildings shall be those structures which are offered for sale or used as display or inventory. They shall not be used for any other purpose, occupied, or used as storage facilities. Commercial display buildings shall be constructed to support required wind loads, be adequately anchored, and in all other aspects comply with adopted building and zoning codes. Commercial display buildings shall not be connected to permanent utilities. The fee for commercial display buildings shall be in accordance with the City of Grand Island Fee Schedule. SECTION 5. Section 8-29 of the Grand Island City Code is hereby amended to read as follows: ~8-29. Review of Plans by Fire Department; Fee In addition to the building permit fee set out in 937-35, there shall be a fire plan review fee in accordance with the City of Grand Island Fee Schedule paid to the fire department for the review of said plans as required by state statutes. SECTION 6. Section 8-30 of the Grand Island City Code is hereby amended to read as follows: ~8-30. Construction Prior To Permit Issuance When any construction, alteration or repair of buildings shall have been started before a permit therefor has been issued, an investigation fee in addition to the building permit fee shall be collected. The investigation fee shall be in accordance with the City of Grand Island Fee Schedule. - 3 - Approved as to Form T September 14, 1999 '" City Attorney I I I ORDINANCE NO. 8525 (Cont.) SECTION 7. Section 8-43 of the Grand Island City Code is hereby amended to read as follows: ~8-43. Registration Required to Move Buildings (A) It shall be unlawful for any person to engage in the business of moving houses and buildings within the City limits and within two miles of the corporate boundary of said City without first being registered as such by the City and paying the fee therefor; provided, however, no registration shall be required to move a building which has a floor surface of one hundred square feet or less. Buildings which do not exceed sixteen feet in width or twenty-four feet in length may be exempted from the requirements of this Article by the chief building inspector upon finding that such exemption would not adversely affect the public interest. Such registration shall be issued by the chief building inspector, and the same shall expire on December 31 of the year the same is issued. (B) The registration fee shall be paid in accordance with the City of Grand Island Fee Schedule. SECTION 8. Section 8-45 of the Grand Island City Code is hereby amended to read as follows: ~8-45. Permit - Required; Fee Before any house or building can be moved, a permit must be issued authorizing the moving of the same. Upon the granting of a moving permit, the applicant shall pay a fee to the City in accordance with the City of Grand Island Fee Schedule. SECTION 9. Section 8-60 of the Grand Island City Code is hereby amended to read as follows: ~8-60. Registration Required; Fee; Term 1. Any person engaged in the business of razing and demolishing buildings and houses in the City and in the area within two miles of the corporate boundary of said City, shall, before starting such business in the City or within such two mile area beyond its corporate limits, secure from the chief building inspector a certificate of registration to engage in such business. 2. The annual registration fee and the renewal fee for such registration, which shall expire on December 31, following the date of issuance, shall be in accordance with the City of Grand Island Fee Schedule. SECTION 10. Section 8-62 of the Grand Island City Code is hereby amended to read as follows: ~8-62. Permit to Raze Building; Fees It shall be the duty of the chief building inspector to collect fees for razing and demolishing of structures in the same manner and in the same amount as set forth in the City of Grand Island Fee Schedule pertaining to building permit fees. - 4 - Approved as to Form T September 14,1999 ... City Attorney I I I ORDINANCE NO. 8525 (Cont.) SECTION 11. Section 8-82 of the Grand Island City Code is hereby amended to read as follows: ~8-82. Fees Whenever a building permit is required by Section 301 of the Building Code, the appropriate fees shall be paid to the building official as specified for building permits in the City of Grand Island Fee Schedule. SECTION 12. Article VI. of Chapter 37 and Sections 37-34, 37-35, 37-36, 37-37, 37-38, 37-39, 37-40, 37-41, and 37-42 of the Grand Island City Code which read as follows is hereby repealed: Article VI. Building Department Fees ~37-34. Request Procedure Fee The request procedure fee, as referenced in g8-4, shall be $50.00. ~37-35. Permit Fees The following is a schedule to be used for the purpose of determining the basis for fees for permits requiring inspections within the zoning jurisdiction of the City: Estimated Valuation Fee $1.00 to $1,600 ............................................................................................................. $22.00 $1,601 to $1,700 ........................................................................................................... $24.00 $1,701 to $1,800 ........................................................................................................... $28.00 $1,801 to $1,900............................................................................................................ $31.00 $1,901 to $2,000.. ....... .... ......... ....... .... .......... .............. ...... ......... ..... .... ....... ... .... ... .......... $33.00 $2,001 to $25,000......................................................$33.00 for the first $2,000 plus $6.00 for each additional $1,000 or fraction thereof, to and including $25,000 $25,001 to $50,000................................................ $171.00 for the first $25,000 plus $4.60 for each additional $1,000 or fraction thereof, to and including $50,000 $50,001 to $100,000............................................... $286.00 for the first $50,000 plus $3.25 for each additional $1,000 or fraction thereof, to and including $100,000 $100,001 and up ...................................................$448.50 for the first $100,000 plus $2.85 for each additional $1,000 or fraction thereof. Other Inspections and Fees Per Hour 1. Inspections outside of normal business hours .................................................................. $31.00* 2. Reinspection Fee .............................................................................................................. $31.00* 3. Inspections for which no fee is specifically indicated ...................................................... $31.00* 4. Additional plan review required by changes, additions or revisions to approved plans (minimum charge, one-half hour) . ...... ..... ...... ............................ .... ........ ............... .................................. ....... $31.00* *Or the total hourly cost to the jurisdiction, whichever is greater. The cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of all the employees involved. ~37-36. Plan Review Fees Plan review fees as referenced in g8-4.3(C) shall be fifty percent (50%) of the building permit fee for commercial projects and ten percent (10%) of the building permit fee for residential construction as identified in g37-35. ~37-37. Investigation Fee The investigation fee, as referenced in 98-4.3(E), 98-30 and 915-41, shall be equal to the amount of the permit fee. - 5 - Approved as to Form T September 14, 1999 ... City Attorney I I I ORDINANCE NO. 8525 (Cont.) ~37-38. Temporary Building Permit Fee The permit fee for a temporary building, as referenced in 98-15.1, shall be $65.00. ~37-39. Fire Department Plan Review Fee The fire department's plan review fee, as referenced in 98-29 and 916-2.1, shall be equal to twenty five percent (25%) of the building permit fee. The fee for the review of duplicate building plans submitted within one (1) year of the review of the original plans shall be twenty percent (20%) of the building permit fee. The fees required under this section shall be paid to the Fire Department. ~37-40. Registration fee; Building Mover The fee, as referenced in 98-43, shall be as follows: New building mover license issued between January 1 and June 30 New building mover license issued between July 1 and December 31 License Renewal $160.00 $110.00 $ 60.00 ~37-41. Registration fee; Razing and Demolishing Building The fee, as referenced in 98-60, shall be as follows; New license issued between January 1 and June 30 New license issued between July 1 and December 31 License Renewal $160.00 $110.00 $ 60.00 ~37-42. Commercial Display Building Permit Fee The permit fee for a commercial display building, as referenced in 98-15.2, shall be $65.00. SECTION 13. Sections 8-4, 8-4.3, 8-15.1, 8-15.2, 8-29, 8-30, 8-43, 8-45, 8-60, 8- 62, and 8-82 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 14. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law, and on October 1, 1999. - 6 - Approved as to Form ." September 14, 1999 .4 City Attorney I I I ORDINANCE NO. 8525 (Cont.) Enacted: September 13, 1999. Attest: c~s:!~ - 7 - Approved as to Form " September 14, 1999 ... City Attorney I I I ORDINANCE NO. 8526 An ordinance to amend Chapter 15 of the Grand Island City Code; to amend Sections 15-16, 15-18, 15-19, 15-35, 15-41, and 15-51 pertaining to user fees; to repeal Sections 15-16, 15-18, 15-19, 15-35, 15-41, and 15-51, and Article IX of Chapter 37, and Sections 37-58 and 37-59 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 15-16 of the Grand Island City Code is hereby amended to read as follows: ~15-16. Permit Fees Upon the granting of a permit for electrical work requiring an inspection, the applicant shall pay a fee to the City in accordance with the City of Grand Island Fee Schedule. SECTION 2. Section 15-18 of the Grand Island City Code is hereby amended to read as follows: ~15-18. Investigation Fees; Work Without a Permit (A) Whenever any work for which a permit is required by this Code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. (B) An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be in accordance with the City of Grand Island Fee Schedule. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Code, nor from penalty prescribed by law. (C) This provision shall not apply to emergency work when it shall be proven to the satisfaction of the chief building inspector that such work was urgently necessary and that it was not practical to obtain a permit before the commencement of the work. In such cases, a permit must be obtained as soon as it is practical to do so. SECTION 3. Section 15-19 of the Grand Island City Code is hereby amended to read as follows: ~15-19. Reinspection; Fees A reinspection fee in accordance with the City of Grand Island Fee Schedule may be assessed for each inspection when such portion of work for which inspection is called is not complete or when required corrections have not been made. Approved as to Form " September 14, 1999 ... City Attorney I I I ORDINANCE NO. 8526 (Cont.) SECTION 4. Section 15-35 of the Grand Island City Code is hereby amended to read as follows: ~15-35. Registration Required No person shall engage in the business of electrical wiring in the City until such person is registered in the office of the building inspector as a contracting electrician. (A) Registration; Individual. No person shall be registered as a contracting electrician unless he or she is licensed as an electrical contractor or a master electrician and has the required insurance. All licenses shall be current and issued by the State of Nebraska. (B) Registration; Firm, Corporation. No firm, association, or corporation shall be registered as a contracting electrician unless the proper officers of the concern shall certify to the building inspector that an identified licensed contracting electrician or master electrician is an officer, member, or a regular employee of such concern and that such electrical contractor or master electrician will be in direct supervision of all the electrical wiring work contracted and done by such concern, and unless such concern has the required insurance. (C) Registration Certificate; Fee. The fee to be collected by the building inspector for the registration of contracting electricians shall be in accordance with the City of Grand Island Fee Schedule. (D) Registration Certificate. The building inspector shall issue a certificate of registration to any contracting electrician applying for such and qualifying under the provisions of this article, for a period beginning on the date thereof and expiring on December 31 of the same year. The holder of the certificate shall display same at his or her regular place of business. (E) Registration Certificate; Renewal. Renewal of a registration certificate may be obtained upon the showing of qualifications as provided for in this article and upon the payment of the proper fee. SECTION 5. Section 15-41 of the Grand Island City Code is hereby amended to read as follows: ~15-41. Registration; Required No person shall be engaged in the installation of any electrical wiring, fixtures, equipment, or devices for any purpose whatsoever in the City without having registered in the office of the Building Department. (A) Examination; Required. Any applicant for a license or registration certificate shall pass an examination before the Board of Examination, unless he or she is the holder of a valid State of Nebraska Electricians License. (B) Licenses; Expiration; Renewal. All journeyman electrician's and master electrician's licenses or certificates of registration issued by the electrical board shall expire on December 31 of the year in which such license or certificates are issued, but such licenses or certificates may be renewed within thirty days thereafter upon application and payment of fees in accordance with the City of Grand Island Fee Schedule. Notice of the expiration date of all licenses issued pursuant to this article shall be mailed to all such license holders not less than fifteen days before such date. Such notice shall be sent to the last known address of the license holder. Any master electrician or journeyman electrician who does not renew his or her license or certificate of registration pursuant to this article within the thirty day grace period provided by this section shall automatically forfeit such license or certificate. In the event of forfeiture of a license or certificate in this manner, the holder thereof may apply for and qualify to recover such lapsed license by applying to the electrical board for renewal. - 2 - Approved as to Form T September 14. 1999 ... City Attorney I I I ORDINANCE NO. 8526 (Cont.) SECTION 6. Section 15-51 of the Grand Island City Code is hereby amended to read as follows: ~15-51. Payment Conditions (1) All bills are due when received. (2) If full payment is not received prior to the printing of the statement for the next billing period, a late payment charge shall be assessed in accordance with the City of Grand Island Fee Schedule. . (3) A service charge shall be collected before reconnection, in each instance of disconnection for nonpayment of billing. If reconnection is demanded after business hours, an addition fee shall apply. The charges for reconnection shall be in accordance with the City of Grand Island Fee Schedule. (4) A service charge in accordance with the City of Grand Island Fee Schedule will be assessed for each check returned for insufficient funds. This charge is in addition to any other charges. (5) A service charge in accordance with the City of Grand Island Fee Schedule shall be collected, before all new connections are made by the City Utilities Department. (6) A service charge in accordance with the City of Grand Island Fee Schedule shall be collected, to transfer service from one occupant to another occupant at the same location. (7) Service periods are normally for periods of one year or longer. If it appears that services are being disconnected and reconnected within a twelve-month period, in order to avoid minimum billing charges; an amount equivalent to the minimum billings for the disconnected period (not to exceed eleven months) must be paid before the service is reconnected. This is in addition to the normal connection charges. SECTION 7. Article IX of Chapter 37, and Sections 37-58 and 37-59 which currently reads as follows is hereby repealed: Article IX. Electric Fees and Rates ~37-58. Registration Fee; Contracting Electrician The registration fee, as referenced in ~15-35(C) shall be as follows: New electrical contractor's license issued between January 1 and June 30............................$160.00 New electrical contractor's license issued between July 1 and December 31.........................$110.00 Renewals.................................................................................................................................. $60.00 ~37-59. Licenses; Expiration; Renewal The renewal fee for all journeyman electrician's and master electrician's licenses or certificates of registration, as referenced in ~ 15-41, shall be ten dollars per year for a master electrician and ten dollars per year for a journeyman electrician. SECTION 8. Sections 15-16, 15-18, 15-19, 15-35, 15-41, and 15-51 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. - 3 - Approved as to Form ., September 14, 1999 .... City Attorney I I I ORDINANCE NO. 8526 (Cont.) SECTION 9. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law, and on October 1, 1999. Enacted: September 13, 1999. Attest: &v1 " "~ \, ')\ 17" ,,,",,f""; c... ~ -'''{'-' ;'\";:~J:; th- ".." . 'Or:. 10 lElt I" \(\ ' . (/pee ,j\ . $. "Z~~. - 4- Approved as to Form T September 14, 1999 ... City Attorney I I I ORDINANCE NO. 8527 An ordinance to amend Chapter 18 of the Grand Island City Code; to amend Sections 18-4, 18-21, and 18-39 pertaining to fees; to repeal Sections 18-4, 18-21, and 18-39 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date ofthis ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 18-4 of the Grand Island City Code is hereby amended to read as follows: ~18-4. Filing Fee; Amount The City shall charge and collect a filing fee from natural gas companies for a rate filing. The fee shall be in accordance with the City of Grand Island Fee Schedule. SECTION 2. Section 18-21 of the Grand Island City Code is hereby amended to read as follows: ~18-21. Fees Fees in accordance with the City of Grand Island Fee Schedule shall be charged for registration and examination as follows: r: New master gas fitting contractor's license issued between January 1 and June 30 New master gas fitting contractor's license issued between July 1 and December 31 Renewal of master gas fitting contractor's license Master gas fitter's license registration card Journeyman gas fitter's registration card Master gas fitter's examination Journeyman gas fitter's examination SECTION 3. Section 18-39 of the Grand Island City Code is hereby amended to read as follows: ~18-39. Fees Upon the granting of a permit for gas fitting or appliance installation, the applicant shall pay a fee to the City in accordance with the City of Grand Island Fee Schedule. Approved as to Form T September 14, 1999 ... City Attorney I I I ORDINANCE NO. 8527 (Cont.) SECTION 4. Sections 18-4, 18-21, and 18-39 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 5. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law, and on October 1, 1999. Enacted: September 13, 1999. Attest: - 2 - Approved as to Form T September 14, 1999 .... City Attorney I I I ORDINANCE NO. 8528 An ordinance to amend Chapter 22 of the Grand Island City Code; to amend Section 22-13 5 pertaining to handicap parking fee; to repeal Section 22-13 5 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 22-135 of the Grand Island City Code is hereby amended to read as follows: ~22-135. Permit Fee; Renewal (I) All permits authorized under ~22-132 or ~22-133 for handicapped or disabled parking prior to September 10, 1993, shall be issued for a period ending January 1 of the fourth year following the date of issuance. All permits authorized under such sections for handicapped or disabled parking after September 9, 1993 and before September 10, 1995, shall be issued for a period of three years Upon the expiration of a permanent permit, it may be renewed pursuant to the provisions of this section and ~22-132 or ~22-133. After September 9, 1995, all permanently issued permits authorized by this Article, shall be issued for a period ending on September 30 of the third year following the date of issuance and shall expire on that date, except that an application for the renewal of a permit filed with the issuing city or village clerk or designated county official within thirty days of the date after its expiration shall be deemed to have been filed prior to the date of its expiration. (2) All permits authorized under this Article prior to September 10, 1995, for temporarily handicapped or disabled parking shall be issued for a period ending ninety days after the date of issuance but may be renewed for up to three additional ninety-day periods. All permits authorized under this Article after September 9, 1995, for temporarily handicapped or disabled parking shall be issued for a period ending not more than six months after the date of issuance but may be renewed for a one-time period not to exceed six months. For the renewal period, there shall be submitted an additional application with proof of a handicap or disability and the required permit fee. (3) A permit fee shall be charged in accordance with the City of Grand Island Fee Schedule, a portion of which shall be shall be forwarded on a quarterly basis to the Department of Motor Vehicles according to law. SECTION 2. Section 22-135 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: September 13, 1999. Approved as to Form T September 14,1999 ... City Attorney ORDINANCE NO. 8528 (Cont.) ~ Attest: I , - 2 - APproved as to Form T ~ september 14. 1999 A City Attorney -~ I I I ORDINANCE NO. 8529 An ordinance to amend Chapter 29 of the Grand Island City Code; to amend Sections 29-8, 29-11, 29-12, and 29-13 pertaining to user fees; to repeal Sections 29-8, 29-11, 29-12, and 29-13 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date ofthis ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 29-8 of the Grand Island City Code is hereby amended to read as follows: ~29-8. Fees (A) Except as otherwise provided by ~29-9, any person applying for an annual permit under the provisions of this chapter shall annually pay a permit fee in accordance with the City of Grand Island Fee Schedule SECTION 2. Section 29-11 of the Grand Island City Code is hereby amended to read as follows: ~29-11. Delinquent Permit Fee Renewal of the annual permits identified in this chapter shall be made prior to the expiration of the current permit. Permit fees for annual renewals shall be delinquent if the payment has not been received by the Grand Island-Hall County Health Department by May 15 for the permits identified in Section 29-5(A), and by October 15 for those permits identified in Section 29-5(B). Establishments shall be assessed a delinquent food permit fee in accordance with the City of Grand Island Fee Schedule if the permits are not paid by these dates. SECTION 3. Section 29-12 ofthe Grand Island City Code is hereby amended to read as follows: ~29-12. Penalty Fee A fee in accordance with the City of Grand Island Fee Schedule will be assessed for operating a food service establishment without a permit, and each day of operation shall be considered a separate offense. SECTION 4. Section 29-13 of the Grand Island City Code is hereby amended to read as follows: Approved as to Form T September 14, 1999 ... City Attorney I ORDINANCE NO. 8529 (Cont.) ~29-13. Reinstatement Fee Any person whose permit shall be temporarily suspended under any provision of this chapter shall pay a reinstatement fee in accordance with the City of Grand Island Fee Schedule before such permit is reinstated. Reinstatement shall not be effective until such reinstatement fee has been paid. SECTION 5. Sections 29-8, 29-11, 29-12, and 29-13 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 6. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law, and on October 1, 1999. Enacted: September 13, 1999. I Attest: I - 2 - Approved as to Form T September 14, 1999 ... City Attorney I I I ORDINANCE NO. 8530 An ordinance to amend Chapter 32 of the Grand Island City Code; to amend Sections 32-25, 32-27, 32-28, 32-43, 32-46, 32-52, 32-62, 32-67, 32-69, 32-72.8, and 32-82 pertaining to user fees; to repeal Sections 32-25, 32-27, 32-28, 32-43, 32-46, 32-52, 32-62, 32- 67, 32-69, 32-72.8, and 32-82 as now existing, and any ordinance or parts of ordinances III conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 32-25 of the Grand Island City Code is hereby amended to read as follows: ~32-25. Permit; Fee The party applying for a permit to make a pavement or sidewalk cut shall pay to the City at the time such permit is issued a fee in accordance with the City of Grand Island Fee Schedule, which amount shall be credited to the general fund of the City. No fee shall be charged for those performing services under contract for the City but a permit shall be required. If work is commenced prior to application for the permit, an investigation fee in addition to the permit fee in the same amount as the permit fee shall be assessed. Each permit shall expire six months from date of issuance. SECTION 2. Section 32-27 of the Grand Island City Code is hereby amended to read as follows: ~32-27. Charges for Pavement Cuts The City will, after the person or corporation receives the permit, do pavement cuts at the charges set out in the City of Grand Island Fee Schedule, except in the case of public utility corporations or city-owned utility departments The money collected for the above charges shall be credited to the Street, Alley & Paving Fund. In lieu of the City performing any of the above services, a permittee may perform such work on City right- of-way abutting permittee's property only, or may employ an independent contractor, as approved by the public works director. Such permittee shall not commence work until providing City proof of insurance coverage with limits not less than hereinafter set out, namely: (A) Worker's Compensation Insurance in compliance with the laws of the State of Nebraska, and Employees Liability Insurance. (B) Public Liability and Property Damage Insurance covering with limits as follows: (i) Where work is to be performed in Light Business (Bl) Zone, General Business (B2) Zone, Heavy Business (B3) Zone, Light Manufacturing (Ml) Zone, Heavy Manufacturing (M2) Zone, Commercial Development (CD) Zone, or Industrial Development (ID) Zone, with limits of not less than $25,000 for each person; $50,000 for more than one person for each occurrence for bodily injury and death; and property damage limits of not less than $10,000; and Approved as to Form T September 14. 