1994 Ordinances
ORDINANCE NO. 7980
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An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; changing the land use district of Lot One (1), Warren Subdivision in the
City of Grand Island, Hall County, Nebraska, from B2-General Business Zone to Ml-Light
Manufacturing Zone; directing that such zoning change and classification be shown on the
official zoning map of the City of Grand Island; amending the provisions of Section 36-7 of the
Grand Island City Code to conform to such reclassification;
WHEREAS, the Regional Planning Commission on January 5, 1994, held a public
hearing and recommended approval of the proposed zoning of such area; and
WHEREAS, notice as required by Section 79-4,151, RRS. 1943, has been given
to the Board of Education of School District No. 2 in Hall County, Nebraska; and
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WHEREAS, after public hearing on January 10, 1994, the City Council found and
determined that the change in zoning be approved and granted.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRANDISLAND,NEBRASKA:
SECTION 1. A tract of land comprising Lot One (1), Warren Subdivision in the
City of Grand Island, Hall County, Nebraska, be rezoned and reclassified and changed to MI-
Light Manufacturing Zone classification.
SECTION 2. That the official zoning map of the City of Grand Island, Nebraska,
be, and the same is, hereby ordered to be changed, amended, and completed in accordance with
this ordinance.
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SECTION 3. That the findings and recommendations of the Regional Planning
Commission and the City Council of the City of Grand Island are hereby accepted, adopted, and
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ORDINANCE NO. 7980 (Cont)
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made a part of this ordinance.
SECTION 4. That Section 36-7 of the Grand Island City Code and all ordinances
and parts of ordinances in conflict herewith are hereby amended to reclassify the above-described
area as herein ordered and determined.
SECTION 5. That this ordinance shall be in force and take effect from and after
its passage and publication within fifteen days in one issue of the Grand Island Independent as
provided by law.
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Enacted ~~ c1W I 111 .
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~~r7( il1L~
ERNEST L. DOBESH, Mayor
ATI'EST: ~ d-
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Cindy K. artWnght, City CI
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ORDINANCE NO. 7981
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An ordinance to amend Chapter 31 of the Grand Island City Code pertaining
to signs; to amend Section 31-20 pertaining to Signs In Residential Districts; to more
specifically set out the prohibition of certain signs; to add a new Section 31-34 to Chapter
31 pertaining to Public Signs; to set guidelines for use of public signs; to repeal the original
Section 31-20 and any other ordinances or parts of ordinances in conflict herewith; and to
provide the effective date of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND
COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. Section 31-20 of Chapter 31 of the Grand Island City Code
pertaining to signs in residential districts be and hereby is amended to read as follows:
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131-20.
Signs in Residential Districts
Except as otherwise provided in Sections 31-20 and 31-34, no signs of any nature
whatsoever shall be permitted in districts zoned, AG, TA, Rl, R2, R3, and R4 under
Chapter 36 of the Grand Island City Code. Nothing in this section shall prevent the use of
identification signs not to exceed twenty (20) square feet in the districts mentioned above.
The maximum allowable size of such identification sign may be increased by one (1) square
foot for each one and one-half (1.5) feet of setback from any adjacent property line up to a
maximum of thirty-two (32) square feet.
SECTION 2. Chapter 31 of the Grand Island City Code be and hereby is
amended by adding thereto Section 31-34 pertaining to public signs, to read as follows:
~31-34.
Public Signs
A sign which is owned and erected by or for the City of Grand Island, Hall County,
or any pubic or private nonprofit school may be placed in any zoning district, provided:
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a.
The sign is for public identification purposes only and shall not
advertise a product, service, or business activity;
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ORDINANCE NO. 7981 (Cont)
b.
The maximum size of such sign shall be 150 square feet.
SECTION 3. Section 31-20 of Chapter 31 of the Grand Island City Code as
heretofore existing, and any other ordinance 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.
Enactoo!Jt1V1.ilA1f 7- iff J q1' ~
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!lrI)e.t L. DQbesh, Mayor'
ATTEST:
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Cin(fy K. Cartwrig t, City Clerk
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ORDINANCE NO. 7982
An ordinance to amend Chapter 30 of the Grand Island City Code pertaining to
Sewers and Sewage Disposal; to amend Section 30-83 pertaining to Industrial Waste Surcharge;
to further define fees for hydrogen sulfide for discharge into the City's wastewater treatment
plant; to repeal Section 30-83 as heretofore existing; to provide for publication; and to provide
for the effective date of this ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCI~
OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. Section 30-83 of Chapter 30 of the Grand Island City Code be and
hereby is 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 at the
following rates effective on the dates as shown:
Effective BOD Charge SS Charge Oil & Grease Hydrogen Ammonia
Date ($/Ib over ($/Ib over ($/Ib over Sulfide ($/lb over
300 mg/l) 300 mg/l) 100 mg/I) ($/Ib over 30 mg/l)
Omg/l)
Jul 1, 1993 $0.1661 $0.0948 $0.0082 * None
Jan 1, 1994 $0.1771 $0.1120 $0.0082 * None
Jul 1, 1994 $0.1889 $0.1323 $0.0082 * None
Jan 1, 1995 $0.2014 $0.1562 $0.0082 * None
Jan 1, 1996 $0.2014 $0.1562 $0.0082 * $0.2676
*Hydrogen Sulfide charges for industries discharging directly into the City's wastewater
treatment plant = $6,500 per month plus $0.09 per pound.
Customer Charge
The specific costs incurred by the City associated with monitoring and
determining flow and strength.
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ORDINANCE NO. 7982 (Cont)
Industrial Four Part Charge
The industrial service four-part charges will be applied to those industrial users
who certify that their sewage contributions are less than normal strength wastewater, and
such customers shall be billed at the following charges as of the effective dates shown:
Effective Flow Charge Flow charge for
Date ($/hct) contributions
direct to
WWfP
($/hct)
Jul 1, 1993 $0.1786 $0.1485
Jan 1, 1994 $0.2123 $0.1765
Jul 1, 1994 $0.2524 $0.2099
Jan 1, 1995 $0.3000 $0.2495
BOD Charge SS Charge Oil & Grease Hydrogen Ammonia
($/Ib over ($/Ib over ($/Ib over Sulfide ($/Ib over 0
o mg/I) o mgll) o mg/I) ($/Ib over 0 mg/I)
mg/I)
Jul 1, 1993 $0.1661 $0.0948 $0.0082 * None
Jan 1, 1994 $0.1771 $0.1120 $0.0082 *. None
Jul 1, 1994 $0.1889 $0.1323 $0.0082 * None
Jan 1, 1995 $0.2014 $0.1562 $0.0082 * None
Jan 1, 1996 $0.2014 $0.1562 $0.0082 * $0.2676
*Hydrogen Sulfide charges for industries discharging directly into the City's wastewater
treatment plant = $6,500 per month plus $0.09 per pound.
Customer Charge - The specific costs incurred by the City associated with monitoring and
determining flow and strength and/or checking the users certification.
SECTION 2. Section 30-83 of the Grand Island City Code as heretofore existing
and any other ordinances or parts of ordinances in conflict herewith be and hereby are repealed.
ORDINANCE NO. 7982 (Cont)
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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 ~ +11 1 CI /Li~
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(901 I 190 ( (
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A~d f]A.~ /
Ernest L. DObesh,-Mlyor
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ORDINANCE NO. 7983
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An ordinance creating Water Main Connection District No. 414T in the City of
Grand Island, Hall County, Nebraska; defining the boundaries of the district; providing for the
laying of a water main in said district; providing for plans and specifications and securing bids;
providing for the 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 Connection District No. 414T in the City of Grand
Island, Hall County, Nebraska, is hereby created for the laying of a ten (10) inch main in State
Street from North Road to west of Diers A venue.
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SECTION 2. The boundaries of such water main connection district shall be as
follows:
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Beginning at the Southeast corner of the Northwest Quarter
(NWt.4) of Section Twelve (12), Township Eleven (11) North,
Range Ten (10) West of the 6th P.M.; thence westerly along the
southerly line of said Northwest Quarter (NWt.4) of Section
Twelve (12) a distance of one thousand nine hundred eighty-four
and seventy-five hundredths (1,984.75) feet; thence northerly
parallel to the westerly line of said Northwest Quarter (NW 1,4) of
Section Twelve (12) a distance of two hundred forty-five (245.0)
feet; thence westerly parallel to the southerly line of the Northwest
Quarter (NW t.4) of Section Twelve (12) a distance of five hundred
eleven and fifty-eight hundredths (511.58) feet; thence southerly
parallel to the said westerly line of said Northwest Quarter (NW t.4)
of Section Twelve (12) a distance of two hundred forty-five
(245.0) feet to a point on the said southerly line of Northwest
Quarter (NWt.4) of Section Twelve (12); thence westerly parallel
to the centerline of State Street and its extension a distance of one
hundred ninety (190.0) feet to a point on the westerly line of North
Road; thence southerly along the said westerly line of North Road
a distance of eighty-one (81.0) feet; thence easterly along the said
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ORDINANCE NO. 7983 (Cont)
centerline of State Street and its extension a distance of three
hundred seventy-three (373.0) feet; thence southeasterly and
continuing along the centerline of State Street a distance of five
hundred one and six-tenths (501.6) feet to a point, said point being
one hundred twenty (120.0) feet South of the said southerly line of
said Northwest Quarter (NW'A) of Section Twelve (12); thence
southerly parallel to the westerly line of the Southwest Quarter
(SW IA) of Section Twelve (12) a distance of one hundred ninety
(190.0) feet; thence easterly parallel with the said southerly line of
Northwest Quarter (NWIA) of Section Twelve (12) a distance of
two thousand sixty-three and thirty-four hundredths (2,063.34)
feet; thence northeasterly a distance of four hundred fifteen and
seventy-nine hundredths (415.79) feet to the Southwest corner of
Lot One (1), Toukan Second Subdivision; thence northerly along
the westerly line of Toukan Second Subdivision and its extension
a distance of three hundred eighty (380.0) feet; thence westerly
parallel with the southerly line of the Northeast Quarter (NE'A) of
Section Twelve (12) a distance of six hundred fifty-eight and two
hundredths (658.02) feet to a point on the westerly line of said
Northeast Quarter (NEIA) of Section Twelve (12); thence southerly
along the said westerly line of the Northeast Quarter (NEIA) of
Section Twelve (12) a distance of one hundred fifty (150.0) feet to
the point of beginning, all as shown on the plat marked Exhibit A
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, and
submit the same to the City Council, and, upon approval of the same, 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, based on the cost of an
eight (8) inch water main, pursuant to Section 16-6,103, R.R.S. 1943. The special benefits shall
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:URO'fNANCE" NO. 7983
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ORN. BY: K.J.M. SCALE: I = 400
DATE: 1/20/94 FILE: WM 414 T
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ORDINANCE NO. 7983 (Cont)
I not be levied as special assessments but shall be certified by resolution of the City Council to
the Hall County Register of Deeds. A connection fee in the amount of the 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 Connection District No. 414T for the
purpose of creating a sinking fund for the payment of bonds. Payment of the cost of
construction of Water Main Connection District No. 414T may be made by warrants drawn upon
the Water Surplus Account.
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SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval, and publication within fifteen days in one issue of the Grand Island Daily
Independent.
Enacted--'J bJwWM; I LI, ~9 rCf
A'~"Aj-,f'{1;;--A ./
~T L. h6~H, Mayor
t"ZtJ:1{ ~JAfu t15 L. +
Cindy K. Cartwright, City Clerk
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ORDINANCE NO. 7984
An ordinance to amend Chapter 15 of the Grand Island City Code; to amend
Section 15-40 pertaining to adoption of the 1993 Edition of the National Electrical Code; to
repeal Section 15-40 as now existing; to provide for publication; and to provide for the effective
date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRANDISLAND,NEBRASKA:
SECTION 1. Section 15-40 of Chapter 15 of the Grand Island City Code be and
hereby is amended to read as follows:
U5-40.
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, 1993 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, and the second paragraph of subsection (c) of Article 210-
52, which are not adopted and shall have no force or effect. Articles 333, 334,
and 350 are amended by ~ 15-44 of the Grand Island City Code.
c. One copy of the National Electrical Code, 1993 Edition, shall be on file in the
city clerk's office for public use and inspection as provided by law.
SECTION 2. Section 15-40 of Chapter 15 of the Grand Island City Code as
heretofore existing and any other 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~br{IL&iAJ- ILl, / qq.Lj
ATTEST:
Ir. ' . /. 'I /
Ui11t K cdlt./2tM .1--.7 .
indy K. Cartwrigh , City Clerk
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ORDINANCE NO. 7985
An ordinance creating Water Main Connection District No. 415T in the City of
Grand Island, Hall County, Nebraska; defining the boundaries of the district; providing for the
laying of a water main in said district; providing for plans and specifications and securing bids;
providing for the 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 Connection District No. 415T in the City of Grand
Island, Hall County, Nebraska, is hereby created for the laying of a sixteen (16) inch main in
13th Street from North Road to one-half mile East.
SECTION 2. The boundaries of such water main connection district shall be as
follows:
Beginning at the Southeast corner of the Southwest Quarter (SW 1,4)
of Section Twelve (12), Township Eleven (11) North, Range Ten
(10) West of the 6th P.M., Grand Island, Hall County, Nebraska;
thence northerly along the easterly line of the Southwest Quarter
(SW1A) of said Section Twelve (12) a distance of two hundred
forty (240.0) feet; thence westerly parallel to the southerly line of
the Southwest Quarter (SW1A) of said Section Twelve (12) a
distance of two hundred seventy-two and twenty-five hundredths
(272.25) feet; thence southerly parallel to the easterly line of the
Southwest Quarter (SWI,4) of said Section Twelve (12) a distance
of fifty-seven (57.0) feet; thence westerly parallel to the southerly
line of the Southwest Quarter (SW 1,4) of said Section Twelve (12)
a distance of two thousand two hundred seventeen and fifty-one
hundredths (2,217.51) feet to a point one hundred fifty (150.0) feet
East of the westerly line of the Southwest Quarter (SW 1,4) of said
Section Twelve (12); thence southerly parallel to the westerly line
of the Southwest Quarter (SWI,4) of said Section Twelve (12) a
distance of one hundred fifty (150.0) feet to a point on the
northerly right-of-way line of Thirteenth Street; thence westerly
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ORDINANCE NO. 7985 (Cont)
along the northerly right-of-way line of Thirteenth Street a distance
of one hundred eighty-three (183.0) feet to a point on the westerly
right-of-way line of North Road; thence southerly along the
westerly right-of-way line of North Road a distance of two
hundred sixteen (216.0) feet; thence easterly parallel to the
northerly line of the Northwest Quarter (NW t,4) of Section
Thirteen (13), Township Eleven (11) North, Range (10) West a
distance of two thousand six hundred seventy-two and seventy-six
hundredths (2,672.76) feet to a point on the easterly line of the
Northwest Quarter (NW1A) of said Section Thirteen (13); thence
northerly along the easterly line of the Northwest Quarter (NW 1,4)
of said Section Thirteen (13) a distance of one hundred eighty-
three (183.0) feet to the said point of beginning, all as shown on
the plat marked Exhibit A attached hereto and incorporated herein
by reference.
SECTION 3. Said improvement shall be made in accordance with plans and
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specifications prepared by the Engineer for the City, who shall estimate the cost thereof, and
submit the same to the City Council, and, upon approval of the same, bids for the construction
of 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, based on the cost of an
eight (8) inch water main, 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 of the City Council to
the Hall County Register of Deeds. A connection fee in the amount of the special benefit
accruing to each property in the district shall be paid to the City of Grand Island at such time
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as such property becomes connected to the water main in such district. No property thus
2
ORDINANCE NO. 7985 (Cont)
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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 Connection District No. 41ST for the
purpose of creating a sinking fund for the payment of bonds. Payment of the cost of
construction of Water Main Connection District No. 415T may be made by warrants drawn upon
the Water Surplus Account.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval, and publication within fifteen days in one issue of the Grand Island Daily
Independent.
Enacted CI~~Lj-- /((r /Cjq(!
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indy K. Cartwright, City Clerk
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GRAND . ISLAND
UTILITIES DEPARTMENT
PLAT TO ACCOMPANY
ORD1 NANCE NO. 7985
DRN. BY: K.J. M. SCALE: lit: 400'
DATE: 1/31/94 fiLE: WM 415T
ORDINANCE NO. 7986
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An ordinance to amend Ordinance No. 7950, known as the Annual Appropriation
Ordinance of the City of Grand Island, Nebraska; to allocate to the funds of such city the amount
to be raised by taxation for all municipal purposes, to service bonded indebtedness and pay police
and firemen's retirement and other city employee pensions for the fiscal year commencing on August
1, 1993, and ending on July 31, 1994; to amend certain expenses and liabilities; to provide for
severability; to repeal Ordinance No. 7950 and any other ordinance or ordinances in conflict
herewith; and to provide the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
An appropriation is hereby made for the ensuing fiscal year to defray all necessary
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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.
SECTION 1. GENERAL FUND.
General Government
Administration
Economic Development
Legislative
Mayor
City Clerk
Central Support Services
Finance
Legal
City Hall
Personnel & Purchasing
$138,622.00
51,000.00
65,335.00
50,064.00
115,581.00
104,377.00
988,079.00
230,726.00
102,263.00
216,974.00
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ORDINANCE NO. 7986 (Cont)
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Public Sqfety
Building Inspection
Fire
Emergency Medical Service
Communication/Civil Defense
Police Services
$256,767.00
2,052,742.00
805,106.00
583,462.00
3,020,723.00
Public Works
Engineering
Street and Transportation
$543,212.00
2,073.663.00
Environment and Leisure
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Planning
Health
Library
Parks
Cemetery
Recreation
Aquatics
Government Educational TV
Zoo
$93,602.00
142,444.00
659,927.00
710,994.00
256,963.00
78,315.00
304,935.00
66,670.00
100,000.00
Other Divisions
Non-Departmental
$195,332.00
SECTION 2. SPECIAL REVENUE FUNDS
Enhanced 911 Communications
Community Reinvestment Block Grant
Home Ownership Program
Home Program
Community Development
Rental Rehabilitation Grant 1991
Downtown Operations
Downtown Coordination
$146,400.00
55,800.00
90,000.00
485,500.00
1,053,280.00
59,923.00
97,870.00
59,113.00
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2
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ORDINANCE NO. 7986 (Cont)
I
SECTION 3. DEBT SERVICE FUNDS
Sanitary Improvement District No.1
Multi-Purpose Bond 1991
Refunding Bond 1987
Paving Sewer 1986/1988
Multi-Purpose Bond 1990
Tax Increment Bond 1988
Parking Facility Bond 1988
Downtown Improvement 1975
Paving Districts Assessments
SECTION 4. CAPITAL PROJECTS FUND
Capital Improvements
SECTION 5. ENTERPRISE FUNDS
I
Solid Waste
Golf Course
Racquet Center
Electric Utility
Water Utility
Sewer Utility
Total Enterprise Funds
SECTION 6. INTERNAL SERVICE FUNDS
Data Processing
Central Garage
General Insurance
Insurance Reserve
SECTION 7. FIDUCIARY FUNDS
Agency
Social Security
Employee Insurance
Savings Bonds
I
$92,650.00
132,200.00
381,700.00
583,170.00
301,250.00
35,150.00
42,135.00
40,000.00
10,500.00
$5,137,543.00
$4,248,463.00
470,441.00
53,780.00
27,875,430.00
3,446,650.00
24,349,522.00
$53,580,474.00
$320,076.00
682,826.00
551,500.00
466,657.00
$920,000.00
225,000.00
50,000.00
3
---
ORDINANCE NO. 7986 (Cont)
I Pension Trust Funds
Police and Fire Pension
Police Pension
Fire Pension
ICMA Trust
General Pension
Local Assistance Trust
Zoological Trust
Total Appropriation for All Funds
$253,897.00
128,984.00
138,000.00
20,000.00
585,000.00
304,352.00
15,000.00
$87,917.640.00
SECTION 8. 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 9. Ordinance No. 7950 and any other ordinance or ordinances in conflict herewith
I be and bereby are repealed.
SECTION 10. This ordinance shall be in force and take effect from and after its passage,
approval, and publication as provided by law, and as of August 1, 1993.
Enacted 7MULj~ /Cf;. /79 X
I
4
I
I
I
ORDINANCE NO. 7987
An ordinance directing and authorizing the conveyance of part of Lot 1, Sunset
Eighth Subdivision in the City of Hall County, Nebraska, in exchange for a part of Lot 2, Sunset
Eighth Subdivision; providing for the giving of notice of such conveyance and the terms thereof;
providing for the right to file a remonstrance against such conveyance; and providing the
effective date hereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The conveyance to JEFFREY OAKS, INC., a Nebraska
corporation, of the South 70 feet of Lot One (1), Sunset Eighth Subdivision in the City of
Grand Island, Hall County, Nebraska, is hereby authorized and directed.
SECTION 2. The consideration for such conveyance shall be the conveyance to
the City by Jeffrey Oaks, Inc., of the West 80 feet of the North 130 feet of Lot Two (2), Sunset
Eighth Subdivision. Conveyance of the real estate above described shall be by warranty deed,
upon delivery of a warrant deed for the property to be exchanged.
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 legal electors of the City of Grand Island
11'i'~sr;".}t. .. rflJ
ORDINANCE NO. 7987 (Cont)
I
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 JEFFREY OAKS, INC., a Nebraska corporation, 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
I
passage and publication within fifteen days in one issue of the Grand Island Independent, as
provided by law.
Enacte<t40hu ()}'Uj- / L/ f ! 9 91-:-
~u~~/
. rnest L. Dobes , Mayor
ATTEST:
n ~ mH I-. .. [
cAll[ (~lUU LU( [n /\.f
ndy K. Cartwright City Clerk
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I
ORDINANCE NO. 7988
I
An ordinance to amend Chapter 36 of the Grand Island City Code; to amend
Section 36-82 of Chapter 36 pertaining to Authorized Conditional Uses; to regulate private
wastewater treatment systems; to repeal Section 36-82 as it now exists; 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. Section 36-82 of Chapter 36 of the Grand Island City Code be and
hereby is amended to read as follows:
~ 36-82.
Authorized Conditional Uses
I
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.
I
1.;r.~;~r2.'; 131
ORDINANCE NO. 7988 (Cont)
I
7.
To reduce the required minimum side yard setback on a corner 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 drain field having a design
capacity of less 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.
SECTION 2. Section 36-82 of the Grand Island City Code as heretofore existing,
and any other 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
I
passage and publication within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted~* h/rU an; I (It I q 9 C(
,
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.~~. '. .
Ernest L. DOb~aYOr
Attest:
(!( ,n.J K {f dJl hU1 5' LJ-
C~dy K. Cartwright, City Clerk
I
ORDINANCE NO. 7989
I
An ordinance to amend Chapter 9 of the Grand Island City Code pertaining to
Cable Television; to amend Chapter 9 by adding Section 9-21 entitled Subscriber Fees and
Rates; to adopt regulations consistent with the Federal Communications Commission's
regulations; to repeal any ordinances or parts of ordinances, rules or regulations, in conflict
herewith; 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. Chapter 9 of the Grand Island City Code pertaining to Cable
Television be and hereby is amended by adding thereto Section 9-21, to read as follows:
~ 9-21. Subscriber Fees and Rates
A. It is the intention of the City, by the adoption of these provisions, to follow the
regulations established by the Federal Communications Commission for the regulation
of rates.
B.
The initial fees to be charged to subscribers for all services, including installation fees
and other one-time charges, shall be specified in any franchise agreement issued pursuant
hereto.
I
C.
Those fees and charges subject to regulation by the City pursuant to state and federal law
shall not be increased without prior review by the City.
D. In order to obtain City review for rate increases, the franchisee shall file a revised
schedule of rates with the City at least thirty days in advance of a proposed rate increase.
This filing shall specify the rates or fees to be increased and associated regulations which
may affect charges to the subscriber and the justification for said increases and charges.
The franchisee shall promptly submit any additional supporting information requested by
the City.
E. Within thirty days of the rate increase filing, the City shall schedule two public meetings
before the Council to hear ratepayer and franchisee comment on the proposed increase.
Following the public meeting, the Council may determine whether or not to grant the
proposed increase or a portion thereof prior to the expiration of the thirty-day period,
unless the thirty-day deadline is tolled by the City for an additional ninety days to
consider the request.
F.
At least thirty days prior to the proposed rate increase, each ratepayer or subscriber shall
be notified in writing by the franchisee of the changes in rates proposed.
I
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ORDINANCE NO. 7989 (Cont)
I
G.
Rates and charges may be reduced at any time without prior City approval, provided that
the reductions do not result in rates which are unreasonably discriminatory to any
subscriber or class of subscribers. Where temporary reductions are put into effect for
promotional purposes for a specified time period, the return to the permanent rates shall
not be considered a rate increase for purposes of this chapter. The City shall be notified
of all reductions in rates, whether permanent or temporary.
H. Rates and charges not subject to regulation by the City under state or federal law or
regulation may be changed by the franchisee following a minimum thirty days prior
notice to the City and the subscribers.
SECTION 2. Any ordinances or parts of ordinances, rules or regulations in
conflict with Section 1 above be and hereby are repealed.
SECTION 3. This ordinance shall be in force and take effect from and after its
passage, approval, and publication within fifteen days in one issue of the Grand Island
Independent.
I
Enacted; ~J h (fA a/Ltj ,2 ) I I (jCf4':
If
fJ~Jo{~
. ERNEST L. DOBESH, Mayor
A TrEST:
fi~ f< ~q~-f
indy'. K. 'Cartwright, c2ity Clerk
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ORDINANCE NO. 7990
An ordinance to amend Ordinance No. 7960, known as the Salary Ordinance which
classifies the officers and employees of the City of Grand Island, Nebraska and establishes the ranges of
compensation of such officers and employees; to change the pay grade of Senior Equipment Mechanic;
to establish the new job classifications of Systems Technician, Maintenance Worker I - Streets,
Maintenance Worker II - Streets, Senior Maintenance Worker - Streets, Equipment Operator - Streets,
Senior Equipment Operator - Streets, Equipment Mechanic - Streets, Fleet Maintenance Technician -
Streets, and Garage Attendant - Streets; to provide for a clothing allowance for Parking Monitor
classification; to include the established Personnel Rules benefit payment for unused sick leave; to
provide for retroactive calculation of pay for certain members of the A.F.S.C.M.E. bargaining unit; to
repeal Ordinance No. 7960 and all other ordinances in conflict with this ordinance; 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 classification of officers and 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 classification, and the number of hours and work period which certain such officers and
employees shall work prior to overtime eligibility are as follows:
Classification Pay Monthly Pay Overtime
Grade Range Min / Max Eligibility
Accountant 28 2062 / 2901 Exempt
Accounting Clerk I 7 1228 / 1727 40 hrs/week
Accounting Clerk II 11 1354/1905 40 hrs/week
Accounting Manager 35 2450 / 3448 Exempt
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ORDINANCE NO. 7990 (Cont)
Classification Pay Monthly Pay Overtime
Grade Range Min / Max Eligibility
Administrative Clerk 9 1290 /1814 40 hrs/week
Administrative Secretary 14 1458 / 2052 40 hrs/week
Administrative Services Director 46 3216/4524 Exempt
Assistant Finance Director 38 2639 / 3713 Exempt
Assistant Public Works Director 42 2912 /4099 Exempt
Assistant Utility Director 52 3728 / 5247 Exempt
Attorney 41 2842 / 3999 Exempt
Audio-Visual Technician 21 1734 / 2440 Exempt
Building Inspections Director 44 3060 / 4306 Exempt
Building Inspector 27 2011 / 2830 40 hrs/week
Building Permit Technician 14 1458 / 2052 40 hrs/week
Cemetery Superintendent 30 2167/3048 Exempt
City Administrator n/a* 4500 / 6400 Exempt
City Attorney 53 3822 / 5378 Exempt
City Clerk 33 2332 / 3282 Exempt
Civil Defense Coordinator 15 1495 /2103 40 hrs/week
Civil Engineer I 30 2167/3048 Exempt
Civil Engineer II 36 2512 / 3534 Exempt
Communications & Civil Defense Director 44 3060 / 4306 Exempt
Communications Supervisor 22 1778 /2501 Exempt
Community Development Director 40 2772 /3901 Exempt
Community Development Technician 18 1610/2265 40 hrs/week
Computer Operator 11 1354/1905 40 hrs/week
Computer Programmer 22 1778 /2501 40 hrs/week
Custodian 6 1198 /1685 40 hrs/week
Customer Service Clerk 11 1354 /1905 40 hrs/week
Data Processing Director 41 2842 / 3999 Exempt
Data Processing Supervisor 29 2113 /2974 Exempt
Classification Pay Monthly Pay Overtime
I Grade Range Min / Max Eligibility
Deputy Fire Chief 42 2912/4099 Exempt
Deputy Police Chief 43 2985 / 4201 Exempt
Downtown Development Director 40 2772 / 3901 Exempt
Electric Distribution Crew Chief 32 2276 / 3202 40 hrs/week
Electric Distribution Superintendent 45 3136/4414 Exempt
Electric Distribution Supervisor 38 2639 / 3713 40 hrs/week
Electric Underground & Substation Supt. 41 2842 / 3999 Exempt
Electric Underground & Substation Supv. 34 2390 / 3364 40 hrs/week
Electrical Engineer I 32 2276 / 3202 Exempt
Electrical Engineer II 38 2639 / 3713 Exempt
Electrical Inspector 27 2011/2830 40 hrs/week
Engineering Technician I 15 1495/2103 40 hrs/week
Engineering Technician II 23 1823 / 2564 40 hrs/week
Engineering Technician Supervisor 33 2332 / 3282 Exempt
Equipment Mechanic 15 1495 /2103 40 hrs/week
Equipment Mechanic - Streets 18 1610 /2265 40 hrs/week
Equipment Operator 12 1388 /1953 40 hrs/week
Equipment Operator - Streets 14 1458 / 2052 40 hrs/week
Finance Director 50 3550 / 4994 Exempt
.. Fire Captain 33 2332 / 3282 212 hrs128 days
jij:'::::, Fire Chief 49 3463 / 4872 Exempt
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i? Fire Fighter/EMT 21 1734 / 2440 212 hrs/28 days
IH Fire Fighter/Paramedic 28 2062 / 2901 212 hrs/28 days
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'-C-:':"- Fire Lieutenant 28 2062 / 2901 212 hrs/28 days
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~jll Fire Marshall 39 2705 / 3806 Exempt
jt) Fire Training Officer 39 2705 / 3806 Exempt
S/'
Fleet Maintenance Technician 12 1388 / 1953 40 hrs/week
Fleet Maintenance Technician - Streets 12 1388 /1953 40 hrs/week
Garage Attendant 6 1198 /1685 40 hrs/week
Garage Attendant - Streets 9 1290/1814 40 hrs/week
ORDINANCE NO. 7990 (Cont)
I Classification Pay Monthly Pay Overtime
Grade Range Min / Max Eligibility
Garage Superintendent 32 2276 / 3202 Exempt
Golf Course Superintendent 32* 2276 / 3999 Exempt
Grounds Management Crew Cbief 21 1734 / 2440 40 brs/week
Horticulturist 11 1354 / 1905 40 brs/week
Instrument Technician 30 2167 / 3048 40 hrs/week
Legal Assistant 24 1868 / 2628 . 40 hrs/week
Legal Secretary 21 1734 / 2440 40 hrs/week
Librarian 25 1914/2694 Exempt
Library Assistant 10 1322 / 1859 40 brs/week
Library Director 43 2985/4201 Exempt
Library Page 1 1059 / 1490 40 brs/week
Library Services Supervisor 33 2332 / 3282 Exempt
Lineman Apprentice 23 1823 / 2564 40 hrs/week
Lineman First Class 30 2167/3048 40 brs/week
In Lineman Second Class 25 1914/2694 40 brs/week
:~r Maintenance Mechanic I 10 1322 / 1859 40 hrs/week
}!!L..,
..i!..... Maintenance Mechanic II 18 1610 / 2265 40 brs/week
Maintenance Worker I 8 1259 / 1770 40 hrs/week
.."t""", Maintenance Worker I - Streets 5 1169 / 1644 40 hrs/week
?&t
"ll'/' Maintenance Worker II 10 1322 / 1859 40 hrs/week
~..: Maintenance Worker II - Streets 10 1322 / 1859 40 brs/week
<:....:>:...
,.;,::,.,.,. Materials Handler 26 1963 / 2761 40 brs/week
1
.~..."'. Meter Reader 7* 1228 / 1746 40 brs/week
S... Meter Reading Supervisor 23 1823 / 2564 Exempt
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is} Meter Tecbnician 14* 1458 / 2082 40 brs/week
:=.....
11 Paramedic Supervisor 39 2705 / 3806 Exempt
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'2:. Parking Monitor 1 1059 / 1490 40 brs/week
Parks and Recreation Assistant 10 1322 / 1859 40 hrs/week
ORDINANCE NO. 7990 (Cont)
I Classification Pay Monthly Pay Overtime
Grade Range Min 1 Max Eligibility
Parks and Recreation Director 45 3136/4414 Exempt
Parks Maintenance Superintendent 31 2220/3124 Exempt
Personnel Technician 14 1458 1 2052 40 hrs/week
Planning Director 48 3378 1 4753 Exempt
Planning Secretary 3 1112 1 1565 40 hrs/week
Planning Technician 17 1571/2210 40 hrs/week
Plumbing Inspector 27 2011 1 2830 40 hrs/week
Police Captain 34 2390 1 3364 Exempt
Police Chief 49 3463 1 4872 Exempt
Police Officer 23 1823 1 2564 40 hrs/week
Police Records Clerk 9 1290 1 1814 40 hrs/week
Police Sergeant 30 2167/3048 40 hrs/week
Power Dispatcher 27 2011 1 2830 40 hrs/week
Power Plant Maintenance Mechanic I 23 1823 1 2564 40 hrs/week
;: Power Plant Maintenance Mechanic II 30 2167 13048 40 hrs/week
~,. Power Plant Maintenance Supervisor 36 2512/3534 Exempt
.~... Power Plant Operations Supervisor 39 2705 1 3806 Exempt
.. Power Plant Operator I 23 1823 1 2564 40 hrs/week
)6:,,) Power Plant Operator II 30 2167/3048 40 hrs/week
I Power Plant Superintendent - Burdick 39 2705 1 3806 Exempt
I,.. Power Plant Superintendent - PGS 44 3060 1 4306 Exempt
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':iC':':'" Public Information Officer 18 1610/2265 Exempt
1< Public Works Director 51 3637 15119 Exempt
i Purchasing Agent 32 2276 1 3202 Exempt
<s>::: Purchasing Technician
14* 1458 12114 40 hrs/week
Recreation Superintendent 31 2220 1 3124 Exempt
Senior Accounting Clerk 14 1458 1 2052 40 hrs/week
Senior Administrative Secretary 22 1778 12501 40 hrs/week
ORDINANCE NO. 7990 (Cont)
I Classification Pay Monthly Pay Overtime
Grade Range Min / Max Eligibility
Senior Civil Engineer 41 2842 / 3999 Exempt
Senior Electrical Engineer 41 2842 / 3999 Exempt
Senior Engineering Technician 28 2062 / 2901 40 hrs/week
Senior Equipment Mechanic 23 1823 / 2564 40 hrs/week
Senior Equipment Operator 18 1610 / 2265 40 hrs/week
Senior Equipment Operator - Streets 18 1610 / 2265 40 hrs/week
Senior Library Assistant 12 1388 / 1953 40 hrs/week
Senior Maintenance Worker 17 1571 / 2210 40 hrs/week
Senior Maintenance Worker - Streets 18 1610 / 2265 40 hrs/week
Senior Materials Handler 30 2167 / 3048 40 hrs/week
Senior Meter Reader 11* 1354 / 1992 40 hrs/week
Senior Power Dispatcher 31 2220/3124 40 hrs/week
Senior Power Plant Operator 32 2276 / 3202 40 hrs/week
Senior Substation Technician 31 2220 / 3124 40 hrs/week
.... Senior Utilities Operator 32 2276 / 3202 40 hrs/week
II:!
..~:..". Senior Water Maintenance Worker 20 1691 / 2380 40 hrs/week
"I Solid Waste Superintendent 34 2390 / 3364 Exempt
Solid Waste Supervisor 23 1823 / 2564 40 hrs/week
:m: Street Superintendent 34* 2390 / 3416 Exempt
:lL Street Supervisor 24 1868 /2628 40 hrs/week
I Substation Technician 26 1963 / 2761 40 hrs/week
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........ Systems Technician 30 2167/3048 40 hrs/week
"~:
~: Telecommunicator/EMD 14 1458 /2052 40 hrs/week
e Tree Trim Crew Chief 29 2113 / 2974 40 hrs/week
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sF Turf Management Specialist 28 2062 / 2901 40 hrs/week
.,
l' Utilities Electrician 28 2062 / 2901 40 hrs/week
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Utilities Operator 25 1914/2694 40 hrs/week
Utilities Production Superintendent 48 3378 / 4753 Exempt
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ORDINANCE NO. 7990 (Cont)
Classification Pay Monthly Pay Overtime
Grade Range Min / Max Eligibility
Utility Director 58 4324 / 6084 Exempt
Utility Services Manager 35 2450 / 3448 Exempt
Utility Technician 33 2332 / 3282 40 hrs/week
Utility Warehouse Clerk 14* 1458 /2152 40 hrs/week
Utility Warehouse Supervisor 26 1963 / 2761 40 hrs/week
Wastewater Engineering/Operations Supt 41 2842 / 3999 Exempt
Wastewater Plant Filter Operator 12 1388 /1953 40 hrs/week
Wastewater Plant Maintenance Supervisor 26 1963 /2761 40 hrs/week
Wastewater Plant Operator I 8 1259 / 1770 40 hrs/week
Wastewater Plant Operator II 13 1424 / 2002 40 hrs/week
Wastewater Plant Process Supervisor 27 2011 / 2830 Exempt
Wastewater Plant Senior Operator 16 1532/2156 40 hrs/week
Water Maintenance Worker I 9 1290/1814 40 hrs/week
Water Maintenance Worker II 12 1388 /1953 40 hrs/week
Water Superintendent 32 2276 / 3202 Exempt
Water Supervisor 27 2011 /2830 40 hrs/week
Wireman I 25 1914/2694 40 hrs/week
Wireman II 30 2167/3048 40 hrs/week
Worker/Seasonal n/a* 648 / 2300 Exempt
W orkerlTemporary n/a* 648/1157 40/7
* Pay Schedule VariatiOll8
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~> SECTION 2. The classification of officers and employees included under labor agreements with
II the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential
',:,g:,"'"
as provided by contract) to be paid for such classification, and the number of hours and work period
which certain such officers and employees shall work prior to overtime eligibility are as stated above.
All full-time fire fighters, police officers, and ambulance attendants shall be paid a clothing and uniform
I
ORDINANCE NO. 7990 (Cont)
allowance in addition to regular salary. The range of this allowance is $55 to $76 per month. Full-time
police officers may also receive a reimbursement toward the purchase of body armor, not to exceed $240.
Full-time fire fighters may receive a one-time uniform acquisition allowance of $500. If any such fire
fighter, police officer, or ambulance attendant 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 in 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. 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 $6 per week. Public Works Department personnel in the job classifications
Senior Equipment Mechanic, Garage Superintendent, and Equipment Mechanic shall receive a tool
allowance of $5 per week.
Parking Monitors shall receive a one-time uniform acquisition allowance of $250 upon
employment and an annual allowance thereafter of $100.
SECTION 3. Employees shall be compensated for unused sick leave as follows:
a. The City will include in the second paycheck in January of each year payment for
an employee's unused sick leave in excess Of 120 days 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 120 days
ORDINANCE NO. 7990 (Cont)
I
accrual of the preceding year.
b. All employees except thos'e covered in the police department and fire department
bargaining agreements 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.
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 4. 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.
....~.....
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SECTION 5. 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.
J:t<:::::::
i SECTION 6. Ordinance No. 7960 and all other ordinances and parts of ordinances in conflict
I. herewith, be, and the same are, hereby repealed.
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SECTION 7. The salary ranges set forth in this ordinance shall be effective for the pay of City
employees as of the first day of the bi-weekly pay period beginning March 20/21, 1994.
SECTION 8. Present employees of the A.F.S,C,M.E. bargaining unit who are reclassified to
a job classifications of Senior Maintenance Worker -' Streets, Equipment Operator - Streets, Equipment
Mechanic - Streets, or Garage Attendant - Streets, prior to April 1, 1994 shall have their pay recalculated
retroactively to August 8, 1993 in accordance with the pay ranges established by this ordinance. This
ORDINANCE NO. 7990 (Cont)
I
payment is made as a correction of pay and not as an adjustment of pay. The City Council finds and
determines that said employees were not paid in accordance with the terms and conditions of their
collective bargaining agreement during the term for which correction is made. This correction is
necessary and appropriate to correct the amounts paid to equal the amounts contracted for and approved
for the 1993/1994 fiscal year.
SECTION 9. This ordinance shall be in full force and take effect from and after its passage and
publication in pamphlet form by the City Clerk.
Enacted March 7, 1994.
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.-' rnest L. Dobesh, Mayot -
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ORDINANCE NO. 7991
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An ordinance to amend Chapter 22 of the Grand Island City Code entitled Motor
Vehicles and Traffic; to amend Sections 22-103 and 22-104 of Chapter 22 to establish fines for
certain parking violations; to repeal the original Sections 22-103 and 22-104 as existing; and to
provide the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 22-103 of Chapter 22 of the Grand Island City Code be
and hereby is amended to read as follows:
~22-103.
