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1977 Ordinances I , . ~ 0: ~ ('") r- 0, (]) ~\i U:. <( ~ t- o. W ~ Q Cl W ..J Cl <( <!) 0- W <C ..J . ORDINANCE NO. 6073 An ordinance assessing and levying a special tax to pay the cost of construction of Street Improvement District No. 831 of the City of Grand Island, Nebraska; providing for the collection of such special tax; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 831, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: NAME LOT BLK ADDITION AMOUNT Commercial National Bank & Trust Company of Grand Island The east 132.0 feet of a tract of land in the SE-l/4 SE-l/4, Sec. 21-11-9, described as follows: Beginning at a point 187.0 feet south of the SE corner of Block 16 of Pleasant Home Subdivision; thence west 264.0 feet; thence south 154.0 feet; thence east 264.0 feet; thence north 154.0 feet to the point of beginning Kenneth L. Wortman The east 130.5 feet of a tract of land in the SE-l/4 SE-l/4, Sec. 21-11-9, described as follows: Beginning at a point 506.5 feet south of the SE corner of Pleasant Home Subdivision, said point being 33 feet west of the east line of said Section 21; thence west 261.0 feet; thence south 200.0 feet; thence east 261.0 feet; thence north 200.0 feet to the point of beginning Howard S. Hinman Part of SE-l/4, SE-l/4, Sec. 21-11-9, described as follows: Beginning at a point 231.0 feet west of the SE corner of Section 21-11-9; thence north 165.0 feet; - thence west 66.0 feet; thence south 165.0 feet; thence east 66.0 feet to the point of beginning, except the south 33.0 feet being used as a public road Champlin Petroleum Company S-1/2 of E-l/2, Block 9, Pleasant Home Subdivision, except that portion deeded for additional R.O.W. James D. and N. Theodora Kirkpatrick N-l/2 of E-l/2, Block 9, Pleasant Home Subdivision, except a triangular tract deeded for additional R.O.W. Minnetonka & Dakota, Inc. E 132', Block 16, Pleasant Home Subdivision, except a small tract deeded for additional R.O.W. K.-W.-M. Company The east 132.0 feet of a tract of land in the SE-l!4 SE-l/4, Sec. 21-11-9, described as follows: Beginning at a point 52.0 feet south of the SE corner of Block 16, Pleasant Home Subdivision, thence south . 135.0 feet; thence west 160.0 feet; thence north 25.0 feet; thence west 104.0 feet; thence north 110.0 feet; thence east 264.0 feet to the point of beginning, except a small tract deeded for additional R.O.W. Mark J. Schuele Part of SE-l/4 SE-l/4, Sec. 21-11-9, beginning at a point 33 feet north and 165 feet west of the SE corner of said Section; thence north 132.0 feet; thence west 66.0 feet; thence south 132.0 feet; thence east 66.0 feet to the point of beginning Harry G. and Hazel L. Schm~~ Part of SE-l/4 SE-l/4, Sec. 21-11-9, beginning at a point 78 feet west of and 33 feet north of the SE corner of said Sec. 21; thence north 66 feet; thence west 87 feet; thence south 66 feet; thence east 87 feet to the point of beginnning $ 342.70 $4,495.34 287.16 3,162.34 ~,094.63 6,331. 50 0.00 617.58 1,209.28 - 1 - APPROVE' Offico of City Attorney JAN 5 1977 tV ORDINANCE NO. 6073 (Cont'd) ~ LOT ~ ADDITION . John A. and Doris Preisendorf Part of SE-l/4 SE-l/4, Sec. 21-11-9, beginning at the SE Corner of Block 16, Pleasant Home Subdivision; thence west 132 feet; thence south 52 feet; thence east 132 feet; thence north 52 feet to the point of beginning Orville W. and Helen C. Levander The east 132 feet of a tract of land in the SE-l/4 SE-l/4, 21-11-9, described as follows: Beginning at a point 341 feet south of the SE corner of Block 16, Pleasant Home Subdivision and 33' west of the east line of said Section 21; thence South 165.5 feet; thence west 264.0 feet; thence north 165.5 feet; thence east 165.5 feet to the point of beginning Mark Schuele The east 130.5 feet of a tract of land in SE-l/4 SE-l/4, Sec. 21-11-9, described as follows: Beginning at a point 707.5 feet south of the SE corner of PleasrJ,nt Home Subdivision and 33 feet west of the east line of Section 21; thence west 261 feet; thence south 134 feet; thence east 261 feet; thence north 134 feet to the point of beginning Calvin R. and Ilene V. Ball Part of SE-l/4 SE-l/4, Sec. 21-11-9, beginning at a point 297 feet west of SE corner of said Section 21; thence north 165 feet; thence west 66 feet; thence south 165 feet; thence east 66 feet to the point of beginning, except the N 60.6' of the west 21' and except the south 33' being used as a public road Harry and Hazel L. Schmidt Part of the SE-l/4 SE-l/4, Sec. 21-11-9, beginning at a point 33' west and 99' north of the SE corner of Section 21; thence north 66 feet; thence west 132 feet; thence south 66 feet; thence