1999 ... City Attorney I I I ORDINANCE NO. 8530 (Cont.) (ii) Where work is to be performed in Transitional Agriculture (TA) Zone, Suburban Residential (Rl) Zone, Low Density Residential (R2) Zone, Medium Density Residential (R3) Zone, High Density Residential (R4) Zone, Residential-Office (RO) Zone, or Residential Development (RD) Zone, with limits of not less than $5,000 each person; $10,000 for more than one person for each occurrence for bodily injury and death; and property damage limits of not less than $5,000; and, in any instance, in such additional amounts as specified and required by the public works director when authorizing the work. (C) Automobile liability insurance with limits of $10,000 each person, and $20,000 each accident for bodily injury or death; and $5,000 each accident for property damage, or such additional amounts as specified by the public works director when authorizing the work. SECTION 3. Section 32-28 ofthe Grand Island City Code is hereby amended to read as follows: ~32-28. Call-Out Charge In addition to the charges for pavement cuts, each person or corporation receiving a permit as required by g32-22 and requiring City personnel for performance of the work required thereunder, shall pay a fee in accordance with the City of Grand Island Fee Schedule for concrete sawing and for concrete milling. The aforesaid fee shall be credited to the Street, Alley & Paving Fund. SECTION 4. Section 32-43 of the Grand Island City Code is hereby amended to read as follows: ~32-43. Prerequisites to Engaging in Business No person shall engage in any business as described by ~32-46 without first making application to the mayor and council for permission to use the streets of the City for such purpose and without first paying the occupation tax provided for in the City of Grand Island Fee Schedule. SECTION 5. Section 32-46 of the Grand Island City Code is hereby amended to read as follows: ~32-46. Occupation Tax There is hereby levied upon every person engaged in the business of traveling about the City from street to street selling ice cream, candy, popcorn, or confections, an annual occupation tax in accordance with the City of Grand Island Fee Schedule, payable in advance, which tax shall become due and payable on May 1 and shall expire on April 30 of each year. SECTION 6. Section 52 of the Grand Island City Code is hereby amended to read as follows: - 2 - Approved as to Form .., September 14, 1999 ... City Attorney I I I ORDINANCE NO. 8530 (Cont.) ~32-52. Prerequisites Generally Any person who intends or desires to alter, break, construct, reconstruct, or remove any curb, gutter, public sidewalk, or hardsurfaced driveway, or any combination of them within the area of any street right-of-way lying within the limits of the City, or within its zoning jurisdiction, shall notify the public works director of such intent or desire and obtain a permit therefor. No construction or reconstruction work in connection therewith shall be started until the public works director has provided the necessary stakes for alignment and grade line and has furnished specifications for such work. A permit fee in accordance with the City of Grand Island Fee Schedule shall be charged for each permit, and each permit shall expire six months from date of issuance. SECTION 7. Section 32-62 of the Grand Island City Code is hereby amended to read as follows: ~32-62. Cost of Supervision and Inspection The party desiring to construct a well pursuant to this article shall pay to the City an amount in accordance with the City of Grand Island Fee Schedule for the cost of supervision and inspection, which sum shall be deposited to the credit of the public works department. SECTION 8. Section 32-67 of the Grand Island City Code is hereby amended to read as follows: ~32-67. Occupation Tax Any person constructing a well pursuant to this article shall pay annually to the City an occupation tax for the use of the area beneath the public sidewalk in an amount and at a time as provided by the City Council. SECTION 9. Section 32-69 of the Grand Island City Code is hereby amended to read as follows: ~32-69. General No person shall use or occupy any portion of any street, alley, sidewalk space, or other area of public right- of-way within the City without the express permission of the City of Grand Island, and having in force and effect a license agreement therefor. Any person filing an application for a license agreement to occupy or utilize any street, alley, easement, or other real estate owned by or under the control of the City of Grand Island, at the time of filing of an application for a license agreement with the city clerk, shall pay to the city treasurer a processing fee in accordance with the City of Grand Island Fee Schedule, which shall not be refundable. The procedure for review of an application for a license agreement shall be as follows: (A) Applications for a license agreement involving only concrete or asphaltic paving shall be reviewed and may be approved by the Department of Public Works and Utilities Department. (B) Applications for a license agreement involving only sanitary sewer service lines shall be reviewed and may be approved by the Department of Public Works and Utilities Department. (C) Applications for a license agreement involving a canopy or awning attached to a building located within the following described business district shall be reviewed and may be approved by the Department of Public Works,Utilities Department, and Building Department: Beginning at a point of beginning, being the intersection of the centerline of Clark Street and the centerline of the alley located one-half block North of Fourth Street; thence northeasterly along the centerline of said alley to the West right-of-way line of Cherry Street, now vacated; thence - 3 - Approved as to Form T September 14, 1999 ... City Attorney I I I ORDINANCE NO. 8530 (Cont.) southwesterly along said right-of-way line extended to the centerline of the alley located one- half block South of First Street; thence southwesterly along the centerline of said alley to the centerline of Sycamore Street; thence southerly along the centerline of Sycamore Street to a point located on the easterly extension of the South lot line of Lot 3 of Westervelt Subdivision; thence westerly along said lot line and extension to the centerline of Pine Street; thence southerly along the centerline of Pine Street to the centerline of Koenig Street; thence westerly and southwesterly along the centerline of Koenig Street to the centerline of Cedar Street; thence northwesterly along the centerline of Cedar Street to the centerline of the alley one-half block South of First Street; thence southwesterly along the centerline of said alley to the centerline of Clark Street; thence northwesterly along the centerline of Clark Street to the point of beginning. (D) In the event an application submitted under (A), (B), or (C) above is disapproved in whole or in part, the applicant may within fifteen (15) days of the date of the decision, request that the application be reviewed by the City Council in the same manner as other applications for a license agreement. All applications for a license agreement involving improvements other than those listed in (A), (B), or (C) above shall be reviewed and approved by the City Council. SECTION 10. Section 32-72.8 of the Grand Island City Code is hereby amended to read as follows: ~32-72.8. Permit - Issuance, Fee, and Insurance (1) Permits for obstructions of streets, sidewalks, and alleys shall be issued by the director of public works. The fee for a permit shall be in accordance with the City of Grand Island Fee Schedule, and shall be paid when the permit is obtained. If work is commenced prior to application for the permit, an investigation fee in addition to the permit fee in the same amount as the permit fee shall be assessed. Each permit shall expire six months from date of Issuance. (2) No permit shall be issued until the applicant therefore shall have executed and delivered to the director of public works, proof of insurance to be approved by the city attorney and filed with the city clerk, as follows: (a) Worker's Compensation Insurance in compliance with the laws of the State of Nebraska, and Employees Liability Insurance. (b) Public Liability and Property Damage Insurance covering with limits as follows: (i) Where work is to be performed in Light Business (Bl) Zone, General Business (B2) Zone, Heavy Business (B3) Zone, Light Manufacturing (Ml) Zone, Heavy Manufacturing (M2) Zone, Commercial Development (CD) Zone, or Industrial Development (ID) Zone, with limits of not less than $25,000 for each person; $50,000 for more than one person for each occurrence for bodily injury and death; and property damage limits of not less than $10,000; and (ii) Where work is to be performed in Transitional Agriculture (TA) Zone, Suburban Residential (Rl) Zone, Low Density Residential (R2) Zone, Medium Density Residential (R3) Zone, High Density Residential (R4) Zone, Residential-Office (RO) Zone, or Residential Development (RD) Zone, with limits of not less than $5,000 each person; $10,000 for more than one person for each occurrence for bodily injury and death; and property damage limits of not less than $5,000; and, in any instance, in such additional amounts as specified and required by the public works director when authorizing the work. (c) Automobile liability insurance with limits of $10,000 each person, and $20,000 each accident for bodily injury or death; and $5,000 each accident for property damage, or such additional amounts as specified by the public works director when authorizing the work. SECTION 11. Section 32-82 of the Grand Island City Code is hereby amended to read as follows: - 4- Approved as to Form T September 14, 1999 .;. City Attorney I I I ORDINANCE NO. 8530 (Cont.) ~32-82. License; Fee; Term; Transferability A license shall be issued to a successful applicant hereunder after payment to the city treasurer of an annual license fee in accordance with the City of Grand Island Fee Schedule. All licenses shall expire on September 30 following date of issuance thereof, unless sooner revoked; and no license shall be assignable or transferable either as to permittee or equipment. SECTION 12. Sections 32-25, 32-27, 32-28, 32-43, 32-46, 32-52, 32-62, 32-67, 32-69, 32-72.8, and 32-82 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law, and on October 1, 1999. Enacted: September 13, 1999. Ken~ Attest: - 5 - Approved as to Form " September 14, 1999 ... City Attorney I I I ORDINANCE NO. 8531 An ordinance to amend Chapter 35 of the Grand Island City Code; to amend Sections 35-32 and 35-65 pertaining to user fees; to repeal Sections 35-32 and 35-65 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 35-32 of the Grand Island City Code is hereby amended to read as follows: ~35-32. Sprinkler Systems Owners of all private fire sprinkler systems connected to City water mains shall pay the City an annual fee in accordance with the City of Grand Island Fee Schedule for such connection. SECTION 2. Section 35-65 of the Grand Island City Code is hereby amended to read as follows: ~35-65. Well Registration (A) All wells for which drilling has commenced or existing within the Groundwater Control Area as of the effective date of this Article shall be registered with the Building Inspection Department by the person owning the real estate on which the well is located. There shall be no fee for registering an existing well. (B) After the effective date of this Article, no person shall drill or install a well within the Groundwater Control Area prior to applying for and obtaining a well permit from the Building Inspection Department. There shall be a nonrefundable fee in accordance with the City of Grand Island Fee Schedule paid to the Building Inspection Department contemporaneously with making an application for a well permit. SECTION 3. Sections 35-32 and 35-65 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Approved as to Form T September 14, 1999 '" City Attorney I I I Attest: ORDINANCE NO. 8531 (Cont.) Enacted: September 13, 1999. c~~~t~wn - 2 - Approved as to Form T September 14,1999 ... 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G:> (/) 0') ("l (1) (/) I * This Space Reserved for Register of Deeds * ORDINANCE NO. 8532 <:'.:7 ~ An ordinance to vacate an existing twelve (12) foot wide utility easement located in that part of Lot A, Holcomb's Highway Homes Addition to the City of Grand Island, located in the Northeast Quarter of the Northeast Quarter (NEl/4, NEl/4) of Section Twenty Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska; to provide for filing this ordinance in the office of the Register of Deeds of Hall County; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the existing twelve (12.0) foot wide utility easement located in that part of Lot A, Holcomb's Highway Homes Addition to the City of Grand Island, located in the Northeast Quarter of the Northeast Quarter (NE~ NE~) of Section Twenty Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska, and more particularly described as follows: Approved as to Form T ~ September 9, 1999 .... City Attorney I I .II ~,. .. 111856 ORDINANCE NO. 8532 (Cont.) Referring to the northeast corner of said section; thence southerly on the east of said section, S 00044'43" E, 188.97 feet; thence westerly S 89015'17" W, 36.47 feet; thence southerly S 02012'00" E, 56.01 feet; to the Point of Beginning of the center line of the described easement to be vacated; thence southwesterly S 89055'28" W, 198.25 feet to the point oftermination; be, and hereby is, vacated. SECTION 2. This ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: September 13, 1999. Attest: ~~~v:; ~t1' /.- . .": .,.- i . - ' ~ ~.~ -. ". ' "'-- Ken Gn t, Mayor ) ,.. (1 VJf""\A I / 1,-:)(, I V . Y Clerk - 2 - Approved as to Form T car September 9, 1999 .. City Attorney I I I ORDINANCE NO. 8481 An ordinance to amend the Commercial Development Zone platted Final Development Plan for a tract of land comprised of Lots Three (3), Eleven (11), Twelve (12), and Sixteen (16) of Grand Island Mall Eighth Subdivision, and Lot One (1), Replat of Lot One (1), Grand Island Mall Ninth Subdivision, all in the City of Grand Island, Hall County, Nebraska; directing that such amendment be shown on the Official Zoning Map of the City of Grand Island; amending the Official Zoning Map provided by Section 36-7; and to provide for publication and the effective date of this ordinance. WHEREAS, the Regional Planning Commission on April 5, 2000, held a public hearing and made a recommendation approving the proposed amendment to Final Development Plan for a tract of land comprised of Lots Three (3), Eleven (11), Twelve (12), and Sixteen (16) of Grand Island Mall Eighth Subdivision, and Lot One (1), Replat of Lot One (1), Grand Island Mall Ninth Subdivision, all in the City of Grand Island, Hall County, Nebraska; and WHEREAS, notice as required by Neb. Rev. Stat. S19-923, R.R.S. 1943, has been given to the Board of Education of School District No.2 in Hall County, Nebraska; and WHEREAS, after public hearing on April 10, 2000, the City Council found that the amendment will continue the future successful functioning of the commercial redevelopment of the subdivision, and determined that the amendment should be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The existing platted Final Development Plan for the CD- Commercial Development Zone comprised of Lots Three (3), Eleven (11), Twelve (12), and Sixteen (16) of Grand Island Mall Eighth Subdivision, and Lot One (1), Replat of Lot One (1), Approved as to Form T ~ April 1 0, 2000 ... City Attorney I I I ORDINANCE NO. 8481 (Cont.) Grand Island Mall Ninth Subdivision, all in the City of Grand Island, Hall County, Nebraska be amended to reduce the existing 22,400 square foot proposed addition to a 16,740 square foot building, and add an additional 5,000 square foot building, and combine the aforementioned lots into one lot as shown on the Grand Island Mall Twelfth Subdivision final development plan. SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska as established by Section 36-7 of the Grand Island City Code be, and the same hereby is, ordered to be changed, amended and completed in accordance with this ordinance. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: April 10, 2000. Ken Gnadt, Mayor Attest: This Ordinance was adopted by City Council on the first reading only on April 10~ 2000. Cindy K. Johnson, City Clerk - 2 - "'C"'~- Approved as to Form . ~ April 1 0, 2000 '" City Attorney I I I ORDINANCE NO. 8481 An ordinance to amend the Commercial Development Zone platted Final Development Plan for a tract ofland comprised of Lots Three (3), Eleven (11), Twelve (12), and Sixteen (16) of Grand Island Mall Eighth Subdivision, and Lot One (1), Replat of Lot One (1), Grand Island Mall Ninth Subdivision, all in the City of Grand Island, Hall County, Nebraska; directing that such amendment be shown on the Official Zoning Map of the City of Grand Island; amending the Official Zoning Map provided by Section 36-7; and to provide for publication and the effective date of this ordinance. WHEREAS, the Regional Planning Commission on April 5, 2000, held a public hearing and made a recommendation approving the proposed amendment to Final Development Plan for a tract ofland comprised of Lots Three (3), Eleven (11), Twelve (12), and Sixteen (16) of Grand Island Mall Eighth Subdivision, and Lot One (1), Replat of Lot One (1), Grand Island Mall Ninth Subdivision, all in the City of Grand Island, Hall County, Nebraska; and WHEREAS, notice as required by Neb. Rev. Stat. 919-923, R.R.S. 1943, has been given to the Board of Education of School District No.2 in Hall County, Nebraska; and WHEREAS, after public hearing on April 10, 2000, the City Council found that the amendment will continue the future successful functioning of the commercial redevelopment ofthe subdivision, and determined that the amendment should be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The existing platted Final Development Plan for the CD- Commercial Development Zone comprised of Lots Three (3), Eleven (11), Twelve (12), and Sixteen (16) of Grand Island Mall Eighth Subdivision, and Lot One (1), Replat of Lot One (1), Approved as to Form l' ~ April 21, 2000 ... City ttorney I I I ORDINANCE NO. 8481 (Cont.) Grand Island Mall Ninth Subdivision, all in the City of Grand Island, Hall County, Nebraska be amended to reduce the existing 22,400 square foot proposed addition to a 16,740 square foot building, and add an additional 5,000 square foot building, and combine the aforementioned lots into one lot as shown on the Grand Island Mall Twelfth Subdivision final development plan. SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska as established by Section 36-7 of the Grand Island City Code be, and the same hereby is, ordered to be changed, amended and completed in accordance with this ordinance. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: April 25, 2000. ~~~ Ke nadt, Mayor Attest: ~ i r L --'V1, liA'~ov~. - 2 - Approved as to Form T ~.. April 21, 2000 '" City Attorney I I I ORDINANCE NO. 8483 An ordinance to amend Chapter 13 of the Grand Island City Code; to authorize the Downtown Improvement Board to promulgate and adopt Public Right-of-Way Usage Regulations in Business Improvement District No.2; to add Article VI and Section 13-50 pertaining to such regulations; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date ofthis ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Chapter 13 of the Grand Island City Code is hereby amended to add Article VI and Section 13-50 to read as follows: Article VI. Right-of-Way Usage Regulations ~13-50. Sidewalk Usage; Regulations All sidewalk displays, sandwich board signs, vending carts, and sidewalk cafes located within or directly abutting Business Improvement District No.2 shall comply with Public Right-of-Way Usage Regulations to be promulgated and adopted by the Downtown Business Improvement Board and approved by the Mayor and City Council. Copies of the Public Right-of-Way Usage Regulations shall be on file with the City Clerk, Downtown Development Director, and shall be available for public inspection. SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Approved as to Form T /" d): April 21, 2000 ... cii;Xt~y I I I ORDINANCE NO. 8483 (Cont.) Enacted: Apri125, 2000. Attest: ~ Ken Gna - 2 - Approved as to Form ... ~ April 21, 2000 A City Attorney I * This Space Reserved for Register of Deeds * I I ORDINANCE NO. 8484 An ordinance to assess and levy a special tax to pay the cost of construction of Water Main District No. 429 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land specifically benefited, for the purpose of paying the cost of construction of said water main in said Water Main District 429, 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 Bosselman Tank & Trailer, Inc. City of Grand Island Utilities Description Lot One (1), Platte Valley Industrial Park Subdivision Lot Two (2), R.J. Olson Subdivision $38,080.70 5,184.39 Assessment Approved as to Form T ~ April 21, 2000 ... Y ttorney I I I Department Bosselman Tank & Trailer, Inc. Nebraska Truck Center, Inc. Nebraska Truck Center, Inc. Father Flannagan's Boys Home City of Grand Island Utilities Department (Tract A -1) City of Grand Island Utilities Department (Tract A-2) ORDINANCE NO. 8484 (Cont.) Lot One (1), Platte Valley Industrial Park 2nd Subdivision Lot Two (2), Platte Valley Industrial Park 2nd Subdivision Lot Three (3), Platte Valley Industrial Park 2nd Subdivision Lot One (1), Brennan Subdivision A tract of land located in part of the Southwest Quarter of the Southwest Quarter (SW 1/4, SW 1/4) of Section Five (5), Township Ten (10) North, Range Nine (9) West of the 6th PM, Grand Island, Hall County, Nebraska, being more particularly described as follows: Commencing at the southwest corner of the southwest quarter of the southwest quarter (SW 1/4, SW 1/4) of said Section Five (5); thence S88053'54"E (assumed bearing) on the southerly line of the southwest quarter of the southwest quarter (SW 1/4, SW 1/4) of said Section Five (5) a distance of six hundred sixty-nine and ninety-seven hundredths (669.97) feet to the easterly right-of-way line of Juergen Road being the Actual Point Of Beginning; thence NOlo05'50"E along the easterly right-of-way line of said Juergen Road a distance of forty (40.0) feet; thence continuing along the easterly right-of-way line of said Juergen Road, N43034'02"W a distance of fifty-six and fifty- seven hundredths (56.57) feet; thence continuing along the easterly right-of-way line of said Juergen Road, NOl 005'50"E, a distance of one hundred five (105.0) feet; thence continuing along the easterly right-of-way line of said Juergen Road, northwesterly on a curve to the left, with a radius of three hundred thirty (330.0) feet and a delta angle of45001'10", an arc distance of two hundred fifty-nine and eighteen hundredths (259.18) feet; continuing along the easterly right-of-way line of said Juergen Road, N43053'22"W a distance of sixty-six and four tenths (66.4) feet; thence southeasterly parallel to the southerly line of Lot Three (3) Platte Valley Industrial Park Second Subdivision in the City of Grand Island, Hall County, Nebraska; S88032'48"E a distance of eight hundred twenty and eight tenths (820.8) feet; thence SOooI5'51"W, a distance of four hundred sixty-seven and sixty-three hundredths (467.63) feet to a point on the southerly line of the southwest quarter of the southwest quarter (SW 1/4, SW 1/4) of said Section Five (5); thence westerly along the southerly line of the southwest quarter of the southwest quarter (SW 1/4, SW 1/4) of said Section Five (5), N88053'54"W a distance of six hundred forty-three and fifty eight hundredths (643.58) feet to the said Point Of Beginning. The above described tract of land containing 7.47 acres more or less. A tract of land located in part of the Southwest Quarter of the Southwest Quarter (SW 1/4, SW 1/4) of Section Five (5), Township Ten (10) North, Range Nine (9) West of the 6th PM, Grand Island, Hall County, Nebraska, being more 68,247.59 20,525.17 36,119.60 28,542.88 34,553.28 40,671.91 -2- Approved as to Form ... /' a.:;. April 21, 2000 .. ~t~: I I I I ORDINANCE NO. 8484 (Cant.) particularly described as follows: Beginning at the southwest comer of Lot Three (3) Platte Valley Industrial Park Second Subdivision in the City of Grand Island, Hall County, Nebraska; thence S88032'48"E (assumed bearing) along the southerly line of said Lot Three (3), a distance of one thousand one hundred thirty-six and ninety hundredths (1,136.90) feet to the southeast comer of said Lot Three (3); thence SOool5'5l"W, a distance of four hundred thirty (430.0) feet; thence northwesterly parallel to the southerly line of said Lot Three (3), N88032'48"W a distance of eight hundred twenty and eight tenths (820.8) feet to a point on the easterly right-of-way line of Juergen Road; thence northwesterly along the easterly right-of-way line of said Juergen Road, N43053 '22"W a distance of three hundred forty-three and eight tenths (343.8) feet; thence continuing along the easterly right-of-way line of said Juergen Road, northerly on a curve to the right, with a radius of two hundred seventy (270.0) feet and a delta angle of 44033'32" an arc distance of two hundred nine and ninety- eight hundredths (209.98) feet, to the southwest comer of said Lot Three (3) being the said Point Of Beginning. The above described tract of land containing 10.025 acres more or less. TOTAL $271,925.52 SECTION 2. For the tract of land identified above, owned by Father Flanagan's Boys Home, 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. SECTION 3. For the remaining lots, tracts or parcels of land identified above, the special tax shall become delinquent as follows: One-tenth of the total amount shall become delinquent in fifty days; 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; and one-tenth in nine years, respectively after the date of such levy. - 3 - Approved as to Form T /" .J!1. April 21. 