Parking Fines
1.
If the police tag referred to in ~22-102 is attached because of unlawful parking
in a loading zone, obstructing traffic, parking too close to an intersection or fire
hydrant, or obstructing private driveways, violations of ~22-82, ~22-83, ~22-86,
~22-87, or ~22-88 of the Grand Island City Code, respectively, the violator shall
pay a fine of five dollars ($5.00) for each violation. .
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2. Violators shall pay a fine of three dollar ($3.00) for all other parking violations
of this chapter.
3. Fines must be paid at the Police Department.
SECTION 2. Section 22-104 of Chapter 22 of the Grand Island City Code be and
hereby is amended to read as follows:
~22-104.
Appearance In Response to Police Tag
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Persons receiving police tags for violations of this article 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 ~22-103. AIl persons
failing to report to the police department with such official police tag within five days shall pay
a fine often dollars ($10.00) for violations of ~ 22-103 (1), and six dollars ($6.00) for violations
of ~ 22-103 (2). Further, said persons shaIl also be in violation of the provisions of this Code
and subject to the penalties provided herein.
I;~li~i~~~:\';;;j~.. . .1
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ORDINANCE NO. 7991 (Cont)
SECTION 3. Sections 22-103 and 22-104 of Chapter 22 of the Grand Island City
Code as heretofore existing and any other 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 n[~ 7;!9Y'!-
~A~dT~ f)JlJ0
'nest L. Dobesh, Mayo~
I A~:f11~ IL-It
Ci~iWright, City G;";
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ORDINANCE NO. 7992
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AN ORDINANCE OF THE CITY OF GRAND ISLAND, NEBRASKA, AUTHORIZING THE
ISSUANCE OF SANITARY SEWER SYSTEM REVENUE BONDS, SERIES 1994, OF THE
CITY OF GRAND ISLAND, NEBRASKA, IN THE PRINCIPAL AMOUNT OF EIGHTEEN
MILLION FIFTY-FIVE THOUSAND DOLLARS ($18,055,000) FOR THE PURPOSE OF
PAYING THE COSTS OF ADDITIONS AND IMPROVEMENTS TO THE SEWAGE
DISPOSAL PLANT AND SANITARY SEWER SYSTEM; PLEDGING AND
HYPOTHECATING THE REVENUES AND EARNINGS OF SAID PLANT AND SYSTEM
FOR THE PAYMENT OF SAID BONDS; PRESCRIBING THE FORM OF SAID BONDS;
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 Council of the City of Grand Island, Nebraska, hereby
fmd and determine that the City owns and operates its own sewage disposal plant and sanitary
I sewer system which constitutes a revenue producing facility and undertaking within the meaning
of such term as set forth in Sections 18-1803 to 18-1805 R.R.S. Neb. 1943; that said plant and
system together with all additions and improvements thereto hereafter acquired or constructed
are herein referred to as the "Sewer System"; that it is necessary and advisable for the City to
construct additions and improvements to the Sewer System for which the estimated total cost is
not less than $16,101,400; that there is presently no outstanding indebtedness of the City,
bonded or otherwise, for which the revenues of the Sewer System have been pledged or
hypothecated in any manner; that all conditions, acts and things required by law to exist or to
be done precedent to the issuance of the City's Sewer System Revenue Bonds in the principal
amount of $18,055,000, do exist and have been done as required by law.
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Section 2. In addition to the defInitions provided in parentheses elsewhere in this
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Ordinance, the following defInitions of terms 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 Sewer '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 1994 Bonds, including all such bonds issued pursuant to Section 12
and refunding bonds issued pursuant to Section 13.
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(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 of the United
States of America, direct or unconditionally guaranteed, including any such
obligations issued in book entry form.
(e) the term "Net Revenues" shall mean the revenues derived by the City
from the ownership or operation of the Sewer 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 Sewer System, less the ordinary
expenses for operating and maintaining the Sewer System payable from the
Operation and Maintenance Account described in Section 10 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.
(t) the term "Paying Agent and Registrar" shall mean National Bank of
Commerce Trust and Savings Association, Lincoln, Nebraska, as appointed to act
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as paying agent and registrar for the Series 1994 Bonds pursuant to. Section 4
hereof, or any successor thereto.
Section 3. To provide funds for paying the costs of additions and improvements
to the Sewer System, there shall be and there are hereby ordered issued negotiable bonds of the
City of Grand Island, Nebraska, to be designated as "Sewer System Revenue Bonds, Series
1994" (the "1994 Bonds") in the aggregate principal amount of Eighteen Million Fifty-Five
Thousand Dollars ($18,055,000), with said bonds bearing interest at the rates per annum and
to become due on April 1 of the year as indicated below:
Maturing on Amount of Interest Rate
April 1 of Year Principal Maturing Per Annum
1995 $ 555,000 3.50%
1996 575,000 3.80
1997 595,000 4.10
1998 620,000 4.40
1999 650,000 4.60
I 2000 680,000 4.80
2001 710,000 5.00
2002 745,000 5.10
2003 785,000 5.20
2004 825,000 5.30
2005 870,000 5.45
2006 915,000 5.60
2007 965,000 5.75
2008 1,025,000 5.85
2009 1,080,000 5.90
2014 6,460,000 6.00
The 1994 Bonds due in the year 2014 are referred to herein for purposes of the provisions
related to scheduled mandatory redemptions as the "1994 Term Bonds". The 1994 Bonds shall
be issued in fully registered form in the denomination of $5,000 or any integral multiple thereof.
The date of original issue of the 1994 Bonds shall be April I, 1994. Interest on the 1994 Bonds,
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at the respective rate for each maturity, shall be payable on October I, 1994, and semiannually
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thereafter on April 1 and October 1 of each year (each an "Interest Payment Date"), and the
1994 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 of the fifteenth day of the 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 1994 Bonds shall be
numbered from 1 upwards in the order of their issuance. No 1994 Bond shall be issued origi-
nally or upon transfer or partial redemption having more than one principal maturity. The initial
bond numbering and principal amounts for each of the 1994 Bonds issued shall be as directed
by the initial purchaser thereof. Payments of interest due on the 1994 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 1994 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 redemption prior to maturity together with any unpaid interest
accrued thereon shall be made by the Paying Agent and Registrar to the registered owners upon
presentation and surrender of the 1994 Bonds to the Paying Agent and Registrar. The City and
the Paying Agent and Registrar may treat the registered owner of any 1994 Bond as the absolute
owner of such 1994 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
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knowledge to the contrary whether such 1994 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 1994 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 1994 Bonds or claims for interest to the extent of the sum or sums so paid.
Section 4. National Bank of Commerce Trust and Savings Association, Lincoln,
Nebraska, is hereby designated to serve as Paying Agent and Registrar for the 1994 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 in substantially the form presented in connection with the adoption of this Ordinance,
which form is hereby approved. The Mayor and City Clerk are hereby authorized to execute
said agreement on behalf of the City in the form presented or with such changes, modifications
and completions as such officers shall deem appropriate on behalf of the City. The Paying
Agent and Registrar shall keep and maintain for the City books for the registration and transfer
of the 1994 Bonds at its principal corporate trust office. The names and registered addresses
of the registered owner or owners of the 1994 Bonds shall at all times be recorded in such
books. Any 1994 Bond may be transferred pursuant to its provisions at the office of the Paying
Agent and Registrar by surrender of such 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 register such transfer and will deliver at
its office (or send by registered mail to the transferee owner or owners thereof at such transferee
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owner's or owners' risk and expense), registered in the name of such transferee owner or
owners, a new 1994 Bond or 1994 Bonds of the same interest rate, aggregate principal amount
and maturity. To the extent of the denominations authorized for the 1994 Bonds by this
Ordinance, one 1994 Bond may be transferred for several such 1994 Bonds of the same interest
rate and maturity and for a like aggregate principal amount, and several such 1994 Bonds may
be transferred for one or several such 1994 Bonds, respectively, of the same interest rate and
maturity and for a like aggregate principal amount. In every case of transfer of a 1994 Bond,
the surrendered 1994 Bond or 1994 Bonds shall be cancelled and destroyed. All 1994 Bonds
issued upon transfer of the 1994 Bonds so surrendered shall be valid obligations of the City
evidencing the same obligations as the 1994 Bonds surrendered and shall be entitled to all the
benefits and protection of this Ordinance to the same extent as the 1994 Bonds upon transfer of
which they were delivered. The City and said Paying Agent and Registrar shall not be required
to transfer any 1994 Bond during any period from any Record Date until its immediately
following Interest Payment Date or to transfer any 1994 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 1994 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 1994 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.
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Section 6. The 1994 Bonds maturing on or after April 1, 2005, shall be subject
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to redemption, in whole or in part, prior to maturity on October 1, 2004, or at any time
thereafter, at the respective redemption prices (expressed as percentages of the principal amount
to be redeemed) set forth below, together with accrued interest on the principal amount
redeemed to the date fIxed for redemption:
Period During Which Redeemed
(Both Dates Inclusive)
Redemption Price
October 1, 2004 to September 30, 2005
October 1, 2005 to September 30, 2006
October 1, 2006 and thereafter
101%
100.5%
100%
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 1994 Bonds for optional redemption in its sole
discretion. The 1994 Term Bonds are required to be redeemed prior to their stated maturity,
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commencing on April 1, 2010, and continuing on April 1 of each year thereafter, in part, from
monies required to be deposited by the City into the Bond Payment Account for such mandatory
redemption, which redemptions shall be in the years and for the principal amounts set forth
below:
Year of Redemption
Amount Required to be Redeemed
2010
2011
2012
2013
2014
$1,145,000
1,215,000
1,290,000
1,365,000
1,445,000 (fInal maturity)
Such scheduled mandatory redemptions shall be at a price equal to 100% of the principal amount
redeemed plus interest accrued on the principal amount being redeemed to the date fIxed for
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redemption. The Paying Agent and Registrar shall select the 1994 Term Bonds for mandatory
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redemption using any random method of selection deemed appropriate by the Paying Agent and
Registrar. The 1994 Bonds shall be redeemed only in amounts of $5,000 or integral multiples
thereof. Any 1994 Bond redeemed in part only shall be surrendered to said Paying Agent and
Registrar in exchange for a new 1994 Bond evidencing the unredeemed principal thereof.
Notice of redemption of any 1994 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, fITst class, postage prepaid, sent to the registered owner of such 1994
Bond at said owner's registered address. Such notice shall designate the 1994 Bond or 1994
Bonds to be redeemed by maturity or otherwise, the date of original issue and the date fIxed for
redemption and shall state that such 1994 Bond or 1994 Bonds are to be presented for pre-
payment at the principal corporate trust offIce of said Paying Agent and Registrar. In case of
any 1994 Bond partially redeemed, such notice shall specify the portion of the principal amount
of such 1994 Bond to be redeemed. No defect in the mailing of notice for any 1994 Bond shall
affect the sufficiency of the proceedings of the City designating the 1994 Bonds called for
redemption or the effectiveness of such call for the 1994 Bonds for which notice by mail has
been properly given and the City shall have the right to direct further notice of redemption for
any such 1994 Bond for which defective notice has been given.
Section 7. If the date for payment of the principal of or interest on the 1994
Bonds shall be a Saturday, Sunday, legal holiday or a day on which the 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
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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.
Section 8. The 1994 Bonds shall be in substantially the following form:
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UNITED STATES OF AMERICA
STATE OF NEBRASKA
COUNTY OF HALL
CITY OF GRAND ISLAND
SEWER SYSTEM REVENUE BOND
SERIES 1994
No.
$
Interest Rate
Date of
Original Issue
Maturity Date
CUSIP NUMBER
%
April 1, _
April 1, 1994
Registered Owner:
Principal Amount:
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, but only from the special sources hereinafter described, to the regis-
tered 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
October 1, 1994, and semiannually thereafter on April 1 and October 1 of each year (each, an
"Interest Payment Date"). 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 surren-
der 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 of this bond,
as shown on the books of record maintained by the Paying Agent and Registrar, at the close of
business on the fifteenth 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 bond (or of one or more predecessor bonds hereto) on such special record date for
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payment of such defaulted interest as shall be fIxed by the Paying Agent and Registrar whenever
monies for such purpose become available.
This bond is one of an issue of fully registered bonds of the total principal amount
of Eighteen Million Fifty-Five Thousand Dollars ($18,055,000) of even date and like tenor,
except as of the date of maturity, rate of interest and denomination, (the "Series 1994 Bonds")
which were issued by the City for the purpose of paying the costs of constructing additions to
and improving, extending and equipping the sanitary sewer system and sewage disposal plant
of the City of Grand Island, Nebraska, and is issued pursuant to the terms of an ordinance (the,
"Ordinance") passed and approved by the Mayor and Council of said City in accorctance with
and under the provisions of Sections 18-1803 to 18-1805, R.R.S. Neb. 1943.
Any or all of the bonds of said issue maturing on or after April 1, 2005, are
subject to redemption at the option of the City, in whole or in part, on October 1, 2004, or at
any time thereafter, at the respective redemption prices (expressed as percentages of the principal
amount to be redeemed) set forth below, together with accrued interest on the principal amount
redeemed to the date fIxed for redemption:
Period During Which Redeemed
(Both Dates Inclusive)
Redemption Price
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October 1, 2004 to September 30, 2005
October 1, 2005 to September 30, 2006
October 1, 2006 and thereafter
101%
100.5%
100%
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 1994 Bonds for optional redemption in its sole
discretion.
The Series 1994 Bonds due as term bonds in the year 2014 are required to be
redeemed prior to their stated maturity commencing on April 1, 2010, and continuing on April
1 of each year thereafter, in part, from monies required to be deposited by the City for such
mandatory redemptions into the "Bond Payment Account" established under the Ordinance,
which redemptions shall be in the years and for the amounts set forth below:
Year of Redemption
Amount Required to be Redeemed
2010
2011
2012
2013
2014
$1,145,000
1,215,000
1,290,000
1,365,000
1,445,000 (fInal maturity)
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Such mandatory redemptions shall be at a price equal to 100% of the principal amount redeemed
plus interest accrued on the principal amount being redeemed to the date I1xed for redemption.
The Paying Agent and Registrar shall select such Series 1994 Bonds for mandatory redemption
using any random method of selection deemed appropriate by the Paying Agent and Registrar.
Notice of redemption shall be given by mail to the registered owner of any Series
1994 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, 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 other
purposes and shall not be affected by any notice to the contrary, whether this bond be overdue
or not.
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If the day 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 date shall have the same force and effect as if made
on the nominal date of payment.
The revenues and earnings of the sanitary sewer system and sewage disposal plant
of the City, including all improvements and additions thereto hereafter constructed or acquired,
(the" Sewer System ") are pledged and hypothecated by the City for the payment of this bond and
the other Series 1994 Bonds and for the payment of any additional bonds of equal priority issued
in accordance with the terms of the Ordinance. The Series 1994 Bonds are a lien only upon said
revenues and earnings and are not general obligations of the City of Grand Island, Nebraska.
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The Ordinance sets forth the covenants and obligations of the City with respect
to the Sewer System and the applications of the revenues and earnings thereof, which revenues
and earnings under the terms of the Ordinance are required to be deposited to the "Grand Island
Sewer System Fund" (as established in the Ordinance) and disbursed to pay costs of operation
and maintenance of the Sewer System, make payments of principal and interest on the Series
1994 Bonds and any additional bonds of equal priority with the Series 1994 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 1994 Bonds may be issued. The
Ordinance also designates the terms and conditions upon which this bond shall cease to be
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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 trustee bank. In the Ordinance the City also reserves the right to issue bonds
or notes junior in lien to the Series 1994 Bonds and any additional bonds of equal priority to the
Series 1994 Bonds, the principal and interest of which shall be payable from monies in the
"Surplus Account" of the Grand Island Sewer 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
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ATTEST:
(facsimile signature)
Mayor
(facsimile signature)
City Clerk
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CERTIFICATE OF AUTHENTICATION
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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, Paying Agent and Registrar
Authorized Signature
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(FORM OF ASSIGNMENT)
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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
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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.
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Section 9. Each of the 1994 Bonds shall be executed on behalf of the City with
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the manual or facsimile signatures of the Mayor and City Clerk of the City. The 1994 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 of the City are authorized to execute and deliver
a Letter of Representations (the "Letter of Representations") in the form required by the
Depository, for and on behalf of the City, which shall thereafter govern matters with respect to
registration, transfer, payment and redemption of the 1994 Bonds. Upon issuance of the 1994
Bonds as "book-entry-only" bonds, the following provisions shall apply:
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(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 1994 Bonds as securities depository
(each, a "Bond Participant") or to any person who is an actual purchaser of a
1994 Bond from a Bond Participant while the 1994 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 1994 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 1994 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 1994 Bonds. The Paying Agent and Registrar
shall make payments with respect to the 1994 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 1994 Bonds to the extent of the
sum or sums so paid. No person other than the Depository shall
receive an authenticated Bond.
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(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 1994 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 of the 1994 Bonds or (ii) to make
available 1994 Bonds registered in whatever name or names the Beneficial
Owners transferring or exchanging such 1994 Bonds shall designate.
(c) If the City determines that it is desirable that certificates
representing the 1994 Bonds be delivered to the ultimate Beneficial Owners of the
1994 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 1994 Bonds. In such event, the Paying Agent
and Registrar shall issue, transfer and exchange bond certificates representing the
1994 Bonds as requested by the Depository in appropriate amounts and in
authorized denominations.
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(d) Notwithstanding any other provision of this Ordinance to the
contrary, so long as any 1994 Bond is registered in the name of the Depository
or any nominee thereof, all payments with respect to such 1994 Bond and all
notices with respect to such 1994 Bond shall be made and given, respectively, to
the Depository as provided in the Letter of Representations.
(e) Registered ownership of the 1994 Bonds may be transferred on the
books of registration maintained by the Paying Agent and Registrar, and the 1994
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.
If for any reason the Depository resigns and is not replaced or upon termination by the City of
book-entry-only form, the City shall immediately provide a supply of bond certificates for
issuance upon subsequent transfers or in the event of partial redemption. In the event that such
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supply of certificates shall be insufficient to meet the requirements of the 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 signature of its then duly qualified and acting officers. In case any
officer whose signature or facsimile thereof shall appear on any 1994 Bond shall cease to be
such officer before the delivery of such 1994 Bond (including any bond 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 1994 Bond. The
1994 Bonds shall not be valid and binding on the City until authenticated by the Paying Agent
and Registrar. The 1994 Bonds shall be registered with the office of the Auditor of Public
Accounts of the State of Nebraska. The 1994 Bonds shall be delivered to the Paying Agent and
Registrar for registration and authentication. Upon execution, registration and authentication of
the 1994 Bonds, they shall be delivered to the City's Treasurer, acting on behalf of the City,
who is authorized to deliver them to Smith Barney Shearson Inc., Chiles Heider Division, as
initial purchaser thereof. The 1994 Bonds are hereby sold to said purchaser for the sum of
$17,683,815.25 plus accrued interest on the principal amount of the 1994 Bonds to date of
payment for the 1994 Bonds, which sum represents a discount from stated principal amount in
the sum of $371,184.75 of which $48,450.00 is attributable to original issue discount upon sale
to the general public on the 1994 Term Bonds (a price of $99.25 for each $100 of principal),
$2,412.50 is attributable to the 1994 Bonds due in the year 2007 (a price of $99.75 for each
$100 of principal), $2,562.50 is attributable to the 1994 Bonds due in the year 2008 (a price of
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$99.75 for each $100 of principal) and $2,700.00 is attributable to the 1994 Bonds due in the
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year 2009 (a price of $99.75 for each $100 of principal). Said initial purchasers shall have the
right to direct the registration of the 1994 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 1994 Bonds which
shall be delivered to said purchaser. The 1994 Bonds shall also be registered in the office of
the City Treasurer (City Finance Director) as the chief fInance offIcer of the City pursuant to
the requirements of Section 10-201, R.R.S. Neb. 1943.
Section 10. The revenues and earnings of the Sewer System (including any and
all additions and improvements thereto hereafter acquired) are hereby pledged and hypothecated
for the payment of the 1994 Bonds and any Additional Bonds as authorized by this Ordinance
and interest on such 1994 Bonds and Additional Bonds and the City does hereby agree with the
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holders of said 1994 Bonds as follows:
(a) GRAND ISLAND SEWER SYSTEM FUND - The entire gross
revenues and income derived from the operation of the Sewer System shall be set
aside as collected and deposited in a separate fund which is hereby ordered
established to be designated as the "Grand Island Sewer System Fund." For
purposes of allocating the monies in the Grand Island Sewer 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 Sewer 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 Sewer System, and the City may withdraw funds
credited to the Operation and Maintenance Account as necessary from time to
time to pay such expenses.
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(c) BOND PAYMENT ACCOUNT - Out of the Grand Island Sewer
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 April 1994,
the following amounts:
(1)
For the period from April 1, 1994, until the 1994 Bonds
have been paid in full, an amount equal to 1I6th of the next
maturing semiannual interest payment on the 1994 Bonds;
and
(2) For the period from April 1, 1994, until the 1994 Bonds
have been paid in full, an amount equal to 1I12th of the
next maturing principal payment or next mandatory
redemption amount for the 1994 Bonds, as may then be the
next required payment for principal with respect to the
1994 Bonds.
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The City Treasurer is hereby authorized and directed, without further
authorization, to withdraw monies credited to the Bond Payment Account, or if
the monies in such Account are insufficient, then from the Debt Service Reserve
Account and next from the Surplus Account, in an amount sufficient to pay, when
due, the principal of and interest on the 1994 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.
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(d) DEBT SERVICE RESERVE ACCOUNT - The City agrees that
it shaH deposit from monies on hand or from bond proceeds the amount of
$1,536,282.50 as the amount required to be maintained attributable to the 1994
Bonds. Monies credited to the Debt Service Reserve Account may be withdrawn,
as needed to provide funds to pay, when due, the principal and interest on the
1994 Bonds and any Additional Bonds issued pursuant to this Ordinance, 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 Sewer 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 then required balance. Upon
the issuance of any Additional Bonds, the amount required to be accumulated and
maintained in the Debt Service Reserve Account shall be set at an amount not less
than the Average Annual Debt Service Requirements on the 1994 Bonds, any
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Additional Bonds then outstanding, and the proposed Additional Bonds. Any
such required increase shall be provided for either by credit made from the bond
proceeds or current funds of the Sewer System then available or by equal monthly
credits from the Grand Island Sewer System Fund made in such amounts so that
the required amount shall be accumulated in a period of not more than five years.
Any ordinance providing for the issuance of Additional Bonds may provide for
a reduction in the amount required to be maintained in the Debt Service Reserve
Account after the 1994 Bonds are no longer outstanding. Anything in this
Subsection lO(d) to the contrary notwithstanding, the amount required to be
maintained in the Debt Service Reserve Account with respect to the 1994 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.
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(e) SURPLUS ACCOUNT - Monies from the Grand Island Sewer
System Fund remaining after the credits required in the foregoing Subsections
lO(b), lO(c) and 10(d) shall be credited to the Surplus Account. Monies in the
Surplus Account may be used to make up any deficiencies in the preceding
Accounts, to retire any of the 1994 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 Sewer System, to provide for replacements or improvements
for the Sewer System, to provide for in lieu of tax payments in an amount not to
exceed 1 % of the gross revenues of the Sewer System in any fiscal year (as and
to the extent permitted by law), or to provide for any other purpose related to the
Sewer 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 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 Sewer
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 lO(b), lO(c), lO(d) and lO(e). Monies
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credited to the Debt Service Reserve Account shall, if maintained in a demand or time deposit
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account, be kept in a separate account and not commingled with other Sewer System funds or
accounts. If invested, monies credited to the Debt Service Reserve Account may be commingled
with other Sewer System funds or accounts so long as the City maintains books and records
clearly identifying the specific investments, or portions thereof, which belong to the Debt
Service Reserve Account.
Monies in any of said Accounts except the Debt Service Reserve Account may
be invested in investments permissible for a city of the first class. Monies in the Debt Service
Reserve Account shall be invested in Deposit Securities. Monies invested from the Debt Service
Reserve Account shall be invested to mature in not more than five 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
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Service Reserve Account. Income from or profit realized from investments for any Account
shall be credited to such Account until such Account contains any amount then required to be
therein, and thereafter such income or profit shall be transferred to the Grand Island Sewer
System Fund and treated as other revenues from the operation of the Sewer System.
Section 11. So long as any of the 1994 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 Sewer 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 1994 Bonds and any Additional Bonds issued pursuant to this Ordinance.
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(b) To pay all proper and necessary costs of operation and maintenance
of the Sewer System and to pay for the necessary and proper repairs,
replacements, enlargements, extensions and improvements to the Sewer System.
(c) To provide funds sufficient to make the credits into the Accounts
and at the times and in the amounts required by Section 10 of this Ordinance.
(d) To maintain Net Revenues in each fiscal year adopted by the City
for the Sewer System in an amount not less than 1.10 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 on the 1994 Bonds and
any Additional Bonds.
Section 12. To provide funds for any purpose related to the Sewer System, the
City may issue Additional Bonds, except for Additional Bonds issued for refunding purposes
which are governed by Section 13 of this Ordinance, payable from the revenues of the Sewer
System having equal priority and on a parity with the 1994 Bonds and any Additional Bonds then
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outstanding, only upon compliance with the following conditions:
(a) Such Additional Bonds shall be issued only pursuant to an
ordinance which shall provide for an increase in the monthly credits into the Bond
Payment Account in amounts sufficient to pay, when due, the principal of and
inter~st on the 1994 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 1 O( 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 Sewer
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 1994 Bonds and any Additional Bonds, all as then
outstanding, and of the proposed Additional Bonds; or
(2)
The City shall have received a projection made by a
consulting engineer or firm of consulting engineers,
recognized as having experience and expertise in municipal
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utility systems, projecting that the Net Revenues of the
Sewer System in each of the three full fiscal years after the
issuance of such Additional Bonds will be at least equal to
1.25 times the Average Annual Debt Service Requirements
of the 1994 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 Sewer System during the
last 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 of the Sewer 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 reasonable and
proper. Annual debt service on any proposed Additional
Bonds to be issued may be estimated by the consulting
engineer in projecting Average Annual Debt Service
Requirements, but no Additional Bonds shall be issued
requiring any annual debt service payment in excess of the
amount so estimated by the consulting engineer.
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The City hereby covenants and agrees that so long as any of the 1994 Bonds and
any Additional Bonds are outstanding, it will not issue any bonds or notes payable from the
revenues of the Sewer 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 1994 Bonds and any such Additional Bonds with the principal and interest on such bonds
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or notes to be payable from monies credited to the Surplus Account as provided in Subsection
to( e).
Section 13. The City may issue refunding bonds, which shall qualify as
Additional Bonds of equal lien to refund any 1994 Bonds or any Additional Bonds then
outstanding, provided, that, if any such 1994 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 13 may be issued as Additional Bonds of equal lien without
compliance with the conditions set forth in Subsection 12(b) of this Ordinance.
The City may also issue refunding bonds which shall qualify as Additional Bonds
of equal lien to refund any 1994 Bonds or Additional Bonds then outstanding, provided, that,
if any 1994 Bonds or Additional Bonds then outstanding are to remain outstanding after the
application of the proceeds of the refunding bonds to the payment of the bonds which are to be
refunded, such issuance must comply with the Net Revenues test set forth in Subsection 12(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 1994 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 of the bonds which are to be refunded. In computing
Average Annual Debt Service Requirements to show compliance with said Net Revenues test for
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such refunding bonds, all payments of principal and interest due on such refunding bonds from
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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 Sewer System (such as bond pr~eeds held in escrow or investment earnings thereon) or
from monies in the Surplus Account and all payments of principal and interest due on the bonds
which are to be refunded from and after the time of such application shall also be excluded. For
purposes of this paragraph of ,this Section 13, the time of application of the proceeds of the
refunding bonds to the satisfaction of the bonds which are to be refunded shall be the time of
deposit with the paying agent for such bonds which are to be refunded pursuant to Section 10-
126, R.R.S. Neb. 1943 (or any successor statutory provision thereto) or the time when such
bonds which are to be refunded under the terms of their authorizing ordinance or ordinances are
I no longer deemed to be outstanding, whichever occurs sooner.
Section 14. So long as any 1994 Bonds or Additional Bonds are outstanding, the
City hereby covenants and agrees as follows:
(a) The City will maintain the Sewer 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 Constitution and statutes of the State of Nebraska, but this covenant shall not
prevent the City from discontinuing the use and operation of all or any portion
of the Sewer System so long as the revenues derived from the City's ownership
of the properties constituting the Sewer System shall be sufficient to fulfill the
City's obligations under Section 11 of this Ordinance.
(b) The City will not grant any franchise or right to any person, firm
or corporation to own or operate a sewer system in competition with the Sewer
System.
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(c) The City will maintain insurance on the property constituting the
Sewer System (other than such portions of the system as are not normally
insured) against risks customarily carried by. similar utilities, but including frre
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 Sewer 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 Sewer System and
shall eviden~e 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 Sewer 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.
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(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 Sewer System. The City will have its
operating and fmancial statements related to the Sewer System audited annually
by a certified public accountant or firm of certified public accounts. The City
will furnish to the original purchaser of the 1994 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 Sewer System, a copy
of the fmancial statements of the Sewer System and the report thereon of the
certified public accountants.
(e) The City shall cause each person handling any of the monies in the
Grand Island Sewer 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 be paid as an operating and maintenance expense from the
Operation and Maintenance Account.
Section 15. 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 1994 Bonds issued pursuant to this Ordinance and any such bonds shall no
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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 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 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 1994 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 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, 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 16. The terms and provisions of this Ordinance do and shall constitute
a contract between the City and the registered owner or owners of the 1994 Bonds and no
changes, variations or alterations of any kind, except for changes necessary to cure any
ambiguity, formal defect or omission, shall be made to this Ordinance without the written
consent of the registered owners of two-thirds (2/3rds) in principal amount of the 1994 Bonds
then outstanding, provided, however, that neither the principal and interest to be paid upon any
1994 Bond nor the maturity date of any 1994 Bond shall be changed without the written consent
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of the registered owners of all such bonds then outstanding. Any registered owner of a 1994
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 of the foregoing, the
enforcement of the performance of all duties required of the City by this Ordinance and the
applicable laws of the State of Nebraska, including in such duties the collecting of revenues of
the Sewer System and the segregation and application of such revenues as described in
Section 10 of this Ordinance. After any default in payment or other default in performance, the
registered owners of the 1994 Bonds or any Additional Bonds shall be entitled to the
appointment of a receiver for the Sewer System. Any and all actions brought by any registered
owner or owners of the 1994 Bonds or Additional Bonds shall be maintained for the equal and
ratable benefit of all registered owners of the 1994 Bonds and Additional Bonds outstanding and
no registered owners of any of the 1994 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 17. 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 of the 1994 Bonds contemplated by this Ordinance.
The Preliminary 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.
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Section 18. Any accrued interest received upon the sale of the 1994 Bonds shall
be deposited to the Bond Payment Account and applied to make the next payments of interest
falling due on the 1994 Bonds. The net principal proceeds of the 1994 Bonds shall be held in
a separate construction account of the City of Grand Island and shall be applied to the cost of
improvements to the Sewer System upon order of the Mayor and Council.
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
of the other provisions of this Ordinance.
Section 20. The City hereby covenants and agrees that it will make no use of the
proceeds of the 1994 Bonds which would cause the 1994 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, including all requirements with respect
to payment and reporting of rebates. The City hereby covenants to take all action necessary to
preserve the tax -exempt status of the interest on the 1994 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 1994 Bonds to constitute "private activity bonds" within the
meaning of Section 141 of the Code.
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Section 21. This Ordinance shall be in force and take effect from and after its
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passage and approval as provided by law and shall be published in pamphlet form.
PASSED AND APPROVED this 7th day of March, 1994.
~~~~42JloL
-- Mayor
A'ITEST:
CAUt~vtl1"! J
City Clerk
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IMITH BARNEYSHB'\RSON
March 7, 1994
Mayor and Council
City of Grand Island
Nebraska 68802
Dear Mayor and Council:
Smith Barney Shearson Inc., Chiles Heider Division, hereby offers to
purchase for our account as an underwriter not less than $18,055,000 of
Sewer System Revenue Bonds, 1994 Series, issued by the City of Grand
Island, Nebraska, (the "Bonds"), at the aggregate purchase price for the
Bonds of $17,683,815.25 (which includes original issue discount of
$56,125 and underwriter's discount of $315,059.75), plus interest accrued
on the Bonds from April 1, 1994 to the date of the payment for and
delivery of the Bonds (the "Closing"), and an average interest cost to
maturity of 5.90042%, subject to compliance with the following terms:
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1.
The fully registered, DTC - Book-Entry Only Bonds will be in
denomination of $5,000 or integral multiples thereof, will be
dated April 1, 1994, mature serially April 1, 1995 through
April 1, 2009, and term bond maturing April 1, 2014 with
mandatory sinking redemptions, bear interest as shown on the
attached schedule, and will be redeemable prior to maturity
anytime on or after October 1, 2004 at a redemption price of
101%, declining to par on October 1, 2006, plus accrued interest
to date of redemption.
2. Not later than seven business days from the date of the
ordinance authorizing issuance of the Bonds we shall have been
furnished with an Official Statement, acceptable in form to us.
There shall not exist at closing any conditions which would
cause any of the statements in the Official Statement to be
incorrect in any material aspect and there shall not exist any
material omissions from the Official Statement.
3.
Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, as Bond
Counsel shall have delivered their opinion that the Bonds have
been validly issued, that the ordinance authorizing the issuance
of the Bonds has been validly adopted and is in full force and
effect, that the Bonds are binding obligations of the City, that
the interest on the Bonds is exempt from income taxation by the
United States of ~nerica under existing laws and that under
existing laws of the State of Nebraska is not includable in
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SMITH BARNEY SHEARSON INC.
9394 WEST DODGE ROAD
SUITE 110
OMAHA. NE 681 14
(402) 399-6199
(402) 399-6\9 I Fax Number
Page Two
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computing Nebraska state income taxes, and that the Bonds are
not deemed to be arbitrage bonds within the meaning of Sections
l03(b) and 148 of the Internal Revenue Code of 1986, as amended
(the "Code").
4.
There shall not exist between the date hereof and closing any of
the following circumstances:
(a) Additional material restrictions not in force as of the
date hereof shall have been imposed upon trading in
securities generally by any governmental authority or by
any national securities exchange;
(b) The New York Stock Exchange or other national securities
exchange, or any governmental authority, shall impose, as
to the Bonds or obligations of the general character of the
Bonds, any material restrictions not now in force, or
increase materially those now in force, with respect to the
extension of credit by, or the charge to the net capital
requirements of the Underwriter;
(c) A general banking moratorium shall have been established by
federal, New York or Nebraska authorities;
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(d) The occurrence of any default with respect to the
obligations of, or proceedings have been instituted under
the federal bankruptcy laws or any similar state laws by or
against any state of the United States or any city located
in the United States having a population in excess of one
million persons or any entity issuing obligations on behalf
of such city or state which, in our opinion, materially
adversely affects the market price of the Bonds;
(e) A war involving the United States shall have been declared,
or a war involving the armed forces of the United States
shall have escalated but not been declared, or any other
national emergency relating to the effective operation of
government or the financial community shall have occurred,
which, in our opinion, materially adversely affects the
market price of the Bonds;
(f) Any action, suit, proceedings, inquiry or investigation at
law or in equity or before or by any court, public board or
body shall be pending or threatened, which, in our opinion,
could adversely affect either the City or the marketing,
sale and delivery of the Bonds.
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Page Three
5. We will pay all of our out-of-pocket expenses, expenses of
underwriting and selling the Bonds, including the printing and
distribution of the preliminary and final Official Statement,
preparation of Bonds and DTC/CUSIP/MSRB/PSA charges. The City
will pay the fees of Bond Counsel, rating agency fees, fees of
the Paying Agent/Registrar and local legal fees.
6. Closing will take place on or about April 12, 1994. Our
purchase of the Bonds will be subject to our receipt of an
unqualified opinion of bond counsel as to the legality and tax
exemption of the Bonds, and receipt of nonlitigation and other
usual closing papers.
Your acceptance of this offer, subject to the preceding qualifications,
shall be acknowledged by execution of the following acceptance clause.
Respectfully submitted,
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CHILES HEIDER DIVISION
SMITH BARNEY SHEARS ON INC.
,Q!J rJ a~ ",,-
By r~)Jc, /~~ _X/~1.hfl-..
Bill B. Beavers
Managing Director
The foregoing offer is hereby ac.cepted on behatf of the)City Council of
Grand Island, Nebraska, this ~.~~ day of /~~~v1f~
1994.
ATTEST:
~p~c1'~~
ayor
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PAYING AGENT AND REGISTRAR'S AGREEMENT
This Agreement made and entered into as of the ____ day of
April, 1994, by and between the City of Grand Island, Nebraska (the
"City") and National Bank of Commerce Trust and Savings Association,
LincOln, Nebraska (the "Registrar").
WITNESSETH:
WHEREAS, the City has authorized the issuance of $18,055,000
of its Sewer System Revenue Bonds, Series 1994, date of original issue
- April 1, 1994, (the "Bonds") by Ordinance No. ____, (the
"Ordinance") and requires the services of a paying agent and registrar
for said issue; and
WHEREAS, the Registrar is willing to provide services as
paying agent and registrar pursuant to the terms of this Agreement and
the Ordinance in consideration for the compensation described in this
Agreement.
follows:
NOW, THEREFORE, the City and the Registrar do hereby agree as
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1. The Registrar agrees that it shall maintain on behalf of
the City books of record in which the registered owners of the Bonds
and their registered addresses shall be duly recorded.
2. The Registrar agrees that it shall serve as paying agent
for the City in making the payments of principal and interest falling
due on the Bonds. The City shall, not later than each interest and
principal payment date on the Bonds, deposit with the Registrar an
amount sufficient to make such payment and the Registrar shall apply
such deposit by mailing a check or draft to each of the registered
owners of the Bonds as shown on the books of record maintained
pursuant to paragraph 1 hereof for the appropriate amounts of interest
due on each respective Bond, and pay principal and interest upon
presentation of each respective Bond in accordance with the terms of
the Ordinance.
3. Registrar hereby accepts and agrees to perform all duties
directed by the Ordinance to be performed by the "Paying Agent and
Registrar" as described in the Ordinance and the terms of the
Ordinance are hereby incorporated by reference. Registrar
acknowledges receipt of a copy of the Ordinance. Registrar
acknowledges that the City may make deposits of money or securities as
provided in Section 15 of the Ordinance. In the event of any such
deposit, the compensation provided for under this Agreement shall not
be altered or abated.
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4. The City shall furnish to the Registrar a sufficient
supply of forms in blank of the Bonds to be issued upon transfer,
signed by the facsimile signatur~s of the Mayor and City. Clerk and
sealed with the City seal and shall renew such supply pursuant to
Section 9 of the Ordinance upon request by the Registrar.
5. The Registrar shall make the initial registration of
the Bonds upon written directions from the original purchaser
thereof as designated in the Ordinance.
6. Transfer of the Bonds shall be registered and new Bonds
issued in replacement thereof, pursuant to the limitations
prescribed in the Ordinance, upon surrender to the Registrar of any
outstanding Bond in form deemed by the Registrar properly endorsed
for transfer with all necessary signatures guaranteed in such manner
and form as the Registrar may require by a signature guarantor
reasonably believed by Registrar to be responsible, accompanied by
such assurances as the Registrar shall deem necessary or appropriate
to evidence the genuineness and effectiveness of each necessary
signature and, if deemed appropriate by the Registrar, satisfactory
evidence of compliance with all applicable laws relating to the
collection of taxes. In registering transfer of the Bonds, the
Registrar may rely upon the Uniform Commercial Code or any other
statutes which in the opinion of counsel protect the Registrar and
the City in not requiring complete documentation, in registering
Bonds without inquiry into adverse claims, in delaying registration
for purposes of such inquiry or in refusing registration where in
Registrar's judgment an adverse claim requires such refusal.
7. Replacement Bonds for any of the Bonds damaged, lost or
stolen shall be issued by the Registrar upon a duly certified
resolution or resolutions in compliance with the requirements of
Sections 10-127 to 10-130, R.R.S. Neb. 1943, as now existing or as
hereafter amended.
8. As provided by law, the books of registration
maintained by the Registrar shall not be deemed public records and
shall be available for inspection solely pursuant to a court order
or a subpoena of any governmental agency having jurisdiction to
issue such subpoena.
9. At least annually, the Registrar shall give a report to
the City accounting for all funds received and disbursements made.
The Registrar shall maintain customary records in connection with
its exercise of its duties under this Agreement and the Ordinance.
10. At anytime the Registrar may apply to the City for
instructions and may consult with the City's attorney or the
-2-
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Registrar's own counsel in respect to any matter arising in
connection with its duties under this Agreement and the Ordinance
and the Registrar shall. not be liable or accountable for any action
taken or omitted by it in good faith in accordance with such
instructions or with the opinion of such counsel. rhe Registrar may
rely on any paper or document reasonably believed by it to be
genuine and to have been signed by the proper person or persons.