east 132 feet; to the point of beginning, except the portion thereof deeded for Additional R.O.W. Rudolf C. and Ze11a F. Plate The east 295.5 feet of a tract of land in the SE-l/4 SE-l/4, Section 21-11-9, described as follows: Beginning at a point 273.1 feet north of the SE corner of Section 21; thence north 118.4 feet; thence west 654 feet; thence south 118.4 feet; thence east 654.0 feet to the point of beginning except the east 33 feet being used as public road Harry G. and Hazel L. Schmidt The east 300 feet of a tract of land in the SE-l/4 SE-l/4, Sec. 21-11-9, described as follows: Beginning at a point 10 rods north of the SE corner of said Sec. 21; thence north 108.1 feet; thence west 654.0 feet; thence south 107.7 feet; thence east 654.0 'feet to the point of beginning except the portion deeded for Street R.O.W. Otto E., Jr. and Eugenia Zlomke The east 163.5 feet of a tract of land in the SE-l/4 SE-l/4, Sec. 21-11-9, described as follows: Beginning at a point 840.5 feet south of the SE corner of Pleasant Home Subdivision and 132.0 feet west of the west line of Locust Street; thence west 522.0 feet; thence south 66.0 feet; thence east 522.0 feet; thence north 66.0 feet to the point of beginning Otto E., Jr. and Eugenia Zlomke Part of SE-l/4 SE-I/4, Sec. 21-11-9, beginning at a point 840.5 feet south of the SE corner of Block 16, Pleasant Home Subdivision; thence west 132.0 feet; thence south 66.0 feet; thence east 132.0 feet; thence north 66.0 feet to the point of beginning E. M. S. Sambo's Investment Company Lot 1, Fonner Subdivision Fred M. and Donna M. Janisch LotI, Janisch Subdivision Fred M. and Donna M. Janisch (Except E 20 r) Lot 2, Bernard and Thelma Shovlain W. 300' Lot 5, Fonner 2nd Subdivision Emma Fonner Corey and Joe J. Corey w. 300 r Lot 6, " " Texaco, Inc. Lot 1, Roepke Subdivision Texaco, Inc. The south 115' of the west 143' of that part of Lot 2 lying north of Lot 1, Roepke Subdivision Roger L. and Rosemary A. Roepke Except the south 11.5' of the W. 143' of that part lying north of Lot 1 Lot 2, Roepke Subdivision - 2 - . AMOUNT $1,177.11 3,739.58 3,009.63 120.74 1,399.14 3,310.44 3,020.44 351.32 1,494.03 3,908.21 3,126.57 1,921.64 5,592.58 . 11,197.68 3,268.60 269.02 1,988.92 . . ORDINANCE NO. 6073 (Cont'd) NAME 1m: .lli! ADDITION AMOUNT Emma Fonner Corey and Joe J. Corey Part of NW-l/4 SW-l/4, Sec. 22-11-9, described as follows: Beginning at the N.W. corner of Lot 1 Fonner 2nd Subdivision; thence north 319 feet; thence east 300' along the south line of Janisch Subdivision; thence south 319'; thence west 300' to the poiht of beginning, except that part deeded to the City for additional R.O.W. Gerald E. and Sharon T. Manning The south 71.4' of' the east 15' of a tract of land in the SE-l/4 SE-l/4, Sec. 21-11-9, described as follows: Beginning at a point 363' west of the SE corner Of Sec. 21; thence north 165'; thence west 66'; thence south 165'; thence east 66' to the point of beginning except the south 33' being used for public road R.O.W. $8.928.40 $11.09 SECTION 2. The special tax shall become delinquent as follows: One-tenth shall become delinquent in fifty days from date of this levy; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; One-tenth in six years; one-tenth in seven years; one- tenth in eight years; one-tenth in nine years; provided, however, the entire amount so assessed and levied against each lot or tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each such installment, except the first, shall draw interest at the rate of seven per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving Fund" tor Street Improvement District No. 831. 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. JAN 1- 0 1977 -. Enacted ,~ resident of the Council ATTEST: g'~ ~~ /' City Clerk - 3 - .~ . . ORDINANCE NO. 6074 An ordinance assessing and levying a special tax to pay the cost of construction of Street Improvement District No. 868 of the City of Grand Island, Nebraska; providing for the collection of such special tax; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 868, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: ~ LOT BLK ADDITION AMOUNT Roger D. Christensen 42 Belmont Addition $841.44 Terry Jens and Susan Marie Christensen 43 " 841.44 Warren T. and TheL~a J. Gunn 44 " " 841.44 Warren T. and Thelma J. Gunn 45 " 841.44 Christ, Tamson 46 " 841.1,4 Isaac and Genevieve Ford 47 " " 841.44 Isaac and Genevieve Ford 48 " " 821. 88 Benny E. and Sharon K. Rhoads 61 " 821.88 Benny E. and Sharon K. Rhoads N.38' 62 " 743 . 60 Leonard J. Jr. and Patricia W. Grudzinski S. .4' . 