2000 .. trrY Att;;';ney I I I ORDINANCE NO. 8484 (Cont.) SECTION 4. The entire amount so assessed and levied against any lot, tract or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of seven percent (7%) per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of fourteen (14%) per annum shall be paid thereof, until the same is collected and paid. SECTION 5. The treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 6. Such special assessments shall be paid into a fund to be designated as the "Sewer and Water Extension Fund" for Water Main District No. 429. SECTION 7. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 8. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: Apri125, 2000. Attest: &n Cindy K. J - 4- Approved as to Form .., r 112. April 21, 2000 A diyAtlor:y I I * This Space Reserved for Register of Deeds * ORDINANCE NO. 8485 An ordinance to vacate a sixteen (16.0) foot wide easement in a part of Lots Five (5) and Six (6), Sussex Place Subdivision in the City of Grand Island, Hall County, Nebraska; to provide for filing this ordinance in the office of the Register of Deeds of Hall County; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the sixteen (16.0) foot wide easement in a part of Lots Five (5) and Six (6), Sussex Place Subdivision in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: The south One Hundred (100.0) feet of an easement lying Eight (8.0) feet either side of a line being One Hundred Fifty Five (155.0) feet east of and parallel to the west line of Lot Five (5), Sussex Place Subdivision; and the southerly One Hundred Twenty (120.0) feet of a Sixteen (16.0) foot wide easement lying Eight (8.0) feet either side of the lot line being common to Lots Five (5) and Six (6), Approved as to Form T ~ April 21, 2000 ... City Attorney I I ORDINANCE NO. 8485 (Cont.) Sussex Place Subdivision, as shown on the drawing attached hereto as Exhibit "A" and incorporated herein by this reference; is hereby vacated. SECTION 2. The title to the property vacated by Section I of this ordinance shall revert to the owner or owners of the real estate abutting the same in proportion to the respective ownership of such real estate. SECTION 3. This ordinance is directed to be filed in the office of the Register of Deeds ofRall County, Nebraska. SECTION 5. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: April 25, 2000. Ke Attest: ~~~M}v Cindy K. J so, . Clerk - 2 - Approved as to Form T ~-- April 21, 2000 ~ City A orney ;..' ., J - I j ~\ I :\? ~/.r';; 55~y,. S0 382' --'- J MACRON Sr: 382' .<E) , " . 230' -~ 250' GOI 8 I'> (;:) ~ ct: o I") n J 3(:/ ' I t=1+'5cM~AIT To.BE: . . RcrAI/JED 1 ~ '1 - :} ;?:: ~ ~ ~ ~ 1 6 I<'l G 1 I sue. 7 ____7)" dL -=.....: ';: , _ .. r-:- / rl' "', / /. .- . .t."--=...- ~ ~. NEW 16' EASEMENT 1'::.' !,;!;l~.~l EXISTING EASEMENTS [~~ . 00/90 'J 'ON XtJ ~ o U) EXHIBIT 1/ A II CITY OF GUANO ISLAND UTILITIES DFI'AilTMENT T.W. E3MiIJ:::S 'iJ/",J0I7.'! SC;\l.E: 11/=100' .....__._ _.____.___J_, \.IIi Lv:Ol 3IU OO-LO-lMl I I I ORDINANCE NO. 8488 An ordinance to directing and authorizing the conveyance of property to B, B & G, Investments, L.LC., a Limited Liability Company; providing for the giving of notice of such conveyance and the terms thereof; providing for the right to file a remonstrance against such conveyance; providing for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The conveyance to B, B & G INVESTMENTS, L.L.C., a Limited Liability Company, of a tract of land located in part of the Southwest Quarter of the Southwest Quarter (SW Yt SW Yt) Section Five (5), Township Ten (10) North, Range Nine (9) West of the 6th P.M., Grand Island, Hall County, Nebraska, being more particularly described as follows: Beginning at the southwest comer of Lot Three (3) Platte Valley Industrial Park Second Subdivision in the City of Grand Island, Hall County, Nebraska; thence S88032'48"E (assumed bearing) along the southerly line of said Lot Three (3), a distance of one thousand one hundred thirty-six and ninety hundredths (1,136.90) feet to the southeast comer of said Lot Three (3); thence SOoo15'51"W, a distance of four hundred thirty (430.0) feet; thence northwesterly parallel to the southerly line of said Lot Three (3), N88032' 48"W a distance of eight hundred twenty and eight tenths (820.8) feet to a point on the easterly right-of-way line of Juergen Road; thence northwesterly along the easterly right-of-way line of said Juergen Road, N43053'22"W a distance of three hundred forty-three and eight tenths (343.8) feet; thence continuing along the easterly right-of-way line of said Juergen Road, northerly on a curve to the right, with a radius of two hundred seventy (270.0) feet and a delta angle of 44033'32" an arc distance of two hundred nine and ninety-eight hundredths (209.98) feet, to the southwest comer of said Lot Three (3) being the said Point Of Beginning. The above described tract of land containing 10.025 acres more or less. SECTION 2. The consideration for such conveyance shall be Three Thousand Nine Hundred Fifty Six Dollars and Twenty Five Centers ($3,956.25) per acre. Conveyance of Approved as to Form T ~ April 21, 2000 ... CitYAttorney I I I ORDINANCE NO. 8488 (Cont.) the real estate above described shall be by warranty deed, upon payment of the consideration pursuant to the terms and conditions of an Agreement for Warranty Deed between the parties. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and publish said notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by registered voters of the City of Grand Island equal in number to thirty percent of the registered voters of the City of Grand Island voting at the last regular municipal election held in such City be filed with the City Council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make, execute and deliver to B, B & G INVESTMENTS, L.L.C., a Limited Liability Company, a warranty deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. - 2 - Approved as to Form " ~ April 21, 2000 ... City Attorney I I I ORDINANCE NO. 8488 (Cant.) Enacted: Apri125, 2000. ~. '.&t. ...fj Ken G Qt, ~ayor Attest: - 3 - Approved as to Form " April 21. 2000 '" City Attorney I ORDINANCE NO. 8533 An ordinance to amend Ordinance No. 8445 known as the Salary Ordinance which lists the currently occupied classifications of officers and employees of the City of Grand Island, Nebraska and establishes the ranges of compensation of such officers and employees; to make cost of living adjustments to the salary ranges; to add the classification of Senior Telecommunicator/EMD; to add classifications for employees of the Heritage Zoo; to adjust the salary range for the Parks and Recreation Director; to adjust the salary range for the Assistant Finance Director; to allow compensation to employees covered by the AFSCME bargaining agreement for unused sick leave; to change the job title of the Youth Services Coordinator to the Family Preservation Grant Coordinator; to change the job title of the Senior Maintenance Mechanic to the Equipment Mechanic Supervisor; to repeal Ordinance No. 8445, any ordinance I or parts of ordinances in conflict herewith; to provide for severahility; to provide for the effective date thereof; and to provide for publication ofthis ordinance in pamphlet form. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The currently occupied classifications of officers and general employees of the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain officers and general employees shall work prior to overtime eligibility are as follows: I Accountant Accounting Manager Accounting Technician - Solid Waste 1108.80/1559.20 1356.80/1909.60 865.60/1219.20 Overtime Eligibility Exempt Exempt 40 hrs/week Classification Bi- Weekly Pay Range MinIMax Approved as to Form T ~ September 24, 1999 .... City ttorney ORDINANCE NO. 8533 (Cant.) I Classification Bi- Weekly Pay Range Overtime MinIMax Eligibility Accounting Technician - Streets 865.60/1219.20 40 hrs/week Accounting Technician - WWTP 865.60/1219.20 40 hrs/week Administrative Assistant - Finance 957.60/1347.20 40 hrs/week Administrative Assistant - Public Works 957.60/1347.20 40 hrs/week Administrative Assistant - Utilities 957.60/1347.20 40 hrs/week Assistant Finance Director 1652.00/2324.80 Exempt Assistant Public Works Director 1536.00/2162.40 Exempt Assistant Utility Director 1970.40/2772.80 Exempt Attorney 1528.80/2151.20 Exempt Audio-Visual Technician 983.20/1383.20 40 hrs/week Biosolids Technician 844.00/1187.20 40 hrs/week Building Clerk 684.00/963.20 40 hrs/week Building Secretary 775.20/1090.40 40 hrs/week Building Inspections Director 1599.20/2251.20 Exempt I Building Inspector 1060.00/1492.80 40 hrs/week Cemetery Superintendent 1104.00/ 1552.80 Exempt City Administrator 2618.40/3684.00 Exempt City Attorney 2008.00/2825.60 Exempt Civil Engineer - Utilities 1528.80/2151.20 Exempt Civil Engineer I 1118.40/1573.60 Exempt Civil Engineer II 1324.00/1864.00 Exempt Code Compliance Officer 902.40/ 1269.60 40 hrs/week Collection System Supervisor 1040.80/1464.00 40 hrs/week Communications Supervisor 914.40/1286.40 Exempt Community Development Director 1477.60/2079.20 Exempt Community Development Technician* 775.20/1120.80 40 hrs/week Custodian 647.20/910.40 40 hrs/week Data Processing Manager 1528.80/2151.20 Exempt Data Processing Supervisor 1108.80/1559.20 Exempt I Deputy Fire Chief 1520.80/2140.00 Exempt Deputy Police Chief 1589.60/2236.80 Exempt Downtown Development Director 1477.60/2079.20 Exempt - 2 - I Approved as to Form T CtiJl:; September 24, 1999 '" City Attorney ORDINANCE NO. 8533 (Cant.) I Classification Bi- Weekly Pay Range Overtime Min/Max Eligibility Downtown Development Secretary 775.20/1090.40 40 hrs/week Electric Distribution Superintendent 1757.60/2472.80 Exempt Electric Distribution Supervisor 1485.60/2092.00 40 hrs/week Electric Underground & Substation Superintendent 1565.60/2203.20 Exempt Electrical Engineer I 1283.20/ 1804.00 Exempt Electrical Engineer II 1485.60/2092.00 Exempt Electrical Inspector 1060.00/1492.80 40 hrs/week Emergency Management Coordinator 836.80/ 1176.40 40 hrs/week Emergency Management Director 1599.20/2251.20 Exempt Engineering Technician Supervisor 1231.20/ 1732.80 Exempt Equipment Operator 794.40/1118.40 40 hrs/week Executive Assistant - Administration 957.60/ 1347.20 40 hrs/week Finance Secretary 775.20/1090.40 40 hrs/week Finance Director 2008.00/2825.60 Exempt I Fire Chief 1808.00/2544.00 Exempt Fire Marshal 1424.00/2003.20 Exempt Fire Training Officer 1424.00/2003.20 Exempt Garage Superintendent 1170.40/ 1647.20 Exempt Golf Course Superintendent* 1204.80/ 1845.69 Exempt Grounds Management Crew Chief 937.60/1320.80 40 hrs/week Legal Assistant 1024.80/ 1442.40 40 hrs/week Legal Secretary 832.00/ 1170.40 40 hrs/week Librarian 988.00/1391.20 Exempt Library Assistant 682.40/960.00 40 hrs/week Library Clerk 544.80/766.40 40 hrs/week Library Director 1560.00/2196.80 Exempt Library Page* 422.40/ 654.92 40 hrs/week Library Secretary 775.20/1090.40 40 hrs/week Maintenance Mechanic I 806.40 / 1134.40 40 hrs/week I Maintenance Mechanic II 904.80/ 1272.80 40 hrs/week Maintenance Worker I 732.80/1032.00 40 hrs/week Maintenance Worker II 771.20/ 1086.40 40 hrs/week - 3 - Approved as to Form ... Cfi15 September 24, 1999 ... City Attorney ORDINANCE NO. 8533 (Cant.) I Classification Bi-Weeldy Pay Range Overtime MinIMax Eligibility Meter Reading Supervisor 956.00/ 1345.60 Exempt Office Manager - Police Department 970.40/ 1365.60 40 hrs/week Paramedic Supervisor 1424.00/2003.20 Exempt Parking Monitor 435.20/613.60 40 hrs/week Parks and Recreation Director 1763.20/2482.40 Exempt Parks and Recreation Secretary 775.20/1090.40 40 hrs/week Parks Maintenance Superintendent 1170.40/1647.20 Exempt Payroll Specialist 886.40/ 1246.40 40 hrs/week Personnel Director 1599.20/2251.20 Exempt Personnel Specialist 886.40/ 1246.40 40 hrs/week Plumbing Inspector 1060.00/1492.80 40 hrs/week Police Chief 1848.00/2600.00 Exempt Police Records Clerk 703.20/988.80 40 hrs/week Power Plant Maintenance Supervisor 1391.20/1958.40 Exempt I Power Plant Operations Supervisor 1462.40/2058.40 Exempt Power Plant Superintendent - Burdick 1462.40/2058.40 Exempt Power Plant Superintendent - PGS 1732.80/2437.60 Exempt Public Information Officer 892.00/ 1256.80 40 hrs/week Public Information/Records Management Director 1323.20/1863.20 Exempt Public Information/Records Management Secretary* 775.20/ 1122.40 40 hrs/week Public Safety Secretary* 775.20/ 1236.80 40 hrs/week Public Works Director 2008.00/2825.60 Exempt Public Works Secretary 775.20/1090.40 40 hrs/week Purchasing Technician 775.20/ 1090.40 40 hrs/week Recreation Superintendent 1142.40/1608.00 Exempt Senior Civil Engineer 1528.80/2151.20 Exempt Senior Electrical Engineer 1528.80/2151.20 Exempt Senior Engineering Technician 1087.20/1530.40 40 hrs/week Equipment Mechanic Supervisor 960.80/ 1352.80 40 hrs/week I Senior Equipment Operator 870.40/ 1224.00 40 hrs/week Senior Library Assistant 752.80/1058.40 40 hrs/week Senior Maintenance Worker 848.80/ 1195.20 40 hrs/week - 4 - Approved as to Form T 0f"C September 24, 1999 ... City Attorney I I I ORDINANCE NO. 8533 (Cont.) Classification Senior Telecommunicator/EMD Solid Waste Clerk Solid Waste Superintendent Street Superintendent Street Supervisor Telecommunicator/EMD Turf Management Specialist Utility Production Engineer Utility Director Utility Secretary Utility Services Manager Utility Warehouse Supervisor Wastewater Engineering/Operations Superintendent Wastewater Plant Maintenance Supervisor Wastewater Plant Operator I Wastewater Plant Operator II Wastewater Plant Process Supervisor Wastewater Plant Senior Operator Water Superintendent Water Supervisor Worker / Seasonal Worker / Temporary Family Preservation Grant Coordinator Bi- Weekly Pay Range MinIMax Overtime Eligibility 40 hrs/week 40 hrs/week Exempt Exempt 40 hrs/week 40 hrs/week 40 hrs/week Exempt Exempt 40 hrs/week Exempt 40 hrs/week Exempt 40 hrs/week 40 hrs/week 40 hrs/week 40 hrs/week 40 hrs/week Exempt 40 hrs/week Exempt 40 hrs/week Exempt 827.20/1164.00 684.00/963.20 1307.20/1840.00 1307.20/1840.00 1038.40/1461.60 788.00/1108.80 1087.20/1530.40 1653.60/2328.00 2284.00/3213.60 775.20/1090.40 1356.80/1909.60 1076.80/1515.20 1528.80/2151.20 1068.00/1502.80 750.40/1056.00 796.80/ 1122.40 1094.40/1539.20 844.00/1187.20 1283.20/1804.00 1093.60/1539.20 412.00/1243.12 412.00 848.80/1009.60 *Pay Schedule Variation SECTION 2. The currently occupied classifications of employees of the City of Grand Island included under the AFSCME labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the AFSCME labor agreement shall work prior to overtime eligibility are as follows: - 5 - Approved as to Form T ~ September 24, 1999 .A. City Attorney ORDINANCE NO. 8533 (Cont.) I Classification Bi-Weeldy Pay Range Overtime Min/Max Eligibility Equipment Mechanic - Garage 873.60/1223.20 40 hrs/week Equipment Operator - Streets 780.80/1092.80 40 hrs/week Fleet Maintenance Technician 778.40/1088.00 40 hrs/week Shop Attendant 709.60/992.80 40 hrs/week Horticulturist 824.80/1137.60 40 hrs/week Maintenance Worker I - Cemetery 723.20/1019.20 40 hrs/week Maintenance Worker I - Parks 723.20/1019.20 40 hrs/week Maintenance Worker I - Streets 708.00/975.20 40 hrs/week Maintenance Worker II - Cemetery 774.40/1072.80 40 hrs/week Maintenance Worker II - Streets 752.80/1048.80 40 hrs/week Maintenance Worker II - Parks 768.80/1060.00 40 hrs/week Senior Equipment Operator - Streets 855.20/1177.60 40 hrs/week Senior Maintenance Worker - Streets 855.20/1177.60 40 hrs/week I SECTION 3. The currently occupied classifications of employees of the City of Grand Island included under the IBEW labor agreements, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW labor agreements shall work prior to overtime eligibility are as follows: Classification Bi- W eeldy Pay Range Overtime MiniMax Eligibility Accounting Clerk I 662.40/931.20 40 hrs/week Accounting Clerk II 748.00/1052.00 40 hrs/week Computer Technician 804.80/ 1132.00 40 hrs/week Computer Programmer 1052.00/1480.00 40 hrs/week Electric Distribution Crew Chief 1278.40/1799.20 40 hrs/week Electric Underground & Substation Crew Chief 1278.40/ 1799.20 40 hrs/week I Engineering Technician I 887.20/ 1248.00 40 hrs/week Engineering Technician II 1078.40/1517.60 40 hrs/week Instrument Technician 1248.00/1756.80 40 hrs/week - 6 - Approved as to Form T CRl5 September 24, 1999 ... City Attorney ORDINANCE NO. 8533 (Cant.) I Classification Bi- W eeldy Pay Range Overtime MiniMax Eligibility Lineman Apprentice 908.80 I 1278.40 40 hrs/week Lineman First Class 1160.00 11632.00 40 hrs/week Lineman Second Class 1001.60 11409.60 40 hrs/week Materials Handler 1104.80 11554.40 40 hrs/week Meter Reader 766.40 11078.40 40 hrs/week Meter Technician 887.20 11248.00 40 hrs/week Network Technician 931.20 I 1310.40 40 hrs/week Power Dispatcher I 1160.00 I 1632.00 40 hrs/week Power Dispatcher II 1217.60 11713.60 40 hrs/week Power Plant Custodian 662.40 I 931.20 40 hrs/week Power Plant Maintenance Mechanic 1160.00 11632.00 40 hrs/week Power Plant Operator I 908.80 I 1278.40 40 hrs/week Power Plant Operator II 1217.60 11713.60 40 hrs/week Senior Accounting Clerk 784.80 I 1104.66 40 hrs/week I Senior Engineering Technician 1160.00/1632.00 40 hrs/week Senior Materials Handler 1217.60/1713.60 40 hrs/week Senior Meter Reader 824.00/1160.00 40 hrs/week Senior Power Dispatcher 1342.40/1889.60 40 hrs/week Senior Power Plant Operator 1342.40/1889.60 40 hrs/week Senior Substation Technician 1248.001 1756.80 40 hrs/week Senior Utilities Operator 1310.401 1844.00 40 hrs/week Senior Water Maintenance Worker 954.401 1342.40 40 hrs/week Substation Technician 1160.00/1632.00 40 hrs/week Systems Technician 1248.001 1756.80 40 hrs/week Tree Trim Crew Chief 1160.00/1632.00 40 hrs/week Utilities Electrician 1160.00 11632.00 40 hrs/week Utilities Operator 1188.80/1672.80 40 hrs/week Utility Technician 1278.40 11799.20 40 hrs/week Utility Warehouse Clerk 824.001 1160.00 40 hrs/week I Water Maintenance Worker I 784.801 1104.66 40 hrs/week Water Maintenance Worker II 844.80/1188.80 40 hrs/week Wireman I 1001.60/1409.60 40 hrs/week - 7 - Approved as to Form ..- aJC September 24, 1999 ... City Attorney I I I ORDINANCE NO. 8533 (Cont.) Classification Bi-Weeldy Pay Range MinIMax Overtime Eligibility 40 hrs/week Wireman II 1160.00/1632.00 *Pay Schedule Val1ation SECTION 4. The currently occupied classifications of employees of the City of Grand Island included under the FOP labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the FOP labor agreement shall work prior to overtime eligibility are as follows: Classification Bi- Weekly Pay Range MiniMax Overtime Eligibility 40 hrs/week 40 hrs/week 40 hrs/week Police Captain Police Officer* Police Sergeant* 1264.00/ 1779.20 852.80/ 1342.40 1050.40/1519.20 *Pay Schedule Variation SECTION 5. The currently occupied classifications of employees of the City of Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IAFF labor agreement shall work prior to overtime eligibility are as follows: Classification Bi- Weekly Pay Range MiniMax 1205.28/1695.60 894.24/1279.80 983.88/1478.52 1053.00/1480.68 *Pay Schedule Variation Overtime Eligibility 212 hrs/28 days 212 hrs/28 days 212 hrs/28 days 212 hrs/28 days Fire Captain* Firefighter / EMT* Firefighter / Paramedic* Fire Lieutenant* - 8 - Approved as to Form T ~ September 24, 1999 '" City ttorney ORDINANCE NO. 8533 (Cont.) I SECTION 6. The currently occupied classifications of officers and employees of the City of Grand Island within the Planning Department, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such officers and employees within the Planning Department shall work prior to overtime eligibility are as follows: Planning Director Planning Secretary Planning Technician 1468.00/1860.80 492.00/844.80 1142.40/ 1279.20 Overtime Eligibility Exempt 40 hrs/week 40 hrs/week Classification Bi- Weekly Pay Range Min/Max SECTION 7. The currently occupied classifications of officers and employees of I the City of Grand Island within the Health Deparlment, and the ranges of compensation (salary and wages) to be paid for such classifications, and the number of hours and work period which certain such officers and employees within the Health Department shall work prior to overtime eligibility are as follows: Classification Bi- Weekly Pay Range Overtime MinIMax Eligibility 716.00/1007.20 40 hrs/week 1040.80/1464.00 40 hrs/week 1100.80/1549.60 Exempt 981.60/1380.80 40 hrs/week 544.80/766.40 40 hrs/week 1770.40 / 2248.00 Exempt 506.40/712.80 40 hrs/week 1035.20/1628.00 Exempt 775.20/ 1090.40 40 hrs/week $190/month Exempt - 9 - Approved as to Form T C46 September 24, 1999 ... City Attorney I Community Health Nurse I Community Health Nurse II Community Health Program Supervisor Environmental Health Specialist Health Clerk Health Director Interpreter Lab Scientist* Lab Technician / Administrative Secretary Medical Consultant I I I ORDINANCE NO. 8533 (Cont.) Classification Bi- W eeldy Pay Range MinIMax Overtime Eligibility 40 hrs/week Exempt 40 hrs/week Exempt Exempt Nutritionist Public Health Educator* Seasonal Worker(s)* Temporary Worker WIC Director 950.40 I 1336.80 1056.00 11628.00 412.00 11309.60 412.00 1100.80 11549.60 *Pay Schedule Variation SECTION 8. The currently occupied classifications of officers and employees of the Grand Island Heritage Zoo, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees within the zoo shall work prior to overtime eligibility are as follows: Classification Bi- W eeldy Pay Range MiniMax Overtime Eligibility 40 hrs/week 40 hrs/week Exempt 40 hrs/week Exempt Grant Writer Office Manager Zoo Educator Zoo Keeper Zoo Supervisor 640.00 640.00 720.00 680.00 720.00 SECTION 9. The classification of employees included under labor agreements with the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classification, and the number of hours and work period which certain such employees shall work prior to overtime eligibility area as stated above. All full-time fire fighters and police officers shall be paid a clothing and uniform allowance in addition to regular salary. The range of this allowance is $76 to $80 per month. Full-time police officers may also receive a reimbursement toward the purchase of body armor, - 10 - Approved as to Form T Cf!I::: September 24, 1999 ... City Attorney I I I ORDINANCE NO. 8533 (Cont.) not to exceed $400. Bilingual employees may receive an annual stipend not to exceed $300. Full-time fire fighters may receive a one-time uniform acquisition allowance of up to $500 and an annual stipend for longevity not to exceed $520. If any such fire fighter or police officer shall resign, or his or her employment be terminated for any reason whatsoever, the clothing allowance shall be paid on a prorata basis, but no allowance shall be made for a fraction of a month. Utilities Department personnel m the IBEW bargaining unit and the classifications of Meter Reading Supervisor, Power Plant Superintendent, Power Plant Supervisor, Electric Distribution Superintendent, Electric Distribution Supervisor, Water Superintendent, Water Supervisor, Electric Underground and Substation Superintendent, Electric Underground and Substation Supervisor, and Engineering Technical Supervisor shall be eligible to participate in a voluntary uniform program providing an allowance up to $18.00 per month. When protective clothing is required for Utilities Department personnel in the IBEW, the City shall pay 60% of the cost of providing and cleaning said clothing and the employees 40% of said cost. Public Works Department personnel in the AFSCME bargaining unit shall be eligible to participate in a voluntary uniform program providing an allowance up to $18 per month. Full- time Shop Garage Division personnel in the AFSCME bargaining unit shall receive a uniform allowance of $12 biweekly. Public Works Department personnel in the job classifications Senior Equipment Mechanic, Garage Superintendent, and Equipment Mechanic shall receive a tool allowance of$10 biweekly. Parking Monitors may receive a one-time uniform acquisition allowance of $250 upon employment and an annual allowance thereafter of$100. - 11 - Approved as to Form T CAJL: September 24, 1999 ... City Attorney ORDINANCE NO. 8533 (Cont.) I SECTION 10. Employees shall be compensated for unused sick leave as follows: (A) For all employees except those covered in the IAFF and AFSCME bargaining agreement, the City will include in the second paycheck in January of each year, payment for an employee's unused sick leave in excess of 960 hours accrued in the preceding calendar year. The compensation will be at the rate of one-half day's pay based on the employee's current pay rate at the time of such compensation, for each day of unused sick leave which exceeds 960 hours accrual of the preceding year. For those employees covered in the AFSCME bargaining agreement, the City will include in the paycheck in January of each year, payment for an I employee's unused sick leave in excess of 968 hours accrued in the preceding calendar year. The compensation will be at the rate of one-half day's pay based on the employee's current pay rate at the time of such compensation, for each day of unused sick leave which exceeds 968 hours accrual of the preceding year. For those employees covered in the IAFF bargaining agreement, the City will include in the second paycheck in January of each year, payment for an employee's unused sick leave in excess of 2,880 hours accrued in the preceding calendar year. The compensation will be at the rate of one-quarter day's pay based on the employee's current pay rate at the time of such compensation, for each day of unused sick leave which exceeds 2,880 hours accrual ofthe preceding year. I (B) All employees except those covered in the fire department bargaining agreement shall be paid for one-half of their accumulated sick leave at the time of Approved as to Form T CfIT5 September 24, 1999 ... City Attorney - 12 - I I I ORDINANCE NO. 8533 (Cont.) their retirement, the rate of compensation to be based on the employee's salary at the time of retirement. Employees covered in the fire department bargaining agreement shall be paid for one quarter of their accumulated sick leave at the time of their retirement, the rate of compensation to be based upon the employee's salary at the time of retirement. (C) Department heads shall be paid for one-half of their accumulated sick leave, not to exceed 30 days of pay, upon their resignation, the rate of compensation to be based upon the salary at the time of termination. Compensation for unused sick leave at retirement shall be as provided above. (D) The death of an employee shall be treated the same as retirement, and payment shall be made to the employee's beneficiary or estate for one-half of all unused sick leave. SECTION 11. The city administrator shall receive a vehicle allowance of $300 per month in lieu of mileage for use of personal vehicle travel within Hall County, payable monthly. SECTION 12. Reimbursed expenses which are authorized by Neb. Rev. Stat. S13-2201, et. seq., the Local Government Miscellaneous Expenditure Act and/or which the Internal Revenue Service requires to be reflected on an employee IRS Form W-2 at year end, are hereby authorized as a payroll entry. SECTION 13. 