11. The city hereby agrees to pay any expenses reasonably
incurred by the Registrar in connection with the performance of its
duties under this Agreement and the Ordinance, including counsel
fees, and in addition shall pay to the Registrar as compensation for
its services the following:
See Attachment
12. Any corporation or association into which the
Registrar may be converted or merged, or with which it may be
consolidated, or to which it may sell or transfer its trust business
and assets as a whole or substantially as a whole, or any
corporation or association resulting from any such conversion, sale,
merger, consolidation or transfer to which it is a party, shall,
ipso facto, be and become successor Registrar hereunder and vested
with all of the trusts, powers, discretions, immunities, privileges
and all other matters as was its predecessor, without the execution
or filing of any instruments or any further act, deed or conveyance
on the part of any of the parties hereto, anything herein to the
contrary notwithstanding.
13. The City shall have the right to remove the Registrar
only in the event of a material breach of the Registrar's duties
under this Agreement and the Ordinance. In such event the Mayor and
Council of the City shall have the right to designate a successor
and the Registrar hereby agrees that it shall turn over all of its
records with respect to the Bonds to any such successor upon request
by the City.
14. This Agreement shall terminate when the Bonds have
been paid in full. The Registrar shall have no duties with respect
to the investment of monies paid to it under this Agreement and the
Ordinance. Any deposit of such monies shall be either fully insured
by insurance of the Federal Deposit Insurance Corporation or fully
secured in the manner required by law for deposit of funds of the
City. Any such deposit may be in an account maintained with the
Registrar or an affiliate of the Registrar.
-3-
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15. Under the terms of the Ordinance, the Bonds are to be
issued initially as "book-entry-only bonds" using the services of
The Depository Trust Comp.any (the "Depository") and initially the.
entire issue of the Bonds shall be registered in the name of Cede &
Co., as nominee for the Depository, with one typewritten bond for
each separate stated maturity. Payment of semiannual interest for
any Bond registered as of each Record Date in the name of Cede & Co.
shall be made by wire transfer of New York clearinghouse or
equivalent next-day funds to the account of Cede & Co. on the
Interest Payment Date for the Bonds at the address shown in the
Registrar's books of registration for Cede & Co. as registered
owner. The Registrar agrees that it will execute and observe the
terms and conditions of the Letter of Representations (the "Letter
of Representations") as authorized by the Ordinance.
The Registrar and the City may treat the Depository (or its
nominee) as the sole and exclusive owner of the Bonds registered in
its name for the purposes of payment of the principal of or interest
on the Bonds, selecting the Bonds or portions thereof to be
redeemed, giving any notice permitted or required to be given to
bondholders under the Ordinance, registering the transfer of Bonds,
obtaining any consent or other action to be taken by bondholders and
for all other purposes whatsoever, and neither the Registrar nor the
City shall be affected by any notice to the contrary. Neither the
Registrar nor the City shall have any responsibility or obligation
to any participant of the Depository ("Participant"), any person
claiming a beneficial ownership interest in the Bonds under or
through the Depository or any Participant, or any other person which
is not shown on the registration books of the Registrar as being a
bondholder, with respect to the accuracy of any records maintained
by the Depository or any Participant, the paYment by the Depository
or any Participant of any amount in respect of the principal of or
interest on the Bonds; any notice which is permitted or required to
be given to bondholders under the Ordinance; the selection by the
Depository or any Participant of any person to receive paYment in
the event of a partial redemption of the Bonds; or any consent given
or other action taken by the Depository as bondholder. The
Registrar shall pay all principal of and interest on the Bonds only
to the Depository, and all such paYments shall be valid and
effective to fully satisfy and discharge the City's obligations with
respect to the principal of and interest on the Bonds to the extent
of the sum or sums so paid. Except under the conditions directed
below, no person other than the Depository shall receive an
authenticated Bond for each separate stated maturity evidencing the
obligation of the City to make payments of principal of and interest
pursuant to the Ordinance. Upon delivery by the Depository to the
Registrar of written notice to the effect that the Depository has
determined to substitute a new nominee in the place of Cede & Co.,
and subject to the provisions in the Ordinance with respect to
-4-
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Record Dates, the term "Cede & Co." in this Agreement shall refer to
such new nominee of the Depository. If the Depository gives notice
to the City or the Registrar pursuant to the Letter of
Representations that it will discontinue providing its services as
securities depository with respect to the Bonds, the City shall
either appoint a successor securjties depository or terminate the
book-entry system for the Bonds under the following conditions:
(i) Any successor securi tie's depository must be a clearing
agency registered with the Securities and Exchange Commission
pursuant to Section 17A of the Securities Exchange Act of 1934
and must enter into an agreement with the City and the Registrar
agreeing to act as the depository and clearing agency for all
the Bonds. After such agreement has become effective, the
Depository shall present the Bonds for registration of transfer
in accordance with Section 4 of the Ordinance and the Registrar
shall register them in the name of the successor securities
depository or its nominee. If a successor securities depository
has not accepted such position prior to the effective date of
the Depository's termination of its services, the book-entry
system shall automatically terminate.
I
(ii) If the City elects to terminate the book-entry system
for the Bonds, it shall so notify the Registrar in writing.
Thereafter, upon presentation of the Bonds, or any of them, by
the Depository or its nominee to the Registrar for registration
of transfer in accordance with Section 4 of the Ordinance, the
Registrar shall register the transfer in accordance with such
Section 4 of the Ordinance and all provisions of this paragraph
15 shall immediately cease to be in effect.
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The City may elect to terminate the book-entry system for the Bonds
at any time by giving written notice to the Depository and the
Registrar. On the effective date of such termination, the
provisions of this paragraph 15 shall cease to be in effect, except
that the Registrar shall continue to comply with applicable
provisions of the Letter of Representations with respect to Bonds as
to which the Depository remains the registered owner. After such
termination, the Registrar shall, upon presentation of Bonds by the
Depository or its nominee for registration of transfer or exchange
in accordance with Section 4 of the Ordinance make such transfer or
exchange in accordance with said Section 4. Upon the appointment of
a successor securities depository or termination of the book-entry
system, the Registrar shall give notice of such event to the
registered owners of Bonds (through the Depository) and (1) of the
name and address of the successor securities depository or (2) that
Bonds may now be obtained by the beneficial owners of the Bonds, or
their nominees, upon proper instructions being given to the
Depository by the relevant Participant and compliance by the
Depository with the provisions of the Ordinance regarding
registration of transfers. Notwithstanding any other provision of
this Agreement to the contrary, so long as any Bond is registered in
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the name of Cede & Co., as nominee of the Depository (or any
successor nominee), all paYments with respect to the principal and
interest on such Bond and all notices with respect to such Bond
shall be made and given, respectively, to the Depository as provided
in the Letter of Representations. In connection with any notice or
other communication to be provided to bondholders pursuant to the
Ordinance by the City or the Registrar with respect to any consent
or other action to be taken by bondholders, the City or the
Registrar, as the case may be, 'shall establish a record date for
such consent or other action and give the Depository notice of such
record date not less than 15 calendar days in advance of such record
date to the extent possible.
16. If anyone or more of the covenants or agreements to
be performed by either of the parties to this Agreement shall be
determined by a court of competent jurisdiction to be unenforceable,
such covenant or agreement shall be deemed and construed to be
severable from the remaining covenants and agreements contained
herein and shall in no way affect the validity of the remaining
provisions of this Agreement.
17. This Agreement may be executed in several
counterparts, all or any of which shall be regarded for all purposes
as one original and shall constitute and be but one and the same
instrument.
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18. This Agreement shall be governed by and construed in
accordance with the laws of the State of Nebraska.
IN WITNESS WHEREOF, the parties hereto have each caused
this Paying Agent and Registrar's Agreement to be executed by their
duly authorized officers as of the date first above written.
OF GRAND
National Bank of Commerce Trust
and Savings Association
Lincoln, Nebraska
Paying Agent and Registrar
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By:
Its:
-6-
ORDINANCE NO. 7993
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An ordinance to amend Chapter 16 of the Grand Island City Code pertaining to
Fire Protection; to amend Section 16-11 pertaining to open fires; to restrict open fires; to include
burning of leaves and brush during certain times; to repeal the current Section 16-11 as now
existing; and to provide the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 16-11 of the Grand Island City Code be and hereby is
amended to read as follows:
116-11. Open Fires; When Allowed
1.
For purposes of this section, Open Fire shall mean burning under such conditions
that the products of combustion are emitted directly into the ambient air and are
not conducted thereto through a stack, chimney, duct, or pipe.
I
2.
No person shall cause or permit any open fire within the limits of the City.
3. Exceptions:
(a) Fires set solely for the outdoor cooking of food for human consumption
on other than commercial premises where no nuisance or hazard is
created;
(b) Fires set with the written permission of the Fire Chief of the City of
Grand Island or designated representative:
i. for the purpose of training public or industrial fire fighting
personnel;
ii. for essential agricultural operation in the growing of crops where
no nuisance or hazard is created;
iii.
for the purpose of destroying dangerous materials or diseased
trees;
I
ORDINANCE NO. 7993 (Cont)
I
iv.
for the purpose of clearing land for roads or other construction
activity;
v. for recreational purposes;
vi. for the purpose of burning leaves and brush where no nuisance or
hazard is created. Permits for open burning of leaves and brush
shall only be issued for fires to be set during the period of March
1 through March 14 and the period of November 1 through
November 14 in each year.
(d) Fires set in operation of smokeless flare stacks for the combustion of
waste gases, provided they meet the requirements of the Nebraska
Department of Environmental Control.
4. Open fires shall be constantly attended by a competent person until the fire is
extinguished. The person so attending shall have a water supply or other fire
extinguishing equipment readily available for use, and no such fire shall be
abandoned until it has been completely extinguished.
I
5.
The Fire Chief of the Fire Department may prohibit any and all burning when
atmospheric conditions or local circumstances make such fires hazardous.
SECTION 2. Section 16-11 of the Grand Island City Code as heretofore existing
and any other ordinances or parts of ordinances in conflict herewith are hereby 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 Ia~. .,
Enacted .... Q./? ,I q 1_+
~~,f C{f).a'L'-v
. ~ Binest L. Dobesh, Mayor
Attest:
I
ORDINANCE NO. 7993
I
An ordinance to amend Chapter 16 of the Grand Island City Code pertaining to
Fire Protection; to amend Section 16-11 pertaining to open fires; to restrict open fires; to include
burning of leaves and brush during certain times; to repeal the current Section 16-11 as now
existing; and to provide the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 16-11 of the Grand Island City Code be and hereby is
amended to read as follows:
U6-11. Open Fires; When Allowed
1.
For purposes of this section, Open Fire shall mean burning under such conditions
that the products of combustion are emitted directly into the ambient air and are
not conducted thereto through a stack, chimney, duct, or pipe.
I
2.
No person shall cause or permit any open fire within the limits of the City.
3. Exceptions:
(a) Fires set solely for the outdoor cooking of food for human consumption
on other than commercial premises where no nuisance or hazard is
created;
(b) Fires set with the written permission of the Fire Chief of the City of
Grand Island or designated representative:
i. for the purpose of training public or industrial fire fighting
personnel;
ii. for essential agricultural operation in the growing of crops where
no nuisance or hazard is created;
Hi.
for the purpose of destroying dangerous materials or diseased
trees;
I
,........... ~ I
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. ."....... . p,-,
. . . . ' , - . . , .. ........ . . . ,.. . . .
:'6#e&iM.~t~fO/ll':'<. ..... ... .... .. ..... ..........>
.'.............'...........'...'.-......'..,'..............'.-.,'.,'.,.,.,.',.:.'........,.,....,. ",'-',' ",' .-......
........-.................................................. '.......-....... .-_.. .......
..... ......... ... ....... .. .... .- ... ... --.. ..
:.:.;...;.>>;.:-:.:.;.:-:-:.:.:.:-;.:.:....:-::-:-:.:-:.:.-..-:-:<-:-'-:-::-:-:-:-:-:"-:':>>:::':'-:"":'.-,:'" --'
. . . . .. ..,.,.......... .... ..... - ...... ., - . - . - . . . . , ".,. . . - -,.
. ., . . - ...,.,..,..... - . . - - , . .. - ., .. . .
ORDINANCE NO. 7993 (Cont)
I
iv.
for the purpose of clearing land for roads or other construction
activity;
v. for recreational purposes;
vi. for the purpose of burning leaves and brush where no nuisance or
hazard is created. Permits for open burning of leaves and brush
shall only be issued for fires to be set during the period of March
1 through March 14 and the period of November 1 through
November 14 in each year.
(d) Fires set in operation of smokeless flare stacks for the combustion of
waste gases, provided they meet the requirements of the Nebraska
Department of Environmental Control.
4. Open fires shall be constantly attended by a competent person until the fire is
extinguished. The person so attending shall have a water supply or other fire
extinguishing equipment readily available for use, and no such fire shall be
abandoned until it has been completely extinguished.
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5.
The Fire Chief of the Fire Department may prohibit any and all burning when
atmospheric conditions or local circumstances make such fires hazardous.
SECTION 2. Section 16-11 of the Grand Island City Code as heretofore existing
and any other ordinances or parts of ordinances in conflict herewith are hereby 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
Ernest L. Dobesh, Mayor
Attest:
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Cindy K. Cartwright, City Clerk
No action was taken on this Ordinance at the City Council Meeting: March 17, 1994.
ORDINANCE NO. 7994
I
An ordinance creating Water Main Connection District No. 416T in the City of
Grand Island, Hall County, Nebraska; defining the boundaries of the district; providing for the
laying of a water main in said district; providing for plans and specifications and securing bids;
providing for the 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 Connection District No. 416T in the City of Grand
Island, Hall County, Nebraska, is hereby created for the laying of sixteen (16) inch and twenty
(20) inch mains in U.S. Highways 281 and 34 from Rae Road to Platte Valley Boulevard.
I
SECTION 2. The boundaries of such water main connection district shall be as
follows:
I
Beginning at the Northeast corner of Outlot C4, Ponderosa Lake
Estates Subdivision; thence easterly along the northerly line of said
Ponderosa Lake Estates Subdivision a distance of four hundred
sixty-five (465.0) feet, more or less, to a point on the easterly
right-of-way line of U.S. Highways 281 and 34; thence southerly
along said easterly right-of-way line of U.S. Highways 281 and 34
to a point three hundred fifty-four and two-tenths (354.2) feet
South of the northerly line of the Northwest Quarter (NW lA) of
Section Five (5), Township Ten (10) North, Range Nine (9) West
of the 6th P.M.; thence easterly along a northerly right-of-way line
of U.S. Highways 281 and 34 a distance of seventy-five (75.0)
feet; thence southerly along the said easterly line of U.S.
Highways 281 and 34 a distance of one hundred eleven and fifty-
five hundredths (111.55) feet; thence easterly along the southerly
line of a tract of land as recorded in Document No. 87-106961 in
the office of the Hall County Register of Deeds to a point three
hundred sixty (360.0) feet East of the said easterly right-of-way
line of U.S. Highways 281 and 34; thence southerly parallel and
three hundred sixty (360.0) feet East of the said easterly right-of-
l;f1i~;~l"'y\:( .(/tJ
ORDINANCE NO. 7994 (Cont)
I
I
way line of U.S. Highways 281 and 34 to a point five hundred
twenty-five (525.0) feet South of the southerly line of the
Northwest Quarter of the Northwest Quarter (NW IA NW IA) of
Section Five (5), Township Ten (10) North, Range Nine (9) West
of the 6th P.M.; thence westerly perpendicular to the previously
described line to the westerly right-of-way line of U.S. Highways
281 and 34; thence northerly along the said westerly right-of-way
line of U.S. Highways 281 and 34 to a point eight hundred and
eighty-nine hundredths (800.89) feet South of the northerly line of
the Northeast Quarter (NEIA) of Section One (1), Township Ten
(10) North, Range Ten (10) West of the 6th P.M.; thence westerly
perpendicular to the previously described line a distance of three
hundred (300.0) feet; thence northerly parallel with the said
westerly right-of-way line of U.S. Highways 281 and 34 to a point
on the southerly line of Block Two (2), Ponderosa Lake Estates
Subdivision; thence westerly along the said southerly line of Block
Two (2), Ponderosa Lake Estates Subdivision, a distance of fifty
and two-tenths (50.2) feet to the Southwest comer of said Block
Two (2); thence northerly along the westerly line of said Block
Two (2) a distance of four hundred twenty-seven and ninety
hundredths (427.90) feet; thence northeasterly 'along a northerly
line of said Block Two (2) a distance of seventy and eighty-
hundredths (70.80) feet; thence continuing northeasterly along a
northerly line of said Block Two (2) a distance of fifty-six and
twenty-six hundredths (56.26) feet; thence northerly along the
westerly line of James Road to the northerly line of said Ponderosa
Lake Estates Subdivision to the point of beginning, all as shown
on the plat marked Exhibit A 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, and
submit the same to the City Council, and, upon approval of the same, 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
I
shall be reported to the City Council, and the Council, sitting as a Board of Equalization, shall
2
ORDINANCE NO. 7994 (Cont)
I determine benefits to abutting property by reason of such improvement, based on the cost of an
eight (8) inch water main, 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 of the City Council to
the Hall County Register of Deeds. A connection fee in the amount of the 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 Connection District No. 416T for the
purpose of creating a sinking fund for the payment of bonds. Payment of the cost of
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construction of Water Main Connection District No. 416T may be made by warrants drawn upon
the Water Surplus Account.
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 as provided by law.
En~Y'4 dML U J frJ4--
'---./
~ & /
~~t( / ~J
ERlWST L. D~H, Mayor
I
ity Clerk
3
ORDINANCE NO. 7995
I
An ordinance to create Sanitary Sewer Connection District No. 476T located in
U.S. Highways 281 and 34 from Rae Road to Platte Valley Boulevard in Hall County,
Nebraska; to define the boundaries of the district; to provide for the laying of a sanitary sewer
main in said district; to provide for plans and specifications and to secure bids; to provide for
the connection fee for connecting to such sanitary sewer main; to provide for certification to the
Register of Deeds; and to provide the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRANDISLAND,NEBRASKA:
SECTION 1. Sanitary Sewer Connection District No. 476T is hereby created for
the laying of a twenty-four inch gravity sewer pipe composed of polyvinyl chloride, and
I
appurtenances thereto, in U.S. Highways 281 and 34 from Rae'Road to Platte Valley Boulevard
in Hall County, Nebraska.
SECTION 2. The boundaries of Sanitary Sewer Connection District No. 476T
shall be as follows:
I
Beginning at the Northeast comer of Outlot C4, Ponderosa Lake Estates
Subdivision; thence easterly along the northerly line of said Ponderosa Lake
Estates Subdivision a distance of four hundred sixty-five (465.0) feet, more or
less, to a point on the easterly right-of-way line of U.S. Highways 281 and 34;
thence southerly along said easterly right-of-way line of U.S. Highways 281 and
34 to a point three hundred fifty-four and two-tenths (354.2) feet South of the
northerly line of the Northwest Quarter (NW 1A) of Section Five (5), Township
Ten (10) North, Range Nine (9) West of the 6th P.M.; thence easterly along a
northerly right-of-way line of U.S. Highways 281 and 34 a distance of seventy-
five (75.0) feet; thence southerly along the said easterly line of U.S. Highways
281 and 34 a distance of one hundred eleven and fifty-five hundredths (111.55)
feet; thence easterly along the southerly line of a tract of land as recorded in
Document No. 87-106961 in the office of the Hall County Register of Deeds to
a point three hundred sixty (360.0) feet East of the said easterly right-of-way line
of U.S. Highways 281 and 34; thence southerly parallel and three hundred sixty
I.:~.i~~t~y?fd I
ORDINANCE NO. 7995 (Cont)
I
(360.0) feet East of the said easterly right-of-way line of U.S. Highways 281 and
34 to a point five hundred twenty-five (525.0) feet South of the southerly line of
the Northwest Quarter of the Northwest Quarter (NWtANWIA) of Section Five
(5), Township Ten (10) North, Range Nine (9) West of the 6th P.M.; thence
westerly perpendicular to the previously described line to the westerly right-of-
way line of U.S. Highways 281 and 34; thence northerly along the said westerly
right-of-way line of U.S. Highways 281 and 34 to a point eight hundred and
eighty-nine hundredths (800.89) feet South of the northerly line of the Northeast
Quarter (NEtA) of Section One (1), Township Ten (10) North, Range Ten (10)
West of the 6th P.M.; thence westerly perpendicular to the previously described
line a distance of three hundred (300.0) feet; thence northerly parallel with the
said westerly right-of-way line of U.S. Highways 281 and 34 to a point on the
southerly line of Block Two (2), Ponderosa Lake Estates Subdivision; thence
westerly along the said southerly line of Block Two (2), Ponderosa Lake Estates
Subdivision, a distance of fifty and two-tenths (50.2) feet to the Southwest comer
of said Block Two (2); thence northerly along the westerly line of said Block Two
(2) a distance of four hundred twenty-seven and ninety hundredths (427.90) feet;
thence northeasterly along a northerly line of said Block Two (2) a distance of
seventy and eighty-hundredths (70.80) feet; thence continuing northeasterly along
a northerly line of said Block Two (2) a distance of fifty-six and twenty-six
hundredths (56.26) feet; thence northerly along the westerly line of James Road
to the northerly line of said Ponderosa Lake Estates Subdivision to the point of
beginning, all as shown on the plat marked Exhibit A attached hereto and
incorporated herein by reference.
I
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 to the City Council, and upon approval of the same, bids for the construction of such
sanitary sewer shall be taken and entered into in the manner provided by law.
SECTION 4. The cost of construction of said sanitary sewer 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,
I
R.R.S. 1943. The special benefits shall not be levied as special assessments but shall be
2
ORDINANCE NO. 7995 (Cont)
I certified by resolution of the City Council to the Register of Deeds. A connection fee in the
amount of the special benefits 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 sanitary sewer main in
such district. No property thus benefited by sanitary sewer main improvements shall be
connected to the sanitary sewer main until the connection fee is paid. The connection fees
collected shall be paid into a fund to be designated as the Fund for Sanitary Sewer Connection
District No. 476T for the purpose of creating a sinking fund for the payment of bonds or for the
purpose of replenishing the construction fund. Payment of the cost of construction of Sanitary
Sewer District No. 476T may be made by warrants drawn upon the appropriate sanitary sewer
construction fund.
I
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 as provided by law. ~
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EXHIBIT" A"
CITY OF GRAND ISLAND , NEBR.
ENGINEERING DEPARTMENT
PLAT TO ACCOMPANY ORDINANCE
NO. 7995
I SCALE 1'= 300' L.D,C, 3/21/941
SANIT ARY SEVER DIST.
NO, 476T
SHEET 1 OF a
I
ORDINANCE NO. 7996
An ordinance to amend Chapter 35 of the Grand Island City Code pertaining to
Water; to amend Section 35-30 pertaining to water rates to add a fee for unfunded federal
mandates of the Clean Water Act and the City's backflow program to each customer charged
for water furnished; to repeal Section 35-30 as presently existing; and to provide the effective
date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 35-30 of Chapter 35 of the Grand Island City Code be and
hereby is amended to read as fo~lows:
*35-30.
Schedule of Rates
I
The rate to be charged for water furnished shall be as follows:
Monthly Billings
Cubic feet per month
Rate per 100 cubic feet
First 500 .......................................... $1.222
Next 500 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0.487
Next 3,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0.479
Next 6,000. ........................................ 0.428
Next 90,000 ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0.374
Next 100,000 ....................................... 0.300
Over 200,000 ....................................... 0.264
Monthly Minimum (500 cu.ft.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.11
plus a customer charge of $0.30 per month for unfunded federal mandates for the Clean Water
Act and the City's backflow program, in addition to the regular rates charged for water
furnished to the customer.
I
I\~.'li~~~:,<;, ........~
ORDINANCE NO. 7996 (Cont)
I
SECTION 2. Section 35-30 of Chapter 35 of the Grand Island City Code, and
any other 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 lWe' and ror billing on and after May 1, 1994.
Enacted _tUdL if I /qq 4- .
I
fl &~Jr-J: W'-"'-tJ-<../
~. Dobesh:' ~yoi
I
u
Clerk
I
ORDINANCE NO. 7997
I
An ordinance assessing and levying a special tax to pay the cost of construction
of Water Main District No. 410 of the City of Grand Island, Nebraska, providing for the
collection of such special tax; repealing any provision of the Grand Island City Code,
ordinances, and parts of ordinances in conflict herewith; and providing the effective date of this
ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. There is hereby assessed upon the following described lots, tracts,
and parcels of land specially benefited, for the purpose of paying the cost of construction of said
water main in said Water Main District No. 410, as adjudged by the Mayor and Council of said
I
City, to the extent of benefits thereto by reason of such improvement, after due notice having
been given thereof as provided by law; and a special tax for such cost of construction is hereby
levied at one time upon such lots, tracts, and lands as follows:
NAME LOT ADDITION AMOUNT
Park Gardens Development 2 Castle Estates $1,911.95
Earl L & Debbie R Milton 3 Castle Estates 1,911.95
Jeffrey Oaks Inc 4 Castle Estates 1,911.95
Douglas W Schultz 5 Castle Estates 1,911.95
Jeffrey S & Mary C White 6 Castle Estates 1,911.95
Park Gardens Development 7 Castle Estates 1,911.95
Darin W & Bonnie S Jacobsen 8 Castle Estates 1,911.95
Park Gardens Development 9 Castle Estates 1,911.95
Ellis Douthit Jr Et al 10 Castle Estates 1,911.95
Larry J Gish 11 Castle Estates 1,911.95
Barbara J Placke 12 Castle Estates 1,911.95
I Charles E & Loretta Roehrich 13 Castle Estates 1,911.95
David W & Susan M Kutschkau 14 Castle Estates 1,911.95
Gregory L & Laura K Olson 15 Castle Estates 1,911. 95
I ;;i~~~~.~<tofOjl,dtJ .,./
/...................::<: ......:...;. .
ORDINANCE NO. 7997 (Cont)
I Dean Rainforth 16 Castle Estates 1,911.95
Ronald J & Jennifer D Hoff 17 Castle Estates 1,911.95
Park Gardens Development 18 Castle Estates 1,911.95
Jeffrey Oaks Inc 19 Castle Estates 1,911.95
Reed and Reed Inc 20 Castle Estates 1,911. 95
Reed and Reed Inc 21 Castle Estates 1,911.95
Jeffrey Oaks Inc 22 Castle Estates 1,911.95
Jeffrey Oaks Inc 23 Castle Estates 1,911.95
Thomas Michael & Cindy Koziol 24 Castle Estates 1,911.95
Gregory D & Lisa D Katzberg 25 Castle Estates 1,911.95
Jeffrey Oaks Inc 26 Castle Estates 1,911.95
James T & Sarah S Zavala 27 Castle Estates 1,911.95
Park Gardens. Development 28 Castle Estates 1,911.95
Gaylord R Madison 29 Castle Estates 1,911.95
Michael J Bish 30 Castle Estates 1,911.95
Kyle D & Holly J Sawyers 31 Castle Estates 1,911.95
Bradley J & Carol J Bills 32 Castle Estates 1,911.95
Kenneth A & Alvina R Olesen 33 Castle Estates 1,911.95
Steven J & Sherry M Jones 34 Castle Estates 1,911.95
I Thomas E & Janet L Spiehs 35 Castle Estates 1,911.95
Dennis D Hilderbrand et al 36 Castle Estates 1,911.95
Jack L & Ann C Gosda 37 Castle Estates 1,911.95
Stephen J & Janet M Griffin 38 Castle Estates 1,911.95
Wayne S & Lauri L. Shultis 39 Castle Estates 1,911.95
Jon A Rath 40 Castle Estates 1,911.95
Park Gardens Development 41 Castle Estates 1,911.95
Charles Fox 42 Castle Estates 1,911.95
Scott E & Connie S Armes 43 Castle Estates 1,911.95
Jeffrey Oaks Inc 44 Castle Estates 1,911.95
Jeffrey Oaks Inc 45 Castle Estates 1,911.95
Marianne & Timothy Koziol 46 Castle Estates 1,911.95
Marianne & Timothy Koziol 47 Castle Estates 1,911.95
Anthony R & Margaret M Koziol 48 Castle Estates 1,911.95
Marianne & Timothy Koziol 49 Castle Estates 1,911.95
Judy Lindell 50 Castle Estates 1,911.95
David G & Isabel Kenyon 51 Castle Estates 1,911.95
Gary D & Doreen A Lueders 52 Castle Estates 1,911.95
Dennis A & Marilyn A Korgel 53 Castle Estates 1,911.95
Edward D Ulrich 54 Castle Estates 1,911.95
I Gerald D & Martha M Daily 55 Castle Estates 1,911.95
2
I
I
I
ORDINANCE NO. 7997 (Cont)
Samuel E Mousel 56
Gerald N & Beverly J Helzer 57
David W & Elberta A Harris 58
Steven D & Kim M Cockerham 59
Daniel R & Annette L Purdy 60
Reed and Reed Inc 61
Jeffrey J & Diann R Hadan 62
Gary B & Susan M McWilliam 63
Scott E & Connie S Armes 64
Charles Fox 65
1,911.95
1 ,911. 95
1,911.95
1,911.95
1,911.95
1,911.95
1 ,911. 95
1,911.95
1,911.95
1,911.95
Castle Estates
Castle Estates
Castle Estates
Castle Estates
Castle Estates
Castle Estates
Castle Estates
Castle Estates
Castle Estates
Castle Estates
Chief Industries Inc Pt of SEtA Sec 26-11-10, more particularly described
as: Beginning at the Northwest corner of Kamy Subdivision in the City of
Grand Island, Nebraska; thence northwesterly along the southerly right-of-
way line of Knights Road a distance of one hundred eighty-five (185.0) feet
to a corner of Castle Estates Subdivision in the City of Grand Island; thence
southwesterly along the southerly extension of the northwesterly line of
said Castle Estates Subdivision a distance of one hundred sixty (160.0) feet;
thence perpendicular to the previously described line a distance of one hundred
eighty-five (185.0) feet to the Southwest corner of said 'Kamy Subdivision; thence
northerly along the easterly line of said Kamy Subdivision a distance of one
hundred sixty (160.0) feet to the said point of beginning; 1,911.95
Kirk J & Amy SNelson
1
Kamy Subdivision
1,911.95
SECTION 2. The special tax shall become delinquent as follows: One-fifth of
the total amount shall become delinquent in fifty days; one-fifth in one year; one-fifth in two
years; one- fifth in three years; and one-fifth in four years, respectively, after the date of such
levy; provided, however, the entire amount so assessed and levied against any lot, tract, or
parcel of land may be paid within fifty days from the date of this levy without interest, and the
lien of special tax thereby satisfied and released. Each of said installments, except the first,
shall draw interest at the rate of seven percent per annum from the time of such levy until they
3
ORDINANCE NO. 7997 (Cont)
I
shall become delinquent. After the same become delinquent, interest at the rate of 14 percent
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 Water Main District No. 410.
SECTION 5. Any provision of the Grand Island City Code, and any provision
of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage, approval, and publication within fifteen days in one issue of the Grand Island
I
Independent, as provided by law.
EnactedJJel1t)J J.J J / qq ~
~~&~
. rest L. Dobesh, Mayor
I
4
I
I
I
ORDINANCE NO. 7998
An ordinance directing and authorizing the conveyance of Lot 2, Block 10,
Russell Wheeler's Addition to the City of Grand Island, Hall County, Nebraska; providing for
the giving of notice of such conveyance and the terms thereof; providing for the right to file a
remonstrance against such conveyance; and providing the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The conveyance to BRENDA LYNN NORMAN, a single person,
of Lot Two (2), Block Ten (10), Russell Wheeler's Addition to the City of Grand Island, Hall
County, Nebraska, is hereby authorized and directed.
SECTION 2. The consideration for such conveyance shall be One Dollar ($1.00).
Conveyance of the real estate above described shall be by special warranty deed, upon delivery
of the consideration. The City will not provide title insurance.
SECTION 3. As provided by law, notice of such conveyance and the terms
thereof shall be published for three consecutive weeks in the Grand Island Independent, a
newspaper published for general circulation in the City of Grand Island. Immediately after the
passage and publication of this ordinance, the city clerk is hereby directed and instructed to
prepare and publish such notice.
SECTION 4. Authority is hereby granted to the electors of the City of Grand
Island to file a remonstrance against the conveyance of such within described real estate; and
if a remonstrance against such conveyance signed by legal electors of the City of Grand Island
equal in number to thirty percent of the electors of the City of Grand Island voting at the last
regular municipal election held in such City be filed with the city council within thirty days of
l;l.~'~!.;.,j<~
ORDINANCE NO. 7998 (Cont)
I passage and publication of such ordinance, said property shall nOlthen, 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 BRENDA LYNN NORMAN a special warranty deed
for said real estate, and the execution of such deed is hereby authorized without further action
on behalf of the City Council.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication within fifteen days in one issue of the Grand Island Independent, as
I
provided by law. ?In
Enacted ~ 2S, ;qqf-
~(;{m~
.Emest L. Dobesh, Mayor
I
I
I
I
ORDINANCE NO. 7999
An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; changing the land use district of Block 17, Kernohan and Decker Addition
to the City of Grand Island, Hall County, Nebraska, from B2-General Business Zone, R4-High
Density Residential, and R2-Low Density Residential zones to CD-Commercial Development
Zone; directing that such zoning change and classification be shown on the official zoning map
of the City of Grand Island; amending the provisions of Section 36-7 of the Grand Island City
Code to conform to such reclassification;
WHEREAS, the Regional Planning Commission on March 2, 1994, held a public
hearing of the proposed rezoning of such area and rejected the rezoning request upon a motion
to approve which failed by a vote of five in favor, six opposed, and one abstaining; and
WHEREAS, notice as required by Section 79-4,151, R.R.S. 1943, has been given
to the Board of Education of School District No. 2 in Hall County, Nebraska; and
WHEREAS, after public hearing on March 28, 1994, the City Council found and
determined that the change in zoning be approved and granted.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. A tract of land comprising Block Seventeen (17), Kernohan and
Decker Addition to the City of Grand Island, Hall County, Nebraska, be rezoned and reclassified
and changed to CD-Commercial Development Zone classification.
SECTION 2. That the official zoning map of the City of Grand Island, Nebraska,
be, and the same is, hereby ordered to be changed, amended, and completed in accordance with
this ordinance.
Ordinance No. 7999 (Cont)
I
SECTION 3. That the findings and recommendations of the Regional Planning
Commission and the City Council of the City of Grand Island are hereby accepted, adopted, and
made a part of this ordinance.
SECTION 4. That Section 36-7 of the Grand Island City Code and all ordinances
and parts of ordinances in conflict herewith are hereby amended to reclassify the above-described
area as herein ordered and determined.
SECTION 5. That this ordinance shall be in force and take effect from and after
its passage and publication within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted
I
This Ordinance was not voted on at March 28, 1994 City Council Meeting.
ERNEST L. DOBESH, Mayor
ATTEST:
Cindy K. Cartwright, City Clerk
I
2
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ORDINANCE NO. 8000
I
An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; changing the land use district of a tract of land located on the south side
of Nebraska Highway No. 2 immediately west of Independence A venue in Hall County,
Nebraska, from TA-Transitional Agriculture Zone to B2-General Business Zone; directing that'
such zoning change and classification be shown on the official zoning map of the City of Grand
Island; amending the provisions of Section 36-7 of the Grand Island City Code to conform to
such reclassification;
WHEREAS, the Regional Planning Commission on March 2, 1994, held a public
hearing of the proposed rezoning of such area and upon a motion to deny, by affirmative vote
of eleven of twelve members present and one opposed, the request to rezone failed; and
I
WHEREAS, notice as required by Section 79-4,151, R.R.S. 1943, has been given
to the Board of Education of School District No. 2 in Hall County, Nebraska; and
WHEREAS, after public hearing on March 28, 1994, the City Council found and
determined that the change in zoning be approved and granted.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. A tract of land comprising a part of the Northwest Quarter (NW 1,4)
of Section Two (2), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., Hall
County, Nebraska, more particularly described as follows:
I
First, to ascertain the point of beginning, start at the Northeast
comer of said Northwest Quarter (NW1,4); thence southerly along
and upon the East line of said Northwest Quarter (NW 1,4) a
distance of seven hundred sixteen and twenty-four hundredths
(716.24) feet; thence deflecting right 1060 47' 29" and running
I..........
.......................,.,..........
.....,..............................
.........'...,........,.,.,..........
. . . . . . . . . . . . , . . . . . . . , . , . , . . . . , . . . . - , . .
.~f~1
..................................1
".:-:.:.:.:-:-:-:.;.:.:.;.:.;.;.:.:.:.;.:.;.:;;-;.:.:<.;.:.;.
~ilti:lii(
ORDINANCE NO. 8000 (Cont)
I
northwesterly a distance of sixty-three and seventy-two hundredths
(63.72) feet; thence deflecting left 1060 47' 29" and running
southerly a distance of fifty-three and eight hundredths (53.08) feet
to the ACTUAL Point of Beginning, said ACTUAL Point of
Beginning being the point of intersection of the West line of
Independence A venue with the southerly right-of-way line of
Highway No.2; thence continuing southerly along the last
described course and being along and upon the West line of
Independence Avenue a distance of one hundred ten (110.0) feet;
thence deflecting right 900 00' and running westerly a distance of
five hundred fifty (550.0) feet; thence deflecting right 900 00' and
running northerly a distance of two hundred eighty-nine and six-
tenths (289.6) feet to a point on said Highway No.2 right-of-way
line; thence deflecting right 1080 05' 04" and running
southeasterly along and upon said highway right-of-way line a
distance of five hundred seventy-eight and fifty-eight hundredths
(578.58) feet to the ACTUAL Point of Beginning, and containing
2.52 acres, more or less;
I
be rezoned and reclassified and changed to B2-General Business Zone classification.
SECTION 2. That the official zoning map of the City of Grand Island, Nebraska,
be, and the same is, hereby ordered to be changed, amended, and completed in accordance with
this ordinance.
SECTION 3. That the findings and recommendations of the Regional Planning
Commission and the City Council of the City of Grand Island are hereby accepted, adopted, and
made a part of this ordinance.
SECTION 4. That Section 36-7 of the Grand Island City Code and all ordinances
and parts of ordinances in conflict herewith are hereby amended to reclassify the above-described
area as herein ordered and determined.
I
2
I::::::::::::::::::::::::::::::'::::::::::::::::::::;:::::::::::::: ;:::::::::::
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:::::
ORDINANCE NO. 8000 (Cont)
I
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
ERNEST L. DOBESH, Mayor
ATTEST:
Cindy K. Cartwright, City Clerk
I
This Ordinance was not approved at the Council Meeting of March 28, 1994
t
3
I
. THIS SPACE RESERVED FOR REGISTER OF DEEDS.
ORDINANCE NO. 8001
An ordinance to vacate certain easements in Lots 2 and 3 of Pleasant View Tenth
I
Subdivision in the City of Grand Island, Nebraska; to provide for filing this ordinance in the
office of the Register of Deeds of Hall County; and to provide the effective date of this
ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRANDISLAND,NEBRASKA:
SECTION 1. That the North four (4.0) feet of the easterly one hundred fourteen
feet (114.0) of Lots Two (2) and Three (3), in Pleasant View Tenth Subdivision, be, and hereby
is, vacated.
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
I
passage, approval, and publication within fifteen days in one issue of the Grand Island
?if
.... .....
:,'";:;,:-:::.-:,",,.:-:',:-:-:'",-.-,",:.-,".. . ......... \
. , . . - . . . . .. ....,.. .... . .. . .
1.;;~118~0,G"00;l>;.-
ORDINANCE NO. 8001 (Cont)
I
Independent as provided by law.
Enacte<l~. ZrY1 ;q1.~
.~;I~~ /
. T L. DOBBS , Mayor -
~K~bSk-J.
Cmdy. I<:..,~wt\y'ri~ht, City Clerk
I
I
I
. THIS SPACB RESERVED FOR REGISTBR OF DEEDS.
ORDINANCE NO. 8002
An ordinance to vacate a certain sixteen foot easement in part of Monroe Street
I
vacated by Ordinance No. 5880 adjacent to Lot 4, Kernohan and Decker Addition to the City
of Grand Island, Nebraska; to provide for filing this ordinance in the office of the Register of
Deeds of Hall County; and to provide the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That the northeasterly sixteen (16) feet of Monroe Street vacated
by Ordinance No. 5880, adjacent to Lot Four (4), Kernohan and Decker Addition to the City
of Grand Island, southerly of South Front Street, and sixty-nine (69) feet in length, be, and
hereby is, vacated.
SECTION 3. This ordinance is directed to be filed in the office of the Register
of Deeds of Hall County, Nebraska.
I
Wit
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ORDINANCE NO. 8002 (Cont)
I
SECTION 4. This ordinance shall be in force and take effect from and after its
passage, approval, and publication within fifteen days in one issue of the Grand Island
Independent as provided by law.
Enacted ~ AZ I A q 4-:
~~&k&~ /
. NEST L. DOB H, Mayor --
ATTEST:
~
~\UM-LJ.
I
I
ORDINANCE NO. 8003
I
An ordinance to amend Chapter 8 of the Grand Island City Code pertaining to
Buildings; to amend Chapter 8 by adding Article VII, Property Maintenance Code, with the
addition of Sections 8-74 through 8-105 to adopt the Grand Island Properly Maintenance Code
to provide for minimum standards to safeguard life or limb, health, property and public welfare
by regulating and controlling the use of occupancy, location, and maintenance of all residential
and commercial buildings and structures within this jurisdiction; to repeal Sections 8-17 and 8-
18 as now existing; and to provide the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Chapter 8 of the Grand Island City Code be and hereby is amended
by adding thereto Article VII, comprised of Sections 8-74 through 8-105, to read as follows:
Article VII
Division 1. Title and Scope
18-74. Title
I
These regulations shall be known as the "Property Maintenance Code," may be cited as
such, and will be referred to herein as "this code. "
18-75.
Purpose
The purpose of this code is to provide minimum standards to safeguard life or limb,
health, property and public welfare by regulating and controlling the use of occupancy, location
and maintenance of all residential and commercial building and structures within thisjurisdiction.
18-76.
Scope
The provisions of this code shall apply to all buildings or portions thereof. Such
occupancies in existing buildings may be continued as provided in Section 104(c) of the Building
Code, except such structures as are found to be substandard as defined in thiscode.
Where any building or portion thereof is used or intended to be used as a combination
apartment house-hotel, the provisions of this code shall apply to the separate portions as if they
were separate buildings.
I
Every rooming house or lodging house shall comply with all the requirements of this
code for dwelling.
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I
18-77.
18-78.
I
I
ORDINANCE NO. 8003 (Cont)
Application to Existing Buildings and Structures.
1. Additions, Alterations or Repairs. For additions, alterations or repairs, see
Subsections 104(a) and (b) of the Building Code.
2. Relocation. Buildings or structures moved into or within this jurisdiction shall
comply with the requirements in the Building Code for new buildings and
structures.
Division '2. Enforcement
General
1.
Authority. The building official is hereby authorized and directed to enforce all
of the provisions of this code. For such purposes, he shall have the powers of
a law enforcement officer. He is empowered to adopt and enforce rules and
regulations to clarify and expand the provisions of this code in conformity with
the spirit and intent of its stated purpose.
2.
Right of Entry. Whenever necessary to make an inspection to enforce any of the
provisions of this code, or whenever the building official or his authorized
representative has reasonable cause to believe that there exists in any building or
upon any premises any condition or code violation which makes such building or
premises unsafe, dangerous or hazardous, the building official or his authorized
representative may enter such building or premises at all reasonable times to
inspect the same or to perform any duty imposed upon the building official by
this code, provided that if such building or premises be occupied, he shall first
present proper credentials and request entry; and if such building or premises be
unoccupied, he shall first make a reasonable effort to locate the owner or other
persons having charge or control of the building or premises and request entry.
If such entry is refused, the building official or his authorized representative shall
have recourse to every remedy provided by law to secure entry.
3.
Responsibilities Defined. Every owner remains liable for violation of duties
imposed upon him by this code even though an obligation is also imposed on the
occupants of his building, and even though the owner has, by agreement, imposed
on the occupant the duty of furnishing required equipment or of complying with
this code.
2
ORDINANCE NO. 8003 (Cont)
I
All buildings and structures and all parts thereof shall be maintained in a
safe and sanitary condition. The owner or his designated agent shall be
responsible for such maintenance. To determine compliance with this subsection,
the building may be reinspected.
Every owner, or his agent, in addition to being responsible for maintaining
his building in a sound structural condition, shall be responsible for keeping that
part of the building or premises which he occupies or controls in a clean, sanitary
and safe condition, including the shared or public areas in a building containing
two or more dwelling units.
Every owner shall, where required by this code, the health ordinance or
the health officer, furnish and maintain such approved sanitary facilities as
required, and shall furnish and maintain approved devices, equipment or facilities
for the prevention of insect and rodent infestation, and where infestation has taken
place, shall be responsible for the extermination of any insects, rodents or other
pests when such extermination is not specifically made the responsibility of the
occupant by law or ruling.
I
Every occupant of a dwelling unit, in addition to being responsible for
keeping in a clean, sanitary and safe condition that part of the dwelling or
dwelling unit or premises which he occupies and controls, shall dispose of all his
rubbish, garbage and other organic waste in a manner required by the health
ordinance and approved by the health officer.
Every occupant shall, where required by this code, the health ordinance
or the health officer, furnish and maintain approved devices, equipment or
facilities necessary to keep his premises safe and sanitary.
~8-79.
Substandard Buildings
All building or portions thereof which are determined to be substandard as defined in this
Code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation,
demolition, or removal in accordance with the procedure specified in Article VI of, Chapter 8
of the Grand Island City Code.
~8-80.
Violations
I
It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter,
repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any
building or structure or cause or permit the same to be done in violation of this code.
3
ORDINANCE NO. 8003 (Cont)
I
Division 3. Pennits and Inspections
fi8-81.
General
No building or structure regulated by this code shall be erected, constructed, enlarged,
altered, repaired, moved, improved, removed, converted or demolished unless a separate permit
for each building or structure has first been obtained from the building official in the manner
and according to the applicable conditions prescribed in Chapter 3 of the Building Code.
fi8-82. 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 in ~8-26 of the Grand Island
City Code.
fi8-83.
Inspection
I
All building or structures within the scope of this code and all construction or work for
which a permit is required shall be subject to inspection by the building official in accordance
with and in the manner provided by this code and Sections 305 and 306 of the Building Code.
Division 4. Definitions
~8-84.
Definitions
For the purpose of this code, certain terms, phrases, words and their derivatives shall be
construed as specified in either this chapter or as specified in the Building Code. Where terms
are not defined, they shall have their ordinary accepted meanings within the context with which
they are used. Webster's Third New International Dictionary of the English Language,
Unabridged, copyright 1981, shall be considered as providing ordinary accepted meanings.
Words in the singular include the plural and the plural the singular. Words used in the
masculine gender include the feminine and the feminine the masculine.
BUILDING CODE is the Uniform Building Code promulgated by the International
Conference of Building Officials, as adopted by this jurisdiction.
EFFICIENCY DWELLING UNIT is a dwelling unit containing only one habitable room
and meeting the requirements of Section 503(b), Exception.
I
HEALTH OFFICER is the legally designated head of the Department of Health of this
jurisdiction.
4
ORDINANCE NO. 8003 (Cont)
I
HOT WATER is hot water supplied to plumbing fixtures at a temperature of not less
than llOoP.
MECHANICAL CODE is the Uniform Mechanical Code promulgated jointly by the
International Conference of Building Officials and the International Association of Plumbing and
Mechanical Officials, as adopted by this jurisdiction.
NUISANCE. The following shall be defined as nuisances:
1. Any public nuisance known at common law or in equity jurisprudence.
2. Any attractive nuisance which may prove detrimental to children whether in a
building, or the premises of a building, or upon an unoccupied lot. This includes
any abandoned wells, shafts, basements or excavations; abandoned refrigerators
and motor vehicles; or any structurally unsound fences or structures; or any
lumber, trash, fences, debris or vegetation which may prove a hazard for
inquisitive minors.
3. Whatever is dangerous to human life or is detrimental to health, as determined
by the health officer.
I
4.
Overcrowding a room with occupants.
5. Insufficient ventilation or illumination.
6. Inadequate or unsanitary sewage or plumbing facilities.
7. Uncleanliness, as determined by the health officer.
8. Whatever renders air, food or drink unwholesome or detrimental to the health of
human beings, as determined by the health officer.
PLUMBING CODE is the Uniform Plumbing Code promulgated by the International
Association of Plumbing and Mechanical Officials.
WORKMANLIKE is executed in a skilled manner; e.g., generally plumb, level, square,
in line, undamaged, and without marring adjacent work.
I
5
I
~8-85.
ORDINANCE NO. 8003 (Cont)
Division 5. Space and Occupancy Standards
Location on Property
All Buildings shall be located with respect to property lines and to other buildings on the
same property as required by Section 504 and Part IV of the Building Code.
~8-86.
I
~8-87 .
I
Yards and Courts
1.
Scope. This section shall apply to yards and courts having required windows
opening therein.
2.
Yards. Every yard shall be not less than 3 feet in width for one-story and two-
story buildings. For buildings more than two stories in height the minimum
width of the yard shall be increased at the rate of 1 foot for each additional story.
Where yards completely surround the building, the required width may be
reduced by 1 foot. For building exceeding 14 stories in height, the required
width of yard shall be computed on the basis of 14 stories.
3.
Courts. Every court shall be not less that 3 feet in width. Courts having
windows opening on opposite sides shall be not less than 6 feet in width. Courts
bounded on three or more sides by the walls of the building shall be not less that
10 feet in length unless bounded on one end by a public way or yard. For
buildings more than two stories in height the court shall be increased 1 foot in
width and 2 feet in length for each additional story. For buildings exceeding 14
stories in height, the required dimensions shall be computed on the basis of 14
stories.
Adequate access shall be provided to the bottom of all courts for cleaning
purposes. Every court more than two stories in height shall be provided with a
horizontal air intake at the bottom not less than 10 square feet in area and leading
to the exterior of the building unless abutting a yard or public way. The
construction of the air intake shall be as required for the court walls of the
building, but in no case shall be less than one-hour fire-resistive.
Room Dimensions
1.
Ceiling Heights. Habitable space shall have a ceiling height of not less than 7
feet 6 inches except as otherwise permitted in this section. Kitchens, halls,
bathrooms and toilet compartments may have a ceiling height of not less than 7
feet measured to the lowest projection from the ceiling. Where exposed beam
6
ORDINANCE NO. 8003 (Cont)
I
ceiling members are spaced at less than 48 inches on center, ceiling height shall
be measured to the bottom of these members. Where exposed beam ceiling
members are spaced at 48 inches or more on center, ceiling height shall be
measured to the bottom of the deck supported by these members, provided that
the bottom of the members is not less than 7 feet above the floor.
If any room in a building has a sloping ceiling, the prescribed ceiling
height for the room is required in only one-half the area thereof. Not portion of
the room measuring less than 5 feet from the finished floor to the finished ceiling
shall be included in any computation of the minimum area thereof.
If any room has a furred ceiling, the prescribed ceiling height is required in two-
thirds the area thereof, but in no case shall the height of the furred ceiling be less
than 7 feet.
2.
Floor Area.
I
Every dwelling unit shall have at least one room which shall have not less than
120 square feet of floor area. Other habitable rooms, except kitchens, shall have
an area of not less that 70 square feet. Where more than two persons occupy a
room used for sleeping purposes, the required floor area shall be increased at the
rate of 50 square feet for each occupant in excess of two.
EXCEPTION: Nothing in this section shall prohibit the use of an efficiency
living unit within an apartment house meeting the following requirements:
a.
The unit shall have a living room of not less than 220 square feet. of
superficial floor area. An additional 100 square feet of superficial floor
area shall be provided for each occupant of such unit in excess of two.
b.
The unit shall be provided with a separate closet.
c.
The unit shall be provided with a kitchen sink, cooking appliance and
refrigeration facilities, each having a clear working space of not less than
30 inches in front. Light and ventilation conforming to this code shall be
provided .
d.
The unit shall be provided with a separate bathroom containing a water
closet, lavatory and bathtub or shower.
I
7
ORDINANCE NO. 8003 (Cont)
I
3.
Width.
No habitable room other than a kitchen shall be less than 7 feet in any dimension.
Each water closet stool shall be located in a clear space not less than 30 inches
in width and a clear space in front of the water closet stool of not less than 24
inches shall be provided.
~8-88.
Light and Ventilation
1.
Natural Light and Ventilation. All guest rooms, dormitories and habitable
rooms within a dwelling unit shall be provided with natural light by means of
exterior glazed openings with an area not less than one twentieth of the floor area
of such rooms with a minimum of 5 square feet. All bathrooms, water closet
compartments, laundry rooms and similar rooms shall be provided with natural
ventilation by means of openable exterior openings with an area not less than one-
twentieth of the floor area of such rooms with a minimum of 11/2 square feet.
I
All guest rooms, dormitories and habitable rooms within a dwelling unit
shall be provided with natural ventilation by means of openable exterior openings
with an area of not less than one-twentieth of the floor area of such rooms with
a minimum of 5 square feet.
2.
Origin of Light and Ventilation. Required exterior openings for natural light
and ventilation shall open directly onto a street or public alley or a yard or court
located on the same lot as the building.
EXCEYfION: Required windows may open into a roofed porch where the
porch:
a. Abuts a street, yard, or court; and
b. Has a ceiling height of not less than 7 feet; and
c. Has the longer side at lease 65 percent open and unobstructed.
A required window in a service room may open into a vent shaft which
is open and unobstructed to the sky and not less than 4 feet in least dimension.
No vent shaft shall extend through more than two stories.
I
For the purpose of determining light and ventilation requirements, any
room may be considered as a portion of an adjoining room when one half of the
8
I
~8-89 .
I
ORDINANCE NO. 8003 (Cont)
area of the common wall is open and unobstructed and provides an opening of not
less than one tenth of the floor area of the interior room or 25 square feet,
whichever is greater.
3.
Mechanical Ventilation. In lieu of openable windows for natural ventilation, a
mechanical ventilation system may be provided. Such system shall be capable of
providing two air changes per hour in all guest rooms, dormitories, habitable
rooms, and in public corridors. One-fifth of the air supply shall be taken from
the outside. In bathrooms, water closet compartments, laundry rooms, and
similar rooms, a mechanical ventilation system connected directly to the outside
or into attic space properly ventilated in compliance with the current uniform
building code capable of providing five air changes per hour, shall be provided.
4.
Hallways. All public hallways, stairs and other exitways shall be adequately
lighted at all times in accordance with Section 3312(a) of the Building Code.
General
1.
Dwelling Units and Lodging Houses. Every dwelling unit and every lodging
house shall be provided with a bathroom equipped with facilities consisting of a
water closet, lavatory, and either a bathtub or shower.
2.
Hotels. Where private water closets, lavatories and baths are not provided, there
shall be provided on each floor for each sex at least one water closet and lavatory
and one bath accessible from a public hallway. Additional water closets,
lavatories and baths shall be provided on each floor for each sex at the rate of one
for every additional ten guests, or fractional number thereof in excess of ten.
Such facilities shall be clearly marked for "Men" or "Women."
3. Kitchen. Each dwelling unit shall be provided with a kitchen. Every kitchen
shall be provided with a kitchen sink. Wooden sinks or sinks of similarly
absorbent material shall not be permitted.
4. Fixtures. All plumbing fixtures shall be connected to a sanitary sewer or to an
approved private sewage disposal system. All plumbing fixtures shall be
connected to an approved system of water supply and provided with hot and cold
running water necessary for its normal operation.
I
All plumbing fixtures shall be of an approved glazed earthenware type of
a similarly nonabsorbent material.
9
ORDINANCE NO. 8003 (Cont)
I
5.
Water Closet Compartments. Walls and floors of water closet compartments,
except in dwellings, shall be finished in accordance with Section 511 of the
Building Code;
6.
Room Separations. Every water closet, bathtub or shower required by this code
shall be installed in a room which will afford privacy to the occupant. A room
in which a water closet is located shall be separated from food preparation or
storage rooms by a tight-fitting door.
7.
Installation and Maintenance. All sanitary facilities shall be installed and
maintained in safe and sanitary condition and in accordance with applicable
requirements of the Plumbing Code.
18-90.
Grading and drainage.
All premises shall be graded and maintained to prevent the accumulation of stagnant
water thereon, or within any structure located thereon.
18-91.
Accessory structures.
I
All accessory structures, including detached garages, fences and walls, shall be
maintained structurally sound and in good repair.
18-92.
Insect screens.
During the period from June 1 to October 31 every door, window and other outside
opening used or required for ventilation purposes serving any building containing habitable
rooms, food preparation areas, food service areas, or any areas where products used in food for
human consumption are processed, manufactured, packaged or stored, shall be supplied with
approved tightly fitting screens of not less than 16 mesh per inch and every swinging door shall
have a self-closing device in good working condition.
EXCEYfION: Screen doors shall not be required for out-swinging doors or other types of
openings which make screening impractical, provided other approved means, such as air curtains
or insect repellent fans are employed.
18-93.
Doors.
All exterior doors and hardware shall be maintained in good condition. Locks at all
entrances to dwelling units, rooming units and guest rooms shall tightly secure the door.
I
10
I
~8-94.
ORDINANCE NO. 8003 (Cont)
Accumulation of rubbish or garbage.
The interior of every structure shall be free from any accumulation of litter, as defined
in Section 17-1 of the Grand Island City Code.
~8-95.
I
~8-96.
2.
I
Division 6. Structural Requirements
General
1.
General. Buildings or structures may be of any type of construction permitted
by the Building Code. Roofs, floors, walls, foundations and all other structural
components of buildings shall be capable of resisting any and all forces and loads
to which they may be subjected. All structural elements shall be proportioned
and joined in accordance with the stress limitations and design criteria as specified
in the appropriate sections of the Building Code. Buildings of every permitted
type of construction shall comply with the applicable requirements of the Building
Code.
2.
Shelter. Every building shall be weather protected so as to provide shelter for
the occupants against the elements and to exclude dampness.
3. Protection of Materials. All wood shall be protected against termite damage and
decay as provided in the Building Code.
Division 7. Mechanical Requirements
Heating and Ventilation
1.
Heating. Every dwelling unit and guest room shall be provided with heating
facilities capable of maintaining a room temperature of 70 degrees F. Such
facilities shall be installed and maintained in a safe condition and in accordance
with the provisions of the Grand Island City Code, and all other applicable laws.
No unvented or open flame gas heater or apparatus shall be permitted. All
heating devices or appliances shall be of an approved type.
Electrical Equipment. All electrical equipment, wiring and appliances shall be
installed and maintained in a safe manner in accordance with all applicable laws.
All electrical equipment shall be of an approved type.
11
ORDINANCE NO. 8003 (Cont)
I
3.
Ventilation. Ventilation for rooms and areas, and for fuel burning appliances
shall be provided as required in the Grand Island City Code. Ventilating
equipment shall be of an approved type, installed and maintained in a safe manner
and in compliance with the current uniform building code and all other applicable
laws. When mechanical ventilation is provided in lieu of the natural ventilation,
such mechanical ventilating system shall be maintained in operation during the
occupancy of any building or portion thereof.
~8-97.
Facilities Required.
Every building used for human occupancy shall be provided with an electrical system in
compliance with the requirements of Sections 703 through 706.
~8-98.
Receptacles.
Every habitable space in a dwelling shall contain at lease two separate and remote
receptacle outlets. Every laundry area shall contain at least one grounded type receptacle.
Every bathroom shall contain at lease one receptacle.
~8-99.
Lighting Fixtures.
I
Every public hall, interior stairway, watercloset compartment, bathroom, laundry room
and furnace room shall contain at least one electric lighting fixture.
f8-too.
Service.
The size and usage of appliances and equipment shall be used as a basis for determining
the need for additional facilities in accordance with NFiP A 70. Every dwelling shall be served
by a main service which is not less than 60 ampere, three wire.
~8-101.
Installation.
All electrical equipment, wiring and appliances shall be properly installed and maintained
in a safe and approved manner.
~8-t02.
Electrical System Hazards.
I
Where it is found that the electrical system in a structure constitutes a hazard to the
occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets,
improper wiring or installation, deterioration or damage, or for similar reasons, the code official
shall require the defects to be corrected to eliminate the hazard.
12
I
ORDINANCE NO. 8003 (Cont)
Division 8. Exits
f8-103.
General
Every dwelling unit or guest room shall have access directly to the outside or to a public
corridor. All buildings or portions thereof shall be provided with exits, exitways and
appurtenances as required by Chapter 33 of the Building Code.
Every sleeping room below the fourth story shall have at least one operable window or
exterior door approved for emergency escape or rescue. The units shall be operable from the
inside to provide a full clear opening without the use of separate tools.
Division 9. Fire Protection
~8-104.
General
I
All buildings or portions thereof shall be provided with the degree of fire-resistive
construction as required by the Building Code for the appropriate occupancy, type of
construction and location on property; and shall be provided with the appropriate fire-
extinguishing systems or equipment required by Chapter 38 of the Building Code.
Division 10. Substandard Buildings
~8-105.
Definition
1.
General. Any building or portion thereof, including any dwelling unit, guest
room, or suite of rooms, or the premises on which the same is located, in which
there exists any of the following listed conditions to an extent that endangers the
life, limb, health, property, safety, or welfare of the public, or the occupants
thereof, shall be deemed and hereby is, declared to be a substandard building.
The extent of danger of life, limb, health, property, safety, or welfare of the
public or the occupants thereof shall be determined by the chief building inspector
and the health and sanitation officer, and upon request, the fire chief.
2.
Inadequate Sanitation. Inadequate sanitation shall include but not be limited to
the following:
a.
Lack of, or improper water closet, lavatory bathtub or shower in a
dwelling unit or lodging house.
I
13
ORDINANCE NO. 8003 (Cont)
I
b.
Lack of, or improper water closets, lavatories and bathtubs or showers per
number of guests in a hotel.
c. Lack of, or improper kitchen sink in a dwelling unit.
d. Lack of hot and cold running water to plumbing fixtures in a hotel.
e. Lack of hot and cold running water to plumbing fixtures in a dwelling unit
or lodging house.
f. Lack of adequate heating facilities.
g. Lack of, or improper operation of required ventilating equipment.
h. Lack of minimum amounts of natural light and ventilation required by this
code.
1. Room and space dimensions less than required by this code.
J. Lack of required electrical lighting.
I
k.
Dampness of habitable rooms.
1. Infestation of insects, vermin or rodents as determined by the health
officer.
m. General dilapidation or improper maintenance.
n. Lack of connection to required sewage disposal system.
o. Lack of adequate garbage and rubbish storage and removal facilities as
determined by the health officer.
3. Structural Hazards.
Structural hazards shall include but not be limited to the following:
a.
Deteriorated or inadequate foundations.
b.
Defective or deteriorated flooring or floor supports.
I
14
ORDINANCE NO. 8003 (Cont)
I
c.
Flooring or floor supports of insufficient size to carry imposed loads with
safety.
d. Members of walls, partitions or other vertical supports that split, lean, list
or buckle due to defective material or deterioration.
e. Members of walls, partitions or other vertical supports that are of
insufficient size to carry imposed loads with safety.
f. Members of ceilings, roofs, ceiling and roof supports or other horizontal
members with sag, split or buckle due to defective material or
deterioration.
g. Members of ceilings, roofs, ceiling and roof supports, or other horizontal
members that are of insufficient size to carry imposed loads with safety.
h. Fireplaces or chimneys which list, bulge or settle, due to defective
material or deterioration.
I
i. Fireplaces or chimneys which are of insufficient size or strength to carry
imposed loads with safety.
4.
Nuisance. Any nuisance as defined in this code.
5. Hazardous Electrical Wiring. Electrical wiring which was installed in violation
of code requirements in effect at the time of installation or electrical wiring not
installed in accordance with generally accepted construction practices in areas
where no codes were in effect or which has not been maintained in good
condition or which is not being used in a safe manner shall be considered
substandard.
6. Hazardous Plumbing. Plumbing which was installed in violation of code
requirements in effect at the time of installation or plumbing not installed in
accordance with generally accepted construction practices in areas where no codes
were in effect or which has not been maintained in good condition or which is not
free of cross-connections or siphonage between fixtures shall be considered
substandard.
7.
Hazardous Mechanical Equipment. Mechanical equipment which was installed
in violation of code requirements in effect at the time of installation or mechanical
equipment not installed in accordance with generally accepted construction
I
15
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I
12.
I
ORDINANCE NO. 8003 (Cont)
practices in areas where no codes were in effect or which has not been maintained
in good and safe condition shall be considered substandard.
8.
Faulty Weather Protection, which shall include but not be limited to the
following:
a. Deteriorated, crumbling or loose plaster.
b. Deteriorated or ineffective waterproofing of exterior walls, roof,
foundations or floors, including broken windows or doors.
c. Defective or lack of weather protection for exterior wall coverings,
including lack of paint, or weathering due to lack of paint or other
approved protective covering.
d. Broken, rotten, split or buckled exterior wall coverings or roof coverings.
9.
Fire Hazard. Any building or portion thereof, device, apparatus, equipment,
combustible waste or vegetation which, in the opinion of the chief of the fire
department or his deputy, is in such a condition as to cause a fire or explosion or
provide a ready fuel to augment the spread and intensity of fire or explosion
arising from any cause.
10.
Faulty Materials of Construction. All materials of construction except those
which are specifically allowed or approved by this code and the Building Code,
and which have been adequately maintained in good and safe condition.
11.
Hazardous or Unsanitary Premises. Those premises on which an accumulation
of litter, weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat
harborages, stagnant water, combustible materials and similar materials or
conditions constitute fire, health or safety hazards.
Inadequate Exits. Except for those buildings or portions thereof which have
been provided with adequate exit facilities conforming to the provisions of this
code, buildings or portions thereof whose exit facilities were installed in violation
of code requirements in effect at the time of their construction or whose exit
facilities have not been increased in number or width in relation to any increase
in occupant load due to alterations, additions or change in use or occupancy
subsequent to the time of construction shall be considered substandard.
16
ORDINANCE NO. 8003 (Cont)
I
Notwithstanding compliance with code requirements in effect at the time
of their construction, buildings or portions thereof shall be considered substandard
when the building official finds that an unsafe condition exists through an
improper location of exits, a lack of an adequate number or width of exit, or
where other conditions exist which are dangerous to human life.
13.
Inadequate Fire-protection or Fire-fighting Equipment. All buildings or
portions thereof which are not provided with the fire-resistive construction or fire-
extinguishing systems or equipment required by this code, except those buildings
or portions thereof which conformed with all applicable laws at the time of their
construction and whose fire-resistive integrity and fire-extinguishing systems or
equipment have been adequately maintained and improved in relation to any
increase in occupant load, alteration or addition, or any change in occupancy.
14.
Improper Occupancy. All building or portions thereof occupied for living,
sleeping, cooking or dining purposes which were not designed or intended to be
used for such occupancies.
SECTION 2. Sections 8-17 and 8-18 of Chapter 8 of the Grand Island City Code
I
and any other ordinance or ordinances 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
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mw L. Dobes .MaYor
ATTEST;
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I
17
ORDINANCE NO. 8004
I
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; and repealing ordinances or parts of ordinances or provisions in the Grand
Island City Code in conflict herewith.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. A special tax is hereby levied for the cost of cutting, destroying,
and removing weeds, grasses, or worthless vegetation upon the hereinafter described lots and
pieces of ground during the 1993 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 due
notice thereof, in the following amounts:
NAME LOT BLK ADDITION AMOUNT
Calette M Oakley W440' 6 Norwood $162.50
Bonnie Gilpin E56'W174' 5 Hann's Third 160.00
Ellis Douthit Jr 10 Castle Estates 167.50
Roger & Donna Luft 11 16 University Place 240.00
Frontier Property Corp 22 Kallos Second 160.00
Llamas Enterprises S97' 24 and
N38' 26 and
25 Holcomb Highway Homes 160.00
Philip & Virginia Smith 6 2 Dale Roush Second 80.00
Western Heights
Development 1 Western Heights Fourth 182.50
Central States Const Fonnerview Second 842.50
Lawrence Jonak E40' 3 16 Original Town 50.00
Jamie Grein 7 8 Voitle's 80.00
I Louis Smith or
Jerry Sobieszyk 1 13 Lambert's 137.50
ORDINANCE NO. 8004 (Cont)
I Larry W & Sherry Coffey 3, 4, 5 Spaulding & Greggs, and
its complement 3 3 Arnold Place 65.00
Darlene Reynolds 3 26 Nagy's 255.00
Flora Valdez and
Mike Valdez S42' 4 23 Nagy's 130.00
Carpio Casares 1 69 Original Town 65.00
Metro Publishing S1f2 5 3 Original Town/Nagy's 65.00
Lynn Fenton Pritchard 4 1 Lambert's Second 160.00
Emma Mueller Fr 10 33 Packer & Barr's Second 130.00
Lavern Miller 25 Belmont 65.00
Kevin & Barbara Chelewski 4 7 George Loan's 160.00
Robert & Nancy Wheeler 5 Nabob 80.00
Paula G Anderson 1 15 Evans 65.00
Daniel Graves Pt 4 Washington Tnsp Wilson 80.00
Verla Mae Wickizer S81.8' 8 101 Koenig & Wiebe's 65.00
SECTION 2. Such special tax shall be due and payable to the City thirty days after such
levy and shall become delinquent fifty days after such levy. After the same shall become
I
delinquent, interest at the rate of 14 percent 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. 100.142.04135 from which the cost of such improvement was paid.
SECTION 6. All ordinances or parts of ordinances or provisions in the Grand Island
City Code in conflict herewith, be, and the same are, hereby repealed.
I
ORDINANCE NO. 8004 (Cont)
I
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 /)~4y-~Q / / r 1(; C; L
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Ernest L. Dobesh, Mayor
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. THIS SPACB RESERVBD POR RBOISTBR OP DBP.DS .
ORDINANCE NO. 8005
I
An ordinance to vacate a certain easement in Lot 1, Park Island Square
Subdivision in the City of Grand Island, Nebraska; to provide for filing this ordinance in the
office of the Register of Deeds of Hall County; and to provide the effective date of this
ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That the 16 foot utility easement as shown on the attached Exhibit
A and dated December, 1993, be, and hereby is, vacated.
SECTION 3. This ordinance is directed to be filed in the office of the Register
of Deeds of Hall County, Nebraska.
I
ORDINANCE NO. 8005 (Cont)
I
SECTION 4. This ordinance shall be in force and take effect from and after its
passage, approval, and publication within fifteen days in one issue of the Grand Island
Independent as provided by law.
Enacted Of~
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A Part of Ordinance No. 800S
City of Grand Island, Nebraska
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ORDINANCE NO. 8006
I An ordinance directing and authorizing the conveyance of the West 205 feet of
Lot 4, Webb Road Subdivision to the City of Grand Island, Hall County, Nebraska; providing
for the giving of notice of such conveyance and the terms thereof; providing for the right to file
a remonstrance against such conveyance; and providing the effective date hereof.
I
I
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The conveyance to DUGAN FUNERAL SERVICES, INC., a
Nebraska corporation, the West Two Hundred Five Feet (205') of Lot Four (4), Webb Road
Subdivision, in the City of Grand Island, Hall County, Nebraska, is hereby authorized and
directed.
SECTION 2. The consideration for such conveyance shall be One Hundred Fifty
Three Thousand Seven Hundred and One Dollars ($153,701.00). Conveyance of the real estate
above described shall be by warranty deed, upon delivery 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 such notice.
ORDINANCE NO. 8006 (Cont)
I
SECTION 4. Authority is hereby granted to the electors of the City of Grand
Island to file a remonstrance against the conveyance of such within described real estate; and
if a remonstrance against such conveyance signed by legal electors of the City of Grand Island
equal in number to thirty percent of the electors of the City of Grand Island voting at the last
regular municipal election held in such City be filed with the city council within thirty days of
passage and publication of such ordinance, said property shall not then, nor within one year
thereafter, be conveyed.
SECTION 5. The conveyance of said real estate is hereby authorized, directed,
and confirmed; and if no remonstrance be filed against such conveyance, the Mayor and City
Clerk shall make, execute, and deliver to DUGAN FUNERAL SERVICES, INC., a warranty
I
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.
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. dy K. Cartwright, Ity Clerk
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. THIS SPACE RESERVED FOR REGISTER OF DEEDS ·
ORDINANCE NO. 8007
An ordinance to vacate part of Monroe Street between First and Second Streets
between Blocks 17 and 18, Kernohan and Decker Addition to the City of Grand Island,
Nebraska, conditioned upon the reservation of existing public utilties easements; to provide for
filing this ordinance in the office of the Register of Deeds of Hall County; and to provide the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That part of Monroe Street between First and Second Streets from
the south line of Second Street 148 feet south to the south line of the alley in Blocks 17 and 18,
Kernohan and Decker Addition to the City of Grand Island. be, and hereby is, vacated, provided
and conditioned, that the City of Grand Island hereby reserves all of such street for existing
sewer, water, electric, storm drainage, gas, and other public utilities easements and all rights
and appurtenances thereto, and further provided and conditioned that the City of Grand Island
shall acquire and receive the following additional rights of way along West Second Street:
ORDINANCE NO. 8007 (Contd)
I
Beginning at the Northwest comer of Lot 4, Block 17, Kemohan
and Decker Addition, said point also being the intersection of the
South line of Second Street and the East line of Broadwell A venue,
thence South on the East line of Broadwell A venue for a distance
of twenty five (25) feet thence Northeasterly on a line to a point
on the South line of Second Street thence West on the South line
of Second Street for a distance of thirty five (35) feet to the point
of beginning, containing 437.5 square feet.
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. This ordinance shall be in force and take effect from and after its
I passage, approval, and publication within fifteen days in one issue of the Grand Island
Independent as provide,d by la~. fA 4-
(! ,h'1~~ If, {~Vl ..
Enacted~ jV[Y
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RNEST L. DOB H, Mayor
A TrEST: ,
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Cmdy K. wnght, CIty Clerk . J."
I
ORDINANCE NO. 8008
I
An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; changing the land use district of part of Webb Road Subdivision in the
City of Grand Island, Hall County, Nebraska, from R4-High Density Residential Zone to RO-
Residential Office Zone; directing that such zoning change and classification be shown on the
official zoning map of the City of Grand Island; amending the provisions of Section 36-7 of the
Grand Island City Code to conform to such reclassification;
WHEREAS, the Regional Planning Commission on May 4, 1994, held a public
hearing of the proposed rezoning of such area and recommended approval of the rezoning
request; and
I
WHEREAS, notice as required by Section 79-4,151, R.R.S. 1943, has been given
to the Board of Education of School District No. 2 in Hall County, Nebraska; and
WHEREAS, after public hearing on May 9, 1994, the City Council found and
determined that the change in zoning be approved and granted.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. A tract of land comprising Lot Four (4), and the North five
hundred (500) feet of Lot Five (5), Webb Road Subdivision in the City of Grand Island, Hall
County, Nebraska, be rezoned and reclassified and changed to RO-Residential Office Zone
classification.
I
SECTION 2. That the official zoning map of the City of Grand Island, Nebraska,
be, and the same is, hereby ordered to be changed, amended, and completed in accordance with
this ordinance.
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ORDINANCE NO. 8008 (Cont)
I
SECTION 3. That the findings and recommendations of the Regional Planning
Commission and the City Council of the City of Grand Island are hereby accepted, adopted, and
made a part of this ordinance.
SECTION 4. That Section 36~ 7 of the Grand Island City Code and all ordinances
and parts of ordinances in conflict herewith are hereby amended to reclassify the above-described
area as herein ordered and determined.
SECTION 5. That this ordinance shall be in force and take effect from and after
its passage and publication within fifteen days in one issue of the Grand Island Independent as
I
provided by law. \, n '" q ,/
FJ1acted J1.I1.J.) r q I 1- q:t.
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v/i EST L. DOB , Mayor
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ORDINANCE NO. 8009
I
An ordinance to amend Chapter 17 pertaining to Garbage, Refuse, Waste and
Weeds of the Grand Island City Code; to amend Section 17-1 to define certain terms; to amend
Section 17-2 to establish approved methods of disposal for garbage, litter, refuse and waste; to
amend Section 17-3 to establish duties of property owners pertaining to removal of accumulated
garbage, litter, refuse, yard waste or other waste; to repeal Sections 17-1, 17-2, and 17-3 as now
existing; to repeal any ordinances in conflict; to provide for publication of this ordinance; and
to provide the effective date.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 17-1 of Chapter 17 of the Grand Island City Code be and
hereby is amended to read as follows:
~17-1. Definitions
For the purposes of this chapter, the following words and phrases shall
have the following meanings:
I
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.
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.
I
1
ORDINANCE NO. 8009 (Cont)
I
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; (Hi) 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.
I
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.
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.
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 Chapter 17 of the Grand Island City Code be and
hereby is amended to read as follows:
I
2
ORDINANCE NO. 8009 (Cont)
I
fi17-2. 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 landfill transfer station and dispensing
there as directed by the person in charge; provided, that the transportation
conforms to the requirements of ~ 17-26;
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;
I
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
sanitary landfill transfer station, and dispensing there as directed by the person
in charge.
SECTION 3. Section 17-3 of Chapter 17 of the Grand Island City Code be and
hereby is amended to read as follows:
fi17-3. Removal; Duty of Owner
It shall be the duty of every owner, and person in possession, charge, or
in control of any dwelling, flat, rooming house, apartment house, hospital,
school, hotel, club, restaurant, boarding house, or eating place, or in possession,
in charge, or in control of any shop, place of business, or manufacturing
establishment, where garbage, litter, refuse, yard waste, or other waste material
is created, or accumulated, to remove or cause to be removed from the premises
where accumulated such garbage, litter, refuse, yard waste or waste material.
I
3
ORDINANCE NO. 8009 (Cont)
I
It shall be unlawful to place garbage, litter, refuse, yard waste, or waste
material in any alley, easement, or vacant property.
SECTION 4. Sections 17-1, 17-2, and 17-3 of Chapter 17 of the Grand Island
City Code, and any other ordinance or ordinances in conflict herewith are hereby repealed.
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. Jlf3
Enact ~ 9/ 119 4.-
~if~j- ~fltL~
Ernest L. Dobesh, ayor
I
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I
. THIS SPACE ResERVED POR RBOISTBR OP DIlBDS .
ORDINANCE NO. 8010
I
An ordinance to vacate a certain sanitary sewer easement in Lot 1 of 281 Retail
Subdivision in the City of Grand Island, Nebraska; to provide for filing this ordinance in the
office of the Register of Deeds of Hall County; and to provide the effective date of this
ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That a portion of a sanitary sewer easement in Lot 1 of 281 Retail
Subdivision in the City of Grand Island, Hall County, Nebraska, as shown on the attached plat
of 281 Retail Subdivision which is recorded as Document No. 90-102852, be, and hereby is,
vacated.
I
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ORDINANCE NO. 8010 (Cont)
I
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, approval, and publication within fifteen days in one issue of the Grand Island
Independent as provided by law.
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2BL _RETAIL SUBDIVISION
Jri..lliE CITY OF GRAND ISLAND, NEBRASKA
BENJAMIN 8 ASSOCIATES. INC.- ENGINEERS 8 SURVEYORS-GRANO ISLAND. NEBRASKA
I
. THIS SPACE RESERVED FOR REGISTER OF DBBDS .
ORDINANCE NO. 8011
An ordinance creating Street Improvement District No. 1189; defining the
I
boundaries of the district; providing for the improvement of a street within the district by
paving, curbing, guttering, and other incidental work in connection therewith; providing for
filing of this ordinance with the Hall County Register of Deeds; and providing the effective date
of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Street Improvement District No. 1189 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 Northwest cotner 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) feet; thence East on a line one hundred thirteen
ORDINANCE NO. 8011 (Cont)
I
(113) feet South of and parallel to the South line of 15th Street for
a distance of seven hundred ninety-nine (799) 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; 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) feet North of and parallel to the North line of
15th Street for a distance of seven (7) feet; thence South on the
East line of St. 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 of St. Paul Road for a
distance of sixty-six (66) feet; thence East on a prolongation of the
South line of 15th Street for a distance of thirty-three (33) feet to
the point of beginning, all as shown on the plat marked Exhibit
II A II attached hereto and incorporated herein by reference.
I
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.
Said improvements shall be made in accordance with plans and specifications
prepared by the Engineer for the City and approved by the Mayor and Council.
SECTION 4. 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
benefitted thereby as provided by law.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval, and publication, without the plat, as provided by law.
I
2
ORDINANCE NO. 8011 (Cont)
I
SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds, Hall County, Nebraska.
SECTION 7. After passage, approval, and publication of this ordinance, notice
of the creation of said district shall be published in the Grand Island Independent, a legal
newspaper published and of general circulation in said City, as provided by law.
Enacted
4-
&~d~ {)~,tJ
, Ernest L. Dobesh, ayor
ATTEST:
~~J< OOhuAH
Cin y K.n~rt\\T~ight, Cit lerk
I
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3
I
ORDINANCE NO. 8012
An ordinance to amend Section 2-1 of Chapter 2 of the Grand Island City Code;
to establish provisions for amending the scheduled regular meetings of the City Council by
resolution; to repeal original Section 2-1 Chapter 2 of the Grand Island City Code, and all other
ordinances and parts of ordinances in conflict herewith; and to provide an effective date.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 2-1 of the Grand Island City Code pertaining to regular
meetings of the council, be and hereby is amended to read as follows:
U-l. Regular Meetings
I
The regular meetings of the council shall be held at 7:00 p.m. in the council chambers
of city hall, on the second and fourth Mondays of each month; providing that if such meeting
shall occur on a holiday, the meeting shall be on the next secular day following, or such other
time as the council may provide. Amendments to the schedule of city council meeting dates
shall be by resolution.
SECTION 2. Original Section 2-1 Chapter 2 of the Grand Island City Code, and
any other ordinance or 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. ~. 10- {(AlA 4-
Enacted . 1 Aft 0 :J, ~ (VI .
j;4dL~~&~
Ernest L. Dobesh, ayor
I
ATTEST:
~
Cin
Approved as to Fonn ..
June 14, 1994
ORDINANCE NO. 8013
I
An ordinance directing and authorizing the conveyance of a tract of land in the
Platte Valley Industrial Park, in Hall County, Nebraska; providing for the giving of notice
of such conveyance and the terms thereof; providing for the right to file a remonstrance
against such conveyance; and providing the effective date hereof.