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. - 13 - Approved as to Form T CJ3l$ September 24, 1999 ... City Attorney I I I ORDINANCE NO. 8533 (Cont.) SECTION 14. Ordinance No. 8445 and all other ordinances and parts of ordinances in conflict herewith be, and the same are, hereby repealed. SECTION 15. The salary adjustments identified above shall be effective as of September 27, 1999. SECTION 16. This ordinance shall be in full force and take effect from and after its passage and publication in pamphlet form in one issue of the Grand Island Independent as provided by law. Enacted: September 27, 1999. KenGn~ Attest: - 14 - Approved as to Form '" ~ September 24, 1999 .... City ttorney I I I * This Space Reserved for Register of Deeds * ORDINANCE NO. 8534 An ordinance to vacate West Division Street between Elm Street and Cedar Street; to provide for filing this ordinance in the office of the Register of Deeds of Hall County; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That West Division Street between Elm Street and Cedar Street be, and hereby is, vacated. SECTION 2. This ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Approved as to Form 0 Ulj September 27, 1999 0 City Attorney I I I ORDINANCE NO. 8534 (Cont.) Enacted: September 27, 1999. Ken Gnadt, Mayor Attest: Cindy K. Johnson, City Clerk This Ordinance was tabled at the September 27, 1999 City Council Meeting. -2- Approved as to Form 0 September 27, 1999 0 City Attorney ;::0 n () m :I: }> ~ ." m Ul C) C'> (J) 1"'1", I C') ....(] ~ ~ n () c () ::t :c~ t-" 0 .-/ c;:) = .., 0_. ll:> ~ :I: >- Z "" ::D C l> rv ...... 0..... 0 y CD ll:> tr:l'-< ~ ..... m Ul = z ::: ;: ~ ~ rn @ e- ll:> (] ll:> .., n :I: ,:....~ C) C> ~ ::: -< '" - "" 0 =- .... .....~ tr:l ..... I-- ....... C> '" ~* 0 c~t 0 ""1 > ;- e- .. c.....J ..,., ::: .., ::;; ....0 ~t Z ....... en po '" ll:> '" r :zt: f'n - ..... .., ~ 'Jl e- O 1"11 .::::0 );>- o;J C> :::I ..... '" 1"11 ::3 r ;:;t;:l C"A tr:l .., I '" r)> 00 ...... ~ 0 (Q - 0\ ~ CD CP C> = CO ..... :::-;: = 00 ,~ :> 0 --.J CD .... ....... -,- ::I 0 (/). 0 ..... Ell) 2 Q . * This Space Reserved for Register of Deeds * ..50 ORDINANCE NO. 8534 & An ordinance to vacate a portion of West Division Street between Elm Street and I Cedar Street; to retain an easement on the entire tract of vacated property; to provide for filing this ordinance in the office of the Register of Deeds of Hall County; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That a portion of West Division Street between Elm Street and Cedar Street, more particularly described as follows, all as shown on the plat dated October 6, 1999, marked Exhibit "A", attached hereto and incorporated herein by reference, is hereby vacated, provided and conditioned that the City of Grand Island hereby retains an easement on such property for sewer, electricity, storm drainage, gas, and other public utilities and all rights and appurtenances thereto: I Beginning at a point being the southeast comer of Block Eighty Six (86), Original Town, said point also being the intersection of the north line of Division Street REC<IWISt.II!\II() ~ots S.~.7.g 13ik 3'IoIGrancl~)((;,d O'Y'I'S , Tln4J 11 qnJ J-crf s I) 2)3. 4 f3lk 1(10 #Qct,'IY'Oo..J (4,:t/. Reg, of Deeds k B Approved as to Form T e4' October 7, 1999 ... City Attorney I I I 200108070 ORDINANCE NO. 8534 (Cont.) and the west line of Cedar Street; thence southerly on a prolongation of the west line of Cedar Street to the south line of Division Street; thence westerly on the south line of Division Street to the east line of Elm Street; thence northerly on a prolongation of the east line of Elm Street to the north line of Division Street; thence easterly on the north line of Division Street to the point of beginning. SECTION 2. The title to the property vacated by Section 1 of this ordinance shall revert to the owner or owners of the real estate abutting the same in proportion to the respective ownership of such real estate. SECTION 3. This ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Attest: ~ Enacted: October 11, 1999. - 2 - Approved as to Form" ~ October 7, 1999 ... City ttorney 200108070 I ~ c::}~ ~ ~ ~ w () w ~ w w $ 0:::: 0:::: ~ ~ ~ (J) (J) N N 1'0 N N 8~ 5 8 ~ ~ 5 66' 80' 66' II II 66' 80' 66' POINT OF BEGINNING DIVISION ~ ST. 66' 80' 66' II II 66' 80' 66' I N4 1 4 1'0 N N 1'0 0:::: 1'0 ,.-- ,.-- <( :2 0 W --.J U W EZI AREA TO BE VACATED AND RETAINED FOR EASEMENT I aTY 01' ~ <GRAND ~ lISLAND PUBLIC WORKS DEP AR TMlBNT DATE: 10/6/99 DRAWN L.D.C. SCALE 1"= 1 00' PLAT TO ACCOMPANY ORDINANCE NO. 8534 I ORDINANCE NO. 8535 An ordinance to amend Ordinance No. 8533 known as the Salary Ordinance which lists the currently occupied classifications of officers and employees of the City of Grand Island, Nebraska and establishes the ranges of compensation of such officers and employees; to adjust the salary ranges for employees covered by the IBEW bargaining agreement; to repeal Ordinance No. 8533, any ordinance or parts of ordinances in conflict herewith; to provide for severability; to provide for the effective date thereof; and to provide for publication of this ordinance in pamphlet form. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The currently occupied classifications of officers and general I employees of the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain officers and general employees shall work prior to overtime eligibility are as follows: Classification Bi- Weekly Pay Range Overtime MinIMax Eligibility 1108.80/1559.20 Exempt 1356.80/1909.60 Exempt 865.60/1219.20 40 hrs/week 865.60/1219.20 40 hrs/week 865.60/1219.20 40 hrs/week 957.60/1347.20 40 hrs/week 957.60/1347.20 40 hrs/week 957.60/ 1347.20 40 hrs/week 1652.00/2324.80 Exempt 1536.00/2162.40 Exempt Approved as to Form ....~ October 21, 1999 .... City Attorney I Accountant Accounting Manager Accounting Technician - Solid Waste Accounting Technician - Streets Accounting Technician - WWTP Administrative Assistant - Finance Administrative Assistant - Public Works Administrative Assistant - Utilities Assistant Finance Director Assistant Public Works Director I ORDINANCE NO. 8535 (Cont.) Classification Bi-Weekly Pay Range Overtime MinIMax Eligibility Assistant Utility Director 1970.40/2772.80 Exempt Attorney 1528.80/2151.20 Exempt Audio-Visual Technician 983.20/1383.20 40 hrs/week Biosolids Technician 844.00/1187.20 40 hrs/week Building Clerk 684.00/963.20 40 hrs/week Building Secretary 775.20/1090.40 40 hrs/week Building Inspections Director 1599.20/2251.20 Exempt Building Inspector 1060.00/1492.80 40 hrs/week Cemetery Superintendent 1104.00/1552.80 Exempt City Administrator 2618.40/3684.00 Exempt City Attorney 2008.00/2825.60 Exempt Civil Engineer - Utilities 1528.80/2151.20 Exempt Civil Engineer I 1118.40/1573.60 Exempt Civil Engineer II 1324.00/ 1864.00 Exempt I Code Compliance Officer 902.40/ 1269.60 40 hrs/week Collection System Supervisor 1040.80/1464.00 40 hrs/week Communications Supervisor 914.40/1286.40 Exempt Community Development Director 1477.60/2079.20 Exempt Community Development Technician* 775.20/1120.80 40 hrs/week Custodian 647.20/910.40 40 hrs/week Data Processing Manager 1528.80/2151.20 Exempt Data Processing Supervisor 1108.80/1559.20 Exempt Deputy Fire Chief 1520.80/2140.00 Exempt Deputy Police Chief 1589.60/2236.80 Exempt Downtown Development Director 1477.60/2079.20 Exempt Downtown Development Secretary 775.20/1090.40 40 hrs/week Electric Distribution Superintendent 1757.60/2472.80 Exempt Electric Distribution Supervisor 1485.60/2092.00 40 hrs/week Electric Underground & Substation Superintendent 1565.60/2203.20 Exempt I Electrical Engineer I 1283.20/1804.00 Exempt Electrical Engineer II 1485.60/2092.00 Exempt Electrical Inspector 1060.00/1492.80 40 hrs/week - 2 - Approved as to Form : c~rney October 21, 1999 I ORDINANCE NO. 8535 (Cont.) Classification Bi- Weekly Pay Range Overtime MiniMax Eligibility Emergency Management Coordinator 836.80/ 1176.40 40 hrs/week Emergency Management Director 1599.20/2251.20 Exempt Engineering Technician Supervisor 1231.20/ 1732.80 Exempt Equipment Operator 794.40/ 1118.40 40 hrs/week Executive Assistant - Administration 957.60/1347.20 40 hrs/week Finance Secretary 775.20/1090.40 40 hrs/week Finance Director 2008.00/2825.60 Exempt Fire Chief 1808.00/2544.00 Exempt Fire Marshal 1424.00/2003.20 Exempt Fire Training Officer 1424.00/2003.20 Exempt Garage Superintendent 1170.40/1647.20 Exempt Golf Course Superintendent* 1204.80/1845.69 Exempt Grounds Management Crew Chief 937.60/1320.80 40 hrs/week Legal Assistant 1024.80/1442.40 40 hrs/week I Legal Secretary 832.00/ 1170.40 40 hrs/week Librarian 988.00/1391.20 Exempt Library Assistant 682.40/960.00 40 hrs/week Library Clerk 544.80/766.40 40 hrs/week Library Director 1560.00/2196.80 Exempt Library Page* 422.40/654.92 40 hrs/week Library Secretary 775.20/1090.40 40 hrs/week Maintenance Mechanic I 806.40/ 1134.40 40 hrs/week Maintenance Mechanic II 904.80/ 1272.80 40 hrs/week Maintenance Worker I 732.80/ 1032.00 40 hrs/week Maintenance Worker II 771.20/1086.40 40 hrs/week Meter Reading Supervisor 956.00/ 1345.60 Exempt Office Manager - Police Department 970.40/1365.60 40 hrs/week Paramedic Supervisor 1424.00/2003.20 Exempt Parking Monitor 435.20/613.60 40 hrs/week I Parks and Recreation Director 1763.20/2482.40 Exempt Parks and Recreation Secretary 775.20/1090.40 40 hrs/week Parks Maintenance Superintendent 1170.40/1647.20 Exempt - 3 - Approved as to Form October 21. 1999 I ORDINANCE NO. 8535 (Cant.) Classification Bi-Weekly Pay Range Overtime MinIMax Eligibility Payroll Specialist 886.40/ 1246.40 40 hrs/week Personnel Director 1599.20/2251.20 Exempt Personnel Specialist 886.40/ 1246.40 40 hrs/week Plumbing Inspector 1060.00/1492.80 40 hrs/week Police Chief 1848.00/2600.00 Exempt Police Records Clerk 703.20/988.80 40 hrs/week Power Plant Maintenance Supervisor 1391.20/1958.40 Exempt Power Plant Operations Supervisor 1462.40/2058.40 Exempt Power Plant Superintendent - Burdick 1462.40/2058.40 Exempt Power Plant Superintendent - PGS 1732.80/2437.60 Exempt Public Information Officer 892.00/ 1256.80 40 hrs/week Public Information/Records Management Director 1323.20/1863.20 Exempt Public Information/Records Management Secretary* 775.20/ 1122.40 40 hrs/week Public Safety Secretary* 775.20/1236.80 40 hrs/week I Public Works Director 2008.00/2825.60 Exempt Public Works Secretary 775.20/1090.40 40 hrs/week Purchasing Technician 775.20/1090.40 40 hrs/week Recreation Superintendent 1142.40/1608.00 Exempt Senior Civil Engineer 1528.80/2151.20 Exempt Senior Electrical Engineer 1528.80/2151.20 Exempt Senior Engineering Technician 1087.20/1530.40 40 hrs/week Equipment Mechanic Supervisor 960.80/ 1352.80 40 hrs/week Senior Equipment Operator 870.40/ 1224.00 40 hrs/week Senior Library Assistant 752.80/1058.40 40 hrs/week Senior Maintenance Worker 848.80/ 1195.20 40 hrs/week Senior Telecommunicator/EMD 827.20 / 1164.00 40 hrs/week Solid Waste Clerk 684.00/963.20 40 hrs/week Solid Waste Superintendent 1307.20/1840.00 Exempt Street Superintendent 1307.20/ 1840.00 Exempt I Street Supervisor 1038.40/1461.60 40 hrs/week Te1ecommunicator/EMD 788.00/1108.80 40 hrs/week Turf Management Specialist 1087.20/1530.40 40 hrs/week - 4 - Approved as to Form T October 21, 1999 .... City Attorney I I I ORDINANCE NO. 8535 (Cont.) Classification Utility Production Engineer Utility Director Utility Secretary Utility Services Manager Utility Warehouse Supervisor Wastewater Engineering/Operations Superintendent Wastewater Plant Maintenance Supervisor Wastewater Plant Operator I Wastewater Plant Operator II Wastewater Plant Process Supervisor Wastewater Plant Senior Operator Water Superintendent Water Supervisor Worker / Seasonal Worker / Temporary Family Preservation Grant Coordinator Bi- Weekly Pay Range MinIMax Overtime Eligibility Exempt Exempt 40 hrs/week Exempt 40 hrs/week Exempt 40 hrs/week 40 hrs/week 40 hrs/week 40 hrs/week 40 hrs/week Exempt 40 hrs/week Exempt 40 hrs/week Exempt 1653.60/2328.00 2284.00/3213.60 775.20/1090.40 1356.80/1909.60 1076.80/1515.20 1528.80/2151.20 1068.00/1502.80 750.40/1056.00 796.80/1122.40 1094.40/1539.20 844.00/1187.20 1283.20/1804.00 1093.60/1539.20 412.00/1243.12 412.00 848.80/1009.60 *Pay Schedule Variation SECTION 2. The currently occupied classifications of employees of the City of Grand Island included under the AFSCME labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the AFSCME labor agreement shall work prior to overtime eligibility are as follows: Classification Equipment Mechanic - Garage Equipment Operator - Streets Fleet Maintenance Technician Shop Attendant Horticulturist Bi- Weekly Pay Range MinIMax Overtime Eligibility 40 hrs/week 40 hrs/week 40 hrs/week 40 hrs/week 40 hrs/week 873.60/1223.20 780.80/1092.80 778.40/1088.00 709.60/992.80 824.80/1137.60 - 5 - Approved as to Form October 21, 1999 I I ORDINANCE NO. 8535 (Cont.) Classification Bi-Weekly Pay Range Overtime Min/Max Eligibility Maintenance Worker I - Cemetery 723.20/1019.20 40 hrs/week Maintenance Worker I - Parks 723.20/ 1019.20 40 hrs/week Maintenance Worker I - Streets 708.00/975.20 40 hrs/week Maintenance Worker II - Cemetery 774.40/1072.80 40 hrs/week Maintenance Worker II - Streets 752.80/1048.80 40 hrs/week Maintenance Worker II - Parks 768.80/1060.00 40 hrs/week Senior Equipment Operator - Streets 855.20/1177.60 40 hrs/week Senior Maintenance Worker - Streets 855.20/ 1177.60 40 hrs/week SECTION 3. The currently occupied classifications of employees of the City of Grand Island included under the IBEW labor agreements, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW labor agreements shall work prior to overtime eligibility are as follows: Classification Bi- Weekly Pay Range Overtime MinIMax Eligibility Accounting Clerk I 663.40/933.46 40 hrs/week Accounting Clerk II 750.57/1056.13 40 hrs/week Computer Technician 808.28/ 1137.34 40 hrs/week Computer Programmer 1060.54/1492.28 40 hrs/week Electric Distribution Crew Chief 1292.16/1818.20 40 hrs/week Electric Underground & Substation Crew Chief 1292.16/1818.20 40 hrs/week Engineering Technician I 892.19/1255.41 40 hrs/week Engineering Technician II 1087.05/1529.59 40 hrs/week Instrument Technician 1260.65 / 1773.86 40 hrs/week Lineman Apprentice 914.50/1286.79 40 hrs/week Lineman First Class 1170.64/1647.20 40 hrs/week I Lineman Second Class 1009.44/1420.38 40 hrs/week Materials Handler 1114.23/1567.83 40 hrs/week Meter Reader 769.34/ 1082.53 40 hrs/week - 6 - Approved as to Form T~ October 21, 1999 ... I Y Attorney I I I ORDINANCE NO. 8535 (Cont.) Classification Bi-Weekly Pay Range Overtime MinIMax Eligibility Meter Technician 892.19/1255.41 40 hrs/week Network Technician 937.36/1318.96 40 hrs/week Power Dispatcher I 1199.90/1688.38 40 hrs/week Power Dispatcher II 1260.65/1773.86 40 hrs/week Power Plant Custodian 663.40/933.46 40 hrs/week Power Plant Maintenance Mechanic 1170.64/1647.20 40 hrs/week Power Plant Operator I 914.50/1286.79 40 hrs/week Power Plant Operator II 1229.90/1730.59 40 hrs/week Senior Accounting Clerk 788.57/1109.60 40 hrs/week Senior Engineering Technician 1170.64/1647.20 40 hrs/week Senior Materials Handler 1229.90/1730.59 40 hrs/week Senior Meter Reader 828.49/1165.77 40 hrs/week Senior Power Dispatcher 1391.52/1958.01 40 hrs/week Senior Power Plant Operator 1357.58/1910.25 40 hrs/week Senior Substation Technician 1260.65/1773.86 40 hrs/week Senior Utilities Operator 1324.47/1863.66 40 hrs/week Senior Water Maintenance Worker 960.80/1351.94 40 hrs/week Substation Technician 1170.64/1647.20 40 hrs/week Systems Technician 1260.65/1773.86 40 hrs/week Tree Trim Crew Chief 1170.64/1647.20 40 hrs/week Utilities Electrician 1170.64/1647.20 40 hrs/week Utilities Operator 1199.90/1688.38 40 hrs/week Utility Technician 1292.16/1818.20 40 hrs/week Utility Warehouse Clerk 828.49/1165.77 40 hrs/week Water Maintenance Worker I 788.57 /1109.60 40 hrs/week Water Maintenance Worker II 849.20/1194.91 40 hrs/week Wireman I 1009.44/1420.38 40 hrs/week Wireman II 1170.64/1647.20 40 hrs/week *Pay Schedule Variation SECTION 4. The currently occupied classifications of employees of the City of Grand Island included under the FOP labor agreement, and the ranges of compensation (salary - 7 - Approved as to Form T ~ October 21, 1999 ... City Attorney I I I ORDINANCE NO. 8535 (Cont.) and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the FOP labor agreement shall work prior to overtime eligibility are as follows: Classification Bi-Weeldy Pay Range MinIMax Overtime Eligibility 40 hrs/week 40 hrs/week 40 hrs/week Police Captain Police Officer* Police Sergeant* 1264.00/ 1779.20 852.80/ 1342.40 1050.40/1519.20 *Pay Schedule Variation SECTION 5. The currently occupied classifications of employees of the City of Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IAFF labor agreement shall work prior to overtime eligibility are as follows: Classification Bi- W eeldy Pay Range MinIMax Overtime Eligibility 212 hrs/28 days 212 hrs/28 days 212 hrs/28 days 212 hrs/28 days Fire Captain* Firefighter / EMT* Firefighter / Paramedic* Fire Lieutenant* 1205.28/1695.60 894.24/ 1279.80 983.88/ 1478.52 1053.00/1480.68 *Pay Schedule Variation SECTION 6. The currently occupied classifications of officers and employees of the City of Grand Island within the Planning Department, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such officers and employees within the Planning Department shall work prior to overtime eligibility are as follows: - 8 - Approved as to Form T ~ October 21, 1999 ... City Attorney I ORDINANCE NO. 8535 (Cont.) Classification Bi-Weekly Pay Range MinIMax Planning Director 1468.00/1860.80 Planning Secretary 492.00/ 844.80 Planning Technician 1142.40/1279.20 Overtime Eligibility Exempt 40 hrs/week 40 hrs/week SECTION 7. The currently occupied classifications of officers and employees of the City of Grand Island within the Health Department, and the ranges of compensation (salary and wages) to be paid for such classifications, and the number of hours and work period which certain such officers and employees within the Health Department shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Overtime MinIMax Eligibility I Community Health Nurse I 716.00/1007.20 40 hrs/week Community Health Nurse II 1040.80/1464.00 40 hrs/week Community Health Program Supervisor 1100.80/1549.60 Exempt Environmental Health Specialist 981.60/1380.80 40 hrs/week Health Clerk 544.80/766.40 40 hrs/week Health Director 1770.40/2248.00 Exempt Interpreter 506.40/712.80 40 hrs/week Lab Scientist* 1035.20/1628.00 Exempt Lab Technician / Administrative Secretary 775.20/1090.40 40 hrs/week Medical Consultant $ 190/month Exempt Nutritionist 950.40/ 1336.80 40 hrs/week Public Health Educator* 1056.00/1628.00 Exempt Seasonal Worker(s)* 412.00/1309.60 40 hrs/week Temporary Worker 412.00 Exempt WIC Director 1100.80/1549.60 Exempt *Pay Schedule Variation I - 9 - Approved as to Form T ~ October 21, 1999 ... City Attorney I I I ORDINANCE NO. 8535 (Cont.) SECTION 8. The currently occupied classifications of officers and employees of the Grand Island Heritage Zoo, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees within the zoo shall work prior to overtime eligibility are as follows: Classification Bi- Weekly Pay Range MinIMax Overtime Eligibility 40 hrs/week 40 hrs/week Exempt 40 hrs/week Exempt Grant Writer Office Manager Zoo Educator Zoo Keeper Zoo Supervisor 640.00 640.00 720.00 680.00 720.00 SECTION 9. The classification of employees included under labor agreements with the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classification, and the number of hours and work period which certain such employees shall work prior to overtime eligibility area as stated above. All full-time fire fighters and police officers shall be paid a clothing and uniform allowance in addition to regular salary. The range of this allowance is $76 to $80 per month. Full-time police officers may also receive a reimbursement toward the purchase of body armor, not to exceed $400. Bilingual employees may receive an annual stipend not to exceed $300. Full-time fire fighters may receive a one-time uniform acquisition allowance of up to $500 and an annual stipend for longevity not to exceed $520. If any such fire fighter or police officer shall resign, or his or her employment be terminated for any reason whatsoever, the clothing - 10 - Approved as to Form T ~. October 21, 1999 ... City Attorney I I I ORDINANCE NO. 8535 (Cont.) allowance shall be paid on a prorata basis, but no allowance shall be made for a fraction of a month. Utilities Department personnel III the IBEW bargaining unit and the classifications of Meter Reading Supervisor, Power Plant Superintendent, Power Plant Supervisor, Electric Distribution Superintendent, Electric Distribution Supervisor, Water Superintendent, Water Supervisor, Electric Underground and Substation Superintendent, Electric Underground and Substation Supervisor, and Engineering Technical Supervisor shall be eligible to participate in a voluntary uniform program providing an allowance up to $18.00 per month. When protective clothing is required for Utilities Department personnel in the IBEW, the City shall pay 60% of the cost of providing and cleaning said clothing and the employees 40% of said cost. Public Works Department personnel in the AFSCME bargaining unit shall be eligible to participate in a voluntary uniform program providing an allowance up to $18 per month. Full- time Shop Garage Division personnel in the AFSCME bargaining unit shall receive a uniform allowance of$12 biweekly. Public Works Department personnel in the job classifications Senior Equipment Mechanic, Garage Superintendent, and Equipment Mechanic shall receive a tool allowance of$10 biweekly. Parking Monitors may receive a one-time uniform acquisition allowance of $250 upon employment and an annual allowance thereafter of$100. SECTION 10. Employees shall be compensated for unused sick leave as follows: (A) For all employees except those covered in the IAFF and AFSCME bargaining agreement, the City will include in the second paycheck in January of each year, payment for an employee's unused sick leave in excess of 960 hours accrued in the preceding calendar year. The compensation will be at the rate of - 11 - Approved as to Form ... Ut5 October 21, 1999 ... City Attorney I ORDINANCE NO. 8535 (Cant.) one-half day's pay based on the employee's current pay rate at the time of such compensation, for each day of unused sick leave which exceeds 960 hours accrual of the preceding year. For those employees covered in the AFSCME bargaining agreement, the City will include in the paycheck in January of each year, payment for an employee's unused sick leave in excess of 968 hours accrued in the preceding calendar year. The compensation will be at the rate of one-half day's pay based on the employee's current pay rate at the time of such compensation, for each day of unused sick leave which exceeds 968 hours accrual of the preceding year. For those employees covered in the IAFF bargaining agreement, the City I will include in the second paycheck in January of each year, payment for an employee's unused sick leave in excess of 2,880 hours accrued in the preceding calendar year. The compensation will be at the rate of one-quarter day's pay based on the employee's current pay rate at the time of such compensation, for each day of unused sick leave which exceeds 2,880 hours accrual ofthe preceding year. (B) All employees except those covered in the fire department bargaining agreement shall be paid for one-half of their accumulated sick leave at the time of their retirement, the rate of compensation to be based on the employee's salary at the time of retirement. Employees covered in the fire department bargaining agreement shall be paid for one quarter of their accumulated sick leave at the time I of their retirement, the rate of compensation to be based upon the employee's salary at the time of retirement. - 12 - Approved as to Form T c...t1t> October 21, 1999 '" City Attorney I I I ORDINANCE NO. 8535 (Cont.) (C) Department heads shall be paid for one-half of their accumulated sick leave, not to exceed 30 days of pay, upon their resignation, the rate of compensation to be based upon the salary at the time of termination. Compensation for unused sick leave at retirement shall be as provided above. (D) The death of an employee shall be treated the same as retirement, and payment shall be made to the employee's beneficiary or estate for one-half of all unused sick leave. SECTION 11. The city administrator shall receive a vehicle allowance of $300 per month in lieu of mileage for use of personal vehicle travel within Hall County, payable monthly. SECTION 12. Reimbursed expenses which are authorized by Neb. Rev. Stat. 813-2201, et. seq., the Local Government Miscellaneous Expenditure Act and/or which the Internal Revenue Service requires to be reflected on an employee IRS Form W-2 at year end, are hereby authorized as a payroll entry. SECTION 13. 