BE IT ORDAINED BY THE MA YOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECfION 1. The conveyance to CLEARY BUILDING CORP., a Wisconsin
Corporation, of a tract of land comprising a part of the Southwest Quarter of the
Northwest Quarter (SW%NW%), and part of the Northwest Quarter of the Southwest
I
Quarter (NW%SW%), of Section Five (5), Township Ten (10) North, Range Nine (9)
West of the 6th P.M., in Hall County, Nebraska, and more particularly described as
follows:
I
Beginning at the northeast corner of said Northwest Quarter
of the Southwest Quarter (NW%SW%); thence running
southerly along the east line of said Northwest Quarter of the
Southwest Quarter (NW%SW%), on an Assumed Bearing of
S 000 15' 04" E, a distance of Two Hundred Fifty Nine and
Thirty Four Hundredths (259.34) feet; thence running N 890
43' 58" W, a distance of Five Hundred Twenty Eight and
Thirty Two Hundredths (528.32) feet, to the southeast corner
of Lot One (1), Platte Valley Industrial Park Subdivision;
thence running N 000 00' 00" E, along the east line of Platte
Valley Industrial Park Subdivision, a distance of Five
Hundred Fifty (550.0) feet, to the northeast corner of Lot
One (1), Platte Valley Industrial Park Subdivision; thence
running N 890 43' 45" W, along the north line of Platte Valley
Industrial Park Subdivision, a distance of Four Hundred
Ninety Seven (497.0) feet, to the northwest corner of Platte
ORDINANCE NO. 8013 (Cont'd)
I
Valley Industrial Park Subdivision, and to a point of
curvature; thence running northwesterly along the arc of a
curve to the left, whose radius is Two Hundred Fifty (250.0)
feet, the long chord of which bears N 170 16' 2311 W, a long
chord distance of One Hundred Fifty and Thirty Five
Hundredths (150.35) feet; thence running N 340 46' 23" W, a
distance of Two Hundred Forty One (241.00) feet, to a point
on the easterly right of way line of U.S. Hwy. No. 281; thence
running N 000 13' 37" E along the easterly right of way line of
U.S. Hwy. No. 281, a distance of One Hundred Eighty Four
and Twenty Six Hundredths (184.26) feet; thence running S
89021' 2211 E, a distance of One Thousand Fifty One and
Ninety Five Hundredths (1,051.95) feet; thence running S 000
16' 2511 E, a distance of Four Hundred Eighty One and Sixty
Three Hundredths (481.63) feet; thence running S 880 59' 5911
E, a distance of One Hundred Fifty (150.0) feet, to a point
on the east line of said Southwest Quarter of the Northwest
Quarter (SWV4NWV4), thence running S 000 16' 25" E, along
the east line of said Southwest Quarter of the Northwest
Quarter (SWV4NWV4), a distance of Three Hundred Twenty
Five and Eighteen Hundredths (325.18) feet, to the point of
beginning and containing 18.531 acres more or less,
I
is hereby authorized and directed.
SECTION 2. The consideration for such conveyance shall be Three Thousand
Nine Hundred Fifty Six Dollars and Twenty Five Cents ($3,956.25) per acre.
Conveyance of the real estate above described shall be by warranty deed, upon delivery
of the consideration. The Grantee shall pay one-half of the cost of a title insurance
policy.
SECTION 3. As provided by law, notice of such conveyance and the terms
thereof shall be published for three consecutive weeks in the Grand Island Daily
Independent, a newspaper published for general circulation in the City of Grand Island.
I
Immediately after the passage and publication of this ordinance, the city clerk is hereby
directed and instructed to prepare and publish such notice.
ORDINANCE NO. 8013 (Cont'd)
I
SECfION 4. Authority is hereby granted to the electors of the City of Grand
Island to file a remonstrance against the conveyance of such within described real estate;
and if a remonstrance against such conveyance signed by legal electors of the City of
Grand Island equal in number to thirty percent of the electors of the City of Grand
Island voting at the last regular municipal election held in such City be filed with the city
council within thirty days of passage and publication of such ordinance, said property
shall not then, nor within one year thereafter, be conveyed.
SECfION 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
I
City Clerk shall make, execute, and deliver to CLEARY BUILDING CORP., a
Wisconsin Corporation, 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.
SECfION 6. This ordinance shall be in force and take effect from and after its
passage and publication within fifteen days in one issue of the Grand Island Daily
Independent, as provided by law.
.. -& " I IC{CAll/^
Enacted' )flJJ CDI . '~.dcJC..~
RNEST L. DOBESH, Mayor
ATTEST:
r
I
ORDINANCE NO. 8014
I
An ordinance specifying the amount to be raised by taxation for all municipal purposes,
and for off-street parking; levying taxes in the City of Grand Island, Nebraska, for the fiscal year
commencing on August 1, 1994, and ending on July 31, 1995; and providing for the certification and
collection thereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND,
NEBRASKA:
SECTION 1. The amount to be raised by taxation for all general municipal purposes for the
fiscal year commencing on August 1, 1994, in lieu of the municipal levies authorized by the several
statutes, is $4,695,773.
SECTION 2. Such amounts to be raised by taxation shall be assessed upon the value of all the
taxable property in the City of Grand Island, Nebraska, and such tax shall be collected in the manner
I
provided by law.
SECTION 3. The amount to be raised by taxation for public parking is $33,075 to be levied
within Vehicular Parking District Number Two created by the City as provided by law.
SECTION 4. The City Clerk of the City of Grand Island, Nebraska, is hereby instructed and
directed to certify to the County Clerk of Hall County, Nebraska, the amount of said taxes, together with
all unpaid special assessments and taxes authorized to be levied and certified, and the same shall be
collected in the manner provided by law.
SECTION 5. This ordinance shall be in force and take effect from and after its passage,
approval, and publication as provided by law.
Enacted
I
~TTES!:
l}ll
Cindy K. '
I
ORDINANCE NO. 8015
An ordinance known as the Annual Appropriation Ordinance of the City of Grand
Island, Nebraska; to allocate to the funds of such city the amount to be raised by taxation for all
municipal purposes, to service bonded indebtedness and pay police and firemen's retirement and
other city employee pensions for the fiscal year commencing on August 1, 1994, and ending on July
31, 1995; to amend certain expenses and liabilities; to provide for severability; to provide the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
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
I
appropriation shall be to pay for any and all necessary expenses and liabilities for the following
departments, funds, and operations.
SECTION 1. GENERAL FUND.
General Government
Administration
Economic Development
Mayor
Legislative
City Clerk
Central Support Services
Finance
Legal
City Hall
Personnel
$144,574.00
51,500.00
54,418.00
72,207.00
130,626.00
119,954.00
1,210,038.00
246,041.00
152,503.00
103,853.00
Public Safety
Building Inspection
Fire
$292,448.00
2,198,599.00
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1
I
ORDINANCE NO. 8015 (Cont)
Emergency Medical Service
Police Services
Communication/Civil Defense
815,610.00
3,294,271.00
577,235.00
Public Works
Engineering
Street and Transportation
$565,153.00
2,250,647.00
Environment and Leisure
Planning
Health
Library
Parks
Cemetery
Recreation
Aquatics
Government Educational TV
Zoo
$103,870.00
135,166.00
713,719.00
884,488.00
334,112.00
84,129.00
307,366.00
86,981.00
100,000.00
I
Other Divisions
N on-Departmental
$580,860.00
Total General Fund
$15,610,368.00
SECTION 2. SPECIAL REVENUE FUNDS
Enhanced 911 Communications
1993 Housing Grant
Community Development
Offstreet Parking District #1
Offstreet Parking District #2
Business Improvement District #1
1975 Downtown Improvement
Backflow Prevention Program
Total Special Revenue Funds
$143,500.00
120,000.00
1,222,541.00
85,778.00
22,808.00
69,311.00
7,328.74
37,457.00
$1,708,723.74
SECTION 3. DEBT SERVICE FUNDS
I
Tax Increment Bond 1988
Paving Districts Assessments
Refunding Bonds 1993
Total Debt Service Funds
$33,715.00
25,000.00
1,360,212.50
$1,418,927.50
2
I
ORDINANCE NO. 8015 (Cont)
SECTION 4. CAPITAL PROJECTS FUND
Capital Improvements
Total Capital Projects Fund
SECTION 5. ENTERPRISE FUNDS
Solid Waste
Golf Course
Racquet Center
Electric Utility
Water Utility
Sewer Utility
Total Enterprise Funds
SECTION 6. INTERNAL SERVICE FUNDS
I
Data Processing
Central Garage
General Insurance
Insurance Reserve
Total Internal Service Funds
SECTION 7. FIDUCIARY FUNDS
Agency & Pension Trust Funds
Employee Insurance
Savings Bond
Police and Fire Pension
Police Pension
Fire Pension
General Pension
ICMA Trust
Local Assistance Trust
Total Fiduciary Funds
Total Appropriation for All Funds
I
$4,230,346.00
$4,230,346.00
$1,919,975.00
505,221.00
56,380.00
27,771,118.00
3,388,430.00
15,167,403.00
$48,808,527.00
$360,299.00
698,312.00
756,400.00
546,030.31
$2,361,041.31
$153,981.29
51,598.75
248,014.00
138,500.00
151,500.00
728,854.00
150,000.00
315,309.82
$1,937,757.86
$76,075,691.41
3
I
ORDINANCE NO. 8015 (Cont)
SECTION 8. If any section, subscription, 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 9. This ordinance shall be in force and take effect from and after its passage,
approval, and publication as provided by law, and as of August 1, 1994.
Enacted ~ M'\t W \ \ C(\ A- .
~;fr/ f),Q-JJ
Ernest L. Dobe;( ~yor
ATTEST:
I c~~h~~~j:;kOW-
I
4
.
I
. TIDS SPACE RP8BRVBD FOR RBOISTBR OF DBBDS .
ORDINANCE NO. 8016
An ordinance to vacate a certain easement in Lot 1 of Park Island Square Second
I
Subdivision in the City of Grand Island, Nebraska; to provide for filing this ordinance in the
office of the Register of Deeds of Hall County; and to provide the effective date of this
ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That the Sixteen (16) foot utility easement as shown on the attached
Exhibit A and dated May, 1994, 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, approval, and publication within fifteen days in one issue of the Grand Island
I
Independent as provided by law.
IPPIOftU
(f)
=
=
-
I
ORDINANCE NO. 8016 (Cont)
Enacted (J-N (3/ ,q qC(
~L cJ: f)&dJ
-1i T L. DOBESIP,Mayor
ATTEST:
~d\~~ 1( ~kJkf,
Ci y K. Cartwnght, CIty Clerk
I
I
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........ ...............
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........ ........
p,.opo..d Vacal.d......... ........
IS' Ullllly Ea..m.nl ........ ..........................
........
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EXHmIT A
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DATE I MAY, .884
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I
. THIS SPACB RBSBRVBD POR RBOISTBR Of DBBD8 .
ORDINANCE NO. 8017
An ordinance to vacate certain easement in Lot 12 of Pleasant View Tenth
Subdivision in the City of Orand Island, Nebraska; to provide for filing this ordinance in the
I office of the Register of Deeds of Hall County; and to provide the effective date of this
ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That the Four (4.0) foot easement as shown in Lot Twelve (12) in
Pleasant View Tenth Subdivision, as shown on the attached Exhibit A, 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.
I
~
= i%~
,-
-
I
ORDINANCH NO, 8017 (Cont)
SECTION 3. This ordinance shall be in force and take effect from and after its
passage, approval, and publication within fifteen days in one issue of the Grand Island
Independent as provided by law.
Enac~ f3,IQqL/
~p.f g;;nL4~ ~
.- T L. DOBES , 'Mayor
ATTEST:
CLfd-1J. .f{, flvtfwuA1
"Cmdy K. Cartwnglit, CIty Clerk
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ORDINANCE NO. 8018
An ordinance assessing and levying a special tax to pay the 1994/1995 fiscal year
cost of Business Improvement District No.1 of the City of Grand Island, Nebraska; providing for the
collection of such special tax; repealing any provisions of the Grand Island City Code, ordinances,
and parts of ordinances in conflict herewith, 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 I.
Benefits to owner-occupied residential property are
I
hereafter proportioned on the basis of ten (10%) percent of the assessed value of the property; benefits
to all other classes of property are proportioned on the basis of one hundred (100 %) percent of the
assessed value of the property. Benefits within the classes of property are equal and uniform. There
is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited,
for the purpose of paying the 1994/1995 fiscal year cost of Business Improvement District No.1 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 1994/1995 fiscal year
cost is hereby levied at one time upon such lots, tracts, and lands, as follows:
NAME
DESCRIPTION
S31.9' E2/3 Lot 1, Block 54
Original Town
ASSESSMENT
Jerry Luth
$ 54.20
Red Rooster
W 1/3 Lot 1, Block 54,
Original Town
14.36
167.75
Norris R. Dennis
Lot 2, Blk 54, OT
I
-1-
I John Wayne N 1/2 of W 2/3 Lot 6;
N 1/2 Lot 5, Block 54;
Original Town 104.00
Gus Katrouzos S 60' W 1/3 Lot 5,
Block 54, Original Town 34.78
Gus Katrouzos S 60' W 16' E 2/3 Lot 5,
Block 54, Original Town 20.55
Nickie J. Kallas E 28' S 1/2 Lot 5;
N6' W 38' S 1/2, Lot 5,
Block 54, Original Town 45.97
Nickie J. Kallas W 22' S 1/2, Lot 6,
Block 54, Original Town 34.65
R. Dennis & Patricia E 22' W 44' S 1/2;
Norris E 22' Lot 6, Block 54,
Original Town 88.49
R. Dennis & Patricia W 1/3 Lot 7, Block 54,
I Norris Original Town 61. 94
R. Dennis & Patricia C 1/3 Lot 7, Block 54,
Norris Original Town 60.17
Red Rooster E 1/3 Lot 7, Block 54,
Original Town 56.41
Red Rooster W 1/3 Lot 8, Block 54,
Original Town 59.21
Red Rooster C 1/3 Lot 8, Block 54,
Original Town 59.84
Richard & Barbara E 1/3 Lot 8 (Except
Bellows 15' x 15' x 15' triangle
sold to City), Block 54,
Original Town 22.98
Nathan Detroits N 1/2 Lot 1, Block 55,
Original Town 101.23
Nathan Detroit Corp. N 44' S 1/2, Lot 1,
I Blk 55, Original Town 152.83
-2-
I John Aspen S 22 1/2 Lot 1, Block 55,
Original Town 20.58
Wayne & Opal Marsh S 1/2 W 1/2 Lot 3;
S 1/2 Lot 4, Block 55,
Original Town 143.02
N orwest Bank Omaha N 67 1/2' Lot 5, Block 55
Original Town 50.02
Charles Armstrong, J r. N 20' S 64.5' Lot 5,
Original Town 34.05
Henry & Fredda S 44.5' Lot 5, Block 55,
Bartenbach Original Town 77.62
William Y oungc1aus W 1/3 Lot 6, Block 55,
Original Town 78.54
William Y oungc1aus C 1/3 Lot 6, Block 55,
Original Town 68.89
I Arthur & Jeanene Campos E 1/3 Lot 6, Block 55,
Original Town 69.42
Donald & Caroline W 1/3 Lot 7, Block 55,
McDannal Original Town 63.19
Roger Keith & David C 1/3 Lot 7, Block 55,
Landis Original Town 90.33
Roger Keith & David E 1/3 Lot 7, Block 55,
Landis Original Town 90.33
Charles & Beatrice W 1/3 Lot 8, Block 55,
Holden Original Town 75.08
Charles & Beatrice C 1/3 Lot 8, Block 55,
Holden Original Town 73.93
Thomas W. Ziller W 1/3 Lot 8, Block 55,
Original Town 68.23
N orwest Bank Omaha N 68' Lot 1, Lot 2, E 1/2
Lot 3, Block 56,
Original Town 168.81
I -3-
I N orwest Bank Omaha N 22' S 42', W 6' S 20',
Lot 1, Block 56,
Original Town 20.95
N orwest Bank Omaha N 22' S 64' Lot 1,
Original Town 13.96
N orwest Bank Omaha S 20' E 60' Lot 1,
Blk 56, Original Town 11.53
Ron Van Behren & W 1/3 Lot 5, Block 56,
Ted Rookstool Original Town 87.73
Mary O. Ryder E 2/3 Lot 5, Block 56,
Original Town 162.91
Betty Tiner, Trustee W 2/3 Lot 6, Block 56,
Original Town 132.42
Betty Tiner, Trustee E 1/3 Lot 6, Block 56,
Original Town 66.22
I Duane A. Johnson Lot 7, Block 56,
Original Town 246.92
N orwest Bank Omaha Lot 8, Block 56,
Original Town 2,155.78
Merchants Development Lot 5, W 1/3 Lot 6,
Co. Block 57, Original Town 290.68
Fridley Theatre E 2/3 Lot 6, Block 57,
Original Town 193.24
Overland Building Corp. Lot 7, Block 57,
Original Town 412.46
Overland Building Corp. Lot 8, Block 57,
Original Town 1,531.11
FirsTier Bank N A Lot 1, Lot 2, Block 58,
Original Town 407.66
FirsTier Bank NA N 1/2 Lot 3, N 1/2 Lot 4,
Block 58, Original Town 88.82
I -4-
I FirsTier Bank NA S 1/2 Lot 3, S 1/2 Lot 4,
Block 58, Original Town 100.97
FirsTier Bank NA Lot 5, W 22', Lot 6,
Blk 58, Original Town 1,264.86
Tom Myers & Darrell Lot 1, Jensen Subdiv. 115.06
Albers
Kitchen & Bath Unlimited W 1/3 Lot 7, Blk 58,
Original Town 48.12
Kinney Middaugh C 1/3 Lot 7, Blk 58,
Original Town 56.21
Mary Henderson E 1/3 Lot 7, Blk 58,
Original Town 48.11
Mary Henderson W 1/3 Lot 8, Blk 58,
Original Town 52.72
Mary Henderson C 1/3 Lot 8, Blk 58,
I Original Town 78.64
Mary Henderson E 1/3 Lot 8, Blk 58,
Original Town 85.06
Mead Bldg. Centers of N 102 1/2' Lot 1, Blk 59,
G.I. Original Town 109.20
Mead Bldg. Centers of Lot 2, Block 59,
G.!. Original Town 126.79
Mead Bldg. Centers of N 33' Lot 4, Block 59,
G.I. Original Town 104.39
H H Land Co. S 291/2' Lot 1, Blk59,
Original Town 17.58
Wayne & Eileen Janssen S99' Lot 4, Lot 3,
Blk 59, Original Town 125.77
N orwest Bank Lot 5, Block 59,
Original Town 215.57
Larry & Mary Ann Gerdes W 23' Lot 6, Blk 59,
I Original Town 73.40
-5-
I Rose Agnes Boehl E 23' W 46' Lot 6,
Blk 59, Original Town 73.40
Iola H. Grimminger E 20' Lot 6, W 1/2 Lot 7,
Blk 59, Original Town 57.60
H & H Land Company W 22' E 1/2 Lot 7, Blk 59,
Original Town 102.71
H & H Land Company E 11' Lot 7, Lot 8, Blk 59,
Original Town 403.34
William Livengood Lot 1, Lot 2, Blk 60,
Original Town 229.07
William Livengood Lot 3, Block 60,
Original Town 125.59
N ogg/Kelso Chemical Lot 4, Blk 60,
Paper Co. Original Town 139.07
Doax Investment Co. Lots 5 & 6, Blk 60,
I Original Town 259.20
Doax Investment Co. Lots 7 & 8, Blk 60,
Original Town 234.14
N orwest Lots 1 & 2, Blk 61,
Original Town 618.72
Norwest Lots 3 & 4, Blk 61,
Original Town 642.10
Frances Reynolds Lot 5, Block 61,
Original Town 304.48
Jerome Niedfelt Lots 6,7, 8, Blk 61,
Original Town 777.77
Marketarian, Inc. S 44' Lot 1, Block 62,
Original Town 159.09
Betty Tiner, Trustee N 88' Lot 1, Block 62,
Original Town 549.62
I
-6-
I Betty Tiner, Trustee Lot 2, Block 62,
Original Town 293.72
N orthwestem Public S 66' Lot 4, N 66' of
Service E 57', S 66' Lot 3, Blk 62,
Original Town 347.23
Alan Zwink N 66' W 9' Lot 3, and
N 66' Lot 4, Blk 62,
Original Town 176.97
Vogel Enterprises E 16' Lot 5, W 1/2
Lot 6, Blk 62,
Original Town 280.11
Vogel Enterprises E 1/2 Lot 6, W 1/2
Lot 7, Block 62,
Original Town 85.19
David Raille E 1/2 Lot 7, Lot 8,
Blk 62, Original Town 240.36
I Old Sears Development, Lots 1 & 2, Blk 63,
Inc. Original Town 239.57
Old Sears Development, E 2/3 Lot 3, Blk 63,
Inc. Original Town 72.02
John Miller W 1/3 Lot 3, E 1/3
Lot 4, Block 63,
Original Town 185.67
Ken & Mary Leetch W 2/3 Lot 4, Blk 63,
Original Town 168.67
Bradford Real Estate Lot 7, Block 63,
Original Town 490.78
Grand Island Investment S 88' Lot 8, Blk 63,
Original Town 208.59
Norma Kehm E 1/3 Lot 1, Block 64,
Original Town 75.31
Craig Hand C 1/3 Lot 1, Blk 64,
Original Town 121. 94
I -7-
I Merchants Development W 1/3 Lot 1, Blk 64,
Original Town 77.62
Merchants Development E 44' Lot 2, Blk 64,
Original Town 231. 64
Merchants Development W 1/3 Lot 2, Blk 64,
Original Town 47.55
Daniel P. & Molly J. E 1/3 Lot 3, Blk 64,
Cimino Original Town 65.07
Merchants Development W 2/3 Lot 3, Blk 64,
Co. Original Town 141.37
D. Wetherilt & R. Lot 4, Blk 64,
Crumrine Original Town 384.97
Willard Cantin N 22' Lot 8, Blk 64,
Original Town 67.48
Ronald E. Grexa S 1/2, N 1/3 Lot 8, Blk 64,
I Original Town 63.53
Laverne & Donna Shehein N 44' of S 88' Lot 8,
Blk 64, Original Town 69.81
Wayne E. May Lot 1, Block 65,
Original Town 277.74
Drs. Grange, Pedersen, E 1/3 Lot 2, Blk 65,
Brown Original Town 69.35
Connie Swanson C 1/3 Lot 2, Blk 65,
Original Town 82.10
Mary O. Ryder W 1/3 Lot 2, Blk 65,
Original Town 144.73
Mr. & Mrs. Henry E 1/3 Lot 3, Blk 65,
Bartenbach Original Town 74.26
John & Eloise Clayton C 1/3 Lot 3, Blk 65,
Original Town 67.41
Howard & Gladys Eakes W 1/3 Lot 3, Blk 65,
I Original Town 83.09
-8-
I Allen V. & Linda Hoffer E 1/3 Lot 4, Blk 65,
Original Town 91.58
Stan Kully-Michael Kully W 2/3 Lot 4, Blk 65,
Original Town 146.97
Dymond Enterprises, Inc. N 22' Lot 5, Blk 65,
Original Town 51.31
Rose A. Boehl S 44' N 1/2 Lot 5,
Blk 65, Original Town 80.22
Doris Winkler S 1/2 Lot 5, Blk 65,
Original Town 220.31
Steve & Barbara Fuller W 1/3 Lot 6, Blk 65,
Original Town 68.73
Jon & Candace Powell E 2/3 Lot 6, Blk 65,
Original Town 136.63
Transportation Equipment W 1/2 Lot 7, Blk 65,
I Original Town 104.66
Grange, Pedersen, Brown N 55' of E 1/2 Lot 7,
N 55' Lot 8, Blk 65,
Original Town 50.19
Carol Nowka C 22' of E 1/2 Lot 7,
C 22' Lot 8, Blk 65,
Original Town 56.12
Grange, Pedersen, Brown W 18.9' of E 1/2 Lot 7,
N 29.9' of E 14.1' Lot 7,
N 29.9' of S 55' Lot 8,
Blk 65, Original Town 84.01
Grange, Pedersen, Brown S 25.1' of Lot 8, N 6' of
S 31.1' ofE40' Lot 8,
Blk 65, Original Town 115.45
Daryl Olson Lot 1, Lot 2, Blk 66,
Original Town 499.07
T. L. Anderson E 1/3 Lot 3, Block 66,
Original Town 41.16
I -9-
I Gladys Eakes C 1/3 Lot 3, W 1/3 Lot 3,
(Except S 17.5') Blk 66,
Original Town 110.26
Robert & Jeannie Woestman N88' E 1/3 Lot 4, Blk 66,
Original Town 77.68
Gary Vejvoda N 88' C 1/3 Lot 4, Blk 66,
Original Town 72.02
Ben's Drug Store, Inc. N80' W 1/3 Lot 4, Blk 66,
Original Town 88.42
Masonic Templecraft Assoc. W 17.5' S 44' Lot 3, 8' S
S 52' W 22', & S44', Blk 66,
Original Town 87.46
Henry & Fredda Bartenbach Lot 5, W 1/3 Lot 6, Blk 66,
Original Town 267.34
Henry & Fredda Bartenbach E 2/3 Lot 6, W 1/3 Lot 7,
Blk 66, Original Town 127.25
I James & Mary Keeshan E 2/3 Lot 7, Blk 66,
Original Town 68.79
Plaza Square Development S 1/2 Block 67,
Original Town 1,009.84
Rasmussen & Associates W 2/3 Lot 2, Blk 68,
Original Town 100.08
FOE # 378 Lot 3, Lot 4, Blk 68,
Original Town 1,803.25
Plaza Square Development Lot 5, W 22' Lot 6,
Blk 68, Original Town 136.07
Equitable Building & Loan Lot 1, Block 79,
Original Town 242.63
Equitable Building & Loan Lot 2, Block 79,
Original Town 94.67
I
-10-
I Equitable Building & Loan S 44' Lot 3, S 44'
Lot 4, Block 79,
Original Town 390.37
Margo Schager Lot A, Gilbert's North,
22' x 99' ,
Lot A Gilberts Sub North 103.24
Equitable Building & Loan Lot B, Gilbert's North 78.21
Equitable Building & Loan N 26' (+) Lot 8, Blk 79,
Original Town 19.82
Equitable Building & Loan S 17' (-) N 44' Lot 8,
Blk 79, Original Town 38.70
Equitable Building & Loan S 88' Lot 8, Block 79,
Original Town 93.66
Russel & Josephine O'Neill W 1/3 Lot 3, E 1/3
Lot 4, Block 80,
Original Town 232.46
I u. S. West Business Resource Lots 5, 6, 7, Blk 80,
Original Town 4,725.96
u. S. West Business Resource N 44' Lot 8, Blk 80,
Original Town 46.28
David & Tedd Huston C 1/3 Lot 8, Blk 80,
Original Town 163.31
Kenneth H & . S 44' Lot 8, Blk 80,
Josephine D. Elson Original Town 230.65
Olson Furniture, Inc. Lot 1, Block 81,
Original Town 228.41
Ron & Sharon Trampe W 1/3 Lot 2, Blk 81,
Original Town 103.90
William Harris E 1/3 Lot 3, Blk 81,
Original Town 53.32
Geraldine Moeller & C 1/3 Lot 3, Blk 81,
Gary Carothers Original Town 97.12
I -11-
I Ronald Krauss W 1/3 Lot 3, Lot 4,
Block 81, Original Town 245.93
Walnut Street Partnership Lot 5, Block 81,
Original Town 155.24
Walnut Street Partnership Lot 6, Block 81,
Original Town 85.75
Wheeler Street Partnership Lot 7, S 2/3 Lot 8,
Blk 81, Original Town 888.65
Schroeder- Rathman N 1/3 Lot 8, Block 81,
Original Town 160.47
Stauffer Communications, Lot 1, Block 82,
Inc. Original Town 151.85
Stauffer Communications, Lot 2, Block 82,
Inc. Original Town 215.86
Stauffer Communications, Lot 3, Block 82,
I Inc. Original Town 85.49
Stauffer Publications Lot 4, Block 82,
Original Town 155.83
Stauffer Publications Lot 5, 6, 7, 8,
Blk 82, Original Town 1,581.40
A. W. Hedgecock Family Lot 1, Lot 2, Blk 83,
Trust Original Town 143.45
Galesberg Inn Lot 1, Lot 2, Blk 83,
Original Town 469.07
JOMIDA, Inc. Lot 3, Lot 4, Blk 83,
Original Town 492.78
Dan Giese Co. E 41' N 28' Lot 8,
Blk 83, Original Town 55.59
Dan & Susan Geise Pt N 1/3 and S 2/3 Lot 8,
Blk 83, Original Town 196.01
Contryman & Associates Lot 3, Lot 4, Blk 85,
I Original Town 391.45
-12-
I G. 1. Liederkranz Lots 1, 2, 3, 4, Blk 87,
Original Town 572.37
Home Federal S & L of GI Pt Lots 1, 2, 3, 4, 7;
all 5, 6; Pt Vacated Alley
Blk 89, Original Town 404.59
Home Federal S & L Lot 9, County Sub., W 1/2
SW 1/4 Sec 15-11-9 1,562.89
John W. Wayne W 67' S 50' Lot 4, Hann
Addition 72.45
Dorothy K. Moore N 1/2 Lot 1, Blk 98,
Railroad Add 28.68
Arvid Carlson Lot 2, Block 98,
Railroad Add 172.86
Marie C. Kranz W 52' Lot 7, Blk 98,
Railroad Add 161.23
Lucille Jane Johnson E 14' Lot 7, Lot 8,
I Blk 98, Railroad Add 311.13
Contryman's Associates Lot 1, Lot 2, Blk 106,
Railroad Add 491. 73
Muffler Shop, Inc. Lot 1, Lot 2, Blk 107,
Railroad Add 445.08
Douthit Realty S 2/3 Lot 5, Blk 107,
Railroad Add 30.93
David E. Janda, DDS S 72' Lot 8, E 29.54'
of S 71.5' Lot 7,
Blk 107, Railroad Add 387.77
Marilyn Luther N 60' of E 22' of Lot 7,
N 60' Lot 8, Blk 107,
Railroad Add 274.42
Nick J amson Enterprises Lot 1, Lot 2, Blk 108,
Railroad Add 107.59
I
-13-
I Douglas Bookkeeping W 29' Lot 3, Lot 4,
Blk 108, Railroad Add 513.17
Donald J. & Janet L. S 88' Lot 5, Blk 108,
Placke Railroad Add 131.76
Sam & Barbara Huston Lot 6, Blk 108
Railroad Add 247.31
Bosselman, Inc. Lot 7, Lot 8, Blk 108,
Railroad Add 399.23
Jerry & Sandra L. Newman S 61' Lot 1, S 61' Lot 2,
Blk 109, Railroad Add 58.92
Poland Oil N 71' Lot 1, N 71' Lot 2,
Blk 109, Railroad Add 94.71
Mike Lilienthal E 59.5' Lot 3, Blk 109,
Railroad Add 82.13
Mike Lilienthal W 6.5' Lot 3, E 53' Lot 4,
Blk 109, Railroad Add 32.40
I
Roger L. McShannon Lot 5, Lot 6, Blk 109,
Railroad Add 304.42
Virgil L. & Darlene Lot 7, Block 109,
Roush Railroad Add 53.81
Virgil L. & Darlene Lot 8, Block 109,
Roush Railroad Add 53.81
Business World Blk 113 & Vacated
Investments Alley, Railroad Add 484.59
Judith Bost Daly S 88' Lot 7, Blk 114,
Railroad Add 47.82
Judith Bost Daly Lot 8, Block 114,
Railroad Add 319.73
Elaine J. Bishop Pt Lots 3, 4, 5, Blk 97,
Railroad Add 176.71
Riverside Investments N 43.25' Lot 1,
Hann's Add 774.25
I
-14-
I DEVCO, Inc. Yancey Condominium 001 14.69
DEVCO, Inc. Yancey Condominium 002 5.04
DEVCO, Inc. Yancey Condominium 101 14.03
DEVCO, Inc. Yancey Condominium 102 51.21
Ryder Roscaker McCue Huston Yancey Condominium 103 84.17
DEVCO, Inc. Yancey Condominium 301 98.49
Arvon & Luella Marcotte Yancey Condominium 302 69.00
Larry & Gail Fischer Yancey Condominium 303 89.55
William L. Zins Yancey Condominium 304 91.55
Michael & Susan Renken Yancey Condominium 305 116.52
Harriett Beckman Yancey Condominium 401 70.77
I ARTVEST III Yancey Condominium 402 80.47
ARTVEST III Yancey Condominium 403 77.65
John A. Dinsdale Yancey Condominium 404 89.71
ARTVEST III Yancey. Condominium 405 77.53
Larry D. Ruth Yancey Condominium 406 76.22
Wyndell & Barbara Fordham Yancey Condominium 407 114.04
Norwest Bank of Nebraska Yancey Condominium 501 70.75
ARTVEST III Yancey Condominium 502 82.97
George & Donna Shaeffer Yancey Condominium 503 77.64
Richard & Nancy Schonberger Yancey Condominium 504 89.66
ARTVESTIII Yancey Condominium 505 77.51
Jack & Kathy Schultz Yancey Condominium 506 76.20
I Richard & Nancy Tietgen Yancey Condominium 507 114.04
-15-
I ARTVEST III Yancey Condominium 601 70.77
DEVCO, Inc. Yancey Condominium 602 82.98
Donald & Lois Mathews Yancey Condominium 603 77.65
Daniel F. Clyne Yancey Condominium 604 89.66
ARTVESTIII Yancey Condominium 605 77.51
James & Eloise Ebel Yancey Condominium 606 76.22
Ralph & Jean Cuca Yancey Condominium 607 114.06
Radd C. or Gini W. Way Yancey Condominium 701 70.77
ARTVESTIII Yancey Condominium 702 82.98
Richard & Margaret Yancey Condominium 703 77.65
Johnson
Art & Jan Burtscher Yancey Condominium 704 89.66
I Henry Cech Yancey Condominium 705 77.53
Max & Patricia Linder Yancey Condominium 706 76.22
N else Zachry* Yancey Condominium 707 11.41
ARTVEST III Yancey Condominium 801 70.75
Mapes & Company Yancey Condominium 802 82.98
Mapes & Company Yancey Condominium 803 92.31
Virginia Mae Gosda Yancey Condominium 1002 82.98
Larry Callen Yancey Condominium 1003 92.31
M.J. Dillon Yancey Condominium 1004 133.71
Ruth Megard, Trustee Yancey Condominium 1005 100.88
Earl Holke* Yancey Condominium 1006 12.78
John & Sarah Campbell Yancey Condominium 1101 70.77
I Patrick & Linda Clare Yancey Condominium 1102 82.97
-16-
I Sharon Peshek Yancey Condominium 1103 92.30
ARTVEST III Partnership Yancey Condominium 1104 133.71
William L. Zins Yancey Condominium 1105 100.88
Judy J. Arnett* Yancey Condominium 804 13.37
Double E Partnership Yancey Condominium 805 100.87
Craig & Jane Pohlman Yancey Condominium 806 127.76
James F. Nissan Yancey Condominium 901 70.75
Elaine & Everett Evnen Yancey Condominium 902 82.98
Elaine & Everett Evnen Yancey Condominium 903 92.31
David M. McGrath* Yancey Condominium 904 13.37
Harold Hoppe Yancey Condominium 905 100.87
I Charles & Peggy McCann* Yancey Condominium 906 12.78
ARTVESTIII Yancey Condominium 1001 70.75
Robert & Mary Kriz Yancey Condominium 1106 127.76
Alan Ellison W 18.9' of 33' of S25.1,
Lot 7, Original Town 13.53
Lee Parker N 100.5' E 2/3 Lot 1,
Blk 54, Original Town 208.55
Equitable Bldg & Loan Yancey Condo 104 207.83
ARTVEST III Yancey Condo 201A 258.84
Platte Valley Properties Yancy Condo 201B
of G.!. 27.00
Platte Valley Properties Yancey Condo 201C
of G.!. 67.88
Platte Valley Properties Yancey Condo 201D
of G.!. 51.21
I -17-
I
Enviro-Clean Contractors,
Inc.
N 60' Frac Lots 1, 2,
3, Blk 89, Original Town
116.20
*Owner occupied residential property
SECTION 2. The special tax shall become delinquent in fifty days from date of
this levy; the entire amount so assessed and levied against each lot or tract may be paid within fifty
days from the date of this levy without interest and the lien of special tax thereby satisfied and
released. After the same shall become delinquent, interest at the rate of fourteen percent 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
I
as the "Downtown Coordination Fund" for Business Improvement District No 1.
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.
ATTEST:
~~~'~
,-~ ., ! \A\ \
mdy K. rtwn t, Ity r
I
-18-
ORDINANCE NO. 8019
I
An ordinance to amend the Grand Island City Code by amending Section
13-3 of Chapter 13 pertaining to the Downtown Improvement and Parking District; to
establish the annual rates of the general license and occupation tax and classification of
business; to repeal the original Section 13-3; and to provide the effective date of this
ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF GRAND ISLAND, NEBRASKA:
SECTION I. That Section 13-3 of Chapter 13 of the Grand Island City
Code is amended to read as follows:
Sec. 13-3.
TAX RATE
The annual rate of the general license and occupation tax and
classification of businesses are as follows:
1. $00.0948 square foot floor space upon all space used for
business and professional offices in the district; Provided,
2. $76.07 minimum annual tax for any single business or professional
office should the tax rate under 1 above be less than $76.07;
3.
Any business or professional office operating and maintaining any
off-street parking place within said Downtown Improvement and
Parking District which is hereby defined as 180 square feet which
may be reasonably used for parking a motor vehicle shall receive
$5.00 credit in computing the tax due under 1 above, but, in no
event shall pay less than the minimum annual tax as set forth in
2 above.
I
SECTION 2. That the original Section 13-3 of the Grand Island City
Code as heretofore existing is hereby repealed.
SECTION 3. This ordinance shall be in full force and effect from and
after its passage, approval, and publication within fifteen days, as provided by law.
Enacted ~ 1~\(01D . A~lf.Q~J0
~ , ayor
I.
ATTEST:
&(\(t~ ~b(\AM)U-
Cindy ~ ~righth~ity Clerk
'\
,
'; if) "co.:i,'? '1
!
;y
/
ORDINANCE NO. 8020
I
An ordinance creating Water Main Connection District 417T in the City of Grand
Island, Hall County, Nebraska; defining the boundaries of the district; providing for the laying
of a water main in said district; providing for plans and specifications and securing bids;
providing for the 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 Connection District 417T in the City of Grand Island,
Hall County, Nebraska, is hereby created for the laying of a six (6) inch main in 20th Street
from Illinois Street to the West for four hundred (400) feet.
I
SECTION 2. The boundaries of such water main connection district shall be as
follows:
I
Commencing at the Northeast corner of Lot Twenty Eight (28),
Geer Subdivision; thence Southerly along the Easterly line of said
Lot Twenty Eight (28), a distance of one hundred eighty three and
four-tenths (183.4) feet, to the Actual Point of Beginning; thence
continuing Southerly along the Easterly line of said Lot Twenty
Eight (28), a distance of one hundred eighty three and four-tenths
(183.4) feet, to the Northerly right-of-way line of Twentieth (20th)
Street; thence Easterly along the Northerly right-of-way line of
said Twentieth (20th) Street, a distance of one hundred thirty two
(132.0) feet, to the Easterly line of Lot Twenty Six (26), Geer
Subdivision; thence Southerly along the Easterly line of said Lot
Twenty Six (26), a distance of sixty (60.0) feet, to the Southerly
right-of-way line of said Twentieth (20th) Street; thence Westerly
along the Southerly right-of-way line of said Twentieth (20th)
Street, a distance of sixty six (66.0) feet, to the Easterly line of
Lot Twenty Seven (27), Geer Subdivision; thence Southerly
along the Easterly line of said Lot Twenty Seven (27), a distance
of one hundred eighteen and four-tenths (118.4) feet, to a point
ORDINANCE NO. 8020 (Cont)
I
I
twenty five (25) feet North of the Southeast corner of said Lot
Twenty Seven (27); thence Westerly parallel to the Southerly line
of Lots Twenty Seven (27), Twenty Eight (28), Twenty Nine (29),
and Thirty (30), all of Geer Subdivision, a distance of two hundred
forty four and one-tenth (244.1) feet, to the Easterly right-of-way
line of Plum Street; thence Northwesterly along the Easterly right-
of-way line of Plum Street, a distance of forty seven and two-
tenths (47.2) feet, to a point on the Westerly line of said Lot
Thirty (30); thence Northwesterly, a distance of one hundred sixty
seven and nine-tenths (167.9), feet to a point on the Westerly line
of Lot Thirty One (31), Geer Subdivision, said point being three
hundred sixty six and eight-tenths (366.8) feet South of the
Northwest corner of said Lot Thirty One (31); thence Northerly
along the said Westerly line of said Lot Thirty One (31), a
distance of one hundred eighty three and four-tenths (183.4) feet;
thence Easterly parallel to the Northerly line of Lots Twenty Eight
(28), Twenty Nine (29), Thirty (30), and Thirty One (31), all of
Geer Subdivision, a distance of two hundred ninety seven (297.0)
feet, to the said Point of Beginning, all as shown on the plat
marked Exhibit A 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.
Construction of said water main shall be completed by personnel of the City of Grand Island.
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, based on the cost of a
six (6) inch water main, 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 of the City Council to
I
the Hall County Register of Deeds. A connection fee in the amount of the 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
2
ORDINANCE NO. 8020 (Cont)
I
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 Connection District No. 417T for the
purpose of creating a sinking fund for the payment of bonds. Payment of the cost of
construction of Water Main Connection District 417T may be made by warrants drawn upon the
Water Surplus Account.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval, and publication within fifteen days in one issue of the Grand Island
I
Independent as provided by law.
EnaC~J 4ft ( /3 , tWiLl
fA~€#tcA fJdJJJ
. Ernest L. Dob~sh, Mayor
~~t
C!liJc 'nU1'
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3
ORDINANCE NO.
8021
(Cant)
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SECTION 3. Director.
The Authority shall select a person to serve as the
Director and Ex Officio Secretary of the Community Redevelopment
Authority, and that person shall perform such duties as may be
assigned by the Authority, including the necessary administrative
functions described in NEB. REV. STAT. S18-2102.01 (Reissue of
1991).
SECTION 4. Funds.
All income, revenue, profits, and other funds received by
the Authority shall be deposited with the Treasurer of the City of
Grand Island, as Ex Officio Treasurer of such Authority without
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commingling such money with any other money under the Treasurer's
control. The money of the Authority shall be disbursed by the
Treasurer by check or draft only upon warrants, orders, or requisi-
tions, specifying the purpose thereof, duly executed by the Chair-
person of the Authority, or such other person as may be duly autho-
rized and designated by the Authority. A permanent record shall be
kept by the Authority of any such activity.
SECTION 5. Effective Date and Repeal of any Conflicting
Ordinances.
This ordinance shall be in full 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.
Any other ordinance or ordinances directly in conflict here-
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with, shall be hereby repealed.
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ORDINANCE NO.
B02l
An ordinance creating a Community Redevelopment Author-
ity; providing for membership to the Authority; providing for a
quorum; providing for a the position of director and ex officio
secretary; providing for the handling of funds of the Authority;
and providing for the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA;
SECTION 1. Community Redevelopment Authority: Creation.
There is hereby created the Community Redevelopment
Authority of the City of Grand Island, Nebraska, pursuant to the
provisions of NEB. REV. STAT. S18-2102.01 (Reissue of 1991).
SECTION 2. Officers.
Five persons, all of whom shall be residents of the City
of Grand Island, shall constitute the Authority. The five members
shall be appointed by the Mayor, with the approval of the City
Council. The Mayor shall designate the term of office for each
member, as provided in NEB. REV. STAT. S18-2102.01(Reissue of
1991). The Authority shall select one of its members as chairper-
son and another as vice-chairperson. A total of four members of
the Authority shall constitute a quorum for the transaction of
business. The Authority shall adopt rules for the transaction of
business and shall keep a record of its resolutions, transactions,
findings and recommendations, which records shall be made available
for public inspection during regular business hours.
::if::
ORDINANCE NO.
B021
(Cant)
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Enacted
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ORDINANCE NO. 8022
An ordinance to amend Chapter 35 of the Grand Island City Code pertaining to
Water; to amend Section 35-30 pertaining to water rates; to amend Section 35-32 pertaining to
sprinkler systems; to provide for publication; 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. Section 35-30 of Chapter 35 of the Grand Island City Code be and
hereby is amended to read as follows:
~35-30.
Schedule of Rates
The rate to be charged for water furnished shall be as follows:
I
Monthly Billings
Cubic feet per month
Rate per 100 cubic feet
First 500 .......................................... $1.255
Next 500 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0.500
Next 3,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0.492
Next 6,000. ........................................ 0.440
Next 90,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0.384
Next 100,000 ....................................... 0.308
Over 200,000 ....................................... 0.271
Monthly Minimum (500 cu.ft.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.28
plus a customer charge of $0.30 per month for unfunded federal mandates for the Clean Water
Act and the City's backflow program, in addition to the regular rates charged for water
furnished to the customer.
I
ORDINANCE NO. 8022 (Cont)
I
SECTION 2. Section 35-32 of Chapter 35 of the Grand Island City Code be and
hereby is 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 $73.54 per year for such connection.
SECTION 3. Sections 35-30 and 35-32 of Chapter 35 of the Grand Island City
Code as heretofore existing, and any other ordinances or parts of ordinances in conflict herewith,
be and hereby are repealed.
I
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, and for billing on and after August 1, 1994.
El11lCtro ----tJUJ :2 711 qCj Lj
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2
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ORDINANCE NO. 8023
An ordinance rezoning a certain tract of land within the zoning jurisdiction
of the City of Grand Island; changing the land use district of a certain tract of land
comprising of Lots 17, 18 and 19 of the Sunny Acres Subdivision, in the City of Grand
Island, Hall County, Nebraska, from R3-Medium Density Residential Zone to R4-High
Density Residential Zone; directing that such zoning change and classification be shown on
the official zoning map of the City of Grand Island; amending the provisions of Section 36-7
of the Grand Island City Code to conform to such reclassification;
WHEREAS, the Regional Planning Commission on July 6,1994, held a public
hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 79-4,151, R.R.S. 1943, has been
given to the Board of Education of School District No.2 in Hall County, Nebraska; and
WHEREAS, after public hearing on July 11, 1994, the City Council found and
determined that the change in zoning be approved and granted.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That a tract of land comprised of Lots 17, 18 and 19 of Sunny
Acres Subdivision in the City of Grand Island, Hall County, Nebraska be rezoned and
reclassified and changed from R3-Medium Density Residential Zone to R4-High Density
Residential Zone classification.
SECTION 2. That the official zoning map of the City of Grand Island,
Nebraska, be, and the same is, hereby ordered to be changed, amended, and completed in
ORDINANCE NO. 8023 (Contd)
I
accordance with this ordinance.
SECTION 3. That the findings and recommendations of the Regional
Planning Commission and the City Council of the City of Grand Island are hereby accepted,
adopted, and made a part of this ordinance.
SECTION 4. That Section 36-7 of the Grand Island City Code and all
ordinances and parts of ordinances in conflict herewith are hereby amended to reclassify the
above-described area as herein ordered and determined.
SECTION 5. That this ordinance shall be in force and take effect from and
after its passage and publication within fifteen days in one issue of the Grand Island
I
Independent as provided by law. ~
Enacted;~jl1 / /1 Nc;q
~ut-,~ 4f).,...L J
. RNEST L. DOBESH, Mayor -
f1TIEST:
~~{!!:/~i!;1-
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2
I
ORDINANCE NO. 8024
An ordinance rezoning a certain tract of land within the zoning jurisdiction
of the City of Grand Island; changing the land use district of a certain tract of land
comprising a part of the Southwest Quarter of the Northeast Quarter (SW% NE%) of
Section 12, Township 11 North, Range 10 West of the 6th P.M., in the City of Grand Island,
Hall County, Nebraska, from TA-Transitional Agricultural Zone to B2-General Business
Zone; directing that such zoning change and classification be shown on the official zoning
map of the City of Grand Island; amending the provisions of Section 36-7 of the Grand
Island City Code to conform to such reclassification;
WHEREAS, the Regional Planning Commission on July 6, 1994, held a public
I
hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 79-4,151, R.R.S. 1943, has been
given to the Board of Education of School District No. 2 in Hall County, Nebraska; and
WHEREAS, after public hearing on July 11, 1994, the City Council found and
determined that the change in zoning be approved and granted.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That a tract of land in the Southwest Quarter of the Northeast
Quarter (SW% NE%) of Section 12, Township 11 North, Range 10 West of the 6th p.m. in
the City of Grand Island, Hall County, Nebraska, more particularly described as follows:
I
The southerly 638.00 feet of the westerly 1196.66 feet of the
Southwest Quarter of the Northeast Quarter (SW% NE%) of
Section 12, Township 11 North, Range 10 West of the 6th p.m.,
Hall County, Nebraska;
I
ORDINANCE NO. 8024 (Contd)
be rezoned and reclassified and changed from TA-Transitional Agriculture Zone to B2-
General Business Zone classification.
SECfION 2. That the official zoning map of the City of Grand Island,
Nebraska, be, and the same is, hereby ordered to be changed, amended, and completed in
accordance with this ordinance.
SECTION 3. That the findings and recommendations of the Regional
Planning Commission and the City Council of the City of Grand Island are hereby accepted,
adopted, and made a part of this ordinance.
SECfION 4. That Section 36-7 of the Grand Island City Code and all
ordinances and parts of ordinances in conflict herewith are hereby amended to reclassify the
I above-described area as berein ordered and detenmned.
SECfION 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.
Enacth III J79v.
~~~
ERNEST L. OllESH, Mayor
I
~hm'
2
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. THIS SPACE RESERVED FOR REGISTER OF DEEDS.
ORDINANCE NO. 8026
An ordinance to vacate part of Eleventh Street between Saint Paul Road and the
I
Burlington Northern Right of Way for the purpose of the Elevated Rail Project; to provide for
filing this ordinance in the office of the Register of Deeds of Hall County; and to provide the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That part of Eleventh Street between Saint Paul Road and the
Burlington Northern Right of Way, more particularly described as follows:
I
Beginning at the Southwest Corner of Lot Nine (9), Capitol Hill Addition; thence
Southerly on a prolongation of the West Line of Lot Nine (9) Capitol Hill
Addition for a distance of eighty feet (80') to the Northwest Corner of Lot Five
(5), Block Thirty Three (33), Russell Wheeler's Addition; thence Easterly on the
North line of Lots Four (4) and Five (5), Block Thirty Three (33), Russel
Wheeler's Addition for a distance of 105.6 feet; thence Northerly on a line to the
Southeast Corner of Lot Ten (10) Capitol Hill Addition; thence Westerly on the
South Line of Lots Nine (9) and Ten (10), Capitol Hill Addition for a distance
of One Hundred feet (100'), to the point of beginning,
Approved as to Fonn ..
July 22. 1994 . City Attorney
I
ORDINANCE NO. 8026 (Contd)
be, and hereby is, vacated, provided and conditioned, that the City of Grand Island hereby
reserves all of such street for existing sewer, water, electric, storm drainage, gas, and other
public utilities easements and all rights and appurtenances thereto. Said easement is shown on
the attached Exhibit A and dated July 21, 1994.
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. This ordinance shall be in force and take effect from and after its
I passage, approval, and publication within fifteen days in one issue of the Grand Island
Independent as provided by law.
EoactedcJu-Li 25/ I q q II
~uJ cA 1lJ~
. ERNEST L. DOBESH, Mayor
ATTEST:
CM\~ ~ ~Vvhuvl~U .
Ci tly K. Cartwright, Ity Clerk
I
2
Approved as to Fonn y
July 22, 1994 .. City Attorney
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-
:3
o
~
80'
POINT OF BEGINNING
o
11 TH ro
,S
.~~
~~~
-
~
~
z
j:Q
80'
~
~
C?
10TH~ ST.
\
. '
j
:I
~ 'AREA OF STREET
VACATED
I
EXHIBIT" A"
CITY Of" GRAND ISLAND , NEBR.
ENGINEERING DEPARTMENT
I PLAT TO ACCOMPANY ORDINANCE I
NO. 8026
I SCALE 1/1 =1 00' L.O.C. 7/21/94 I
I
. THIS SPACE RESERVED FOR REGISTER OF DEEDS ·
ORDINANCE NO. 8025
An ordinance to vacate the east/west alley between Tenth and Eleventh Streets
I
and adjacent to Saint Paul Road and the Burlington Northern Right of Way for the purpose of
the Elevated Rail Project; to provide for filing this ordinance in the office of the Register of
Deeds of Hall County; and to provide the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That the east/west alley between Tenth and Eleventh Streets and
adjacent to Saint Paul Road and the Burlington Northern Right of Way, more particularly
described as follows:
I
Beginning at the Southwest Corner of Lot Five (5), Block Thirty Three (33) of
Russel Wheeler's Addition; thence South on a prolongation of the West line of
said Lot Five (5), Block Thirty Three (33), Russel Wheeler's Addition for a
distance of sixteen feet (16') to the Norwest Corner of Lot Six (6), Block Thirty
Three (33), Russel Wheeler's Addition; thence Easterly on the North line of Lots
Six (6), Seven (7), and Eight (8), Block Thirty Three (33), Russel Wheeler's
Addition to the West line of Saint Paul Road; thence North on the West line of
Approved as to Fonn .,
July 22, 1994 .. City Attorney
I
ORDINANCE NO. 8025 (Contd)
Saint Paul Road to the South line of Lot Three (3), Block Thirty Three (33),
Russel Wheeler's Addition; thence Westerly on the South line of Lots Three (3),
Four (4) and Five (5), Block Thirty Three (33), Russel Wheeler's 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 existing sewer, water, electric, storm drainage, gas, and other
public utilities easements and all rights and appurtenances thereto. Said easement is shown on
the Exhibit A attached hereto and dated July 21, 1994.
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.
I
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, approval, and publication within fifteen days in one issue of the Grand Island
Independent as provided by law.
Enacted ~ J/i;! q q c/ .
I
ATTEST: .JJ /1 . '~.,
[!M\~ '~ f!vthA/;1~tJ .
Ci K. Caftwright, City', lerk
/.
Approved as to Fonn ..
July 22, 1994 . City Attorney
2
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-
:3
-
0
-
ex::
80'
50' 50' 50' 50' 50'
0
11TH co ST,
,S 52.8' , 52.8'
N5
,.,
....
I POINT OF
$-
.~
Cj
10TH~ ST,
I \
I
~ ALLEY AREA VACATED
EX H I BIT II A II
CITY OF GRAND ISLAND , NEBR.
ENGINEERING DEPARTMENT
PLAT TO ACCOMPANY ORDINANCE
NO. 8025
~LE 1"=100' L.D.C. 7/21/941
I
. THIS SPACE RESERVED FOR REGISTER OF DEEDS.
ORDINANCE NO. 8027
An ordinance to vacate certain easements in Lot 1 of Walmart Subdivision in the
I
City of Grand Island, Nebraska; to provide for filing this ordinance in the office of the Register
of Deeds of Hall County; and to provide the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That the Sixteen (16) foot wide utility easement as shown on the
attached Exhibit A (liTO BE V ACATED") and dated July, 1994, be, and hereby is, vacated.
h
SECTION 2. That the 8" DIP Waterline easement at the northeast corner of the
building as shown on the attached Exhibit A (liTO BE REMOVED") and dated July, 1994, be,
and hereby is, vacated.
SECTION 3. This ordinance is directed to be filed in the office of the Register
I
of Deeds of Hall County, Nebraska.
Approved as to Fonn y
July 22. 1994 . City A ttomey
ORDINANCE NO. 8027 (Cont)
I
SECTION 4. This ordinance shall be in force and take effect from and after its
passage, approval, and publication within fifteen days in one issue of the Grand Island
Independent as provided by law.
Enacted~ 25/ ;qqc/
Jd ~J.I- c/, W~/- ./
~ST L. DOBESH, Mayor
erk
cl,-/ (jive tzl/!/?C1 tJ
I
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2
Approved as to Fonn ~
July 22, 1994 .. City Attorney
EA~EMENT_EXHIBIT!U
/;"~,,, EXISTIHCI SNlITMY ~X1STiHG ;Tilt HrMNir - ~ 18' ..~ ..,
st\lDt IWKLt UTIUIY I
SCALE: I" =60'
JULY, 11111.
I
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N
~
PROPOSED PROPERlY LIE
DCISJIHO I" ll1Of:
UTlJTY EASDlEHT
NEW r.
OJ.P, EI.8OW
, . EllJITDIli r.
IUP, "'''TER\.lNE
eTD IE IlCNDVE
IDQSTlNG PROPERTY LINE
4 I "
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~
Htv'Y.r-
D.I"
VATERLINt
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ElClSTIHCI SNlIT MY , I
SEVER IWKLt I
I
EDGE IF teV I
P"VEHENT--:
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a
EASEMENT EXHIBIT P.
W'AL-MART EXPANSION
GRAND ISLAND, NE,
~~ 14 2>>-4761
BUESCHE '~NKENBE
AS WES
- · ...... lWHtfO IIISOUllI .
H.S.M. JUL. Y, 1994 93-2056
1'-:10' 1 OF I
ORDINANCE NO. 8028
I
An ordinance to amend Chapter 3 of the Grand Island City Code to adjust fees;
to amend Section 3-3 to increase fees for alarm registration, automatic dialing systems, and false
alarms; to amend Section 3-5 to increase fee for excessive false alarms; to repeal Sections 3-3
and 3-5 as now existing; to provide for publication of this ordinance; and to provide the effective
date as required by law.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 3-3 pertaining to Standards Requiredfor Alarm Systems of
Chapter 3 of the Grand Island City Code be and hereby is amended to read as follows:
~3-3. Standards Required For Alarm Systems
I
1.
Notification. Each subscriber must provide to the City of Grand Island on a form
provided by the Department of Communications and Civil Defense 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. Designated Telephone 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 Department of
Communications and Civil Defense of the City for the specific purpose of
receiving signals from alarm systems.
3.
Automatic Dialing or Calling Devices. Alarm systems that automatically dial or
call a telephone line designated by the Department of Communications and Civil
Defense shall comply with the following requirements:
I
ORDINANCE NO. 8028 (Cont)
I
a.
Total length of the recorded message being transmitted to the 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.
I
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 Eighty-nine
Dollars ($89.00) per year per device, to be paid within thirty days of
receipt. If not so paid, the system must be disconnected immediately in
the manner described in ~3-5(3).
4. Digital Alarm Systems. 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 monitoring fee, in advance, of $202.00 per
year.
5. Supervised (Dedicated line) Alarm Systems. Subscribers that automatically
transmit alarm conditions via dedicated telephone line to a receiving unit at the
Communications Center shall pay a monitoring fee of $365 per year, and a
central service fee of $144 per year, in advance.
6. Application of Standards to Existing and Future Alarm Systems.
I
a.
Every new system installed after May 10, 1982, shall comply with the
above standards.
2
ORDINANCE NO. 8028 (Cont)
I
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
Department of Communications and Civil Defense 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 of no less than Sixty-five Dollars ($65.00) per false
alarm, or to charge the City's direct and indirect costs for the time, labor,
equipment, and other services used in responding to such alarm,
whichever is greater.
SECTION 2. Section 3-5 pertaining to Excessive False Alarms of Chapter 3 of
the Grand Island City Code be and hereby is amended to read as follows:
~3-5. Excessive False Alarms
I
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 ~4-3(1) at the addresses listed in the most
recent such notification for that alarm system. Thereafter, the Department of Communications
and Civil Defense shall have the power to require the subscriber to comply with anyone or
combination of the requirements set forth below as would minimize, its judgment, such false
alarms in the future:
1. The subscriber may be charged for the direct and indirect costs to the City of
time, labor, equipment, and other services rendered in responding to each
subsequent alarm or may be charged $65.00 per false alarm, whichever is higher.
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 ~3-4 (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
I
3
ORDINANCE NO. 8028 (Cont)
I
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. Sections 3-3 and 3-5 of the Grand Island City Code, as heretofore
existing, and 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
I
Enacted
~pJ LA W~AJ
Ernest L. DObesh, Mayor
I
4
ORDINANCE NO. 8029
I
An ordinance to amend Chapter 15 of the Grand Island City Code to adjust fees;
to amend Section 15-51 pertaining to electric service charge payments; to repeal Section 15-51
as now existing; to provide for publication; 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. Section 15-51 of Chapter 15 of the Grand Island City Code be and
hereby is 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. This charge shall be
$2.00, plus 1 % of the unpaid balance of $5.00 or more.
I
3. A $20.00 service charge shall be collected before reconnection, in each instance
of disconnection for nonpayment of billing; provided such service charge shall be
$40.00, if reconnection is demanded after business hours.
4. A $15.00 service charge will be assessed for each check returned for insufficient
funds. This charge is in addition to any other charges.
5. A $8.00 service charge shall be collected, before all new connections are made
by the City Utilities Department.
6. A $8.00 service charge 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.
I
ORDINANCE NO. 8029
I
SECTION 2. Section 15-51 of the Grand Island City Code, and any other
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, and on August 1, 1994.
Enacted u.u!fUJf /5j Hi (I
~J 0< 1JcL~~
. . Ernest L. D~sh, Mayor
I
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2
ORDINANCE NO. 8030
I
An ordinance to amend Chapter 16 of the Grand Island City Code; to amend
Section 16-13 pertaining to Fireworks Fees; to amend Section 16-27 pertaining to Ambulance
Service Rates; to repeal Sections 16-13 and 16-27 as now existing; to provide for publication of
this ordinance; 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. Section 16-13 pertaining to Fireworks of Chapter 16 of the Grand
Island City Code be and hereby is amended to read as follows:
U 6-13. Pennit to Sell Fireworks
I
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 cost
$152.00 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 2. Section 16-27 pertaining to Ambulance Service of Chapter 16 of the
Grand Island City Code be and hereby is amended to read as follows:
Sec. 16-27. Ambulance Service; Basic Rates
The rates for basic ambulance service provided by the City of Grand Island,
Nebraska, are set as follows:
1. $110.00 per call for non-emergency transportation, plus mileage
(computed one-way only).
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ORDINANCE NO. 8030
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2.
$195.00 per call for BLS emergency transportation, plus mileage
(computed one-way only).
3. $295.00 per call for ALS emergency transportation, plus mileage
(computed one-way only).
4. $55.00 per call, plus supplies, for ALS emergency service when
patient is not transported but some service is rendered.
5. $100.00 per round-trip call within same day between hospitals, or
nursing home and hospital or other destination, for medical
treatment.
6. $4.20 per patient mile for long distance calls, BLS or ALS
transportation.
7. $35.00 per family subscription program which allows for
medically directed ambulance use at no cost to subscription holder.
I
SECTION 3. Sections 16-13 and 16-27 of the Grand Island City Code as
heretofore existing, and 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
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~tt..est:
eLl
Ci dy K. . Cartwright, City Clerk
2
ORDINANCE NO. 8031
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An ordinance to amend Chapter 17 of the Grand Island City Code; to amend
Section 17-15 pertaining to license fees for garbage and refuse haulers; to repeal Section 17-15
as now existing; to provide for publication; 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. Section 17-15 of Chapter 17 of the Grand Island City Code be and
hereby is amended to read as follows:
U7-15.
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.
I
b.
The following two types of licenses 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 I of the calendar year to September 30
of the following calendar year.
d. The fee for a garbage hauler license shall be $150.00 per license year or any
fraction thereof, no part of which shall be refundable.
e. The fee for a refuse hauler license shall be $45.00 per license year or any
fraction thereof, no part of which shall be refundable.
f. The provisions of this section shall not apply to lawn care or tree trimmer
businesses.
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g.
No license issued hereunder shall be transferable.
ORDINANCE NO. 8031 (Cont)
I
SECTION 2. Section 17-15 of the Grand Island City Code as heretofore existing,
and 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.
EnacWd ()~j Ylot fti i ;eN <-I
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~o< 1la~~
Ernest L. Dobesh, Mayor
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2
ORDINANCE NO. 8032
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An ordinance to amend Chapter 17 of the Grand Island City Code; to amend
Section 17-29 pertaining to fees for garbage, refuse, and waste materials at the city transfer
station and the landfill; to repeal Section 17-29 as presently existing; and to provide the effective
date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 17-29 of Chapter 17 of the Grand Island City Code be and
hereby is amended to read as follows:
~17-29. Fees
A.
All persons who dispose of garbage, refuse, and waste materials at the City transfer
station, or the City sanitary landfill when permitted, shall pay to the City for such
dumping privileges, for each load, an amount as follows:
I
1. For general refuse, municipal solid waste, and demolition materials: $10.00 per
cubic yard, subject to a minimum charge of $5.00.
A reduced rate of $8.00 per cubic yard, subject to a minimum charge of $4.00,
shall apply when the delivering vehicle is properly equipped and the load is
completely covered or otherwise contained or securely fastened as required by
this chapter or other applicable laws.
2. For tires:
a. $2.70 per passenger car tire
b. $4.70 per truck tire
c. $16.00 per implement tire
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ORDINANCE NO. 8032 (Cont)
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3.
Special Waste Disposal Rates
Yard Waste*
Clean grass, leaves, other compostable
yard and garden wastes (free of trash, debris,
all plastic bags to be removed by hauler)
$4.00cy;
$2.00 minimum
Clean Trees &
Branches*
Limbs, whole trees 10" or less in diameter,
clean lumber, no trash or debris
$4.00cy;
$2.00 minimum
Fuels Contaminated Soils Requires Nebraska Dept of Environmental
Quality pre-approved and notification to
landfill
$10.85 cy;
$10.85 minimum
White Goods
Large appliances, refrigerators, freezers,
freon containing equipment (evacuated
freon containing appliances will be accepted
only with certification of proper freon
removal)
$8.00, plus
applicable removal
charge
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Asbestos and Other Waste May require Nebraska Dept of Environmental
Requiring Special Quality pre-approval and notification to
Handling landfill. Disposal during scheduled intervals
and haulers shall use same equipment and
procedures at disposal area as required for
removal procedures. ACM shall be in approved
condition andlor containers. (Conditions subject
to change as required by federal, state, or local
rules and regulations.)
$33.25 cy;
$33.25 minimum
Note: Improperly covered or uncovered loads will be assessed an additional $2.00 per cubic
yard.
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*Non-compostable wastes, large stumps, and all other acceptable solid wastes subject to general
solid waste disposal charges.
2
ORDINANCE NO. 8032 (Cont)
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4.
For the following for which the hauler has been authorized to haul directly to the
landfill by the director of public works or his designated agent:
a. Street sweepings - $3.00 per cubic yard
b. Noncompactible rubble - $3.70 per cubic yard
c. General refuse, municipal solid waste, and all other waste - $5.30 per
cubic yard.
No garbage, refuse, or other waste material shall be accepted from outside of Hall County until
an agreement is approved by the City Council covering the receipt of same.
B. The fees set forth in subsection A.I. 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:
1.
Amounts contained within less than 50 percent of vehicle's cargo area: 50% of
base fee for rate capacity;
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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 of the higher rate.
C.
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
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3
ORDINANCE NO. 8032 (Cont)
I
hire at the City transfer station or sanitary landfill in the normal course of their
business.
SECTION 2. Section 17-29 of Chapter 17 of the Grand Island City Code, and
any other 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, and on August 1, 1994.
EnacJ1l{ ~li/J f /.0, f9q "l
I
~.IC;( w..4~
. Ernest L. Dobesh, Mayor
Attest:
~y<<J!::ri~t.rk
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4
ORDINANCE NO. 8033
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An ordinance to amend Chapter 23 of the Grand Island City Code to adjust fees;
to amend Section 23-31 pertaining to Solicitors; to repeal Section 23-31 of Chapter 23 as now
existing; to provide for publication; 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. Section 23-31 of Chapter 23 of the Grand Island City Code be and
hereby is 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 of $152.00 per year, or $36.00 per month.
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SECTION 2. Section 23-31 of the Grand Island City Code as heretofore existing,
and 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, and on August 1, 1994.
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rlJi /qq L/
~o(~
- Ernest L. Dobesh, Mayor
ORDINANCE NO. 8034
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An ordinance to amend Chapter 25 of the Grand Island City Code to adjust fees;
to amend Section 25-3 pertaining to Pawnbrokers; to repeal Section 25-3 of Chapter 25 as now
existing; to provide for publication of this ordinance; 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. Section 25-3 pertaining to Occupation Tax for Pawnbrokers of
Chapter 25 of the Grand Island City Code be and hereby is amended to read as follows:
~25-3.
Occupation Tax
I
There is hereby levied on all persons engaged in the business of
pawnbroker an occupation tax of $50.00 a year, 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 $25.00 for such period.
SECTION 2. Section 25-3 of the Grand Island City Code as heretofore existing,
and 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 after its passage and
publication within fifteen days in one issue of the Grand Island Independent and on August 1,
1994.
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ORDINANCE NO. 8034 (Cont)
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Enacted WL~t /51 /qq4
~~~-' ~ flJ1...tv
Ernest L. Dobesh, Mayor
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2
ORDINANCE NO. 8035
I
An ordinance to amend the Grand Island City Code to adjust fees; to amend
Section 32-27 of Chapter 32 pertaining to Charges for Pavement Cuts; to amend Section 32-28
pertaining to Call-Out Charge; to amend Section 32-69 pertaining to License Agreements; to
repeal Sections 32-27, 32-28, and 32-69 as heretofore existing and any ordinances or parts of
ordinances in conflict herewith; to provide for publication of this ordinance; 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. Section 32-27 pertaining to Charges for Pavements Cuts of Chapter
32 of the Grand Island City Code be and hereby is amended to read as follows:
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~32-27 .
Charges for Pavement Cuts
The City will, after the person or corporation receives the permit, do the
following work at the charges set forth, except in the case of public utility corporations
or city-owned utility departments as heretofore provided:
1. For each linear foot of sidewalk or pavement cut (sawed), whether
bituminous or concrete ............................. $2.50
2. Replacement for each square foot of four (4) inch concrete
sidewalk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $2.50
3. Replacement for each square foot of five (5) inch concrete
sidewalks or driveways ............................. $2.75
4. Replacement for each square yard of six (6) inch concrete
pavement ..................................... $22.50
5.
Replacement for each square yard of one (1) inch additional
thickness over six (6) inch concrete pavement ............... $1.75
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ORDINANCE NO. 8035 (Cont)
I
6.
Replacement for each square yard of bituminous surfaced
pavement two (2) inches thick with six (6) inch concrete base . . . . . . $24.25
7. Replacement for each square yard of six (6) inch bituminous
surfaced pavement without a concrete base ................. $18.25
8. For each lineal foot of curb section milled for driveways. . . . . . . .. $5.50
9. Replacement for each square yard of 2" bituminous surfaced
pavement over existing concrete paving ................... $14.60
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:
I
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 (T A) 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.
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2
ORDINANCE NO. 8035 (Cont)
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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 2. Section 32-28 pertaining to Call-Out Charge of Chapter 32 of the
Grand Island City Code be and hereby is amended to read as follows:
~32-28.
Call-Out Charge
In addition to the charges established by ~32-27 of the Grand Island City Code,
each person or corporation receiving a permit as required by ~32-22 and requiring City
personnel for performance of the work required thereunder, shall pay a fee of $13.25 for
concrete sawing and $20.00 for concrete milling.
The aforesaid fee shall be credited to the Street, Alley & Paving Fund.
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SECTION 3. Section 32-69 pertaining to License Agreements of Chapter 32 of
the Grand Island City Code be and hereby is 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 council, 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 of $63.50, which shall not be refundable.
SECTION 4. Sections 32-27, 32-28, and 32-69 of the Grand Island City Code
as heretofore existing, and any ordinances or parts of ordinances in conflict herewith, be, and
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hereby are, repealed.
3
ORDINANCE NO. 8035 (Cont)
I
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, and on August 1, 1994.
Enactrotkguol IS; 199 c{
&Ai
Attest:
I
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4
ORDINANCE NO. 8036
I
An ordinance to amend Chapter 34 of the Grand Island City Code to adjust fees;
to amend Section 34-17 pertaining to Taxi Driver Permit Fees; to repeal Section 34-17 as now
existing; to provide for publication of this ordinance; 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. Section 34-17 pertaining to Taxi Driver Permit Fees of Chapter 34
of the Grand Island City Code be and hereby is amended to read as follows:
I
~34-17. Fees
An annual permit fee shall be charged for permits issued pursuant to this article
as follows:
For each original permit
For each renewal permit
$7.00
$7.00
SECTION 2. Section 34-17 of the Grand Island City Code as heretofore
existing, and 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
I
provided by law, and on August 1, 1994.
ORDINANCE NO. 8036 (Cont)
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Enacted ~ f ~-I (CN (I
~
~~CA ~
" Ernest L. DobesJ\, Mayor
Attest:
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2
ORDINANCE NO. 8037
I
An ordinance for the rezoning of Conestoga Mall Fourth Subdivision; to
amend the approved Commercial Development (CD) zone plan of the Conestoga Mall; to
direct that such zoning change be shown on the official zoning map of the City of Grand
Island;
WHEREAS, the Regional Planning Commission on August 3, 1994, held a
public hearing and recommended the zone plan of such area be amended as proposed; 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 August 8, 1994, the City Council found
and determined that the change in the zone plan be approved and granted.
I BE rrORDAINED BY THEMA YOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That the plan for the Commercial Development (CD) zone as
per plan dated June 28, 1994 (Case C-1-95 GI) be amended to allow the addition of a new
freestanding building.
SECTION 2. That the official zoning map of the City of Grand Island,
Nebraska, be, and the same is, hereby ordered to be changed, amended, and completed in
accordance with this ordinance.
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SECTION 3. That the findings and recommendations of the Regional
Planning Commission and the City Council of the City of Grand Island are hereby accepted,
adopted, and made a part of this ordinance.
ORDINANCE NO. 8037 (Cant)
I
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 ) r;f 19CJJ-/
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2
ORDINANCE NO. 8038
I
An ordinance to amend Chapter 17 of the Grand Island City Code pertaining to
Garbage, Refuse, Waste and Weeds; to amend Section 17-1 to add a definition for City Solid
Waste Disposal System; to amend Section 17-32 pertaining to disposal of lead-acid batteries or
waste oil; to repeal Sections 17-1 and 17-32 as now existing; to provide for publication; 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. Section 17-1 of Chapter 17 of the Grand Island City Code be and
hereby is amended to read as follows:
~17-1. Definitions
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For the purposes of this chapter, the following words and phrases shall
have the following meanings:
City Solid Waste Disposal System. 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.
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.
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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
ORDINANCE NO. 8038 (Cant)
I
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.
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.
I
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.
I
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.
2
ORDINANCE NO. 8038 (Cont)
I
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 17-32 of Chapter 17 of the Grand Island City Code be and
hereby is amended to read as follows:
~17-32.
Lead-acid Batteries; Waste Oil; Prohibited
It shall be unlawful to deposit for disposal, attempt to deposit for disposal, or
leave for collection by a licensed garbage or refuse collector, any lead-acid
batteries or waste oil in the City solid waste disposal system.
SECTION 3. Sections 17-1 and 17-32 of the Grand Island City Code as
heretofore existing, and any ordinances or parts of ordinances in conflict herewith, be, and
I 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, and shall be effective September 1, 1994.
Enacted (j)jfJJ!) >t IS I lye; l! .
~ /JAk'c.
, 'Ernest L. D' besh, Mayor
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3
Approved as
August 5, 1994
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ORDINANCE NO. 8039
An ordinance to amend Ordinance No. 7990, known as the Salary Ordinance which
classifies the officers and employees of the City of Grand Island, Nebraska and establishes the ranges of
compensation of such officers and employees; to change the pay grade of certain job classifications; to
repeal Ordinance No. 7990 and all other ordinances in cont1ict with this ordinance; 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 Classitication of officers and 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
I
for such classification, and the number of hours and work period which certain such officers and
employees shall work prior to overtime eligibility are as follows:
Classitication Pay Bi-Weeldy Pay Overtime
Grade Range Min / Max Eligibility
Accountant 29 975.23 / 1372.62 Exempt.
Accounting Clerk I 9 595.38/837.23 40 hrs/week
Accounting Clerk II 13 657.23 /924.00 40 hrs/week
Accounting Manager 37 1188.46/1671.69 Exempt
Administrative Clerk II 624.92 / 879.23 40 hrs/week
Administrative Secretary 16 707.08 /995.08 40 hrs/week
Assista,nt Finance Director 41 1311.69 / 1845.69 Exempt
Assist~nt Public Works Director 43 1377.69/1938.92 Exempt
Assistant Utility Director 53 1764.00 /2482.15 Exempt
Attorney 42 1344.00/ 1891.85 Exempt
I Audio- Visual Technician 24 862. 15 / 1212.92 Exempt
Building Inspections Director 45 1447.38 /2037.23 Exempt
A pprovcd liS to Ponn ,
AUgllst5.1994
ORDINANCE NO. 8039 (Cant)
I
Classitication Pay Bi-Weekly Pay Overtime
Grade Range Min / Max Eligibility
Building Inspector 28 951.69 / 1338.92 40 hrs/week
Building Permit Technician 16 707.08/995.08 40 hrs/week
Cemetery Superintendent 30 1000. 15 / 1406.77 Exempt
City Administrator n/a* 2076.92 /3045.35 Exempt
City Attorney 53 1764.00/2482.15 Exempt
City Clerk 36 1159.38 / 1631.08 Exempt
Civil Defense Coordinator 18 743.08 / 1045.38 40 hrs/week
Civil Engineer I 31 1024.62 / 1411. 85 Exempt
Civil Engineer II 37 1188.46 / 1671.69 Exempt
Communications & Civil Defense Director 45 1447.38/2037.23 Exempt
Communications Supervisor 22 820.62 / 1154.31 Exempt
I Community Development Director 41 1311.69/1845.69 Exempt
Community Development Technician 20 780.46/ 1098.46 40 hrs/week
Computer Operator 12 640.62/901.38 40 hrs/week
Computer Programmer 23 841.38 / 1183.38 40 hrs/week
Custodian 8 581.08/816.92 40 hrs/week
Customer Service Clerk 13 657.23/924.00 40 hrs/week
Data Processing Manager 42 1344.00 / 1891.85 Exempt
Data Processing Supervisor 29 975.23 / 1372.62 Exempt
Deputy Fire Chief 43 1377.69/ 1938.92 Exempt
Deputy Police Chief 44 1412.31 / 1987.38 Exempt
Downtown Development Director 41 1311.69/ 1845.69 Exempt
Electric Distribution Crew Chief 35 1130.77 / 1591.38 40 hrs/week
Electric Distribution Superintendent 47 1520.77 /2140.15 Exempt
Electric Distribution Supervisor 40 1279.38/1800.46 40 hrs/week
I Electric Underground & Substation Supt. 43 1377.69/1938.92 Exempt
Electric Underground & Substation Supv. 37 1188.46 / 1671.69 40 hrs/week
August 5.
2
ORDINANCE NO. 8039 (Cont)
I
Classification Pay Bi-Weekly Pay Overtime
Grade Range Min / Max Eligibility
Electrical Engineer I 33 1076.31 / 1514.77 Exempt
Electrical Engineer II 39 1248.46 / 1756.62 Exempt
Electrical Inspector 28 951.69 / 1338.92 40 hrs/week
Engineering Technician I 17 725.08 / 1020.00 40 hrs/week
Engineering Technician II 25 883.38 / 1243.38 40 hrs/week
.Engineering Technician Supervisor 34 1103.08 / 1552.62 Exempt
Equipment Mechanic 18 743.08 / 1045.38 40 hrs/week
Equipment Mechanic - Streets 19 761.54 / 1071.69 40 hrs/week
Equipment Operator 14 672.92/947.08 40 hrs/week
Equipment Operator - Streets 16 707.08/995.08 40 hrs/week
Finance Director 53 1764.00 / 2482.15 Exempt
I Fire Captain 33 1076.30/ 1514.76 212 hrs128 days
Fire Chief 50 1638.46/2304.92 Exempt
Fire Fighter/EMT 23 841.38/ 1183.38 212 hrs128 days
Fire Fighter/Paramedic 29 975.22 / 1372.61 212 hrs/28 days
Fire Lieutenant 29 975.22 / 1372.61 212 hrs/28 days
Fire Marshall 40 1279.38/1800.46 Exempt
Fire Training Officer 40 1279.38/1800.46 Exempt
Fleet Maintenance Technician 12 640.62 /901.38 40 hrs/week
Fleet Maintenance Technician - Streets 12 640.62 /901.38 40 hrs/week
Garage Attendant 8 581.08/816.92 40 hrs/week
Garage Attendant - Streets 9 595.38/837.23 40 hrs/week
Garage Superintendent 32 1050.46 / 1477.85 Exempt
Golf Course Superintendent 33* 1076.31 / 1514.77 Exempt
Grounds Management Crew Chief 23 841.38 / 1183.38 40 hrs/week
I Horticulturist 13 657.23/924.00 40 hrs/week
Instrument Technician 33 1 076.3 I / 1514.77 40 hrs/week
3
ORDINANCE NO. 8039 (Cont)
I
Classification Pay Bi-Weekly Pay Overtime
Grade Range Min / Max Eligibility
Legal Assistant 27 928.15 / 1306.15 40 hrs/week
Legal Secretary 23 841.38 / 1183.38 40 hrs/week
Librarian 25 883.38 / 1243.38 Exempt
Library Assistant 10 610.15 / 858.00 40 hrs/week
Library Director 44 1412.31 / 1987.38 Exempt
Library Services Supervisor 34 1103.08 / 1552.62 Exempt
Lineman Apprentice 21* 800.31 / 1126. 15 40 hrs/week
Lineman First Class 33 1076.31/1514.77 40 hrs/week
Lineman Second Class 25 883.38 / 1243.38 40 hrs/week
Maintenance Mechanic I 12 640.62 /901.38 40 hrs/week
Maintenance Mechanic II 20 780.46/ 1098.46 40 hrs/week
I Maintenance Worker I 9 595.38/837.23 40 hrs/week
Maintenance Worker I - Streets 7 566.77 /797.08 40 hrs/week
Maintenance Worker II 11 642.92/879.23 40 hrs/week
Maintenance Worker II - Streets 11 642.92 / 879.23 40 hrs/week
Materials Handler 27 928.15 / 1306.15 40 hrs/week
Meter Reader 9 595.38 / 837.23 40 hrs/week
Meter Reading Supervisor 23 841.38 / 1183.38 Exempt
Meter Technician 16 707.08/995.08 40 hrs/week
Paramedic Supervisor 40 1279.38/ 1800.46 Exempt
Parks and Recreation Assistant 12 640.62 /901.38 40 hrs/week
Parks and Recreation Director 47 1520.77 /2140.15 Exempt
Parks Maintenance Superintendent 32 1050.46/ 1477.85 Exempt
Personnel Director 44 1412.31/1987.38 Exempt
Personnel Technician 16 707.08/995.08 40 hrs/week
I Planning Director 49 1598.31 / 2248.62 Exempt
Planning Secretary 6 552.92/777.69 40 hrs/week
4
ORDINANCE NO. 8039 (Cont)
I
Classification Pay Bi- Weekly Pay Overtime
Grade Range Min / Max Eligibility
Planning Technician 18 743.08 / 1045.38 40 hrs/week
Plumbing Inspector 28 951.69/ 1338.92 40 hrs/week
Police Captain 37 1188.46/ 1671.69 40 hrs/week
Police Chief 50 1638.46 /2304.92 Exempt
Police Officer 26 906.00 / 1274.31 40 hrs/week
Police Records Clerk 11 624.92 / 879.23 40 hrs/week
Police Sergeant 31 1024.62 / 1441.85 40 hrs/week
Power Dispatcher 28 951.69 / 1338.92 40 hrs/week
Power Plant Maintenance Mechanic I 21* 800.31 / 1126.15 40 hrs/week
Power Plant Maintenance Mechanic II 33 1076.31 / 1514.77 40 hrs/week
Power Plant Maintenance Supervisor 39 1248.46 / 1756.62 Exempt
I Power Plant Operations Supervisor 41 1311.69 / 1845.69 Exempt
Power Plant Operator I 21* 800.31 / 1126.15 40 hrs/week
Power Plant Operator II 33 1076.31 / 1514.77 40 hrs/week
Power Plant Superintendent - Burdick 41 1311.69/1845.69 Exempt
Power Plant Superintendent - PGS 46 1484.31 /2088.00 Exempt
Public Information Officer 21 800.31 / 1126.15 Exempt
Public Works Director 53 1764.00 / 2482.15 Exempt
Purchasing Agent 33 1076.31 / 1514.77 Exempt
Purchasing Technician 16 707.08/995.08 40 hrs/week
Recreation Superintendent 31 1024.62 / 1441.85 Exempt
~enior Accounting Clerk 16 707.08 /995.08 40 hrs/week
Senior Administrative Secretary 24 862.15 / 1212.92 40 hrs/week
Senior Civil Engineer 42 1344.00/ 1891.85 Exempt
Senior Electrical Engineer 42 1344.00 / 1891. 85 Exempt
I Senior Engineering Technician 29 975.23 / 1372.62 40 hrs/week
Senior Equipment Mechanic 22* 820.62/ 1154.31 40 hrs/week
Approved anoFonn
AugustS. 1994
5
ORDINANCE NO. 8039 (Cont)
I
Classification Pay Bi-Weekly Pay Overtime
Grade Range Min / Max Eligibility
Senior Equipment Operator 20 780.46/ 1098.46 40 hrs/week
Senior Equipment Operator - Streets 19 761.54/ 1071.69 40 hrs/week
Senior Library Assistant 14 672.92 /947.08 40 hrs/week
Senior Maintenance Worker 19 761.54 / 1071.69 40 hrs/week
Senior Maintenance Worker - Streets 19 761.54 / 1071.69 40 hrs/week
Senior Materia]s Hand]er 33 1076.31/1514.77 40 hrs/week
Senior Meter Reader 12* 640.62 /901.38 40 hrs/week
Senior Power Dispatcher 34 1103.08 / 1552.62 40 hrs/week
Senior Power Plant Operator 35 1130.77/1591.38 40 hrs/week
Senior Substation Technician 34 1103.08 / 1552.62 40 hrs/week
Senior Utilities Operator 35 1130.77 / 1591.38 40 hrs/week
I Senior Water Maintenance Worker 21 800.31/1126.51 40 hrs/week
Solid Waste Superintendent 34 1103.08 / 1552.62 Exempt
Solid Waste Supervisor 25 883.38 / 1243.38 40 hrs/week
Street Superintendent 34* 1103.08 / 1552.62 Exempt
Street Supervisor 25 883.38 / 1243.38 40 hrs/week
Substation Technician 29 975.23 / 1372.62 40 hrs/week
Systems Technician - Finance 19 761.54/ 1071.69 40 hrs/week
Systems Technician - Utility 33 1076.31/1514.77 40 hrs/week
Telecommunicator/EMD 16 707.08/995.08 40 hrs/week
Tree Trim Crew Chief 32 1050.46 / 1477 .85 40 hrs/week
Turf Management Specialist 29 975.23 / 1372.62 40 hrs/week
Utilities Electrician 31 1024.62 / 1441.85 40 hrs/week
Utilities Operator 24* 862.15 / 1212.92 40 hrs/week
Utilities Production Superintendent 50 1638.46/2304.92 Exempt
I Utility Director 59 2045.08 /2878.15 Exempt
Utility Services Manager 37 ] 188.46/ ]671.69 Exempt
~
6
~.