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 14. Ordinance No. 8533 and all other ordinances and parts of ordinances in conflict herewith be, and the same are, hereby repealed. SECTION 15. The salary adjustments identified above for the positions of Power Dispatcher I, Power Dispatcher II, and Senior Power Dispatcher shall be effective as of September 27, 1999. - 13 - Approved as to Form 'f' ~.-- October 21, 1999 '" City Attorney I I I ORDINANCE NO. 8535 (Cont.) SECTION 16. The salary adjustments identified above for all remaining positions shall be effective as of October 25, 1999. SECTION 17. This ordinance shall be in full force and take effect from and after its passage and publication in pamphlet form in one issue of the Grand Island Independent as provided by law. Enacted: October 25, 1999. Attest: - 14 - Approved as to Form T t:..frS October 21, 1999 ... City Attorney I * This Space Reserved for Register of Deeds * I I ORDINANCE NO. 8536 An ordinance to vacate a portion of an easement located in vacated Adams Street, lying between Blocks Fourteen (14) and Fifteen (15), Arnold and Abbott's Addition to the City of Grand Island, Hall County, Nebraska; to provide for filing this ordinance in the office of the Register of Deeds of Hall County; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That a portion of the easement located in vacated Adams Street, lying between Blocks Fourteen (14) and Fifteen (15), Arnold and Abbott's Addition to the City of Grand Island, Hall County, Nebraska, more particularly described as follows, all as shown on the plat dated October 11, 1999, marked Exhibit "A", attached hereto and incorporated herein by reference, is hereby vacated: Approved as to Form T ~ October 21,1999 ... City Attorney I I I ORDINANCE NO. 8536 (Cont.) The center Eight (8.0) feet of the north One Hundred Thirty Two (132.0) feet of vacated Adams Street, lying between Blocks Fourteen (14) and Fifteen (15), Arnold and Abbott's Addition to the City of Grand Island, Hall County, Nebraska. SECTION 2. The title to the property vacated by Section 1 of this ordinance shall revert to the owner or owners of the real estate abutting the same in proportion to the respective ownership of such real estate. SECTION 3. This ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: October 25, 1999. !r-z5%J Ke Gnadt, Mayor Attest: &tIL - 2 - Approved as to Form T {~ October 21, 1999 ... City Attorney I U.P.R.R. ~<v ~ <0 . l- V) s. ~ ~ 4 40' 40' 66' 66' 66' c, g 3RD<;)~ (j0 -.0'-/ ~ <::><r" 4 ~ I (j~ 3 ~ - ~ t///~ 1 ~ 4 66' ~ 8 0 ~ .- ---, , r--- : I I' I I i i i i , 6' ~ 5~ 66' . l- V) EASEMENT AREA TO BE VACATED I CITY 01' ====== <GRAND ~ JISILAND lPU'BlL1fC WORKS DEP AlR 1'MENT DATE: 10/11/99 DRAWN L.D.C. SCALE 1"= 1 00' R.O.W. FRONT ~ ST. ~ 6' . l- V) 1 0 ~ .- Z 0 I- ~ Z - 8 0 :r: ~ V) .- <r:: ~ 66 ~~ o " STREET o co I @ I~\).I PLAT TO ACCOMPANY ORDINANCE NO. 8536 I . This Space Reserved for Register of Deeds. I I ORDINANCE NO. 8537 An ordinance to repeal Ordinance No. 8487; to repeal the creation of Street Improvement District No. 1224; to provide for the filing of this ordinance with the Hall County Register of Deeds; and to provide the publication and effective date ofthis ordinance. WHEREAS, Street Improvement District No. 1224 in the City of Grand Island, Nebraska, was created by Ordinance 8487 which was enacted on June 28, 1999; and WHEREAS, it is necessary to amend the boundaries of such district; and WHEREAS, it is recommended that Street Improvement District No. 1224 be discontinued and dissolved. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Ordinance 8487 which created Street Improvement District No. 1224 in the City of Grand Island, Nebraska, is hereby repealed. SECTION 2. This ordinance is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. Approved as to Form,. ~ October 21, 1999 ... City Attorney I I I ORDINANCE NO. 8537 (Cant.) SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, as provided by law. Enacted: October 25, 1999. Attest: - 2 - Approved as to FOlm T CfP$ October 21, 1999 ... City Attorney I . This Space Reserved for Register of Deeds. I I ORDINANCE NO. 8538 An ordinance to create Street Improvement District No. 1225; to define the boundaries of the district; to provide for the improvement of a street within the district by paving, curbing, guttering, storm drainage, and other incidential work in connection therewith; to provide for the filing of this ordinance with the Hall County Register of Deeds; and to provide the publication and effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 1225 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at the northeast corner of Lot 23 Meadowlark West Third Subdi said point also being the intersection of the south line of 13th Street and tJ line of Allen Drive; thence west on the south line of 13th Street to the east U.S. Highway 281; thence south on the east line of U.S. Highway 281 to tJ line of Faidley Avenue; thence east on the north line of Faidley A venu west line of Allen Drive; thence south on a prolongation of the west line Drive for a distance of Eighty (80.0) feet to the south line of Faidley thence east on the south line of Faidley Avenue for a distance of One --_._--~.~- ) - p~'l/ 2lejcJ) I Ol/v'\ ~ Approved as to Form" CAt' October 21, 1999 ... City Attorney I I I ORDINANCE NO. 8538 (Cont.) (100.0) feet; thence north on a prolongation of the east line of Allen Drive for a distance of Eighty (80.0) feet to the north line of Faidley A venue; thence east on the north line of Faidley Avenue to the southeast comer of Lot Ten (10) Meadowlark West Third Subdivision; thence north on the east line of Lots Nine (9) and Ten (10) Meadowlark West Third Subdivision to the southwest comer of Lot Eight (8) Meadowlark West Third Subdivision; thence east on the south line of Lot Eight (8) Meadowlark West Third Subdivision to the west line of Webb Road; thence north on the west line of Webb Road to the northeast comer of Lot Twenty Seven (27) Meadowlark West Third Subdivision, said point also being the southeast comer of Detention Cell B-5A; thence west on the south line of Detention Cell B-5A to the east line of Lot Three (3) Meadowlark West Third Subdivision; thence north on the east line of Lots Two (2) and Three (3) Meadowlark West Third Subdivision to the northwest comer of Detention Cell B- 5A; thence east on the north line of Detention Cell B-5A to the west line of Webb Road; thence north on the west line of Webb Road to the south line of 13th Street; thence northwesterly on the southerly line of 13th Street for a distance of Thirty Eight and Seventy Nine Hundredths (38.79) feet to the south line of 13th Street; thence west on the south line of 13th Street to the east line of Allen Drive; thence north on a prolongation of the east line of Allen Drive for a distance of Forty Five (45.0) feet; thence west on a line Forty Five (45.0) feet north of and parallel to the south line of 13th Street for a distance of One Hundred (100.0) feet; thence south on a prolongation of the west line of Allen Drive for a distance of Forty Five (45.0) feet to the point of beginning, all as shown on the plat dated October 14, 1999, attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 3. The following street in the district shall be improved by paving and other incidental work in connection therewith: Allen Drive from Faidley Avenue to 13th Street, in the City of Grand Island, Hall County, Nebraska Said improvements shall be made in accordance with plans and specifications approved by the Engineer for the City of Grand Island and approved by the Mayor and City Council. SECTION 4. All improvements shall be made at public cost, but the cost thereof, shall be assessed upon the lots and lands in the district specially benefited thereby as provided by law. - 2 - Approved as to Form T ~ October 21, 1999 ... City Attomey I I I ORDINANCE NO. 8538 (Cont.) SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, as provided by law. SECTION 7. After passage, approval and publication of this ordinance, without the plat, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted: October 25, 1999. ~~~ Ken. nadt, Mayor Attest: J - 3 - Approved as to Form T ~ October 21, 1999 ... City Attorney I I I l!s ; i .i33/ilS ~ I I IW", HJ.1 , " " I ~ ~ , I I I I 1 R I ~ I I ~ ! ! 11 I i I . I I -, I I , II II "''p II II % II , r ! ' , I I II I as I' :::::> I I I I V> I ~ )1' . I I __ I Ir ~ 0: __====__ _JI ~ I I. 1- ! __ I :I I I --1, ~" I ,'I'l,U ) 0 I, I r--......,- 0:: ! 'I I :r: II " I II :l~ ~i; I, ~ ''''u I I · , 'I I I II I ...... 3 ' I I; I II I , II 1 I; . I Li I I ! I I ....... I I ~ - ....... I I r~1 I I I I , II 3 I' II I I II I. , I _ I I. 1'.111 _" I' ::.J L J I -, r /~ I I I I I ~ ~ I 'I ; · : : . I , I I I I I I ~ I I I I . ~ ~\ ->;-yr "'.. \~ - .1.370/'(.1 3f1N3Io ." ..,... t:, I- U Q: l- (/) S ~ W ::E W > CJ n:: 0- ~ I- W W n:: l- (/) I * This Space Reserved for Register of Deeds * ORDINANCE NO. 8539 An ordinance assessing and 1eyving a special tax to pay the cost of construction of Sanitary Sewer District No. 489 of the City of Grand Island, Nebraska; providing for the I collection of snch special tax; repealing any provisions of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts and parcels of land specially benefited, for the purpose of paying the cost of construction of said sanitary sewer main in said Sanitary Sewer District No. 489, as adjudged by the Mayor and Council of the City, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and a special tax for such cost of I construction is hereby levied at one time upon such lots, tracts and land as follows: Approved as to Form,.. ~ October 22, 1999 ... City Attorney I ORDINANCE NO. 8539 (Cont.) Name Bosselman Tank & Trailer Inc. Bosselman Tank & Trailer Inc. Description Lot One (1), Platte Valley Industrial Park Subdivision Lot One (1), Platte Valley Industrial Park Second Subdivision Lot Two (2), Platte Valley Industrial Park Second Subdivision Assessment 67,678.83 115,100.78 Nebraska Truck Center 30,763.11 Nebraska Truck Center Lot Three (3), Platte Valley Industrial Park Second Subdivision Lot One (1), Brennan Subdivision 42,626.59 Father Flannagan's Boys Home 43,932.43 $300,101.74 TOTAL 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 I levy; provided, however, the entire amount so assessed and levied against any lot, tract or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of fourteen percent (14.0%) per annum shall be paid thereof, until the same is collected and paid. SECTION 3. The treasurer of the City of Grand Island, Nebraska, IS hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Sewer Extension Fund" for Sanitary Sewer District No. 489. 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. Approved as to Form T ~ October 22, 1999 ... City Attorney - 2 - I I I ORDINANCE NO. 8539 (Cont.) SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: October 25, 1999. Attest: /11A40 Clerk - 3 - Approved as to Form,.. ~ October 22,1999 A City ttomey I This Space Reserved for Register of Deeds ORDINANCE NO. 8540 An ordinance to require grading, curbing, guttering, and paving of Jay Street, from Capital Avenue to Dack Avenue; to provide for the levy and collection of special taxes and I assessments npon the adjacent and abntting properties specially benefited by such improvements; and to provide for publication and the effective date of this ordinance. WHEREAS, that portion of Jay Street, from Capital Avenue to Dack Avenue is unpaved and does not exceed two blocks including intersections, or thirteen hundred twenty-five feet, whichever is the lesser; and WHEREAS, pavmg said portion of Jay Street will make Jay Street one continuous paved street. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Pursuant to Chapter 18, Article 20, R.R.S. Nebraska 1943, that I portion of Jay Street, from Capital Avenue to Dack Avenue, shall be improved by paving, curbing, guttering, and all incidental work in connection therewith, to be known as Street -- Approved as to Form 'If ~ November 4, 1999 ... City Attorney I I I ORDINANCE NO. 8540 (Cont.) Improvement No. 1231G, in accordance with plans and specifications prepared by the Engineer for the City and approved by the Mayor and Council. SECTION 2. The improvements shall be made at public cost, but the cost thereof, excluding the intersections, shall be assessed upon the lots and lands in the designated area specially benefited thereby as provided by law. SECTION 3. The lots and parcels of real estate adjacent to or abutting upon the portion of said street to be improved are located within the following boundaries: Beginning at the northeast comer of Lot Six (6), Block Two (2), Jenkinson Subdivision, said point also being Two Hundred Forty Seven (247.0) feet east of the intersection of the east line of Jay Street and the south line of Dack Avenue; thence westerly on the south line of Dack Avenue for a distance of Two Hundred Forty Seven (247.0) feet; thence northerly on a prolongation of the east line of Jay Street for a distance of Sixty (60.0) feet; thence westerly on a prolongation of the north line of Dack Avenue for a distance of Sixty (60.0) feet to the west line of Jay Street; thence southerly on the west line of Jay Street for a distance of Sixty (60.0) feet to a point two (2.0) feet south of the northeast comer of Lot Four (4), Block Five (5), Jenkinson Subdivision; thence westerly on a line two feet south of and parallel to the north line of said Lot Four (4), Block Five (5), Jenkinson Subdivision, to the west line of Lot Four (4), Block Five (5), Jenkinson Subdivision; thence southerly on the west line of Lots One (1) through Four (4), inclusive, Block Five (5), Jenkinson Subdivision, and a prolongation thereof for a distance of Five Hundred Thirty (530.0) feet to a point on the south line of Capital Avenue; thence easterly on the south line of Capital Avenue to the south prolongation of the east line of Lot Three (3), Block Two (2), Jenkinson Subdivision; thence northerly on the easterly line of Lots Three (3) and Six (6), Block Two (2), Jenkinson Subdivision, and a prolongation thereof for a distance of Five Hundred Thirty (530.0) feet to the point of beginning, all as shown on the attached plat dated November 3, 1999, marked Exhibit "A" and incorporated herein by reference. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. - 2 - -'" Approved as to Form T C(J'L-- November 4, 1999 ... City Attorney I I I ORDINANCE NO. 8540 (Cont.) SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. Enacted: November 8, 1999. Ken Gnadt, Mayor Attest: Cindy K. Johnson, City Clerk City Council did not adopt this Ordinance at the City Council Meeting of 11-8-99. - 3 - Approved as to Form T November 4, 1999 ... City Attomey I ii1 60' \D .... .... 0 .. AVE, \D C) DACK \D 227.89' 247' 60' 123.5' 123.5' in in POINT OF \!5 4 \!5 BEGIN ING .... .... .... .... I- W ru ru w 5 6 M M ~ (\J (\J ii1 in I- \!5 \D .... (/) .... .... .... 227, I 0 0 M in , M If) in S-0 If) \!5 \!5 .... .... .... .... 227.10' 4 3 >- ru ru M in <[ M (\J (\J in \!5 ") - 1 .... \!5 .... t ~,'/} - 226.8 ' 60' 123.5' 123.5' .. .. CAPIT AL AVE, \D \D \D \D 533.83'+- EXHIBITII All CITY OF GRAND ISLAND I NEBR. ENGINEERING DEPARTMENT PLAT TO ACCOMPANY ORDINANCE NO, 540 SCALE 1'=100' loD,C. 11/3/99 I STREET IMPROVEMENT I 231..G I I I D\Cl\\.eCoo~ ORDINANCE NO. 8541 An ordinance rezoning a certain tract of land within the City of Grand Island; changing the land use classification of a tract of land located in the Southwest Quarter (SW/4) of Section Thirty Two (32), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska, from TA-Transitiona1 Agriculture Zone to B2- General Business Zone; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on November 3, 1999, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Board of Education of School District No.2 in Hall County, Nebraska; and WHEREAS, after public hearing on October 25, 1999, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The tract of land located in the Southwest Quarter (SW~) of Section Thirty Two (32), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska, more particularly described as follows: Beginning at the southwest comer of said Section Thirty Two (32); thence easterly along the south line of said Section, Five Hundred Seventy (570.0) feet to a point; thence northerly Three Hundred Forty Two and Eight Tenths (342.8) feet parallel to the west section line of Section Thirty Two (32); thence running westerly parallel to the southerly boundary line One Hundred Ninety Seven and Two Tenths (197.20) feet to a point; thence right 90000' Eighty (80.0) feet to a point; thence left 80000' One Hundred Twelve (112.0) feet to a point; thence left 37046' Three Hundred Six and Six Tenths (306.6) feet to a point that is in the west Approved as to Form T CJ<[L: November 4, 1999 A. City Attorney I I I ORDINANCE NO. 8541 (Cont.) line of said Section; thence left 64030' Three Hundred Ten (310.0) feet to a point which is the southwest comer of said Section and the point of beginning; except a tract ofland deeded to the State of Nebraska recorded in Deed Book 135 at Page 191 in the Register of Deeds office, Hall County, Nebraska; is hereby rezoned and reclassified and changed from TA- Transitional Agriculture Zone to B2- General Business Zone. SECTION 2. The Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-7 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: November 8, 1999. - 2 - Approved as to Form T ~ November 4, 1999 ... City Attorney I I I ORDINANCE NO. 8542 An ordinance to amend Section 2 of Ordinance No. 8539 pertaining to the payment of assessments for Sanitary Sewer District No. 489; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. WHEREAS, on October 25, 1999, the City of Grand Island enacted Ordinance No. 8539 assessing and levying a special tax to pay the cost of construction of Sanitary Sewer District No. 489 in the City of Grand Island, Nebraska; and WHEREAS, the payment of assessments by property owners of such district was incorrectly scheduled for a five year period; and WHEREAS, such payment schedule should be for a term often (10) years. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 2 of Ordinance No. 8539 is hereby amended to read as follows: SECTION 2. The special tax shall become delinquent as follows: One- tenth of the total amount shall become delinquent in fifty days; 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; and one-tenth in nine years respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of fourteen percent (14.0%) per annum shall be paid thereof, until the same is collected and paid. Approved as to Form T ~ November 4, 1999 .i. City Attorney I I I ORDINANCE NO. 8542 (Cont.) SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: November 8, 1999. Attest: &rl~4t {~ Cindy K. Joson, C ty Clerk - 2 - Approved as to Form" ~ November 4, 1999 ... City Attomey I I I ORDINANCE NO. R'iL.1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF VARIOUS PURPOSE BONDS OF THE CITY OF GRAND ISLAND, NEBRASKA, IN THE PRINCIPAL AMOUNT OF THREE MILLION TWENTY -FIVE THOUSAND DOLLARS ($3,025,000) FORTHE PURPOSE OF PAYING THE COSTS OF FLOOD CONTROL IMPROVEMENTS IN THE WOOD RIVER FLOOD CONTROL PROJECT; IMPROVING STREETS AND INTERSECTIONS IN STREET IMPROVEMENT DISTRICT NO. 1222; DIRECTING THE APPLICATION OF THE PROCEEDS OF SAID BONDS; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE LEVY AND COLLECTION OF TAXES TO PAY THE SAME; PROVIDING FOR THE SALE OF THE BONDS; AUTHORIZING THE DELIVERY OF THE BONDS TO THE PURCHASER; AND ORDERING THE ORDINANCE PUBLISHED IN PAMPHLET FORM. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: Section 1. The Mayor and Council of the City of Grand Island, Nebraska hereby find and determine: that it is necessary and advisable to construct certain flood control improvements in the Wood River Flood Control Project in the City of Grand Island; that notice and hearing as provided t for in Section 16-6,108/R.R.S. Neb. 1997, has been held with respect to $1,100,000 in principal i amount of general obligation flood control bonds; that the contract for the work in said project has been awarded, and the' City's share of the estimated cost of constructing said improvements (including bond issuance expense) as reported by the City's engineer is expected to be not less than $1,100,000; for purposes of paying the cost of said improvements it is necessary and advisable for the Mayor and Council to authorize the issuance of general obligation Flood Control Bonds of the City in an amount not to exceed $1,100,000, pursuant to Sections 1S5-6,1 06 to 16~6,109, R.R.S. Neb. . 1997; and that all conditions, acts and things required by law to exist or to be done precedent to the issuance of general obligation Flood Control Bonds of the City in the principal amount of$l, 1 00,000 do exist and have been done as required by law. Section 2. The Mayor and Council hereby further find and determine: that pursuant to an ordinance heretofore duly enacted, Street Improvement District No. 1222 was created in said City I I I and that the contract has been entered into to construct certain street improvements in said District; that the City is authorized to construct street improvements in said district because insufficient objections were filed to the creation of said district after publication of notice as provided by law; that the State of Nebraska has contracted for. the work in said district; that the estimated cost for work in said district as described above is not less than $3,780,000; that the City's share of the cost of said improvements, as reported by the State of Nebraska and the City's Engineer, is expected to be not less than $1,887,000, of which $1,743,670 is District cost and $143,330 is the cost of improving intersections and areas formed by the crossing of streets, avenues or alleys and one-half of the streets adjacent to real estate owned by the City; that additional miscellaneous costs including issuance costs have been or are being incurred for said improvements; that after applying other funds available for such purpose, there still remains due and payable from the City on the district costs not less than $1,779,000 and on the intersection costs not less than $146,000; that all conditions, acts and things required by law to exist or to be done precedent to the issuance of Intersection Improvement Bonds in the amount of $146,000 pursuant to Section 16-626 RRS. Neb. 1997, and to the issuance of Street Improvement Bonds of said Districts in the amount of $1,779,000 pursuant to Section 16-623 RRS. Neb. 1997, do exist and have been done as required by law. Section 3. The Mayor and Council of the City of Grand Island, Nebraska, further find and determine: That all conditions, acts and things required to exist or to be done precedent to the issuance of Various Purpose Bonds of the City of Grand Island, Nebraska, in the principal amount of Three Million Twenty-Five Thousand Dollars ($3,025,000) under Sections 18-1801 and 18-1802 RRS. Neb. 1997, as amended, to pay the costs mentioned in Sections 1 and 2 hereof do exist and have been done as required by law. 2 I I I Section 4. For the purposes described in Sections 1 and 2, there shall be and there are hereby ordered issued, Various Purpose Bonds of the City of Grand Island, Nebraska, in the principal amount of Three Million Twenty-Five Thousand Dollars ($3,025,000) (the "Series 1999 Bondsll) with said bonds bearing interest at the rates per annum (said interest to be computed on the basis of a 360-day year consisting of twelve 30-day months) and maturing on December 15 of each year in the principal amounts as follows: Principal Amount $145,000 150,000 155,000 160,000 170,000 180,000 185,000 195,000 205,000 215,000 225,000 240,000 255,000 265,000 280,000 Interest Rate 4.15% 4.30 4.45 4.55 4.65 4.75 4.85 4.95 5.05 5.15 5.20 5.30 5.40 5.50 5.60 Date of Maturity December 15,2000 December 15, 2001 December 15,2002 December 15,2003 December 15,2004 December 15, 2005 December 15,2006 December 15, 2007 December 15,2008 December 15,2009- December 15,2010 December 15, 2011 December 15, 2012 December 15, 2013 December 15, 2014 The Series 1999 Bonds shall be issued in fully registered form in the denomination of$5,000 or any integral multiple thereof. The date of original issue for the Series 1999 Bonds shall be December 15, 1999. Interest on the Series 1999 Bonds, at the respective rates for each maturity, shall be payable on June 15,2000, and semiannually thereafter on December 15 and June 15 of each year (each of said dates an "futerest Payment Date") and the Series 1999 Bonds shall bear such interest from the date of original issue or the most recent futerest Payment Date, whichever is later. The interest due on each futerest Payment Date shall be payable to the registered owners of record as of the close of business on the last business day of the month immediately preceding the month in which the Interest 3 I I I 4 I I I Section 5. Cornerstone Bank, National Association, York, Nebraska, is hereby designated as Paying Agent and Registrar for the Series 1999 Bonds. Said Paying Agent and Registrar shall serve in such capacities under the terms of an agreement entitled "Paying Agent and Registrar's Agreement" between the City and said Paying Agent and Registrar, the form of which is hereby approved. The Mayor and City Clerk are hereby authorized to execute said agreement in substantially the form presented but with such changes as they shall deem appropriate or necessary. The Paying Agent and Registrar shall keep and maintain for the City books for the registration and transfer of the Series 1999 Bonds at its principal corporate trust office. The names and registered addresses of the registered owner or owners of the Series 1999 Bonds shall at all times be recorded in such books. Any Series 1999 Bond may be transferred pursuant to its provisions at the principal corporate trust office of said Paying Agent and Registrar by