1
ORDINANCE NO. 8039 (Cont)
I
Classification Pay Bi-Weekly Pay Overtime
Grade Range Min / Max Eligibility
Utility Technician 36 1159.38 / 1631.08 40 hrs/week
Utility Warehouse Clerk 16 707.08/995.08 40 hrs/week
Utility Warehouse Supervisor 27 928.15 / 1306.15 40 hrs/week
Wastewater Engineering/Operations Supt 42 1344.00/ 1891.85 Exempt
Wastewater Plant Filter Operator 14 672.92 /947.08 40 hrs/week
Wastewater Plant Maintenance Supervisor 27 928.15 / 1306.15 40 hrs/week
Wastewater Plant Operator I 9 595.38/837.23 40 hrs/week
Wastewater Plant Operator II 14 672.92 /947.08 40 hrs/week
Wastewater Plant Process Supervisor 28 951.69 / 1338.92 40 hrs/week
Wastewater Plant Senior Operator 18 743.08 / 1045.38 40 hrs/week
Water Maintenance Worker I 11 624.92 / 879.23 40 hrs/week
I Water Maintenance Worker II 14 672.92 /947.08 40 hrs/week
Water Superintendent 33 1076.31 / 1514.77 Exempt
Water Supervisor 28 951.69/ 1338.92 40 hrs/week
Wireman I 25 883.38 / 1243.38 40 hrs/week
Wireman II 33 1076.31 / 1514.77 40 hrs/week
Worker/Seasonal n/a* 340.00 / 882.46 Exempt
Worker/Temporary n/a* 340.00 / 400.00 40/7
* Puy Schedule Vw'iations
SECTION 2. The classification of officers and 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 officers and employees shall work prior to overtime eligibility are as stated above.
I
All full-time fire fighters, police officers, and ambulance attendants shall be paid a clothing and uniform
allowance in addition to regular salary. The range of this allowance is $55 to $76 per month. Full-time
7
ORDINANCE NO. 8039 (Cont)
I
police officers may also receive a reimbursement toward the purchase of body armor, not to exceed $240.
Full-time fire fighters may receive a one-time uniform acquisition allowance of $500. If any such fire
fighter, police officer, or ambulance attendant 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 in 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
I
providing an allowance up to $18.00 per month. 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 $6 per week. Public Works Department personnel in the job classifications
Senior Equipment Mechanic, Garage Superintendent, and Equipment Mechanic shall receive a tool
allowance of $5 per week.
Parking Monitors shall receive a one-time uniform acquisition allowance of $250 upon
employment and an annual allowance thereafter of $100.
SECTION 3. Employees shall be compensated for unused sick leave as follows:
a. The City will include in the second paycheck in January of each year payment for
an employee's unused sick leave in excess of 120 days accrued in the preceding calendar year.
I
The compensation will be at the rate of one-half day's pay based on the employee's current pay
8
Approved U&to Ponn . ,
August 5. 1994
ORDINANCE NO. 8039 (Cont)
I
rate at the time of such compensation, for each day of unused sick leave which exceeds 120 days
accrual of the preceding year.
b. All employees except those covered in the police department and fire department
bargaining agreements 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.
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.
I
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 (me-half of all unused sick leave.
SECTION 4. 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 5. 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 6. Ordinance No. 7990 and all other ordinances and parts of ordinances in conflict
herewith, be, and the same are, hereby repealed.
p.
SECTION 7. The salary ranges set forth in this ordinance shall be effective for the pay of City
employees as of the first day of the bi-weekly pay period beginning July 24/25, 1994.
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9
Approved as to Foim T
August 5.1994
I
ORDINANCE NO. 8039 (Cont)
SECTION 8. This ordinance shall be in full force and take effect from and after its passage and
publication in pamphlet form by the City Clerk.
Enac~ 7, 1994.
ATTEST:
I
I
10
Approved. as (0 Fonu .
August 5. 1994
I
. THIS SPACE RESERVED FOR REGISTER OF DEEDS.
ORDINANCE NO. 8040
An ordinance creating Street Improvement District No. 1190; defining the
I
boundaries of the district; providing for the improvement of a street within the district by
paving, curbing, guttering, storm drainage, and other incidental work in connection therewith;
providing for filing of this ordinance with the Hall County Register of Deeds; and providing the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Street Improvement District No. 1190 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 Right-of-Way line of Cherry
Street intersects the North Right-of-Way line of Sunset Avenue;
thence North on the East Right-of-Way line of Cherry Street, a
distance of one hundred fifty (150.0) feet; thence East parallel to
the North Right-of-Way line of Sunset Avenue to a point thirty
Approved as to Fonn ..
August 19, 1994 .. City Attorney
I
ORDINANCE NO. 8040 (Cont)
I
three (33.0) feet West of the East line of Section Twenty Two
(22), Township Eleven (11) North, Range Nine (9) West of the 6th
P.M.; thence North parallel to the East line of said Section Twenty
Two (22), a distance of one hundred fifty (150.0) feet; thence
West a distance of seven (7.0) feet; thence North parallel to the
East line of Section Twenty Two (22), a distance of fifty (50.0)
feet; thence East, a distance of forty (40.0) feet; thence South on
the East line of Section Twenty Two (22), a distance of seven
hundred ten (710.0) feet; thence West parallel to the South Right-
of-Way line of Sunset Avenue, to the East Right-of-Way line of
Cherry Street; thence North on the East Right-of-Way line of
Cherry Street, a distance of one hundred forty one and ninety five
hundredths (141.95) feet; thence deflecting right 080 58' 45" and
continuing Northerly on the East Right-of-Way line of Cherry
Street a distance of one hundred fifty nine and seventy five
hundredths (159.75) feet, to the South Right-of-Way line of Sunset
Avenue; thence West on the South Right-of-Way line of Sunset
Avenue, a distance of sixty and seven tenths (60.7) feet; thence
North a distance of sixty (60.0) feet; thence East on the North
Right-of-Way line of Sunset Avenue, a distance of sixty (60.0)
feet, to the point of beginning.
SECTION 3. The following street in the district shall be improved by paving and
other incidental work in connection therewith:
Sunset Avenue from Cherry Street to Stuhr Road 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 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
benefitted thereby as provided by law.
I
SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds of Hall County, Nebraska.
2
Approved as to Form ,.
August 19, 1994 .. City Attorney
I
ORDINANCE NO. 8040 (Cont)
SECTION 6. 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 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 ()~ ;;?/) I /.9'1 C;
k-1 -<.tJ J; ~
~T L. DOBESH, Mayor
I
ATTfST:
~ ~~d-
Cin K. . wright, Cit. Clerk
I
3
Approved as to Form" ./
August 19, 1994 .. City Attorney
I
ORDINANCE NO. 8041
An ordinance to amend Chapter 5 of the Grand Island City Code; to amend
Section 5-16 pertaining to animal enclosure requirements; to amend Section 5-18 pertaining to
animal number limits; to repeal Sections 5-16 and 5-18 as now existing; to provide for
publication; 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. Section 5-16 of Chapter 5 of the Grand Island City Code be and
hereby is amended to read as follows:
~5-16.
Enclosures; Requirements
(a)
All enclosures and restraints required by Section 5-15 which are used to confine
horses, mules, donkeys, cows, sheep, goats, or llamas shall be no less than 150
feet from any residence other than the residence of the owner of said enclosure
unless a waiver or variance is obtained as provided in subsection (c) below.
I
(b) All enclosures and restraints required by Section 5-15 which are used to confine
rabbits, birds, fowl, or miniature potbellied pigs shall be at least 15 feet from any
privately-owned property abutting the owner's property.
(c) The owner of any animal affected by subsection (a) may keep or maintain an
enclosure within the prohibited distance by either obtaining a waiver from all
property owners within the prohibited distance stating that said property owners
do not object to the keeping of animals within the prohibited distance, and filing
the same with the Health Department, or obtaining a variance from the city
council; provided, that no variance shall be granted by the city council for a
distance less than 75 feet. The council shall consider the following factors in
determining whether or not to issue a variance:
(1) That the variance, if allowed, is in harmony with the general purpose and
interest of this animal ordinance;
I
(2)
That there are practical difficulties or practical hardships in the way of
carrying out the strict letter of this animal ordinance;
I
ORDINANCE NO. 8041 (Cont)
(3)
For the purpose of supplementing the above requirements, the council in
making the determination whether there are practical difficulties or
practical hardships, shall also take into consideration the extent to which
the following facts, favorable to the applicant, have been established by
the evidence:
1. that the majority of the applicant's neighbors have presented no
objection to the proposed variance;
11. that the variance, if granted, would not be a threat to the public
health, safety and welfare;
111. that the variance, if granted, would not materially reduce the
marketability of surrounding real property.
(4) Upon the filing of a request for variance under this subsection, the city
clerk shall cause notice of the time and place of the hearing for variance
to be mailed to the head of all residences within 150 feet of the enclosure
for which the variance is sought.
I
SECTION 2. Section 5-18 of Chapter 5 of the Grand Island City Code be and
hereby is amended to read as follows:
~5-18.
Number of Animals; Limits
(a) No residential property shall have more than four animals over four months of
age where said animals are of the following species:
(1) horses;
(2) mules;
(3) donkeys;
(4) cows;
(5) sheep;
(6) goats;
(7) miniature potbellied pigs; and
(8) llamas;
I
and provided further, that the area requirements set forth in Section 5-19 must be
met.
2
I
ORDINANCE NO. 8041 (Cont)
(b)
No residential property shall have more than thirty (30) rabbits or fowl at anyone
time.
(c) No residential property shall have more than sixty-four (64) birds over six months
of age at any. one time.
(d) For the purposes of this section, the number of animals permitted to be kept
under subsection (a) shall be reduced by one if rabbits are also kept on said
property, and also by one if birds or fowl are kept on said property.
(e) No residential property shall have more than four dogs and/or cats over four
months of age.
(f) No residential property shall have more than four different species of animals
sheltered and/or enclosed outside the residence.
SECTION 3. Sections 5-16 and 5-18 of the Grand Island City Code as heretofore
existing, and any ordinances or parts of ordinances in conflict herewith, be, and hereby are,
I 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.
I
3
I
ORDINANCE NO. 8041 (Cont)
Enacte<\. ~0n~ Id"qqL/.
Attest:
&n d1; 4< tw hUlII !!^:+-
Cin y K. Cartwright, City. Clerk
I
I
4
ORDINANCE NO. 8042
I
An ordinance to amend Section 22-113 of the Grand Island City Code pertaining
to "Snow Emergency Routes;" to redefine certain streets which are snow routes; to repeal
Section 22-113 as heretofore existing; and to provide the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That Section 22-113 of the Grand Island City Code is amended to
read as follows:
Sec. 22-113. SNOW EMERGENCY ROUTES
I
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 designa-
tion 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;
I
Custer Avenue between Third Street and Capital Avenue;
ORDINANCE NO. 8042 (Cont)
I
Darr Avenue between Faidley A venue and Seventh Street;
Eddy Street between Anna Street and State Street;
Faidley Avenue between Hwy 281 and Broadwell Avenue;
First Street between Greenwich and Vine Street;
Fonner Park Road between Stuhr Road and 320 feet west of Sylvan Street;
Fout1h Street between Broadwell A venue 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 Walnut Street;
Koenig Street between Walnut Street and Vine Street;
Lafayette Avenue between State Street and Capital A venue;
Lincoln Street between Anna Street and 13th Street/Broadwell Avenue;
Manchester Road between Viking Road and Engleman Road;
New U.S. Highway No. 30 between the West City Limits and Second Street;
Not1h Front Street between Webb Road and Broadwell A venue;
Not1h Road between the Husker Highway and Highway No.2;
Old Highway No. 2 between North Broadwell and Highway No. 281;
Old Potash Hwy between West City Limits and Custer Avenue;
Old U.S. Hwy 30 between the west City Limits and New U.S. Hwy 30 Overpass;
I
I
2
I
ORDINANCE NO. 8042 (Cont)
I
Pine Street between the Union Pacific Railroad and First Street;
Pioneer Boulevard between Blaine Street and Stolley 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;
Shady Bend Road between the south and north City Limits;
Sky Park Road between Fourth Street and Capital A venue;
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 A venue;
Tenth Street between Broadwell Avenue and St. Paul Road;
Third Street between Blaine Street and Walnut Street;
U.S. Hwy 30 between Plum Street and the east City Limits;
U.S. Hwy 34 between the west and east City Limits;
I
3
ORDINANCE NO. 8042 (Cont)
I
U.S. 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 Avenue;
13th Street between Engleman Road and Eddy Street;
17th Street between Walnut Street and Sycamore Street.
SECTION 2. That Section 22-113 of the Grand Island City Code as heretofore existing,
and any other ordinance or part of ordinance in conflict herewith, is repealed.
I
SECTION 3. This ordinance shall be in force and take effect within fifteen days after
passage and publication in the one issue of the Grand Island Independent as provided by law.
Enacted ()~ M I /9'1 tj
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'{,
4
I
. THIS SPACE RESERVED FOR REGISTER OF DEEDS.
ORDINANCE NO. 8043
I
An ordinance creating Sanitary Sewer District No. 478 in the City of Grand
Island, Nebraska;' defining the boundaries of the district; providing for the laying of a sanitary
sewer main in said district; providing for plans and specifications and securing bids; providing
for the assessment of special taxes for constructing such sewer and collection thereof; providing
for filing of this ordinance with the Hall County Register of Deeds; and providing the effective
date of this ordinance.
I
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Sanitary Sewer District No. 478 is hereby created for construction
of eight (8) inch sanitary sewer mains and appurtenances thereto in the area of Webb Road and
Faidley A venue.
SECTION 2. The boundaries of the such sanitary sewer district shall be as
follows:
I
ORDINANCE NO. 8043 (Cont)
I
Beginning at a point where the North line of Faidley A venue
intersects the East line of Faidley Place, said point also being the
Southwest Corner of Lot Four (4), Block One (1), Colonial Estates
Second Subdivision; thence North on the East line of Faidley Place
for a distance of One Hundred Forty One and One Hundredth
(141.01) feet; thence West on a line to the Northeast Corner of
Lot Two (2), Faidley Place Subdivision; thence South on the West
line of Faidley Place to the North line of Faidley A venue; thence
Westerly along the North line of Faidley Avenue to the West line
of Faidley Place Subdivision; thence North on the West line of
Faidley Place Subdivision and Colonial Apartments Subdivision for
a distance of Two Hundred Eighty Six and Three Tenths (286.3)
feet; thence West on a line Three Hundred Fifty Six and Three
Tenths (356.3) feet North of and parallel to the South line of the
North Half (Nl/2) of fractional Section Eighteen (18), Township
Eleven (11), Range Nine (9) to the West line of Webb Road;
thence Northwesterly on the West line of Webb Road to a point
Four Hundred (400.0) feet north of the South line of the Southeast
Quarter of the Northeast Quarter (SE1,4 NE1,4) of Section Thirteen
(13), Township Eleven (11), Range Ten (10); thence West on a
line Four Hundred (400.0) feet North of and parallel to the South
line of the Southeast Quarter of the Northeast Quarter (SE1,4 NEl,4)
of Section Thirteen (13), Township Eleven (11), Range Ten (10)
to a point Three Hundred Eighty Nine (389.0) feet West of the
East line of Section Thirteen (13), Township Eleven (11), Range
Ten (10); thence South on a line Three Hundred Eighty Nine
(389.0) feet West of and parallel to the East line of Section
Thirteen (13), Township Eleven (11), Range Ten (10) for a
distance of Four Hundred (400.0) feet to the South line of the
Northeast Quarter (NE1,4) of Section Thirteen (13), Township
Eleven (11), Range Ten (10); thence East on the south line of the
Northeast Quarter (NEl,4) of Section Thirteen (13), Township
Eleven (11), Range Ten (10) to a point Two Hundred Ninety
(290.0) feet West of the East line of Section Thirteen (13),
Township Eleven (11), Range Ten (10); thence South on a line
Two Hundred Ninety (290.0) feet West of and parallel to the East
line of Section Thirteen (13), Township Eleven (11), Range Ten
(10) for a distance of Two Hundred Ninety Eight and Seven
Tenths (298.7) feet; thence East on a line and a prolongation
thereof to a point on the West line of Lot Four (4), Webb Road
Subdivision; thence South on the West line of Lot Four (4), Webb
Road Subdivision to the Southwest corner of Lot Four (4), Webb
I
2
I
ORDINANCE NO. 8043 (Cont)
Road Subdivision; thence East on the South line of Lot Four (4),
Webb Road Subdivision for a distance of Two Hundred Five and
Seven Hundredths (205.07) feet; thence Northerly on a line to a
point on the North line of Faidley Avenue; thence West on the
North line of Faidley A venue, to the point of beginning, all as
shown on the plat marked Exhibit A 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, and
submit the same to the City Council, and upon approval of 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 improvement shall be assessed
against the property within the district abutting upon the easement or other right-of-way within
I which such sanitary sewer main will be constructed within such sewerage district, to the extent
of benefits to such property by reason of such improvement, and a special tax shall be levied
at one time to pay for such cost of construction as soon as can be ascertained, as provided by
law; and , provided further, such special tax and assessments shall constitute a sinking fund for
the payment of any bonds with interest, issued for the purpose of paying the cost of such sewer
in such district; such special assessments shall be paid and collected in a fund to be designated
and known as Sewer and Water Extension Fund, and, out of which all warrants issued for the
purpose of paying the cost of such sanitary sewer shall be paid.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval, and publication, without the plat, as provided by law.
I
SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the
3
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EXHIBIT" All
SANIT ARY SEWER DISTRICT NO. 478
I CITY Of" GRAND ISLAND , NEBR.
ENGINEERING DEPARTMENT
r PLAT TO ACCOMPANY ORDINANCE
NO. 8043
I SCALE .1'=200' L.D.C. 8/29/941
I
ORDINANCE NO. 8043 (Cont)
office of the Register of Deeds of Hall County, Nebraska.
SECTION 7. After passage, approval, and publication of this ordinance without
the plat, notice of the creation of said district shall be published in the Grand Island Independent,
a legal newspaper published and of general circulation in said City, as provided by law.
Enacli:fL4qtfuvJwJ ICJ, I. 99 tj
I
ATI~-K~
Cindy K. Cartwright, City Clerk
I
4
ORDINANCE NO. 8044
I
An ordinance to require permits for open burning; to establish approved locations
for leaf and brush fires; to establish hours for burning leaves and brush; to repeal any ordinances
or parts of ordinances in conflict herewith; to provide for publication of this ordinance; and to
provide the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That permits to burn leaves and brush shall only be issued to the
owner or occupant of private residential property fire locations. Permits may be issued during
each open burning period and the week prior thereto. A separate permit shall be required for
each open buring period and shall be maintained in the possession of a person tending the fire
I at all times.
SECTION 2. Fire locations for leaf and brush piles greater than three (3.0') feet
in diameter or two (2.0') feet in height must be at least fifty (50.0') feet away from any structure
or other combustible material. Fire locations for leaf and brush piles less than three (3.0') feet
in diameter and two (2.0') feet in height must be at least twenty-five (25.0') feet from any
structure or other combustible material unless the fire is contained within an approved buring
appliance or barrel with one-half (1/2 ") inch wire mesh screen covering the entire opening and
such container or barrel is located not less than fifteen (15.0') feet from any structure or other
combustible material.
I
SECTION 3. Leaf and brush fires may only be burned between the hours of9:00
a.m. and 9:00 p.m. of the open burning periods.
ORDINANCE NO. 8044 (Cont.)
I
SECTION 4. Any ordinance or part of ordinances in conflict herewith are hereby
repealed.
SECTION 5. This ordinance shall be in force and take effect within fifteen days
after passage and publication in one issue of the Grand Island Independent as provided by law.
Enac~~hf;v IJ1lqqy
~
.. l p;i~60~ )
I
I
2
I
ORDINANCE NO. 8045
An ordinance to create Sanitary Sewer Connection District No. 479T located in
Sunset Fifth Subdivision and Fractional Section Twelve (12), Township Eleven (11), Range Ten
(10) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska; to define the
boundaries of the district; to provide for the laying of a sanitary sewer main in said district; to
provide for plans and specifications and to secure bids; to provide for the connection fee for
connecting to such sanitary sewer main; to provide for certification to the Register of Deeds; to
provide for publication; 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. Sanitary Sewer Connection District No. 479T is hereby created
I for the laying of a fifleen-inch gravity sewer pipe composed of either polyvinyl chloride or
vitrified clay, and appurtenances thereto, in part of Fractional Section Twelve (12), Township
Eleven (11), Range Ten (10) West of the 6th P.M., and in Sunset Fifth Subdivision, all in the
City of Grand Island, Hall County, Nebraska.
SECTION 2. The boundaries of Sanitary Sewer Connection District No. 479T
shall be as follows:
I
Beginning at the Southeast Comer of Lot Ten (10), Sunset Fifth
Subdivision; thence South on a line thirty three (33.0') feet West
of and parallel to the West line of Section Twelve (12), Township
Eleven (11), Range Ten (10) for a distance of twenty four (24.0')
feet to the Southeast Comer of Sunset Fifth Subdivision; thence
West on the South line of Sunset Fifth Subdivision for a distance
of seven (7.0') feet; thence South on a line forty (40.0') feet West
of and parallel to the West line of Section Twelve (12), Township
Eleven (11), Range Ten (10) for a distance of seven hundred
ninety six and sixty one hundredths (796.61') feet; thence East on
D94\OOO7-004
I
ORDINANCE NO. 8045 (Cont)
a line two hundred forty five (245.0') feet North of and parallel to
the South line of the Northwest Quarter (NW 1A) of Section Twelve
(12), Township Eleven (11), Range Ten (10) for a distance of
three hundred forty (340.0') feet; thence North on a line three
hundred (300.0') feet East of and parallel to the West line of
Section Twelve (12), Township Eleven (11), Range Ten (10) for
a distance of eight hundred twenty and sixty one hundredths
(821.61') feet; thence West on a line one thousand sixty five and
sixty one hundredths (1,065.61') feet North of and parallel to the
South line of the Northwest Quarter (NW 1,4) of Section Twelve
(12), Township Eleven (11), Range Ten (10) for a distance of
three hundred thirty three (333.0') feet to the point of beginning,
all as shown on the plat marked Exhibit "A" attached hereto and
incorporated herein by reference.
SECTION 3. Said improvement shall be made in accordance with plans and
specifications prepared by the Engineer of the City who shall estimate the cost thereof, and
I
submit to the City Council, and upon approval of the same, bids for the construction of such
sanitary sewer shall be taken and entered into in the manner provided by law.
SECTION 4. The cost of construction of said sanitary sewer 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 of the City Council to the Register of Deeds. A connection fee in the
amount of the special benefits 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 sanitary sewer main in
such district. No property thus benefitted by sanitary sewer main improvements shall be
I
connected to the sanitary sewer main until the connection fee is paid. The connection fees
collected shall be paid into a fund to be designated as the Fund for Sanitary Sewer Connection
2
I
ORDINANCE NO. 8045 (Cont)
District No. 479T for the purpose of creating a sinking fund for the payment of bonds or for the
purpose of replenishing the construction fund. Payment of the cost of construction of Sanitary
Sewer Connection District No. 479T may be made by warrants drawn upon the appropriate
sanitary sewer construction 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 Int;;dent as provided by law.
Enacted ~~bl J9~ ~
I
_~ 0< tOft a" L--'C
Ernest L. Dobesh, Mayor "--,
A~
K ~hAM M--
C dy K~artWright, Q[;ty Clerk
I
3
I
ORDINANCE NO. 8046
An ordinance to amend Chapter 36 of the Grand Island City Code; to amend
Section 36-12 pertaining to definitions of Dwelling Unit, Building and Structure; to repeal
Section 36-12 as now existing; to provide for publication; 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. Section 36-12 of Chapter 36 of the Grand Island City Code be and
hereby is amended to read as follows:
~36-12.
DEFINITIONS
I
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.
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.
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
G94\0136-007
I
ORDINANCE NO. 8046 (Cont)
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.
I
Boarding House (Lodging House, Fraternity, Sorority). A building, other than a hotel
or motel, where lodging and meals are provided for three or more guests for compensation.
Building. 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, Height. 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.
Building, Nonconforming. (See "Nonconforming Building or Use")
Building, Principal. 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.
I
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.
2
I
I
I
ORDINANCE NO. 8046 (Cont)
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.
Dwelling 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.D.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;
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.
Family. 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
3
I
ORDINANCE NO. 8046 (Cont)
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 Coverage. 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 structure 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 Occupations, 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;
I
(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;
(t) 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.
I
2.
the premises must be suitable and meet all applicable codes for day care
4
I
ORDINANCE NO. 8046 (Cont)
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.
I
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 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.
I
Lot, Corner. A lot at the junction of two or more streets.
Lot, Interior. A lot other than a comer lot with frontage on one street only.
5
I
ORDINANCE NO. 8046 (Cont)
Lot, Through. An interior lot having frontage on two streets. Such lots may be referred
to as "double frontage" lots.
Lot, Depth. 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.
I
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.
I
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
6
I
ORDINANCE NO. 8046 (Cant)
the room.
Noncoriforming 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.
I
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 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.
I
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.
7
I
ORDINANCE NO. 8046 (Cont)
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.
Zoning, 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 36-12 of the Grand Island City Code as heretofore existing,
I and 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 )qJ.l/W. bto/' Dib nq vf
~~~/
Ernest L. obesh, Mayor
I
8
I
ORDINANCE NO. 8047
An ordinance to amend Ordinance No. 6873 enacted October 25, 1982; to amend
Section Seven (7) of Ordinance No. 6873 to allow for bi-monthly gas meter reading and to allow
for estimates of gas consumption for monthly billing purposes; 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 Seven of Ordinance No. 6873 enacted on October 25, 1982
shall be amended to read as follows:
I
SECTION 7. The Grantee agrees that it will, at its expense, furnish, install,
maintain, and keep in proper adjustment and repair, meters of modern approved type
upon the property of each consumer of gas, that the same shall be read regularly at
intervals of approximately thirty or sixty days, and if read bi-monthly, that Grantee shall
estimate gas consumption monthly between such readings. Grantee shall render monthly
statements to each consumer based upon such meter readings or estimates, unless the
consumer has agreed to pre-established monthly billing based upon such pre-estimated
billing amount, with an annual adjustment of such estimate to actual consumption.
Grantee shall, upon request of the City, cooperate in the study of establishment of joint
meter reading and billing with the utility department of the City upon reasonable terms
and conditions. The Grantee shall maintain at its office in said City accurate, complete,
and detailed records of such meter readings and estimates, for a period of at least five
years. The Grantee, at its own expense, shall make careful and accurate tests of each
meter at reasonable intervals, or as may otherwise be required by the governing body of
the City, at specific instances, and shall keep accurate records of the result of such tests.
The City, by its authorized agents and representatives, shall have the right and authority
to make tests and readings of meters at such times as it may see fit, and without charge,
use Grantee's equipment to make such tests.
SECTION 2. Section Seven (7) of Ordinance No. 6873 as now existing is hereby
repealed .
I
G94\0169-002
I
ORDINANCE NO. 8047 (Cont)
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 ~~bllqq'1.
~.L4t-~ ~
-' Ernest L. Dobesh, Mayor
Attest:
_~~K~~
Cindy . Cartw ight, City lerk
I
I
2
I
I
I
ORDINANCE NO. 8048
An ordinance rezoning a certain tract of land within the zoning jurisdiction
of the City of Grand Island; changing the land use district of a certain tract of land
comprising of Lots One (1) and (2), Block One (1) of the Trafalgar Square Subdivision, Lots
Three (3), Four (4), Five (5) and Six (6) of Dawn Addition to the City of Grand Island, and
a part of Lot Three (3) of Giese's South Lawn Addition to the City of Grand Island, Hall
County, Nebraska, from M2-Heavy Manufacturing Zone to B2-General Business Zone;
directing that such zoning change and classification be shown on the official zoning map of
the City of Grand Island; amending the provisions of Section 36-7 of the Grand Island City
Code to conform to such reclassification; and providing for the publication and effective
date of this ordinance.
WHEREAS, the Regional Planning Commission on October 5, 1994, held a
public hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 79-4,151, R.R.S. 1943, has been
given to the Board of Education of School District No.2 in Hall County, Nebraska; and
WHEREAS, after public hearing on October 10, 1994, the City Council found
and determined that the change in zoning be approved and granted.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That a tract of land comprised of Lots One (1) and Two (2),
Block One (1) of Trafalgar Square Subdivision in the City of Grand Island, Hall County,
Nebraska, and Lots Three (3), Four (4), Five (5) and Six (6) of Dawn Addition to the City
G94\OI80-00l
I
ORDINANCE NO. 8048 (Cant)
of Grand Island, Hall County, Nebraska, and a Part of Lot Three (3) of Giese's South Lawn
Addition to the City of Grand Island, Hall County, Nebraska, more particularly described
as follows:
Beginning at the northwest corner of Block One (1) Trafalgar Square
Subdivision; thence northerly along and upon the west line of said Lot Three
(3), a distance of Two Hundred (200.0) feet; thence easterly, parallel with the
north line of said Block One (1), Trafalgar Square Subdivision, a distance of
Two Hundred Sixty Two and Ninety One Hundredths (262.91) feet to a point
on the east line of said Lot Three (3); thence southerly along and upon the
east line of said Lot Three (3), a distance of Two Hundred (200.0) feet to the
northeast corner of said Block One (1), Trafalgar Square Subdivision; thence
westerly along and upon the north line of said Block One (1), Trafalgar
Square Subdivision, a distance of Two Hundred Sixty Three and Fourteen
Hundredths (263.14) feet to the point of beginning;
be rezoned and reclassified and changed from M2- Heavy Manufacturing Zone to B2-
I General Business Zone classification.
SECTION 2. That the official zoning map of the City of Grand Island,
Nebraska, be, and the same is, hereby ordered to be changed, amended, and completed in
accordance with this ordinance.
SECTION 3. That the findings and recommendations of the Regional
Planning Commission and the City Council of the City of Grand Island are hereby accepted,
adopted, and made a part of this ordinance.
SECTION 4. That Section 36-7 of the Grand Island City Code and all
ordinances and parts of ordinances in conflict herewith are hereby amended to reclassify the
above-described area as herein ordered and determined.
I
2
I
ORDINANCE NO. 8048 (Cant)
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
ERNEST L. DOBESH, Mayor
ATTEST:
Cindy K. Cartwright, City Clerk
I
I
This Ordinance was not approved by the City Council at the Meeting of October 10, 1994
3
I
ORDINANCE NO. 8049
An ordinance rezoning a certain tract of land within the zoning jurisdiction
of the City of Grand Island; changing the land use district of a certain tract of land
comprising of Lot One (1) of Warren Subdivision in the City of Grand Island, Hall County,
Nebraska, from M1-Light Manufacturing Zone to B2-General Business Zone; directing that
such zoning change and classification be shown on the official zoning map of the City of
Grand Island; amending the provisions of Section 36-7 of the Grand Island City Code to
conform to such reclassification; and providing for the publication and effective date of this
ordinance.
WHEREAS, the Regional Planning Commission on October 5, 1994, held a
public hearing and made a recommendation on the proposed zoning of such area; and
I WHEREAS, notice as required by Section 79-4,151, R.R.S. 1943, has been
given to the Board of Education of School District No.2 in Hall County, Nebraska; and
WHEREAS, after public hearing on October 10, 1994, the City Council found
and determined that the change in zoning be approved and granted.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That a tract of land comprised of Lot One (1) Warren
Subdivision in the City of Grand Island, Hall County, Nebraska be rezoned and reclassified
and changed from M1-Light Manufacturing Zone to B2-General Business Zone
classification.
I
094\0181.001
I
ORDINANCE NO. 8049 (Cont)
SECTION 2. That the official zoning map of the City of Grand Island,
Nebraska, be, and the same is, hereby ordered to be changed, amended, and completed in
accordance with this ordinance.
SECTION 3. That the findings and recommendations of the Regional
Planning Commission and the City Council of the City of Grand Island are hereby accepted,
adopted, and made a part of this ordinance.
SECTION 4. That Section 36-7 of the Grand Island City Code and all
ordinances and parts of ordinances in conflict herewith are hereby amended to reclassify the
above-described area as herein ordered and determined.
SECTION 5. That this ordinance shall be in force and take effect from and
I after its passage and publication within fifteen days in one issue of the Grand Island
Independent as provided by law.
Enacted JLC}c}b0v /0 I (q q Lf .
~4r~ ~
~ RNEST L. DO ESH, Mayor
ATTEST:
~~~
I
2
I
ORDINANCE NO. 8050
An ordinance to amend Chapter 17 of the Grand Island City Code; to amend
Section 17-29 pertaining to fees for garbage, refuse, and waste materials at the city transfer
station and the landfill; to repeal Section 17-29 as presently existing; and to provide the effective
date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 17-29 of Chapter 17 of the Grand Island City Code be and
hereby is amended to read as follows:
U7-29. Fees
A.
All persons who dispose of garbage, refuse, and waste materials at the City transfer
station, or the City sanitary landfill when permitted, shall pay to the City for such
dumping privileges, for each load, an amount as follows:
I
1. For general refuse, municipal solid waste, and demolition materials: $10.00 per
cubic yard, subject to a minimum charge of $5.00.
A reduced rate of $8.00 per cubic yard, subject to a minimum charge of $4.00,
shall apply when the delivering vehicle is properly equipped and the load is
completely covered or otherwise contained or securely fastened as required by
this chapter or other applicable laws.
2. For tires:
a. $2.70 per passenger car tire
b. $4.70 per truck tire
c. $16.00 per implement tire
I
G94\OlOl-012
I
ORDINANCE NO. 8050 (Cont)
3.
Special Waste Disposal Rates
Yard Waste*
Clean grass, leaves, other compostable
yard and garden wastes (free of trash, debris,
all plastic bags to be removed by hauler)
$4.00cy;
$2.00 minimum
Clean Trees &
Branches*
Limbs, whole trees 10" or less in diameter,
clean lumber, no trash or debris
$4.00cy;
$2.00 minimum
Fuels Contaminated Soils Requires Nebraska Dept of Environmental
Quality pre-approved and notification to
landfill
$10.85 cy;
$10.85 minimum
White Goods
Large appliances, refrigerators, freezers,
freon containing equipment (evacuated
freon containing appliances will be accepted
only with certification of proper freon
removal)
$8.00, plus
applicable removal
charge
I
Asbestos and Other Waste May require Nebraska Dept of Environmental
Requiring Special Quality pre-approval and notification to
Handling landfill. Disposal during scheduled intervals
and 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.)
$33.25 cy;
$33.25 minimum
Note: Improperly covered or uncovered loads will be assessed an additional $2.00 per cubic
yard.
I
*Non-compostable wastes, large stumps, and all other acceptable solid wastes subject to general
solid waste disposal charges.
2
I
ORDINANCE NO. 8050 (Cont)
4.
For the following for which the hauler has been authorized to haul directly to the
landfill by the director of public works or his designated agent:
a. Street sweepings - $3.00 per cubic yard
b. General refuse, municipal solid waste, noncompactible rubble, and all
other waste - $5.30 per cubic yard.
No garbage, refuse, or other waste material shall be accepted from outside of Hall County until
an agreement is approved by the City Council covering the receipt of same.
B. The fees set forth in subsection A.I. 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:
1. Amounts contained within less than 50 percent of vehicle's cargo area: 50% of
base fee for rate capacity;
I
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 of the higher rate.
C. 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
I
3
I
ORDINANCE NO. 8050 (Cont)
hire at the City transfer station or sanitary landfill In the normal course of their
business.
SECTION 2. Section 17-29 of Chapter 17 of the Grand Island City Code, and
any other 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 ~ (()\/qq4
I
~~/J~ ;[)~
./'\: Ernest L. Dobesh, Mayor
Attest:
~~~ryctf
I
4
I
ORDINANCE NO. 8051
An ordinance to amend Chapter 22 of the Grand Island City Code; to amend
Section 22-1 pertaining to Motor Vehicles and Traffic Definitions; to repeal Section 22-1 as now
existing; to provide for publication; 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. Section 22-1 of Chapter 22 of the Grand Island City Code be and
hereby is amended to read as follows:
~22-1.
Definitions
For the purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
I
Alley shall mean a street intended to provide access to the rear or side of lots or buildings
and not intended for the purpose of through vehicular traffic.
Alley entrance shall mean the extension of the alley from the property line to the street
curb line.
Arterial street shall mean any street designated by the city council as part of a major
arterial system of streets.
Authorized emergency vehicle shall mean vehicles of the Fire Department, the Police
Department, or ambulance owned by public or privately-owned ambulance services.
Automatic traffic signals shall mean any device electrically or mechanically controlled by
which traffic is alternately directed to stop and proceed.
Bicycle shall mean every device propelled solely by human power, upon which any
person may ride, and having two or more wheels, either of which is more than fourteen
inches in diameter.
I
Bus shall mean every motor vehicle designed for carrying more than ten passengers and
used for the transportation of persons, and every motor vehicle other than a taxicab
designed and used for the transportation of persons for compensation.