surrender of such Series 1999 Bond for cancellation, accompanied by a written instrument of transfer, in form satisfactory to said Paying Agent and Registrar, duly executed by the registered owner in person or by such owner's duly authorized agent, and thereupon the Paying Agent and Registrar on behalf of the City will deliver at its office (or send by registered mail to the transferee owner or owners thereof at such transferee owner's or owners' risk and expense), registered in the name of such transferee owner or owners, a new Series 1999 Bond or Series 1999 Bonds of the same interest rate, aggregate principal amount and maturity. To the extent of the denominations authorized for the Series 1999 Bonds by this Ordinance, one such bond may be transferred for several such bonds of the same interest rate and maturity, and for a like aggregate principal amount, and several such bonds may be transferred for one or several such bonds, respectively, of the same interest rate and maturity and for a like aggregate principal amount. In every case of transfer of a Series 1999 Bond, the surrendered Seriesn 1999 Bond or Bonds shall be canceled and destroyed. All Series 1999 Bonds issued upon transfer 5 I I I of the Series 1999 Bonds so surrendered shall be valid obligations of the City evidencing the same obligations as the Series 1999 Bonds surrendered and shall be entitled to all the benefits and protection of this Ordinance to the same extent as the Series 1999 Bonds upon transfer of which they were delivered. The City and said Paying Agent and Registrar shall not be required to transferany Series 1999 Bond during any period from any Record Date uritil its immediately following Interest Payment Date or to transfer any Series 1999 Bond called for redemption for a period of 3 0 days next preceding the date fixed for redemption. Section 6. In the event that payments of interest due on the Series 1999 Bonds on an Interest Payment Date are not timely made, such interest shall cease to be payable to the registered owners as of the Record Date for such Interest Payment Date and shall be payable to the registered owners of the Series 1999 Bonds as of a special date of record for payment of such defaulted interest as shall be designated by the Paying Agent and Registrar whenever monies for the purpose of paying such defaulted interest become available. Section 7. If the date for payment of the principal of or interest on the Series 1999 Bonds s~all be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city where the principal corporate trust office ofthe Paying Agent and Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. Section 8. Series 1999 Bonds maturing December 15,2005 and thereafter shall be subject to redemption, in whole or in part, prior to maturity at any time on or after December 15,2004, at par plus accrued interest on the principal amount redeemed to the date fixed for redemption. The 6 I I I City may select the Series 1999 Bonds to be redeemed in its sole discretion but the Series 1999 Bonds shall be redeemed only in amounts of$5,000 or integral multiples thereof. Series 1999 Bonds redeemed in part only shall be surrendered to said Paying Agent and Registrar in exchange for new Series 1999 Bonds evidencing the unredeemed principal thereof. Notice of redemption of any Series 1999 Bond called for redemption shall be given at the direction of the City by said Paying Agent and Registrar by mail not less than 30 days prior to the date fixed for redemption, first class, postage prepaid, sent to the registered owner of such Series 1999 Bond at said owner's registered address. Such notice shall designate the Series 1999 Bond or Series 1999 Bonds to be redeemed by maturity or otherwise, the date of original issue and the date fixed for redemption and shall state that such Series 1999 Bond or Series 1999 Bonds are to be presented for prepayment at the office of said Paying Agent and Registrar. In case of any Series 1999 Bond partially redeemed, such notice shall specify the portion of the principal amount of such Series 1999 Bond to be redeemed. No defect in the mailing of notice for any Series 1999 Bond shall affect the sufficiency of the proceedings of the City designating the Series 1999 Bonds called for redemption or the effectiveness of such call for Series 1999 Bonds for which notice by mail has been properly given and the City shall have the right to further direct notice of redemption for any such Series 1999 Bond for which de~ective notice has been given. Section 9. The Series 1999 Bonds shall be in substantially the following form: 7 I I I UNITED STATES OF AMERICA STATE OF NEBRASKA COUNTY OF HALL VARIOUS PURPOSE BOND OF THE CITY OF GRAND ISLAND, NEBRASKA SERIES 1999 No. $ Interest Rate Maturity Date December 15,_ Cusip No. Date of Original Issue December 15, 1999 Registered Owner: Principal Amount: Dollars ($ ) KNOW ALL PERSONS BY THESE PRESENTS: That the City of Grand Island, in the County of Hall, in the State of Nebraska, hereby acknowledges itself to owe and for value received promises to pay to the registered owner specified above, or registered assigns, the principal amount specified above in lawful money of the United States of America on the date of maturity specified above with interest thereon to maturity (or earlier redemption) from the date of original issue or most recent Interest Payment Date, whichever is later, at the rate per annum specified above, payable on June 15,2000, and semiannually thereafter on December 15 and June 15 of each year (each of said dates an "Interest Payment Date"). Said interest shall be computed on the basis of a 360-day year consisting of twelve 30-day months. The principal hereof and unpaid accrued interest hereon due at maturity or upon earlier redemption are payable upon presentation and surrender of this bond at the principal corporate trust office of Cornerstone Bank, National Association, the Paying Agent and Registrar, in York, Nebraska. Interest on this bond due prior to maturity or earlier redemption will be paid on each Interest Payment Date by a check or draft mailed by the Paying Agent and Registrar to the registered owner of this bond, as shown on the books of record maintained by the Paying Agent and Registrar, at the close of business on the last business day of the month immediately preceding the month in which the Interest Payment Date occurs, to such owner's registered address as shown on such books and records. Any interest not so timely paid shall cease to be payable to the person entitled thereto as of the record date such interest was payable, and shall be payable to the person who is the registered owner of this bond (or of oqe or more predecessor bonds hereto) on such special record date for payment of such defaulted interest as shall be fixed by the Paying Agent and Registrar whenever monies for such purpose become available. For the prorript payment of this bond, principal and interest, as the same become due, the full faith, credit and resources of said City are hereby irrevocably pledged. This bond is one of an issue of fully registered bonds of the total principal amount of Three Million Twenty-Five Thousand Dollars ($3,025,000), of even date and like tenor except as to date of maturity, rate of interest and denomination which were issued by the City for the purpose of paying the costs of improving streets and alleys, intersections and areas formed by the crossing of streets, avenues or alleys and streets adjacent to real estate owned by the City in Street Improvement 8 I I I District No. 1222 and of flood control improvements in the Wood River Flood Control Project, all in strict compliance with Sections 16-6,108, 16-623, 16-626, 18-1801 and 18-1802, R.R.S. Neb., as amended. The issuance of said bonds has been authorized by proceedings duly had and an ordinance legally passed, approved and published by the Mayor and Council of said City. Bonds of this issue maturing December 15, 2005 and thereafter are subject to redemption at the option of the City, in whole or in part, at any time on or after December 15, 2004, at par plus interest accrued on the principal amount redeemed to the date fixed for redemption. Notice of redemption shall be given by mail to the registered owner of any bond to be redeemed at said registered owner's address in the manner specified in the ordinance authorizing said issue ofbonds. Individual bonds may be redeemed in part but only in $5,000 amounts or integral multiples thereof. This bond is transferable by the registered owner or such owner's attorney duly authorized in writing at the office of the Paying Agent and Registrar upon surrender and cancellation of this bond, and thereupon a new bond or bonds of the same aggregate principal amount, interest rate and maturity will be issued to the transferee as provided in the ordinance authorizing said issue of bonds, subject to the limitations therein prescribed. The City, the Paying Agent and Registrar and any other person may treat the person in whose name this bond is registered as the absolute owner hereof for the purpose of receiving payment due hereunder and for all purposes and shall not be affected by any notice to the contrary, whether this bond be overdue or not. If the date for payment of the principal of or interest on this bond shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city where the principal corporate trust office of the Paying Agent and Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. IT IS HEREBY CERTIFIED AND WARRANTED that all conditions, acts and things required by law to exist or to be done precedent to 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 now exceed any limitation imposed by law. The City agrees that it will cause to be levied and collected annually a tax by valuation on all the taxable property in the City, in addition to all other taxes, sufficient in rate and amount to fully pay the principal and interest of said bonds as the same become due. This bond shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. 9 I I I IN WITNESS WHEREOF, the Mayor and Council ofthe City of Grand Island, Nebraska . , have caused this bond to be executed on behalf of the City with the facsimile signatures of the Mayor and the City Clerk and by causing the official seal of the City to be imprinted hereon or affixed hereto, all as of the date of original issue specified above. CITY OF GRAND ISLAND, NEBRASKA Mayor ATTEST: City Clerk (SEAL) 10 I I I CERTIFICATE OF AUTHENTICATION This bond is one of the bonds authorized by the Ordinance of the Mayor and City Council ofthe City of Grand Island, in the State of Nebraska, described in the foregoing bond. Cornerstone Bank, National Association, York, Nebraska Paying Agent and Registrar By: Authorized Signature (F orm of Assignment) For value received hereby sells, assigns and transfers unto (Social Security or Taxpayer LD. No. ) the within bond and hereby irrevocably constitutes and appoints , attorney, to transfer the same on the books of registration in the office of the within mentioned Paying Agent and Registrar with full power of substitution in the premises. Dated: Registered Owner( s) Signature Guaranteed By Authorized Officer(s) Note: The ~ignature(s) on this assignment MUST CORRESPOND with the name(s) as written on the face of the within bond in every particular, without alteration, enlargement or any change whatsoever, and must be guaranteed by a commercial bank or a trust company or by a firm having membership on the New York, Midwest or other stock exchange. 11 I I I Section 10. Each of the Series 1999 Bonds shall be executed on behalf of the City with the facsimile signatures of the Mayor and the City Clerk and shall have imprinted thereon the City's seal. The Series 1999 Bonds shall be issued initially as "book -entry-only" bonds under the services of The Depository Trust Company (the "Depository"), with one typewritten bond per maturity being issued to the Depository. In such connection said officers are authorized to execute and deliver a Letter of Representations (the "Letter of Representations") in the form required by the Depository (which may be in the form of a blanket letter, including any such letter previously executed and delivered), for and on behalf ofthe City, which shall thereafter govern matters with respect to registration, transfer, payment and redemption of the Series 1999 Bonds. With respect to the issuance of the Series 1999 Bonds as "book-entry-only" bonds, the following provisions shall apply: (a) The City and the Paying Agent and Registrar shall have no responsibility or obligation to any broker-dealer, bank or other fmancial institution for which the Depository holds Series 1999 Bonds as securities depository (each, a "Bond Participant") or to any person who is an actual purchaser of a Series '1999 Bond from a Bond Participant while the Series 1999 Bonds are in book-entry form (each, a "Beneficial Owner") with respect to the following: (i) the accuracy of the records of the Depository, any nominees of the Depository or any Bond Participant with respect to any ownership interest in the Series 1999 Bonds, (ii) the delivery to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any notice with respect to the Series 1999 Bonds, including any notice of redemption, or (iii) the payment to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the Series 1999 Bonds. The Paying Agent and Registrar shall make payments with respect to the Series 1999 Bonds only to or upon the order of the Depository or its nominee, and all such payments shall be valid and effective fully to satisfy and discharge the obligations with respect to such Series 1999 Bonds to the extent of the sum or sums so paid. No person other than the Depository shall receive an authenticated Bond, except as provided in ( e) below. 12 I I (b) Upon receipt by the Paying Agent and Registrar of written notice from the Depository to the effect that the Depository is unable or unwilling to discharge its responsibilities, the Paying Agent and Registrar shall issue, transfer and exchange Series 1999 Bonds requested by the Depository in appropriate amounts. Whenever the Depository requests the Paying Agent and Registrar to do so, the Paying Agent and Registrar will cooperate with the Depository in taking appropriate action after reasonable notice (i) to arrange, with the prior written consent ofthe City, for a substitute depositorywilling and able upon reasonable and customary terms to maintain custody of the Series 1999 Bonds or (ii) to make available Series 1999 Bonds registered in whatever name or names as the Beneficial Owners transferring or exchanging such Series 1999 Bonds shall designate. ( c) If the City determines that it is desirable that certificates representing the Series 1999 Bonds be delivered to the ultimate beneficial owners of the Series 1999 Bonds and so notifies the Paying Agent and Registrar in writing, the Paying Agent and Registrar shall so notify the Depository, whereupon the Depository will notify the Bond Participants of the availability through the Depository of bond certificates representing the Series 1999 Bonds. In such event, the Paying Agent and Registrar shall issue, transfer and exchange bond certificates representing the Series 1999 Bonds as requested by the Depository in appropriate amounts and in authorized denominations. (d) Notwithstanding any other provision of this Ordinance to the contrary, so long as any Series 1999 Bond is registered in the name ofthe Depository or any IJ,ominee thereof, all payments with respect to such Series 1999 Bond and all notices with respect to such Series 1999 Bond shall be made and given, respectively, to the Depository as provided in the Letter of Representations. (e) Registered ownership of the Series 1999 Bonds may be transferred on the books of registration maintained by the Paying Agent and Registrar, and the Series 1999 Bonds may be delivered in physical form to the following: (i) any successor securities depository or its nominee; (ii) any person, upon (A) the resignation of the Depository from its functions as depository or (B) termination of the use of the Depository pursuant to this Section and the terms of the Paying Agent and Registrar's Agreement. If for any reason the Depository resigns and is not replaced, the City shall immediately provide a supply of printed bond certificates for issuance upon the transfers from the Depository and I I I issuance of replacement certificates upon transfer or partial redemption, the City agrees to order printed an additional supply of such certificates and to direct their execution by manual or facsimile signatures of its then duly qualified and acting Mayor and City Clerk and by imprinting thereon or affixing thereto the City's seal. In case any officer whose signature or facsimile thereof shall appear on any Series 1999 Bond shall cease to be such officer before the delivery of such bond (including such certificates delivered to the Paying Agent and Registrar for issuance upon transfer or partial redemption), such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if such officer or officers had remained in office until the delivery of such bond. The Series 1999 Bonds shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. The City Treasurer shall cause the Series 1999 Bonds to be registered in the office of the Auditor of Public Accounts of the State of Nebraska. Thereafter the Series 1999 . Bonds shall be delivered to the Paying Agent and Registrar for registration and authentication. Upon execution, registration and authentication of the Series 1999 Bonds, they shall be delivered to the City Treasurer, who is authorized to deliver them to Ameritas Investment Corp., as initial purchaser thereof, upon receipt of 98.705% of the principal amount of the Series 1999 Bonds plus accrued interest thereon to date of payment for the Series 1999 Bonds. The officers of the City (or anyone of them) are hereby authorized to execute and deliver the Bond Purchase Agreement for and on behalf of the City. Said initial purchaser shall have the right to direct the registration of the Series 1999 Bonds and the denominations thereof within each maturity, subject to the restrictions of this Ordinance. The City Clerk shall make and certify a transcript of the proceedings of the Mayor and Council with respect to the Series 1999 Bonds which shall be delivered to said purchaser. 14 I I I Section 11. The proceeds of the Series 1999 Bonds shall be applied to the payment of costs as described in Sections 1 and 2 hereof, including the payment if any of warrant or other indebtedness incurred for the payment of certain of said costs and reimbursement to the City for costs advanced and to pay issuance costs. Any accrued interest received from the sale of the Series 1999 Bonds shall be applied to pay interest falling due on said Series 1999 Bonds on June 15,2000. Expenses of issuance of the Series 1999 Bonds may be paid frol11 the proceeds of the Series 1999 Bonds. Section 12. The City agrees that it shall cause to be levied and collected annually a special levy of "ta'{es on all the taxable property in the City, in addition to all other taxes, sufficient in rate and amount to fully pay the principal and interest of the Series 1999 Bonds when and as such principal and interest become due. Section 13. The City hereby covenants to the purchasers and holders of the Series 1999 Bonds hereby authorized that it will make no use of the proceeds of said bond issue, including monies held in any sinking fund for the Series 1999 Bonds, which would cause the Series 1999 Bonds to be arbitrage bonds within the meaning of Sections 1 03 (b) and 148 of the Internal Revenue Code of 1986, as amended (the 'JCode"), and further covenants to comply with said Sections 1 03 (b) and 148 and all applicable regulations thereunder throughout the term of said bond issue. The City hereby covenants and agrees to take all actions necessary under the Code to maintain the tax exempt status (as to taxpayers generally) of interest payable on the Series 1999 Bonds. The City hereby designates the Series 1999 Bonds as its "qualified tax-exempt obligations" pursuant to Section 265(b)(3)(B)(i)(III) of the Code and covenants and warrants that it does not reasonably expect to issue tax -exempt bonds or other tax-exempt obligations aggregating in principal amount more than 15 I I I $10,000,000 during calendar 1999. The officers of the City or anyone of them are hereby authorized to make allocations of bonds and proceeds to the various purposes of the Series 1999 Bonds under applicable regulations of the United States Treasury. Section 14. The City's obligations under this Ordinance with respect to any or all of the Series 1999 Bonds herein authorized shall be fully discharged and satisfied as to any or all of such Series 1999 Bonds and any such Series 1999 Bond shall no longer be deemed to be outstanding hereunder if such Series 1999 Bond has been purchased by the City and canceled or when the payment of the principal of and interest thereon to the respective date of maturity or redemption (a) shall have been made or caused to be made in accordance with the terms thereof or (b) shall have been provided for by depositing with the Paying Agent and Registrar for the Series 1999 Bonds or with a national or state bank having trust powers, or trust company, in trust, solely for such payment (i) sufficient money to make such payment or (ii) direct general obligations (including obligations issued or held in book entry form on the books of the Department of Treasury of the United States of America) of or obligations the principal and interest ofwmch are unconditionally guaranteed by the United States of America (herein referred to as "U.S. Government Obligations") in such amount and bearing interest payable and maturing or redeemable at stated fixed prices at the option of the holder as to principal, at such time or times, as will ensure the availability of sufficient money to make such payment; provided, however, that with respect to any Series 1999 Bond to be paid prior to maturity, the City shall have du1ycalled such bond for redemption and given notice of such redemption as provided by law or made irrevocable provision for the giving of such notice. Any money so deposited with such bank or trust company or with the Paying Agent and Registrar may be invested or reinvested in U.S. Government Obligations at the direction ofllie City, and all interest 16 I and income from U.S. Government Obligations in the hands of such bank ortmst company or Paying \ Agent and Registrar in excess of the amouIlt required to PC'.' principal of and interest on the Series 1999 Bonds for which such monies or U.S. Government Obligations were deposited shall be paid over to the City as and when collected. Section 15. In accordance with the requirements of Rule 15c2-12 (the "Rule") promulgated by the Securities and Exchange Commission, the City hereby agrees that it will provide the following continuing disclosure information: I (a) to each nationally recognized mumcipal securities information repository (a "NRMSIR") and to the Underwriter, the City shall provide annual financial and operating information generally consistent with the infornlation set forth under the heading "FINANCIAL STATEMENT" in the Official Statement for said bonds and its audited financial statements; such information is expected to be available not later than seven months after the end of each fiscal year for the City. Audited financial information shall be provided for governmental and fiduciary fund types based on the modified accrued basis, which is in conformity with generally accepted accounting principles, and as to proprietary fund types on an accrual basis in accordance with generally accepted accounting principles; (b) in a timely manner to each NRMSIR or to the Municipal Securities Rule Making Board ("MSRB "), notice of the occurrence of any of the following events with respect to the Series 1999 Bonds, if in the judgment of the City, such event is material: (1) principal and interest payment delinquencies, (2) non-payment related defaults, (3) unscheduled draws on debt service reserves reflecting [mancial difficulties (there are no debt service reserves established for the Series 1999 Bonds under the terms of the Ordinance), (4) unscheduled draws on credit enhancements reflecting financial difficulties (there is no credit enhancement on the Series 1999 Bonds); (5) substitution of credit or liquidity providers, or their failure to perform (not applicable to the Series 1999 Bonds); 17 I I (6) adverse tax opinions or events affecting the tax-exempt status of the Series 1999 Bonds, (7) modifications to rights of the Bondholders, (8) bond calls, (9) defeasances, (10) release, substitution, or sale of property securing repayment of the Series 1999 Bonds, and (11) rating changes (the Series 1999 Bonds are not rated and no rating for the Series 1999 Bonds is expected to be requested). The City has not undertaken to provide notice of the occurrence of any other material event, except the events listed above. (c) in a timely manner to each NRMSIR or to the Municipal Securities Rule Making Board ("MSRB") notice of any failure on the part of the City to provide required annual financial information not later than seven months from the close of the City's fiscal year. The City reserves the right to modify from time to time the specific types of information provided or the format of the presentation of such information, to the extent necessary or appropriate in the judgment of the City, consistent with the Rule. The City hereby agrees that such covenants are for the benefit of the registered owners of the Series 1999 Bonds (including Beneficial Owners) and that such covenants may be enforced by any registered owner or Beneficial Owner, provided that any such right to enforcement shall be limited to specific enforcement of such undertaking and any failure shall not constitute an event of default under the Ordinance. The continuing disclosure obligations of the City under the Ordinance, as described above, shall cease when none of the Series 1999 Bonds remain outstanding. 18 I I Section 16. The Preliminary Official Statement is hereby approved and the Mayor and City Clerk are hereby authorized to approve on behalf of the City a final Official Statement with any changes deemed appropriate by them. Section 17. This Ordinance shall be in force and take effect from and after its passage and publication in pamphlet form as provided by law. Passed and approved this c~ ,Kday ofMJtn,G/)-/!/v'" ,1999. 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'J'.tl.~ 19 I I I ORDINANCE NO. 8544 AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES OF THE CITY OF GRAND ISLAND, NEBRASKA, IN THE PRINCIP AL AMOUNT OF ONE MILLION FOUR HUNDRED TWENTY THOUSAND DOLLARS ($1,420,000) FOR THE PURPOSE OF PROVIDING INTERIM FINANCING FOR THE COSTS OF DESIGN SERVICES AND RIGHT OF WAY ACQillSITION FOR STREETTMPROVEMENT DISTRICT NO. 1221, PENDING THE ISSUANCE OF PERMANENT GENERAL OBLIGATION VARIOUS PURPOSE BONDS OF THE CITY; PRESCRIBING THE FORM OF SAID NOTES; AGREEING TO ISSUE THE CITY'S GENERAL OBLIGATION VARIOUS PURPOSE BONDS TO PAY THE NOTES AT MATURITY OR TO PAY THE NOTES FROM OTHER AVAILABLE FUNDS; ENTERING INTO A CONTRACT ON BEHALF OF THE CITY WITH THE HOLDERS OF SAID NOTES; AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM. BE IT ORDAINED BY THE MA YORAND CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: Section 1. The Mayor and Council hereby find and determine that the City has by ordinance created Street Improvement District No. 1221; that the City is authorized to construct street improvements in said district by virtue of the provisions of Sections 16-623 and 16-626, RRS. Neb. 1997, as amended; that the City has or shall incur costs for design services and right-of-way acquisition in said district of not less than $1,394,845.00. Section 2. The Mayor and Council further find and determine that it is therefore necessary and advisable that the City issue its notes pending permanent financing pursuant to Sections 16-623 and 16-626, 18-1801 and 18-1802, R.RS. Neb. 1997, as amended; that pursuant to Section 10-137, RRS. Neb. 1997, the City is authorized to issue notes for the purpose of providing temporary financing for the costs of the improvements in said district, and to pay the cost of issuing the notes; that all conditions, acts and things required by law to exist or to be done precedent to the issuance of Bond Anticipation Notes in the amount of $1,420,000 to pay such total estimated costs in said district do exist and have been done as required by law. Section 3. For the purpose of providing interim financing for the costs set out in Section 1, I I I pending the issuance of permanent general obligation Various Purpose Bonds by the City of Grand Island, there shall be andthere are hereby ordered issued notes of the City of Grand Island, Nebraska to be known as Bond Anticipation Notes, Series 1999 (the "1999 Notes" or "Notes"), of the aggregate principal amount of One Million Four Hundred Twenty Thousand Dollars ($1,420,000), with said notes bearing interest at the rate of 4.30% per annum (said interest to be computed on the basis of a 360-day year consisting of twelve 30-day months), and to become due on December 15, 2001. The Notes shall be issued in fully registered form in the denomination of $5,000 or any integral multiple thereof. The date of original issue for the Notes shall be December 15, 1999. Interest on the Notes shall be payable on June r 5, 2000, and semiannually thereafter on December 15 and June15 of each year (each of said dates an "Interest Payment Date") and the Notes shall bear such interest from the date of original issue or the most recent Interest Payment Date, whichever is later. The interest due on each Interest Payment Date shall be payable to the registered owners of record as of the close of business on the last business day of the month immediately preceding the month in which such Interest Payment Date occurs (the "Record Date"), subject to the provisions of Section 5 hereof. The Notes shall be numbered from 1 upwards in the order of their issuance. The initial numbering and principal amounts for each of the Notes shall be designated by the City Treasurer as directed by the initial purchaser thereof. Payments of interest due on the Notes prior to maturity or early redemption shall be made by the Paying Agent and Registrar, as designated pursuant to Section 4 hereof, by mailing a check or draft in the amount due for such interest on each Interest Payment Date to the registered owner of each Note, as of the Record Date for such Interest Payment Date, to such owner's registered address as shown on the books of registration as required to be maintained in Section 4 hereof. Payments of principal due at maturity or at any date fixed for -2- I I I redemption prior to maturity, together with any unpaid interest accrued thereon, shall be made by said Paying Agent and Registrar to the registered owners upon presentation and surrender of the Notes to said Paying Agent and Registrar. The City and said Paying Agent and Registrar may treat the registered owner of any Note as the absolute owner of such Note for the purpose of making payments thereon and for all other purposes and neither the City nor the Paying Agent and Registrar shall be affected by any notice or knowledge to the contrary, whether such Note or any installment of interest due thereon shall be overdue or not. All payments on account of interest or principal made to the registered owner of any Note in accordance with the terms of this ordinance shall be valid and effectual and shall be a discharge of the City and said Paying Agent and Registrar, in respect ofthe liability upon the Notes or claims for interest to the extent of the sum or sums so pai~. Section 4. Cornerstone Bank, National Association, York, Nebraska, is hereby designated as Paying Agent and Registrar for the Notes. Said Paying Agent and Registrar shall serve in such capacities under the terms of an agreement entitled "Paying Agent and Registrar's Agreement" between the City and said Paying Agent and Registrar, the form of which is hereby approved. The Mayor and City Clerk are hereby authorized to execute said agreement in substantially the form presented but with such changes as they shall deem appropriate or necessary. The Paying Agent and Registrar shall keep and maintain for the City books for the registration and transfer ofthe Notes at its prin,cipal corporate trust office. The names and registered addresses of the registered owner or owners of the Notes shall at all times be recorded in such books. Any Note may be transferred pursuant to its provisions at the principal corporate trust office of said Paying Agent and Registrar by surrender of such Note for cancellation, accompanied by a written instrument of transfer, in form satisfactory to said Paying Agent and Registrar, duly executed by the registered owner in person or -3- I I I by such owner's duly authorized agent, and thereupon the Paying Agent and Registrar on behalf of the City will deliver at its principal corporate trust office (or send by registered mail to the transferee owner or owners thereof at such transferee owner's or owners' risk and expense), registered in the name of such transferee owner or owners, a new Note or Notes of the same interest rate, aggregate principal amount and maturity. To the extent of the denominations authorized for the Notes by this Ordinance, one such Note may be transferred for several such Notes of the same interest rate and maturity, and for a like aggregate principal amount, and several such Notes may be transferred for one or several such Notes, respectively, of the same interest rate and maturity and for a like aggregate principal amount. In every case of transfer of a Note, the surrendered Note or Notes shall be canceled and destroyed. All Notes issued upon transfer of the Notes so surrendered shall be valid obligations of the City evidencing the same obligations as the Notes surrendered and shall be entitled to all the benefits and protection of this Ordinance to the same extent as the Notes upon transfer of which they were delivered. The City and said Paying Agent and Registrar shall not be required to transfer any Note during any period from any Record Date until its immediately following Interest Payment Date or to transfer any Note called for redemption for a period of 30 days next preceding the date fixed for redemption. Section 5. In the event that payments of interest due on the Notes on an Interest Payment Date are not timely made, such interest shall cease to be payable to the registered owners as of the Record Date for such Interest Payment Date and shall be payable to the registered owners of the Notes as of a special date of record for payment of such defaulted interest as shall be designated by the Paying Agent and Registrar whenever monies for the purpose of paying such defaulted interest become available. -4- I I I Section 6. If the date for payment of the principal of or interest on the Notes shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city where the principal corporate trust office of the Paying Agent and Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. Section 7. The Notes of this issue shall be subj ect to redemption, in whole or in part, prior to maturity at the option of the City at any time on or after December 15, 2000, at par plus accrued interest on the principal amount redeemed to the date fixed for redemption. The City may select the Notes to be redeemed in its sole discretion, but Notes shall be redeemed only in amounts of$5,000 or integral multiples thereof. Notes redeemed in part only shall be surrendered to the Paying Agent and Registrar in exchange for new Notes evidencing the unredeemed principal thereof. Notice of redemption of any Note called for redemption shall be given at the direction of the City by the Paying Agent and Registrar by mail not less than thirty days prior to the date fixed for redemption, first class, postage prepaid, sent to the registered owner of such Note at such owner's registered address. Such notice shall designate the Note or Notes to be redeemed by number, the date of original issue and the date fixed for redemption and shall state that such Note or Notes are to be presented for prepayment at the principal corporate trust office of the Paying Agent and Registrar. . In cas.e of any Note partially redeemed, such notice shall specify the portion of the principal amount of such Note to be redeemed. No defect in the mailing of notice for any Note shall affect the sufficiency of the proceedings of the City designating the Notes called for redemption or the -5- I I , effectiveness of such call for Notes for which notice by mail has been properly given and the City shall have the right to further direct notice of redemption for any such Note for which defective notice has been given. Section 8. The Notes shall be in substantially the following form: -6- I I UNITED STATES OF AMERICA STATE OF NEBRASKA COUNTY OF HALL BOND ANTICIPATION NOTE OF THE CITY OF GRAND ISLAND, NEBRASKA No. Interest Rate Maturity Date Date of Original Issue CUSIP No. December 15, 2001 December 15, 1999 Registered Owner: Principal Amount: Dollars KNOW ALL PERSONS BY THESE PRESENTS: That the City of Grand Island, in the COlillty of Hall, in the State of Nebraska, hereby acknowledges itself to owe and for value received promises to pay to the registered owner specified above, or registered assigns, the principal amount specified above in lawful money of the United States of America on the maturity date specified above with interest thereon to maturity (or earlier redemption) from the date of original issue or most recent interest payment date, whichever is later, at the rate per annum specified above, payable on June 15,2000 and semiannually thereafter on December 15 and June 15 of each year (each of said dates an "Interest Payment Date"). Said interest shall be computed on the basis of a 360-day year consisting of twelve 30-day months. The principal hereoftogether with any unpaid interest accrued thereon due at maturity or upon earlier redemption is payable upon presentation and surrender of this note at the principal corporate trust office of Comers tone Bank, National Association, Paying Agent and Registrar, in York, Nebraska. Interest on this note due prior to maturity or earlier redemption will be paid on each Interest Payment Date by a check or draft mailed by the Paying Agent and Registrar to the registered owner of this note, as shown on the books of record maintained by the Paying Agent and Registrar, at the close of business on the last business day of the month immediately preceding the month in which the Interest Payment Date occurs, to such owner's address as shown on such books and records. Any interest not so timely paid shall cease to be payable to the person entitled thereto as of the record date such interest was payable, and shall be payable to the person who is the registered owner of this note (or of one or more predecessor notes hereto) on such special record date for payment of such defaulted interest as shall be fixed by the P~ying Agent and Registrar whenever monies for such purpose become available. All notes of this issue are subject to redemption prior to maturity on December 15,2000, or at any time thereafter at par plus accrued interest on the principal amount redeemed to the date set for redemption. Notice of redemption shall be given by mail to the registered owner of any note to -7- I I j be redeemed, not less than thirty days prior to the date set for redemption, in the manner specified in the ordinance authorizing the issuance of said notes. Individual notes may be redeemed in part but only in the amount of $5,000 or any integral multiple thereof. This note is one of an issue of fully registered notes of the total principal amount of $1,420,000, of even date and like tenor herewith, except as to denomination, which were issued by the City for the purpose of providing interim financing for the costs for design services and right-of-- way acquisition in Street Improvement District No. 1221, pending the issuance of general obligation Various Purpose Bonds or other bonds of the City. The issuance of this note and the other notes of this issue has been lawfully authorized by an ordinance duly passed, approved and published by the Mayor and Council of the City of Grand Island in strict compliance with Section 10-137, Reissue Revised Statutes of Nebraska, 1997, as amended. The City hereby certifies and warrants that it has taken all actions necessary and appropriate for authorization of the construction of said improvements and agrees that the notes of this issue shall be paid from the proceeds of Various Purpose Bonds or other bonds issued by the City at or before the maturity of the notes of this issue. The City reserves the right to issue additional bond anticipation notes to pay additional costs of said improvements or other improvements or to payor redeem the notes of this issue. This note is transferable by the registered owner or such owner's attorney duly authorized in writing at the principal corporate trust office of Cornerstone Bank, National Association, York, Nebraska, as Paying Agent and Registrar, upon surrender and cancellation of this note and thereupon a new note or notes of the same aggregate principal amount will be issued to the transferee as provided in the ordinance authorizing said issue of notes, subject to the limitations therein prescribed. The City, the Paying Agent and Registrar and any other person may treat the person in whose name this note is registered as the absolute owner hereof for the purpose of receiving payment due hereunder and for all purposes and shall not be affected by any notice to the contrary, whether this note be overdue or not. If the date for payment of the principal of or interest on this note shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city where the principal corporate trust office of the Paying Agent and Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. IT IS HEREBY CERTIFIED AND WARRANTED that all conditions, acts and things required by law to exist or to be done precedent to and in the issuance of this note 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 the City, including this note, does notexceed any limitation imposed by law. -8- I I This note shall not be valid for any purpose until the Certificate of Authentication hereon shall have been signed by the Paying Agent and Registrar. IN WITNESS WHEREOF, the Mayor and Council of the City of Grand Island, Nebraska, have caused this note to be executed on behalf of the City with the signatures of its Mayor and City Clerk, both of which signatures may be facsimile signatures, and by having affixed hereto or imprinted hereon the City's seal, all as of the date of issue shown above. THE CITY OF GRAND ISLAND, NEBRASKA (SEAL) By: Mayor ATTEST: City Clerk -9- I I CERTIFICATE OF AUTHENTICATION This bond is one of the bonds authorized by the Ordinance of the Mayor and City Council of the City of Grand Island, in the State of Nebraska, described in the foregoing bond. Cornerstone Bank, National Association, York,.N ebraska Paying Agent and Registrar By: Authorized Signature (FORM OF ASSIGNMENT) For value received, hereby sells, assigns and transfers unto ' (Social Security or Taxpayer J.D. No. ) the within note and hereby irrevocably constitutes and appoints ' attorney, to transfer the same on the books of registration in the office of the within-mentioned Paying Agent and Registrar with full power of substitution in the premises. Dated: Registered Owner(s) Signature Guaranteed By Authorized Officer Note: The signature(s) of this assignment MUST CORRESPOND with the name(s) as written on the face of the within note in every particular, without alteration, enlargement or any change whatsoever, and must be guaranteed by a commercial bank or a trust company or by a firm having membership on the New York, Midwest or other stock exchange. -10- I I Section 9. Each of the Notes shall be executed on behalf of the City with the facsimile signatures of the Mayor and the City Clerk and shall have imprinted thereon the City's seal. The Notes shall be issued initially as "book-entry-only" notes under the services of The Depository Trust Company (the "Depository"), with one typeWritten note certificate per maturity being issued to the Depository. In such connection said officers are authorized to execute and deliver a Letter of Representations (the "Letter of Representations") in the form required by the Depository (which may be in the form of a blanket letter, including any such letter previously executed and delivered), for and on behalf ofthe City, which shall thereafter govern matters with respect to registration, transfer, payment and redemption of the Notes. Upon the issuance of the Notes as Itbook-entry-only" notes, the following provisions shall apply: (a) The City and the Paying Agent and Registrar shall have no responsibility or obligation to any broker-dealer, bank or other financial institution for which the Depository holds Notes as securities depository (each, a "Note Participant") or to any person who is an actual purchaser of a Note from aNote Participant while the Notes are in book-entry form (each, a "Beneficial Owner") with respect to the following: (i) the accuracy of the records of the Depository, any nominees of the Depository or any Note Participant with respect to any ownership interest in the Notes, (ii) the delivery to any Note Participant, any Beneficial Owner or any other person, other than the Depository, of any notice with respect to the Notes, including any notice of redemption, or (iii) the payment to any Note Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the Notes. The Paying Agent and Registrar shall make payments with respect to the Notes only to or upon the order of the Depository or its nominee, and all such payments shall be valid and effective fully to satisfy and discharge the obligations with respect to such Notes to the extent of the sum or sums so paid. No person other than the Depository shall receive an authenticated Note, except as provided in (e) below. -11- I I (b) Upon receipt by the Paying Agent and Registrar of written notice from the Depository to the effect that the Depository is unable or unwilling to discharge its responsibilities, the Paying Agent and Registrar shall issue, transfer and exchange Notes requested by the Depository in appropriate amounts. Whenever the Depository requests the Paying Agent and Registrar to do so, the Paying Agent'and Registrar will cooperate with the Depository in taking appropriate action after reasonable notice (i) to arrange, with the prior written consent of the City, fora substitute depository willing and able upon reasonable and customary terms to maintain custody of the Notes or (ii) to make available Notes registered in whatever name or names as the Beneficial Owners transferring or exchanging such Notes shall designate. (c) If the City determines that it is desirable that certificates representing the Notes be delivered to the ultimate beneficial owners ofthe Notes and so notifies the Paying Agent and Registrar in writing, the Paying Agent and Registrar shall so notify the Depository, whereupon the Depository will notify the Note Participants of the availability through the Depository of note certificates representing the Notes. In such event, the Paying Agent and Registrar shall issue, transfer and exchange note certificates representing the Notes as requested by the Depository in appropriate amounts and in authorized denominations. (d) Notwithstanding any other provision of this ordinance to the contrary, so long as any Note is registered in the name of the Depository or any nominee thereof, all payments with respect to such Note and all notices with respect to such Note shall be made and given, respectively, to the Depository as provided in the Letter of Representations. ( e) Registered ownership of the Notes may be transferred on the books of registration maintained by the Paying Agent and Registrar, and the Notes may be delivered in physical form to the following: (i) any successor securities depository or its nominee; (ii) any person, upon (A) the resignation of the Depository from its functions as depository or (B) termination of the use of the Depository pursuant to this Section and the terms of the Paying Agent and Registrar's Agreement. If for any reason the Depository resigns and is not replaced, the City shall immediately provide a supply of printed note certificates, duly executed by manual or facsimile signatures of the Mayor and City Clerk and sealed with the City's seal, for issuance upon the transfers from the Depository and -12- I I subsequent transfers or in the event of partial redemption. In the event that such supply of . certificates shall be insufficient to meet the requirements of the Paying Agent and Registrar for issuance of replacement certificates upon transfer or partial redemption, the City agrees to order printed an additional supply of such certificates and to direct their execution by manual or facsimile signatures of its then duly qualified and acting Mayor and City Clerk and by imprinting thereon or affixing thereto the City's seal. In case any officer whose signature or facsimile thereof shall appear on any Note shall cease to be such officer before the delivery of such Note (including such note certificates delivered to the Paying Agent and Registrar for issuance upon transfer or partial redemption), such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if such officer or officers had remained in office until the delivery of such Note. After execution of the Notes they shall be delivered to the Paying Agent and Registrar for registration and said Paying Agent and Registrar shall execute a certificate on each Note showing such registration and authentication thereof. Upon execution and registration of the Notes, they shall be delivered to the City Treasurer who is authorized to deliver them to Ameritas Investment Corp., as initial purchaser thereof upon receipt of 99.025% of the principal amount of the Notes plus accrued interest thereon to date of paYment for the Notes. The officers of the City (or anyone of them) are hereby authorized to execute and deliver the Note Purchase Agreement for and on behalf of the City. Said initial purchaser shall have the right to direct the registration of the Notes and the denominations, subject to the restrictions of this ordinance. Section 10. The City Clerk is hereby directed to make and certify a transcript of the proceedings of the City precedent to the issuance of said Notes which shall be delivered to the purchaser of said Notes. -13- I I Section 11. The City hereby covenants and agrees to take all steps necessary for the' completion of the improvements described in Section 1 hereof in such a manner that upon completion the City will be authorized to issue and sell its general obligation Various Purpose Bonds or other bonds to pay the costs of said improvements and hereby covenants and agrees to issue and sell its general obligation Various Purpose Bonds or other bonds in a sufficient amount and at such times as will enable it to take up and pay off the Bond Anticipation Notes herein ordered issued, both principal and interest, at or prior to maturity, to the extent not paid from other sources. The City reserves the right to issue additional bond anticipation notes for the purpose of paying further costs of the improvements described in Section 1 and for the purpose of paying costs of further public improvements of the City and further reserves the right to issue such notes for purposes of paying or refunding the Notes herein authorized at or prior to maturity. Section 12. The proceeds of the Notes of this issue shall be held by the City Treasurer in a separate fund (the "1999 Project Fund") and applied, upon order of the Mayor and Council, to pay costs described in Section 1 hereof and to pay issuance expenses for the Notes. Moneys in the 1999 Project Fund not required for immediate use may be invested in any investments which are permissible for a city of the class to which the City of Grand Island belongs. Section 13. The holders of the Notes of this issue shall be subrogated to all rights of the holders of any claims which are