G94\Ol7i-OOJ
I
ORDINANCE NO. 8051 (Cont)
Congested district shall include that portion of the City within the following bounds:
I
South Front Street from Oak Street to Walnut Street;
Third Street from the Chicago, Burlington & Quincy Railroad Company
right-of-way to Eddy Street;
Second Street from the Chicago, Burlington & Quincy Railroad Company
right-of-way to Elm Street;
First Street from Sycamore Street to Cedar Street;
Fourth Street from Eddy Street east to Sycamore Street;
Oak Street from Second Street to Fourth Street;
Kimball Avenue from Second Street to South Front Street;
Sycamore Street from First Street to Fourth Street;
Pine Street from Court Street to Sixth Street;
Locust Street from South Front Street to Charles Street;
Wheeler A venue from South Front Street to Koenig Street;
Walnut Street from First Street to Fifth Street;
Cedar Street from First Street to South Front Street;
Elm Street from Second Street to Fourth Street;
Cleburn Street from Second Street to Fourth Street; and
Eddy Street from Second Street to Fourth Street.
Crosswalk shall mean:
(a) that part of a roadway at an intersection included within the connections
of the lateral lines of the sidewalk on opposite sides of the street measured
from the curbs, or in the absence of curbs from the edge of the roadway;
(b) any portion of a roadway at an intersection or elsewhere distinctly
designated for pedestrian crossing by lines, signs, or other devices.
Curb shall mean the lateral boundaries of that portion of a street designed for the use of
vehicles, whether marked by curb stones or not so marked.
Driver or operator shall mean any person who drives or is in actual physical control of
a vehicle.
I
Intersection or street intersection shall mean the area embraced within the prolongation
or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the
roadways of two or more highways which join one another at, or approximately at, right
angles, or the area which vehicles traveling upon different highways joining at any other
angle may come in conflict. Where a highway includes two roadways 30 feet or more
apart, then every crossing of each roadway of such divided highway by an intersecting
highway shall be regarded as a separate intersection. In the event such intersecting
2
I
ORDINANCE NO. 8051 (Cont)
highway also includes two roadways 30 feet or more apart, then every crossing of two
roadways of such highways shall be regarded as a separate intersection. The junction of
any alley with a street shall not constitute an intersection.
Median shall mean that part of a divided street or highway, such as a physical barrier or
clearly indicated dividing section or space, so constructed as to impede vehicular traffic
across or within such barrier, section, or space, or to divide such highway or street into
two roadways for vehicular travel in opposite directions.
Moped shall mean a bicycle with fully operative pedals for propulsion by human power,
an automatic transmission and a motor with a cylinder capacity not exceeding fifty cubic
centimeters which produces no more than two brake horsepower and is capable of
propelling the bicycle at a maximum design speed of no more than thirty (30) miles per
hour.
Motorcycle shall mean every motor vehicle having a seat or saddle for the use of the
rider and designed to travel on not more than three wheels in contact with the ground,
but excluding a tractor.
I
Motor Vehicle shall mean every self-propelled land vehicle, not operated on rails, except
mopeds or self-propelled invalid chairs.
Official Traffic Signals shall mean all signals not inconsistent with this chapter, placed
or erected by authority of the city councilor official having authority for the purpose of
directing, warning, or regulating traffic.
One- Way Street shall mean a street designated as such by the city council upon which
vehicle traffic shall move in one direction.
Owner shall mean a person, other than a lienholder, having the property in or title to a
vehicle. The term includes a person entitled to the use and possession of a vehicle
subject to a security interest in another person, but excludes a lessee under a lease not
intended as security.
Park or Parking shall mean the standing of a vehicle, whether occupied or not, upon a
street or alley, otherwise than in obedience to traffic regulations or a traffic control
device.
Pedestrian shall mean any person afoot.
I
Person shall mean every natural person, firm, partnership, association, or corporation.
3
I
ORDINANCE NO. 8051 (Cont)
Police Officer or Traffic Officer shall mean every officer of the Grand Island Police
Department, or any officer authorized to direct or regulate traffic or make arrests for the
violation of traffic regulations.
Private Road or Driveway shall mean every way or place in private ownership and for
vehicular travel by the owner or those having express or implied permission from the
owner but not by other persons.
Right-oj- Way shall mean the privilege of the immediate use of the street.
Safety Zone shall mean the area or space officially set apart within a street for the
exclusive use of pedestrians, and which is protected or is so marked or indicated by
adequate signs as to be plainly visible at all times while set apart as a safety zone.
Sidewalk shall mean that portion of the sidewalk space intended for use by pedestrians
or any pathway or route intended for use by pedestrians.
Sidewalk Space shall mean that portion of a street between the curb lines and the adjacent
property lines.
I
Stop, when required, shall mean complete cessation of movement.
Street or Highway shall mean the entire width between the boundary limits of any street,
road, avenue, boulevard or way which is publicly maintained when any part thereof is
open to the use of the public for purposes of vehicular travel.
Traffic shall mean pedestrians, ridden or herded animals, and vehicles and other
conveyances, either singly or together, while using any street or highway for purposes
of travel.
Traffic Control Device shall mean any sign, signal, marking or other device placed or
erected by authority of the City of Grand Island, the County of Hall, the State of
Nebraska, or the United States of America for the purpose of regulating, warning, or
guiding traffic.
Traffic Lane shall mean that portion of a street designated by the city council as a path,
track, or passageway within which vehicular traffic shall move.
I
Trailer shall mean any vehicle with or without motive power designed for carrying
persons or property and for being drawn by a motor vehicle.
4
ORDINANCE NO. 8051 (Cont)
I
Truck shall mean any motor vehicle designed, used, or maintained primarily for the
transportation of property, and shall specifically include truck-tractors, with or without
trailers.
Vehicle shall mean every device in, upon, or by which any person or property is or may
be transported or drawn upon a highway, excepting devices moved solely by human
power or used exclusively upon stationary rails or tracks.
Viaduct shall mean a bridge-like structure carrying highway or street over another
highway or street or over railroad tracks.
All words and phrases not defined herein shall have ascribed to them the definition set
forth in Chapter 60, Revised Statutes of Nebraska, as amended.
SECTION 2. Section 22-1 of the Grand Island City Code as heretofore existing,
and any ordinances or parts of ordinances in conflict herewith, be, and hereby are, repealed.
I
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 ~ rO\lqqV
I
Octobc,r
5
ORDINANCE NO. 8052
I
An ordinance to amend Ordinance No. 8050; to amend Section 3 pertaining to
effective date of the ordinance; to repeal Section 3 of Ordinance No. 8050 as now existing; to
provide for publication; 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. Section 3 of Ordinance No. 8050 be and hereby is amended to read
as follows:
This ordinance shall be in force and take effect from and after its
passage and publication in one issue of the Grand Island
Independent, and on January 1, 1995.
I
SECTION 2. Section 3 of Ordinance No. 8050 as heretofore existing, be, and
hereby is, 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~ 24-1 I cr q I
I
G94\OlOl-017
ORDINANCE NO. 8053
I
An ordinance to amend Chapter 8, entitled Buildings, of the Grand Island City
Code; to amend Section 8-13 amending Chapter 29 of the Uniform Building Code; to require
subsurface drainage systems for certain buildings; to repeal Section 8-13 as heretofore existing
and any ordinances or parts of ordinances in conflict; 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. Section 8-13 of Chapter 8 of the Grand Island City Code be and
hereby is amended to read as follows:
~8-13.
UBC - Amendment to Chapter 29
Chapter 29 of the Uniform Building Code is hereby amended by adding thereto
subsections 2911 and 2912 to read as follows:
Sec. 2911. Backplaster and Dampproofing
I
Exterior foundation walls below grade of any building consisting of masonry units having
a basement shall be backplastered with one-half inch (1/2 ") Portland cement and sand mix
(1:21/2 by volume) or two one-fourth inch (1,4 ") coats of Type M mortar, and with an
approved dampproofing material. Poured concrete foundations shall be coated with
dampproofing without backplaster.
Sec. 2912. Subsurface Drainage Systems
All buildings constructed with basements or floor levels twenty-four (24) inches or more
below the elevation of the center line of the adjacent public street shall be provided with
a subsurface drainage system. A subsurface drainage system shall consist of the
minimum following elements:
1. Minimum four inch ("4") diameter perforated or scored drain pipe embedded in
four inches (4 ") of coarse gravel installed around the inside of the perimeter
footing such that no floor location is greater than ten feet (10') to such drain
pipe.
2.
Minimum fifteen inch (15") diameter by thirty inch (30") deep sump pump pit;
one pit for each one thousand five hundred (1,500) square feet of floor area to be
drained.
I
G94\0003-005
ORDINANCE NO. 8053 (Cont)
I
3.
Minimum two inch (2 ") diameter weep holes through the footing at eight foot (8')
on center intervals with a minimum of four inch (4 ") of gravel cover on the
exterior of the footing.
4. Minimum four inch (4") gravel bed under floor slab.
SECTION 2. Section 8-13 of Chapter 8 of the Grand Island City Code as
heretofore existing, and any other ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3. This ordinance shall be in force and take effect from and after its
passage and publication within fifteen days, as provided by law and on January 1, 1995.
Enacted
I
Ernest L. Dobesh, Mayor
Attest:
Cindy K. Cartwright, City Clerk
This Ordinance was not adopted by the City Council at the Meeting of October 24, 1994
I
2
I
. TillS SPACE RESERVED FOR REGISTER OF DEEDS.
ORDINANCE NO. 8054
An ordinance to vacate part of Saint Paul Road between 10th Street and 11th
I
Street; to provide for filing this ordinance in the office of the Register of Deeds of Hall County;
and to provide the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That part of Saint Paul Road between 10th Street and 11th Street,
more particularly described as follows:
I
Beginning at the Southeast Corner of Block Thirty Three (33),
Russell Wheeler's Addition; thence running northerly along the
easterly line of Block Thirty Three (33), Russell Wheeler's
Addition, a distance of approximately Sixty Six and Two Tenths
(66.2) feet, to the ACTUAL point of beginning; thence continuing
northerly along the easterly line of Block Thirty Three (33),
Russell Wheeler's Addition, a distance of approximately Seventy
Two and Four Tenths (72.4) feet; thence running southeasterly
parallel with the westerly line of Block Thirty Three (33), Russell
Wheeler's Addition, a distance of Sixty Two and One Tenths
(62.1) feet; thence running southwesterly a distance of
Approved as to Form ..
October 24, 1994 .. City Attorney
I
ORDINANCE NO. 8054 (Cont)
approximately Thirty Seven and Two Tenths (37.2) feet, to the
ACTUAL point of beginning;
be, and hereby is, vacated, provided and conditioned, that the City of Grand Island hereby
reserves all of such street for existing sewer, water, electric, storm drainage, gas, and other
public utilities easements and all rights and appurtenances thereto.
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.
I
SECTION 4. This ordinance shall be in force and take effect from and after its
passage, approval, and publication within fifteen days in one issue of the Grand Island
Independent as provided by law.
Enacted
ERNEST L. DOBESH, Mayor
ATTEST:
Cindy K. Cartwright, City Clerk
III The City Council did not approve this Ordinance at the Meeting of Octoher 24. 1994
2
Approved as to Form y
October 24, 1994 .. City Attorney
. THIS SPACE RESERVED FOR REGISTER OF DEEDS.
ORDINANCE NO. 8055
An ordinance creating Street Improvement District No. 1191; defining the
I
boundaries of the district; providing for the improvement of a street within the district by
paving, curbing, guttering, storm drainage, and other incidental work in connection therewith;
providing for filing of this ordinance with the Hall County Register of Deeds; and providing the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Street Improvement District No. 1191 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 Southeast Corner of Lot Two (2), Hilligas Second
Subdivision, said point also being the intersection of the North line
of Fonner Park Road and the West line of Pleasant View Drive;
thence West on the North line of Fonner Park Road for a distance
of Three Hundred (300.0) feet; thence North on a line Three
Approved as to Fonn l'
November 23, 1994 .. City mey
D94\OOll-OOl
I
Hundred (300.0) feet West of and parallel to the West line of
Pleasant View Drive to a point on the South line of Hall Street;
thence East on the South line of Hall Street to a point One
Hundred Eleven (111.0) feet West of the West line of Pleasant
View Drive; thence North on a line One Hundred Eleven (111.0)
feet West of and parallel to the West line of Pleasant View Drive
to the North line of Dodge Street; thence East on the North line of
Dodge Street for a distance of One Hundred Eleven (111.0) feet
to the West line of Pleasant View Drive; thence North on the West
line of Pleasant View Drive to a point where a prolongation of the
South line of Sunset Street intersects the West line of Pleasant
View Drive; thence East on said prolongation of South line of
Sunset Street to the East line of Pleasant View Drive; thence South
on the East line of Pleasant View Drive for a distance of Eighty
Five (85.0) feet; thence East on a line Eight Five (85.0) feet South
of and parallel to the South line of Sunset Street for a distance of
Three Hundred (300.0) feet; thence South on a line Three Hundred
(300.0) feet East of and parallel to the East line of Pleasant View
Drive to the North line of Fonner Park Road; thence West on the
North Line of Fonner Park Road for a distance of Three Hundred
(300.0) feet to the East line of Pleasant View Drive; thence South
on a prolongation of the East line of Pleasant View Drive for a
distance of Eighty (80.0) feet; thence West on the South line of
Fonner Park Road for a distance of Sixty (60.0) feet; thence North
on a prolongation of the West line of Pleasant View Drive for a
distance of Eighty (80.0) feet to the point of beginning.
I
SECTION 3. The following street in the district shall be improved by paving and
other incidental work in connection therewith:
Pleasant view Drive from Fonner Park Road to Dodge 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 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
I
benefitted thereby as provided by law.
2
Approved. as to Fonn ~
November 23, 1994 .. City Attorney
SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the
I office of the Register of Deeds of Hall County, Nebraska.
SECTION 6. 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 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 1\0J€;rJ1l}{J\ J ~ I my.
~a//O< ~
~ RNEST L. DOBESH: Mayor
I
ATTEST:
0M
I
3
Approved as to Form ~
November 23, 1994 .. City Attorney
I
. TillS SPACE RESERVED FOR REGISTER OF DEEDS.
ORDINANCE NO. 8056
An ordinance creating Street Improvement District No. 1192; defining the
I
boundaries of the district; providing for the improvement of a street within the district by
paving, curbing, guttering, storm drainage, and other incidental work in connection therewith;
providing for filing of this ordinance with the Hall County Register of Deeds; and providing the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Street Improvement District No. 1192 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 Claude Road intersects
the South line of Old Potash Highway; thence East on the South
line of Old Potash Highway for a distance of Three Hundred
(300.0) feet; thence South on a line Three Hundred (300.0) feet
East of and parallel to the East line of Claude Road to a point on
Approved as to Fonn ..
November 23, 1994 .. City Attorney
D94\0012-004
ORDINANCE NO. 8056 (Cont)
I
the North line of U.S. Highway 30; thence Southwesterly on the
North line of U.S. Highway 30 to the East line of Claude Road;
thence Southeasterly on a line perpendicular to the North line of
U. S. Highway 30 for a distance of Eighty Five (85.0) feet; thence
Southwesterly on a line Eighty Five (85.0) feet South of and
parallel to the North line of U.S. Highway 30 to a point being a
prolongation of the West line of Claude Road, said point being
Eighty Five (85.0) feet South of the North line of U.S. Highway
30; thence Northwesterly on a prolongation of the West line of
Claude Road for a distance of Eighty Five (85.0) feet to the North
line of U.S. Highway 30; thence Southwesterly on the North line
of U.S. Highway 30 for a distance of Three Hundred (300.0) feet;
thence Northwesterly on a line Three Hundred (300.0) feet West
of and parallel to the West line of Claude Road for a distance of
One Hundred Six and Seven Hundredths (106.07) feet; thence
Northerly on a line Three Hundred (300.0) feet West of and
parallel to the West line of Claude Road for a distance of One
Hundred Seventeen and Fifteen Hundredths (117.15) feet; thence
Northeasterly on a line for a distance of One Hundred Fifty Nine
and Fifty Six Hundredths (159.56) feet to the South line of
Westgate Road; thence Northeasterly on a line to a point on the
North line of Westgate Road, said point being Ten (10.0) feet East
of the West line of Lot Twenty Three (23) Westgate Subdivision;
thence North on a line Ten (10.0) feet East of and parallel to the
West line of Lot Twenty Three (23) Westgate Subdivision to a
point One Hundred Sixty Five and Thirty Nine Hundredths
(165.39) feet South of the North line of Lot Twenty Three (23)
Westgate Subdivision; thence West on a line One Hundred Sixty
Five and Thirty Nine Hundredths (165.39) feet South of and
parallel to the North line of Lot Twenty Three Westgate
Subdivision for a distance of Ten (10.0) feet; thence North on the
West line of Lots Twenty Three (23), Twenty Five (25) and
Twenty Six (26) Westgate Subdivision, Lots One (1) and Two (2)
Westgate Third Subdivision and a prolongation thereof to a point
on the South line of Old Potash Highway; thence East on the South
line of Old Potash Highway and a prolongation thereof for a
distance of Three Hundred (300.0) feet; thence North on a
prolongation of the West line of Claude Road for a distance of
Forty (40.0) feet to a point on the North line of Section Twenty
Four (24) Township Eleven (11) Range Ten (10); thence East on
the North line of Section Twenty Four (24) Township Eleven (11)
I
I
2
Approved as to Fonn ..
November 23, 1994 . City Attorney
ORDINANCE NO. 8056 (Cont)
I
Range Ten (10) for a distance of Seventy Six (76.0) feet to the
Northerly prolongation of the East line of Claude Road; thence
South on the Northerly prolongation of the East line of Claude
Road for a distance of Thirty Three (33.0) feet to the point of
beginning.
SECTION 3. The following street in the district shall be improved by paving and
other incidental work in connection therewith:
Claude Road from Old Potash Highway to U.S. Highway 30 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 and approved by the Mayor and City Council.
SECTION 4. All improvements shall be made at public cost, but the cost thereof,
I excluding intersectinns, shall be assessed upon lbe lots and lands in lbe district specially
benefitted 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 of Hall County, Nebraska.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage, approval, and publication, without the plat, as provided by law.
I
3
Approved as to Fonn ..
November 23, 1994 .. City Attorney
ORDINANCE NO. 8056 (Cont)
I
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~~JY\U~ d ~ ) lW-.
no -d;f~~
/~. DOBESH> Mayor
ATTEST:
~~ ~r~!\;\\rwIQrJ-
indy. Cartwright, City Clerk
I
I
Approved as to Fonu ..
November 23, 1994
4
I
. THIS SPACE RESERVED FOR REGISTER OF DEEDS.
ORDINANCE NO. 8057
An ordinance to vacate the alley between Oak Street and Sycamore Street and
I
between Third Street and South Front Street; to provide for filing this ordinance in the office
of the Register of Deeds of Hall County; and to provide the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That the alley in Blocks Fifty Two (52) and Fifty Three (53),
Original Town, and through adjacent vacated Kimball Avenue be, and hereby is, vacated,
provided and conditioned, that the City of Grand Island hereby reserves all of such alley for
existing sewer, water, electric, storm drainage, gas, and other public utilities easements and all
rights and appurtenances thereto as shown on Exhibit A attached hereto and dated November 21,
1994.
I
Approved as to Form ~
November 23, 1994 .. City Attorney
G94 \0200-003
ORDINANCE NO. 8057 (Cont)
I
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. This ordinance shall be in force and take effect from and after its
passage, approval, and publication within fifteen days in one issue of the Grand Island
Independent as provided by law.
Enac:tl()1Jt11tjqfy dg) 19-9tJ
L ' 1
~//J~ /JJ2dc
.-r-ERNEST L. DOBE H, Mayor
I
I
2
Approved as to Fonn ,.
November 23, 1994 .. City Attorney
ORDINANCE NO. 8058
I
An ordinance to amend Chapter 26 of the Grand Island City Code; to amend
Section 26-26 pertaining to the Plumbers Examining Board; to amend Section 26-30 pertaining
to a quorum for the Board; to repeal Sections 26-26 and 26-30 as now existing; to provide for
publication; 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. Section 26-26 of Chapter 26 of the Grand Island City Code be and
hereby is amended to read as follows:
~26-26.
Established; Appointment; Tenn
I
There is hereby established a Plumbers Examining Board, hereinafter
referred to as the Board, to consist of seven members. The chief building official
shall be an ex -officio member of the Board and shall act as secretary thereof.
One member shall represent the board of health, one member shall be a
contracting master plumber, one member shall represent the general public, and
three members shall be either master or journeyman plumbers. Each member of
the Board shall have had at least three years experience in his or her respective
field.
The members of the Board shall be appointed by the mayor. Upon the
expiration of the terms of the individuals currently serving on the Board, the
mayor shall appoint three (3) members to serve for one (1) year and three (3)
members to serve for two (2) years. Thereafter, each member appointed shall
serve for a term of two (2) years.
SECTION 2. Section 26-30 of Chapter 26 of the Grand Island City Code be and
hereby is amended to read as follows:
I
~26-30. Quorum for Board
Four (4) members of the Board of Appeals shall constitute a quorum.
G94 \0203 -004
ORDINANCE NO. 8058 (Cont)
I
SECTION 3. Sections 26-26 and 26-30 of the Grand Island City Code as
heretofore existing, and 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.
En3Ctedl0W'JfJ-Y dX J I '1'1 ~
~o~~~
I
Attest:
~'k:f!flthw1Dk1--
Ci dy K. Cartwnght, CIty Clerk
I
2
I
ORDINANCE NO. 8059
An ordinance to amend Ordinance No. 8039, known as the Salary Ordinance which
classifies the officers and employees of the City of Grand Island, Nebraska and establishes the ranges of
compensation of such officers and employees; to change the pay grade of Senior Equipment Mechanic;
to repeal Ordinance No. 8039 and all other ordinances in conflict with this ordinance; 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 classification of officers and 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
I
for such classification, and the number of hours and work period which certain such officers and
employees shall work prior to overtime eligibility are as follows:
Classi fication Pay Bi- Weekly Pay Overtime
Grade Range Min / Max Eligibility
Accountant 29 975.23 / 1372.62 Exempt
Accounting Clerk I 9 595.38/837.23 40 hrs/week
Accounting Clerk II 13 657.23 / 924.00 40 hrs/week
Accounting Manager 37 1188.46/1671.69 Exempt
Administrative Clerk 11 624.92 / 879.23 40 hrs/week
Administrative Secretary 16 707.08/995.08 40 hrs/week
Assistant Finance Director 41 1311.69 /1845.69 Exempt
Assistant Public Works Director 43 1377.69/1938.92 Exempt
Assistant Utility Director 53 1764.00/2482.15 Exempt
Attorney 42 1344.00 /1891.85 Exempt
I Audio-Visual Technician 24 862.15 /1212.92 Exempt
G94\0002-005
ORDINANCE NO. 8059 (Cont)
I Classification Pay Bi-Weekly Pay Overtime
Grade Range Min / Max Eligibility
Building Inspections Director 45 1447.38/2037.23 Exempt
Building Inspector 28 951.69 / 1338.92 40 hrs/week
Building Permit Technician 16 707.08 /995.08 40 hrs/week
Cemetery Superintendent 30 1000.15/1406.77 Exempt
City Administrator n/a* 2076.92/3045.35 Exempt
City Attorney 53 1764.00/2482.15 Exempt
City Clerk 36 1159.38 / 1631.08 Exempt
Civil Defense Coordinator 18 743.08 / 1045.38 40 hrs/week
Civil Engineer I 31 1024.62 / 1411.85 Exempt
Civil Engineer II 37 1188.46/ 1671.69 Exempt
Communications & Civil Defense Director 45 1447.38/2037.23 Exempt
I Communications Supervisor 22 820.62 / 1154.31 Exempt
Community Development Director 41 1311.69 / 1845.69 Exempt
Community Development Technician 20 780.46 / 1098.46 40 hrs/week
Computer Operator 12 640.62 / 901.38 40 hrs/week
Computer Programmer 23 841.38 / 1183.38 40 hrs/week
Custodian 8 581.08/816.92 40 hrs/week
Customer Service Clerk 13 657.23 / 924.00 40 hrs/week
Data Processing Manager 42 1344.00 / 1891.85 Exempt
Data Processing Supervisor 29 975.23 / 1372.62 Exempt
Deputy Fire Chief 43 1377.69 / 1938.92 Exempt
Deputy Police Chief 44 1412.31 / 1987.38 Exempt
Downtown Development Director 41 1311.69/1845.69 Exempt
Electric Distribution Crew Chief 35 1130.77 / 1591.38 40 hrs/week
Electric Distribution Superintendent 47 1520.77/2140.15 Exempt
Electric Distribution Supervisor 40 1279.38 / 1800.46 40 hrs/week
I Electric Underground & Substation Supt. 43 1377 .69 / 1938.92 Exempt
Electric Underground & Substation Supv. 37 1188.46/ 1671.69 40 hrs/week
Page 2
ORDINANCE NO. 8059 (Cont)
I Classification Pay Bi- Weekly Pay Overtime
Grade Range Min / Max Eligibility
Electrical Engineer I 33 1076.31 / 1514.77 Exempt
Electrical Engineer II 39 1248.46 / 1756.62 Exempt
Electrical Inspector 28 951.69 / 1338.92 40 hrs/week
Engineering Technician I 17 725.08 / 1020.00 40 hrs/week
Engineering Technician II 25 883.38 / 1243.38 40 hrs/week
Engineering Technician Supervisor 34 1103.08 / 1552.62 Exempt
Equipment Mechanic 18 743.08 / 1045.38 40 hrs/week
Equipment Mechanic - Streets 19 761.54/ 1071.69 40 hrs/week
Equipment Operator 14 672.92 /947.08 40 hrs/week
Equipment Operator - Streets 16 707.08/995.08 40 hrs/week
Finance Director 53 1764.00 / 2482.15 Exempt
I Fire Captain 33 1076.30/ 1514.76 212 hrs/28 days
Fire Chief 50 1638.46 / 2304.92 Exempt
Fire Fighter/EMT 23 841.38 / 1183.38 212 hrs/28 days
Fire Fighter/Paramedic 29 975.22 / 1372.61 212 hrs/28 days
Fire Lieutenant 29 975.22 / 1372.61 212 hrs/28 days
Fire Marshall 40 1279.38 / 1800.46 Exempt
Fire Training Officer 40 1279.38 / 1800.46 Exempt
Fleet Maintenance Technician 12 640.62 / 901.38 40 hrs/week
Fleet Maintenance Technician - Streets 12 640.62 / 901.38 40 hrs/week
Garage Attendant 8 581.08/816.92 40 hrs/week
Garage Attendant - Streets 9 595.38/837.23 40 hrs/week
Garage Superintendent 32 1050.46/ 1477.85 Exempt
Golf Course Superintendent 33* 1076.31 / 1514.77 Exempt
Grounds Management Crew Chief 23 841.38 / 1183.38 40 hrs/week
Horticulturist 13 657.23 / 924.00 40 hrs/week
I Instrument Technician 33 1076.31 / 1514.77 40 hrs/week
Legal Assistant 27 928.15 / 1306.15 40 hrs/week
Page 3
ORDINANCE NO. 8059 (Cont)
I Classification Pay Bi- Weekly Pay Overtime
Grade Range Min / Max Eligibility
Legal Secretary 23 841.38 / 1183.38 40 hrs/week
Librarian 25 883.38 / 1243.38 Exempt
Library Assistant 10 610.15 / 858.00 40 hrs/week
Library Director 44 1412.31 / 1987.38 Exempt
Library Services Supervisor 34 1103.08 / 1552.62 Exempt
Lineman Apprentice 21* 800.31 / 1126.15 40 hrs/week
Lineman First Class 33 1076.31 / 1514.77 40 hrs/week
Lineman Second Class 25 883.38 / 1243.38 40 hrs/week
Maintenance Mechanic I 12 640.62 / 901.38 40 hrs/week
Maintenance Mechanic II 20 780.46 / 1098.46 40 hrs/week
Maintenance Worker I 9 595.38/837.23 40 hrs/week
I Maintenance Worker I - Streets 7 566.77/797.08 40 hrs/week
Maintenance Worker II 11 642.92 / 879.23 40 hrs/week
Maintenance Worker II - Streets 11 642.92/879.23 40 hrs/week
Materials Handler 27 928.15 / 1306.15 40 hrs/week
Meter Reader 9 595.38/837.23 40 hrs/week
Meter Reading Supervisor 23 841.38/ 1183.38 Exempt
Meter Technician 16 707.08/995.08 40 hrs/week
Paramedic Supervisor 40 1279.38/ 1800.46 Exempt
Parks and Recreation Assistant 12 640.62 / 901.38 40 hrs/week
Parks and Recreation Director 47 1520.77 / 2140.15 Exempt
Parks Maintenance Superintendent 32 1050.46/ 1477.85 Exempt
Personnel Director 44 1412.31 / 1987.38 Exempt
Personnel Technician 16 707.08/995.08 40 hrs/week
Planning Director 49 1598.31 /2248.62 Exempt
Planning Secretary 6 552.92 / 777 .69 40 hrs/week
I Planning Technician 18 743.08 / 1045.38 40 hrs/week
Plumbing Inspector 28 951.69 / 1338.92 40 hrs/week
Page 4
ORDINANCE NO. 8059 (Cont)
I Classification Pay Bi-Weekly Pay Overtime
Grade Range Min 1 Max Eligibility
Police Captain 37 1188.46/1671.69 40 hrs/week
Police Chief 50 1638.46 1 2304.92 Exempt
Police Officer 26 906.001 1274.31 40 hrs/week
Police Records Clerk 11 624.92 1 879.23 40 hrs/week
Police Sergeant 31 1024.62 1 1441.85 40 hrs/week
Power Dispatcher 28 951.69 1 1338.92 40 hrs/week
Power Plant Maintenance Mechanic I 21* 800.31 1 1126.15 40 hrs/week
Power Plant Maintenance Mechanic II 33 1076.31/1514.77 40 hrs/week
Power Plant Maintenance Supervisor 39 1248.46/1756.62 Exempt
Power Plant Operations Supervisor 41 1311.69 11845.69 Exempt
Power Plant Operator I 21* 800.31/1126.15 40 hrs/week
I Power Plant Operator II 33 1076.31 11514.77 40 hrs/week
Power Plant Superintendent - Burdick 41 1311.69/1845.69 Exempt
Power Plant Superintendent - PGS 46 1484.31 12088.00 Exempt
Public Information Officer 21 800.31 11126.15 Exempt
Public Works Director 53 1764.00/2482.15 Exempt
Purchasing Agent 33 1076.31/1514.77 Exempt
Purchasing Technician 16 707.08/995.08 40 hrs/week
Recreation Superintendent 31 1024.62 1 1441.85 Exempt
Senior Accounting Clerk 16 707.08 1995.08 40 hrs/week
Senior Administrative Secretary 24 862.15 1 1212.92 40 hrs/week
Senior Civil Engineer 42 1344.00/1891.85 Exempt
Senior Electrical Engineer 42 1344.001 1891.85 Exempt
Senior Engineering Technician 29 975.23 1 1372.62 40 hrs/week
Senior Equipment Mechanic 24 862.15 / 1212.92 40 hrs/week
Senior Equipment Operator 20 780.461 1098.46 40 hrs/week
I Senior Equipment Operator - Streets 19 761.54 / 1071.69 40 hrs/week
Senior Library Assistant 14 672.92 1947.08 40 hrs/week
Page 5
ORDINANCE NO. 8059 (Cont)
I Classification Pay Bi-Weekly Pay Overtime
Grade Range Min / Max Eligibility
Senior Maintenance Worker 19 761.54/ 1071.69 40 hrs/week
Senior Maintenance Worker - Streets 19 761.54 / 1071.69 40 hrs/week
Senior Materials Handler 33 1076.31 / 1514.77 40 hrs/week
Senior Meter Reader 12* 640.62 / 901.38 40 hrs/week
Senior Power Dispatcher 34 1103.08 / 1552.62 40 hrs/week
Senior Power Plant Operator 35 1130.77 / 1591.38 40 hrs/week
Senior Substation Technician 34 1103.08 / 1552.62 40 hrs/week
Senior Utilities Operator 35 1130.77 / 1591.38 40 hrs/week
Senior Water Maintenance Worker 21 800.31 / 1126.51 40 hrs/week
Solid Waste Superintendent 34 1103.08 / 1552.62 Exempt
Solid Waste Supervisor 25 883.38 / 1243.38 40 hrs/week
I Street Superintendent 34* 1103.08 / 1552.62 Exempt
Street Supervisor 25 883.38/ 1243.38 40 hrs/week
Substation Technician 29 975.23 / 1372.62 40 hrs/week
Systems Technician - Finance 19 761.54/ 1071.69 40 hrs/week
Systems Technician - Utility 33 1076.31 / 1514.77 40 hrs/week
Telecommunicator/EMD 16 707.08/995.08 40 hrs/week
Tree Trim Crew Chief 32 1050.46/ 1477.85 40 hrs/week
Turf Management Specialist 29 975.23 / 1372.62 40 hrs/week
Utilities Electrician 31 1024.62 / 1441.85 40 hrs/week
Utilities Operator 24* 862.15 / 1212.92 40 hrs/week
Utilities Production Superintendent 50 1638.46 / 2304.92 Exempt
Utility Director 59 2045.08/2878.15 Exempt
Utility Services Manager 37 1188.46/ 1671.69 Exempt
Utility Technician 36 1159.38 / 1631.08 40 hrs/week
Utility Warehouse Clerk 16 707.08/995.08 40 hrs/week
I Utility Warehouse Supervisor 27 928.15 / 1306.15 40 hrs/week
Wastewater Engineering/Operations Supt 42 1344.00/ 1891.85 Exempt
Page 6
I
I
I
ORDINANCE NO. 8059 (Cont)
Classification Pay Bi-Weekly Pay Overtime
Grade Range Min / Max Eligibility
Wastewater Plant Filter Operator 14 672.92 / 947.08 40 hrs/week
Wastewater Plant Maintenance Supervisor 27 928.15 1 1306.15 40 hrs/week
Wastewater Plant Operator I 9 595.38/837.23 40 hrs/week
Wastewater Plant Operator II 14 672.92 1947.08 40 hrs/week
Wastewater Plant Process Supervisor 28 951.69 1 1338.92 40 hrs/week
Wastewater Plant Senior Operator 18 743.08 1 1045.38 40 hrs/week
Water Maintenance Worker I 11 624.92 1 879.23 40 hrs/week
Water Maintenance Worker II 14 672.92 1 947.08 40 hrs/week
Water Superintendent 33 1076.31 1 1514.77 Exempt
Water Supervisor 28 951.69 1 1338.92 40 hrs/week
Wireman I 25 883.38 11243.38 40 hrs/week
Wireman II 33 1076.31 11514.77 40 hrs/week
WorkerlSeasonal n/a* 340.00 1 882.46 Exempt
Worker ITemporary n/a* 340.00 1 400.00 40/7
* Pay Schedule Variations
SECTION 2. The classification of officers and 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 officers and employees shall work prior to overtime eligibility are as stated above.
All full-time fire fighters, police officers, and ambulance attendants shall be paid a clothing and uniform
allowance in addition to regular salary. The range of this allowance is $55 to $76 per month. Full-time
police officers may also receive a reimbursement toward the purchase of body armor, not to exceed $240.
Full-time fire fighters may receive a one-time uniform acquisition allowance of $500. If any such fire
fighter, police officer, or ambulance attendant shall resign, or his or her employment be terminated for
Page 7
I
I
I
ORDINANCE NO. 8059 (Cont)
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 in 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. 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 $6 per week. Public Works Department personnel in the job classifications
Senior Equipment Mechanic, Garage Superintendent, and Equipment Mechanic shall receive a tool
allowance of $5 per week.
Parking Monitors shall receive a one-time uniform acquisition allowance of $250 upon
employment and an annual allowance thereafter of $100.
SECTION 3. Employees shall be compensated for unused sick leave as follows:
a. The City will include in the second paycheck in January of each year payment for
an employee's unused sick leave in excess of 120 days 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 120 days
accrual of the preceding year.
b. All employees except those covered in the police department and fire department
bargaining agreements shall be paid for one-half of their accumulated sick leave at the time of
Page 8
ORDINANCE NO. 8059 (Cont)
I
their retirement, the rate of compensation to be based on 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 4. 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.
I
SECTION 5. 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 6. Ordinance No. 8039 and all other ordinances and parts of ordinances in conflict
herewith, be, and the same are, hereby repealed.
SECTION 7. The salary ranges set forth in this ordinance shall be effective for the pay of City
employees as of the first day of the bi-weekly pay period beginning December 12, 1994.
SECTION 8. This ordinance shall be in full force and take effect from and after its passage and
publication in pamphlet form by the City Clerk.
Enacted~ubzy ,5" , 1994.
I ATIESTtu ' K WtI'Mycr
Cin~ Cartwright, City Clerk
Page 9
ORDINANCE NO. 8060
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An ordinance rezoning a certain tract of land within the zoning jurisdiction
of the City of Grand Island; changing the land use district of a certain tract of land
comprising a part of the Northeast Quarter of the Southeast Quarter (NE1f4 SE1f4) of
Section Thirteen (13), Township Eleven (11) North, Range Ten (10) West of the 6th P.M.,
in Hall County, Nebraska, more particularly described as follows:
Commencing at the point of the Northeast comer south a distance of Two
Hundred Ninety Eight and Seven Tenths (298.70) feet to the Southeast
Comer of the Northeast Quarter of the Southeast Quarter (NE1f4 SE1f4);
thence West for a distance of Two Hundred Ninety (290.0) feet running
thence North for a distance of Two Hundred Ninety Eight and Seven Tenths
(298.70) feet running thence East for a distance of Two Hundred Ninety
(290.0) feet, to the place of beginning;
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from TA-Transitional Agriculture Zone to Bl-Light Business Zone; directing that such
zoning change and classification be shown on the official zoning map of the City of Grand
Island; amending the provisions of Section 36-7 of the Grand Island City Code to conform
to such reclassification;
WHEREAS, the Regional Planning Commission on November 30, 1994, held
a public hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 79-4,151, R.R.S. 1943, has been
given to the Board of Education of School District No.2 in Hall County, Nebraska; and
WHEREAS, after public hearing on November 30, 1994, the City Council
found and determined that the change in zoning be approved and granted.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
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GRAND ISLAND, NEBRASKA:
G94\0202-006
ORDINANCE NO. 8060 (Cont)
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SECTION 1. That the above-described tract of land be rezoned and
reclassified and changed from TA-Transitional Agriculture Zone to Bl-Light Business Zone
classification.
SECTION 2. That the official zoning map of the City of Grand Island,
Nebraska, be, and the same is, hereby o.rdered to be changed, amended, and completed in
accordance with this ordinance.
SECTION 3. That the findings and recommendations of the Regional
Planning Commission and the City Council of the City of Grand Island are hereby accepted,
adopted, and made a part of this ordinance.
SECTION 4. That Section 36-7 of the Grand Island City Code and all
I ordinances and parts of ordinances in conflict herewith are hereby amended to reclassiJY the
above-described area as herein ordered and determined.
SECTION 5. That this ordinance shall be in force and take effect from and
after its passage and publication within fifteen days in one issue of the Grand Island
Independent as provided by law.
Enacre~ / Cft /9'1<(
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GNADT, Mayor
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ORDINANCE NO. 8061
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An ordinance to amend Chapter 8 of the Grand Island City Code; to amend
Section 8-104 pertaining to fire protection; to repeal Section 8-104 as now existing; to provide
for publication; 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. Section 8-104 of Chapter 8 of the Grand Island City Code be and
hereby is amended to read as follows:
~8-104.
General
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1. All buildings or portions thereof shall be provided with the degree of fire-resistive
construction as required by the Building Code for the appropriate occupancy, type of
construction and location on property; and shall be provided with the appropriate fire-
extinguishing systems or equipment required by Chapter 38 of the Building Code.
2. Smoke detector; number; location; operation. Smoke detectors shall be mounted
in accordance with the rules and regulations regarding the number and location of smoke
detectors in accordance with the Building Code. When activated, the detector shall provide an
alarm in the dwelling unit, guest room, dormitory, or mobile home.
3. Smoke detector; rental property,' responsibility for installing, maintaining.
a. Except as provided in subsection (b) of this subsection, the owner of every
apartment house, dwelling, hotel, lodging house, dormitory, or mobile home or the
owner's authorized agent shall be required to supply, install, maintain, and test the smoke
detectors.
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b. In the case of a dwelling unit, guest room, hotel room, or mobile home
which is being occupied for one month or more by the same occupant, it shall be the
responsibility of such occupant to perform the tests on the smoke detector as are
recommended by the manufacturer's instructions and immediately notify, in writing, the
owner or authorized agent of any deficiencies. The owner of the dwelling, apartment
house, lodging house, hotel, or mobile home shall provide a notice to such occupant
containing instructions for the testing of the device. For purposes of this subsection,
deficiencies shall not include a worn battery or other replaceable energy unit. The
occupant shall be responsible for replacement of the battery or unit, except that such
G94\0003-006
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ORDINANCE NO. 8061 (Cont)
battery or unit shall be in operating condition at the time the occupant takes possession.
The owner or authorized agent shall correct any reported deficiencies in the smoke
detector and shall not be in violation of this section for a deficient smoke detector when
he or she has not received notice of the deficiency.
c. In buildings constructed prior to January 1, 1982, smoke detectors shall
not be required to be attached to a centralized power source.
d. Subsection 3 of Section 8-104 shall apply solely to rental property.
SECTION 2. Section 8-104 of the Grand Island City Code as heretofore existing,
and 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
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provided by law, and as of June 30,
Enacted /JRlifi.1Wl
1995.
J q I Jqq.~
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Ken Gnadt, Mayor
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