paid from the proceeds of said Notes. Section 14. The City hereby covenants to the purchasers and holders of the Notes hereby authorized that it will make no use of the proceeds of said Note issue, including monies held in any sinking fund for the Notes, which would cause the Notes to be arbitrage bonds within the meaning of Sections 103(b) and 148 of the Internal Revenue Code of 1986, as amended (the "Code"), and -14- I I further covenants to comply with said Sections 1 03(b) and 148 and all applicable regulations thereunder throughout the term of said issue. The City hereby covenants and agrees to take all actions necessary under the Code to maintain the tax exempt status (as to taxpayers generally) of interest payable on the Notes. The City hereby designates the Notes as its "qualified tax-exempt obligations" pursuant to Section 265(b)(3)(B)(i)(III) of the Code and covenants and warrants that it does not reasonably expect to issue tax-exempt bonds or other tax-exempt obligations aggregating in principal amount more than $10,000,000 during calendar 1999. Section 15. In accordance with the requirements of Rule 15c2-12 (the "Rule") promulgated by the Securities and Exchange Commission, the City hereby agrees that it will provide the following continuing disclosure information: (a) to each nationally recognized municipal securities information repository (a "NRMSIR") and to the Underwriter, the City shall provide annual financial and operating information generally consistent with the information set forth under the heading "FINANCIAL STATEMENT" in the Official Statement for said bonds and its audited [mancial statements; such information is expected to be available not later than seven months after the end of each fiscal year for the City. Audited financial information shall be provided for governmental and fiduciary fund types based on the modified accrued basis, which is in conformity with generally accepted accounting principles, and as to proprietary fund types on an accrual basis in accordance with generally accepted accounting principles; (b) in a timely marmer to each NRMSIR or to the Municipal Securities Rule Making Board ("MSRB"), notice of the occurrence of any of the following events with respect to the Notes, if in the judgment of the City, such event is material: (1) principal and interest payment delinquencies, (2) non-payment related defaults, (3) unscheduled draws on debt service reserves reflecting financial difficulties (there are no debt service reserves established for the Notes under the terms of the Ordinance), -15- I I (4) unscheduled draws on 'credit enhancements reflecting financial difficulties (there is no credit enhancement on the Notes); (5) substitution of credit or liquidity providers, or their failure to perform (not applicable to the Notes); (6) adverse tax. opinions or events affecting the tax. -exempt status of the Notes, (7) modifications to rights of the Noteholders, (8) note calls, (9) defeasances, (10) release, substitution, or sale of property securing repayment of the Notes, and (11) rating changes (the Notes are not rated and no rating for the Notes is expected to be requested). The City has not undertaken to provide notice of the occurrence of any other material event, except the events listed above. (c) in a timely manner to each NRMSIR or to the Municipal Securities Rule Making Board ("MSRB") notice of any failure on the part of the City to provide required annual [mancial information not later than seven months from the close of the City's fiscal year. The City reserves the right to modify from time to time the specific types of information provided or the format of the presentation of such information, to the extent necessary or appropriate in the judgment of the City, consistent with the Rule. The City hereby agrees that such covenants are for the benefit of the registered owners of the Notes (including Beneficial Owners) and that such covenants may be enforced by any registered owner or Beneficial Owner, provided that any such right to enforcement shall be limited to specific enforcement of such undertaking and any failure shall not constitute an event of default under the Ordinance. The continuing disclosure obligations -16- I I of the City Wlder the Ordinance, as described above, shall cease when none of the Notes remain outstanding. Section 16. The Preliminary Official Statement is hereby approved and the Mayor and City Clerk are hereby authorized to approve on behalf of the City a final Official Statement with any changes deemed appropriate by them. Section 17. This ordinance shall be published in pamphlet form and shall be in full force and effect from and after its passage as provided by law. PASSED AND APPROVED this c1;l , r day of _~g.~ tk'A"'I..JM/,- 1999. .---- ~ Mayor ~lfl~~~ ity ere (SEAL) -17- I * This Space Reserved for Register of Deeds * I I ORDINANCE NO. 8545 An ordinance to vacate an easement located in a portion of Lot One (1) Park Island Square Second Subdivision and a portion of Lot Two (2) Park Island Square Fourth Subdivision, all in the City of Grand Island, Hall County, Nebraska; to provide for filing this ordinance in the office of the Register of Deeds of Hall County; and to provide for publication and the effective date ofthis ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the sixteen (16.0) foot wide easement located in a portion of Lot One (1) Park Island Square Second Subdivision and in a portion of Lot Two (2) Park Island Square Fourth Subdivision, all in the City of Grand Island, Hall County, Nebraska, as shown on the drawing dated October 29, 1999, marked Exhibit "A", attached hereto and incorporated herein by reference, is hereby vacated: Approved as to Form T ~ November 19, 1999 '" City Attorney I I I ORDINANCE NO. 8545 (Cont.) SECTION 2. The title to the property vacated by Section 1 of this ordinance shall revert to the owner or owners of the real estate abutting the same in proportion to the respective ownership of such real estate. SECTION 3. This ordinance is directed to be filed in the office of the Register of Deeds ofRall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: November 22, 1999. K~~ Attest: - 2 - Approved as to Form T CI<fZ5 November 19, 1999 ... City Attorney I EIIIII.. 16' UIlIlI, EII....I I I Dale: Octaber 29,1999 > ~ I Seale: '": 100' ....... "l 'l I I I I I ElisH.. 26' UIlIIt, [11..,,1 , Puk 1,llnd ~~>)-- ~. . .. .. .... ::> .., - .. _~~ ~ r 1_8--'-C--'-1 ~__ ~ ~ ~r~ - -"""L -:r; l-;jI;gwuliiIi,~ '-;-;"/ - - P t. Lot 1 i-L ~ t 2 I Subdl,lllon Subdl,lllon - - - - " IWl ~~~ Lot 1 '" '" ,/ ./ ,- ,- ",'/ ./ ,/./ \~" /'" " "" .//// / / / /./ .......... -- DIE R S - U.S. HIGHWAY NO.281- EXHIBIT 'A' ~ 0Ct<-"'-'-1 R OCK-.,,-~A .:'oc. ~.. E _......... a S___~ DID HORTH M.. "0"0 P.O. BOX 549 a....HD 'SLAND, N..""SK" ..BaZ PHONE IlIDBjllBZ.147Z I * This Space Reserved for Register of Deeds * ORDINANCE NO. 8546 An ordinance to assess and levy a special tax to pay the cost of construction of I Street Improvement District No. 1212 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts and parcels of land specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 1212, as adjudged by the Council of said City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after I due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts and land as follows: Approved as to Form T {;fJI'!' November 19,1999 ... City Attorney I ORDINANCE NO. 8546 (Cont.) Name Description Assessment Dog House and John & Roccene Lot 1, Block 1, Dawn Addition 1,508.75 Baasch Dog House and John & Roccene Lot 2, Block 1, Dawn Addition 6,847.65 Baasch John D. Baasch Lot 1, Block 2, Dawn Addition 6,847.65 3H Partnership Lot 4, Block 2, Dawn Addition 13,684.53 3H Partnership North 30 feet of Lot 5, Block 2, Dawn Addition 1,589.33 Southlawn Apartments LLC East 131.57 feet of Lot 1, Block 1, Southlawn Subdivision 4,776.03 Southlawn Apartments LLC East 131.57 feet of Lot 2, Block 1, Southlawn Subdivision 1,060.61 Southlawn Apartments LLC East 131.57 feet of Lot 3, Block 1, Southlawn Subdivision 4,771.54 Kenneth W. & Rose Mary Staab Lot 2, Block 1, Trafalgar Square Subdivision 15,282.19 Mark A. & Darcy D. Hughes Lot 1, Block 2, Trafalgar Square Subdivision 15,272.72 Trafalgar Investmen LLC Lot 2, Block 2, Trafalgar Square Subdivision 3,342.80 Southlawn Apartments LLC Lot 1, Block 2, Southlawn Subdivision 4,574.99 Southlawn Apartments LLC Lot 2, Block 2, Southlawn Subdivision 4,736.47 I Southlawn Apartments LLC Lot 3, Block 2, Southlawn Subdivision 4,736.96 Southlawn Apartments LLC Lot 4, Block 2, Southlawn Subdivision 4,737.44 Southlawn Apartments LLC Lot 5, Block 2, Southlawn Subdivision 6,363.53 Southlawn Apartments LLC Lot 6, Block 2, Southlawn Subdivision 4,899.45 Southlawn Apartments LLC Lot 7, Block 2, Southlawn Subdivision 4,899.95 Southlawn Apartments LLC Lot 8, Block 2, Southlawn Subdivision 4,899.95 Southlawn Apartments LLC Lot 9, Block 2, Southlawn Subdivision 4,900.44 Southlawn Apartments LLC Lot 10, Block 2, Southlawn Subdivision 5,644.84 Kenneth W. Staab East 131.32 feet of Lot 1, Southlawn 2nd Subdivision 3,842.79 Kenneth W. Staab East 131.36 feet of Lot 2, Southlawn 2nd Subdivision 3,843.27 Kenneth W. Staab East 131.4 feet of Lot 3, Southlawn 2nd Subdivision 3,773.23 Kenneth W. Staab East 131.44 feet of Lot 4, Southlawn 2nd Subdivision 3,914.73 TOTAL $140,751.84 SECTION 2. The special tax shall become delinquent as follows: One-tenth of I the total amount shall become delinquent in fifty days; 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 Approved as to Form T ~ November 19, 1999 ... City Attorney - 2 - I I I ORDINANCE NO. 8546 (Cont.) years; one-tenth in seven years; one-tenth in eight years; and one-tenth in nine years respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of fourteen percent (14.0%) per annum shall be paid thereon, until the same is collected and paid. SECTION 3. The treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving District Assessment Fund" for Street Improvement District No. 1212. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: November 22, 1999. Attest: Approved as to Form" if November 19, 1999 ... Ci Attorney I * This Space Reserved for Register of Deeds * ORDINANCE NO. 8547 An ordinance to assess and levy a special tax to pay the cost of construction of I Street Improvement District No. 1218 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts and parcels of land specially benefited, for the purpose of paying the cost of construction of said Street hnprovement District No. 1218, as adjudged by the Council of said City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after I due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts and land as follows: ... Approved as to Form" C{fl.- November 19, 1999 '" City Attorney I I I ORDINANCE NO. 8547 (Cont.) Name Bosselman Tank & Trailer, Inc. Bosselman Tank & Trailer, Inc. Nebraska Truck Center Nebraska Truck Center Description Lot 1, Platte Valley Industrial Park Subdivision Lot 1, Platte Valley Industrial Park 2nd Subdivision Lot 2, Platte Valley Industrial Park 2nd Subdivision Lot 3, Platte Valley Industrial Park 2nd Subdivision Lot 1, Brennan Subdivision 28,589.75 140,011.96 37,421.14 51,852.23 76,620.54 $334,495.62 Assessment Father Flannagan's Boys Home TOTAL SECTION 2. The special tax shall become delinquent as follows: One-tenth of the total amount shall become delinquent in fifty days; 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; and one-tenth in nine years respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of fourteen percent (14.0%) per annum shall be paid thereon, until the same is collected and paid. SECTION 3. The treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving District Assessment Fund" for Street Improvement District No. 1218. - 2 - Approved as to Form T ~ November 19, 1999 .... City Attorney I I I ORDINANCE NO. 8547 (Cont.) SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: November 22, 1999. Ken~~ Attest: - 3 - Approved as to Form T (~ November 19, 1999 ... City Attorney I . This Space Reserved for Register of Deeds. ORDINANCE NO. 8548 An ordinance to assess and levy a special tax to pay the cost of construction of Sidewalk District No.1, 1999 ofthe City of Grand Island, Nebraska; to provide for the collection I of such special tax; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said Sidewalk District No.1, 1999, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon the lots, tracts, and lands as follows: I Approved as to Form T ~ November 19, 1999 ... City torney I I I ORDINANCE NO. 8548 (Cont.) Name Deborah L. McCarty Description Assessment That part of the SEY.. of SEY.. of Section 20-11-9 lying west 6,034.60 of Arthur Street and north of Stolley Park Road TOTAL 6,034.60 SECTION 2. The special tax shall become delinquent as follows: One-seventh of the total amount shall become delinquent in ten days after the date of this levy; one-seventh in one year; one seventh in two years; one-seventh in three years; one-seventh in four years; one- seventh in five years; and one-seventh in six years. Each of said installments, except the first, shall draw interest at the rate of seven percent per annum from the time of such levy until they shall become delinquent. After the same becomes delinquent, interest at the rate of fourteen percent per annum shall be paid thereon until the same is collected and paid. SECTION 3. The City Treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Sidewalk District Assessment Fund" for Sidewalk District No.1, 1999. SECTION 5. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: November 22, 1999. oved as to Form T ~ ember 19, 1999 .A. City Attorney I _ This Space Reserved for Register of Deeds _ I I ORDINANCE NO. 8549 An ordinance to direct and authorize the conveyance of property to the Grand Island Area Habitat for Humanity, Inc.,; to provide for the giving of notice of such conveyance and the terms thereof; to provide for the right to file a remonstrance against such conveyance; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The conveyance to the GRAND ISLAND AREA HABITAT FOR HUMANITY, INC., of a tract of land comprising of the southerly Sixty Four (64.0) feet of Lot One (1), Block One Hundred Twenty Nine (129), Union Pacific Railway Company's Second Addition to the City of Grand Island, Hall County, Nebraska, is hereby authorized and approved. SECTION 2. The consideration for such conveyance shall be One Dollar ($1.00). Conveyance of the real estate above described shall be by quit claim deed, upon delivery of the consideration. The City will not provide title insurance~ Approved as to Form" ~ November 19,1999 ... City Attorney I I I ORDINANCE NO. 8549 (Cont.) SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and publish such notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by registered voters of the City of Grand Island equal in number to thirty percent of the registered voters of the City of Grand Island voting at the last regular municipal election held in such City be filed with the City Council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed and confirmed; and if not remonstrance be filed against such conveyance, the Mayor shall make, execute and deliver to the GRAND ISLAND AREA HABITAT FOR HUMANITY, INC., 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 and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: November 22, 1999. - 2 - Approved as to Form ,. ~ November 19, 1999 ...City Attorney I I I ORDINANCE NO. 8549 (Cont.) Attest: - 3 - Approved as to Form T C?"P November 19, 1999 .& City Attorney I ...' * This Space Reserved for Register of Deeds * I I ORDINANCE NO. 8550 An ordinance to vacate an easement located in a portion of Lot One (1) Hamilton Subdivision in the City of Grand Island, Hall County, Nebraska; to provide for filing this ordinance in the office of the Register of Deeds of Hall County; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the twenty (20.0) foot wide easement located in a portion of Lot One (1) Hamilton Subdivision in the City of Grand Island, Hall County, Nebraska, as shown on the drawing attached hereto and incorporated herein by reference, and more particularly described as follows, is hereby vacated: Beginning at the southeast comer of Lot Eight (8), Mayer-Mehring Subdivision, said point also being a northeasterly comer of said Lot One (1); thence running southerly along the easterly most line of said Lot One (1), a distance of Twenty (20.0) feet; thence westerly along a line parallel to and Twenty (20.0) feet south of the south line of Lots Eight (8), Nine (9) and Ten (10) of Mayer-Mehring Subdivision a distance of One Hundred Ninety Two (192.0) feet; thence northerly ~ Approved as to Form T November 19. 1999 '" City At orney I I I ORDINANCE NO. 8550 (Cont.) along a line parallel to the east line of said Lot One (1) a distance of Twenty (20.0) feet to a point on the south line of said Lot Ten (10); thence east along the south line of said Lots Ten (10), Nine (9), and Eight (8) a distance of One Hundred Ninety Two (192.0) feet to the point of beginning. SECTION 2. The title to the property vacated by Section 1 of this ordinance shall revert to the owner or owners of the real estate abutting the same in proportion to the respective ownership of such real estate. SECTION 3. This ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: November 22,1999. Ken~~. Attest: ~1 Cindy K. Jo - 2 - Approved as to Form T ~ November 19, 1999 ... City Attorney I I I ,001 ,,1 3:1VJS ~Zt+- avotI HH3M , 'V~'d ,O'ooz f: -< ' . I . ~ 0 -< cc< ~< · ~ ~ ~ ~~.n~ .~ M] P:: N p.; .q. P:: ~ lo~ ~~ o~ ~~ o N ~ ~ / IOJ ..{> ". i v. / d~ l\i ~ ?\~,1- ---- "11\.G \). lit-- .---- :::---- \J.S . 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'z,\) I I I ORDINANCE NO. 8551 An ordinance to repeal Ordinance 8115 and Section 18-1 of the Grand Island City Code pertaining to natural gas rates; to establish and implement a schedule of rates for the sale of natural gas in the City of Grand Island, Nebraska; to repeal all ordinances and resolutions or parts thereof in conflict herewith; and to provide for publication in pamphlet form and the effective date of this ordinance. WHEREAS, the City Council of the City of Grand Island, Hall County, Nebraska, hereby finds and determines the following: (1) NorthWestern Public Service ("NorthWestern"), a division of NorthWestern Corporation, a Delaware corporation doing business in the State of Nebraska as a domesticated corporation, is a utility as defined by Section 19-4602(16) of the Municipal Natural Gas Regulation Act (the "Act"), maintaining and operating natural gas distribution systems in the Cities of Grand Island, Kearney and North Platte and in the Village of AIda, all in the State of Nebraska (the "Cities"). (2) Prior to April 1999, NorthWestern notified the Cities of the intent to change it~, rates charged to customers, pursuant to Section 19-4608 of the Act. (3) Effective with a filing date of June 1, 1999, NorthWestern presented to the Cities copies of present and proposed rate schedules and information supporting the proposed rates for natural gas service, pursuant to Sections 19-4610 and 19-4611 of the Act. (4) NorthWestern provided notice of its proposed rate increase, pursuant to Section 19-4615 of the Act. "- Approved as to Form T l1A.S December 17. 1999 ... City Attorney I I I ORDINANCE NO. 8551 (Cont.) (5) Representatives of NorthWestern and the Cities have met and discussed the rate filing, having exchanged information and have engaged in settlement discussions which have culminated in a proposed Settlement Agreement, dated November 2, 1999. (6) Such Settlement Agreement was approved by the City of Grand Island on October 11, 1999 by Resolution 99-322. (7) Under the terms of the Settlement Agreement, NorthWestern will receive an increase in annual revenues of$1,146,414. (8) The Settlement Agreement and adoption of the proposed rate ordinance will result in just and reasonable rates for NorthWestern's customers in the Cities. Based on these findings, the City Council of the City of Grand Island, Hall County, Nebraska, hereby concludes as a matter of law: (1) NorthWestern has followed all of the statutory mandates of the Act in presenting its request for a change in rates to the Cities. (2) The proposed settlement and the proposed rate ordinance will result in just and reasonable rates for NorthWestern's customers in the Cities, and the proposed rate ordinance should be adopted by the Cities. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Ordinance No. 8115 enacted June 12, 1995 with respect to the schedule of rates for the sale of natural gas in the City of Grand Island, Nebraska, is hereby repealed. SECTION 2. Section 18-1 of the Grand Island City Code, as currently existing, is hereby repealed and replaced with the following: - 2 - Approved as to Form " M..~ December 17, 1999 ... City Attorney I ORDINANCE NO. 8551 (Cont.) Section 18-1. Rates (A) Schedule of Maximum Rates. The rates charged by NorthWestern Public Service, a division of NorthWestern Corporation, a Delaware corporation, doing business in the state of Nebraska as a Domesticated Corporation, for natural gas supplied to customers in the City of Grand Island, Nebraska, unless otherwise approved by the Mayor and City Council, shall not exceed the following, effective October 2, 1999: Customer Charge Per Month Residential Service Rate No. 91 $ 5.00 per Meter General Service Rate No. 92 $ 6.00 per Meter Commercial & Industrial Rate No. 94 $80.00 per Meter Usage Charge - Rate No. 91 Non-Gas Gas First 30 Therms per month $0.23316 $0.47982 per Therm Over 30 Therms per month $0.09513 $0.47982 per Therm Usage Charge - Rate No. 92 First 400 Therms per month $0.11019 $0.47982 per Therm Next 1,600 Therms per month $0.05343 $0.47982 per Therm Over 2,000 Therms per month $0.03243 $0.47982 per Therm Usage Charge - Rate No. 94 All Therms per month $0.04530 $0.28664 per Therm Demand Charge - Rate No. 94 Standard Service (all Therms) $0.21910 $1.18450 per Therm I Extended Service First 500 Therms/day $0.24590 $0.33330 per Therm Over 500 Therms/day $0.00000 $0.33330 per Therm Minimum Monthly Charge: Shall equal the customer charge for Rate Nos. 91 and 92. Shall equal the amount oftherms of demand billed and the customer charge for Rate No. 94. Stand-by Capacity Charge: For Rate Nos. 91 and 92 customers that use natural gas as a back-up to an alternative fueled heating system, NorthWestern shall charge, in addition to the charges stated above, the following stand-by fee during the months of December through March: Rate No. 91 $12.00 per Meter Rate No. 92 $37.00 per Meter Bills will be rendered at monthly intervals. I (B) Gas Cost Adjustment. The foregoing rates for gas supplied in the period covered by any bill shall be increased or decreased from the foregoing schedule of rates as follows: (1) If at any time or from time to time, the rate authorized to be charged NorthWestern for any natural gas purchased by it on a firm supply basis for resale in Nebraska shall be increased or decreased (whether or not charged under bond) resulting in an average cost per therm to NorthWestern in excess of or less than the average cost per therm prior to application of such increase or decrease, the charge per therm, including the amount that is included in the minimum bill, for gas supplied in each subsequent billing period (beginning not earlier than the effective date of such increase or decrease) may be increased or shall be decreased accordingly. In addition, gas cost variances resulting from the purchase of non-traditional supplies will be added or deducted from charges set forth in filed rates included herein. (2) For the purposes hereof, the amount of any refund, including interest thereon, if any, received by NorthWestern from its supplier of charges paid and applicable to natural gas purchased on a firm basis in Nebraska Approved as to Form T ~ December 17, 1999 ... City Attorney - 3 - I I I ORDINANCE NO. 8551 (Cont.) shall be refunded to the customer as a reduction in billings over the succeeding twelve month period or other period determined appropriate. (3) Variances in actual gas cost incurred and gas cost recovered through unit sales rates will be measured monthly. Gas supply related costs collected from NorthWestern's Agency Sales Service will be credited to actual gas cost incurred. Resulting under or over cost recoveries will be spread to gas cost component of rates over the succeeding twelve month period following the filing of any gas cost adjustment. All accrued over or under variances shall be assessed a carrying charge which shall be the overall rate of return allowed by the Rate Area in NorthWestern's last general rate filing. (4) Any increase or decrease in rates because of gas cost adjustment hereinbefore provided for shall become effective immediately upon the filing with the City Clerk of the City of Grand Island of amended rates reflecting such increase or decrease. SECTION 3. Ordinances governing natural gas rates for NorthWestern and all other ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 4. When any municipality or other taxing authority imposes a franchise, occupation, business, sales, service, license, excise, privilege or similar tax of any kind on NorthWestern, the amounts thereof, or insofar as practical, shall be charged on a pro rata basis to all applicable customers receiving gas service from NorthWestern within the municipality. This charge, in all cases, will be in addition to the regular charges for gas service. Where such tax is levied on a percentage of gross receipts, from customers or a class of customers, that percentage will be applied to each affected customer's bill, and the amount so computed will be added to such bill. The amount of the tax charged to each affected customer in each billing period may be shown as a separate item on the customer's bill and identified as such. SECTION 5. This ordinance shall be in force and take effect from and after its final passage and publication in pamphlet form, as provided by law. Enacted: December 20, 1999. - 4 - Approved as to Form T 'bM.c::; December 17, 1999 ... City Attorney I I I Attest: ~~ I VLJ - 5 - Approved as to Form T f'tlS December 17, 1999 ... City Attorney