62 78.27 Leonard J. Jr. and Patricia W. Grudzinski N.41' 63 " 802.30 Cecil D. and Mabel L. Jennings S. 2' 63 " " 39.14 Cecil D. and J>iabel L. Jennings 64 " 783.98 Cecil D. and Habel L. Jennings 6$ 766.57 Gladys Bowers 66 " " 766.57 Gladys Bowers 67 " " 766.57 SECTION 2. The special tax shall become delinquent as follows: One-tenth shall become delinquent in fifty days from date of this levy; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six years; one-tenth in seven years; one- tenth in eight years; one-tenth in nine years; provided, however, the entire amount so assessed and levied against each lot or tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each such installment, except the first, shall draw interest at the rate of seven per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving Fund" for Street Improvement District No. 868. 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. DEe 1 ~ 197G .-. Enacted ;!/Jf~~/ ~ City Clerk . . ORDINANCE NO. 6075 An ordinance assessing and levying a special tax to pay the cost of construction of Street Improvement District No. 870 of the City of Grand Island, Nebraska; providing for the collection of such special tux; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 870, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: NAME LOT BLK ADDITION AMOUNT Gordon D. Francis 49 Belmont Addition $788.10 Gordon D. Francis 50 788.10 Gordon D. Francis 51 " " 788.10 -, Gordon D. Francis 52 " 788.10 u:. Gordon D. Francis 53 " 788.10 <( Gordon D. Francis 54 " 750.57 0.. w Charles S. and Mamie p. Martin 55 " " 750.57 u Cl Charles S. and Mamie p. Martin 56 " " 788.10 w ...J 0 <:( Bill G. and Dorothy Irvine 57 " 788.10 c..? Bill G. and Dorothy Irvine 58 " 788.10 w ...J Thelma J. Brewer W.l/2 59 262.70 Thelma J. Brewer W.l/2 60 " 262.70 Earl M. and Violet Roseberry E.l/2 59 525.40 Earl M. and Violet Roseberry E.l/2 66 " " 525.41 SECTION 2. The special tax shall become delinquent as follows: One-tenth shall become delinquent in fifty days from date of this levy; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six years; one-tenth in seven years; one- tenth in eight years; one-tenth in nine years; provided, however, the entire amount so assessed and levied against each lot or tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each such installment, except the first, shall draw interest at the rate of seven per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving Fund" for Street Improvement District No. 870. SECTION 5. Any provision of the Grand Island CityCode, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. Enacted DEe 1 3 1976 ATTEST: ~ t?~ ~~L/ . ORDINANCE NO. 6076 An ordinance assessing and levying a special tax to ~\Y the cost of construction of Street Improvement District No. 891 of the City of Grand Island, Nebraska; providing for the collection of such special tax; herewith. and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 891, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after due notice having been given thereof as provided by and lands, as follows: law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, NAME Warren B. and Theresa M. Garrett Warren B. and Theresa M. Garrett Warren B. and Theresa M. Garrett Warren B. and Theresa M. Garrett Warren B. and Theresa M. Garrett Warren B. and Theresa M. Garrett Warren B. and Theresa M. Garrett Warren B. and Theresa M. Garrett E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judi th A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. wolfe E. Dean and Judith A. l-lolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. .Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe James C. and Maxine D.. Fletcher Paul C. Hus ton Martin J. and Kathryn L. Kelley Wendell T. and Judith A. Bottorf Michael A. and Carla M. Mitchell Michael A. and Carla M. Mitchell Leon O. and Alice M. Wilsey Wilbur F. and Kathryn G. Stauss Ronald J. and Janet E. Smith Estate of John Kallos, % Christ LOT BLK ADDITION N.300' N.300' N.300' N. 300 , N.300' N.300' N.300' N.300' s. 50' 12 13 14 15 16 17 18 19 13 14 15 16 17 18 19 46 47 48 49 50 51 52 56 57 58 59 60 61 62 63 64 25 26 27 28 29 30 31 32 33 Warren Subdivision $2,792.49 /I /I 1,677.17 " 1,677-17 It 1,677-17 If 2,012.60 " 1,677-17 1,677.17 2,574.46 46.62 105.16 214.00 422.4./:) 1,057.12 1,197.90 580.74 354.26 1,272.7T 422.48 1,057.12 1,057.62 422.48 209.46 38.43 227. 19 422.48 1,057.12 1,057.12 422.48 214.01 105.16 46.13 West Heights Addition 612.70 /I 612. TO 612.70 612.70 612.70 612.70 612.70 612.70 612.70 /I /I /I Wolfe's /I /I /I /I /I /I /I /I /I /I /I /I " " Kallos, The S.300' of a tract described as beginning at the Northeast corner of S.w.-l/4, Section 17-11-9, thence s.640', thence W.1370' to the actual point of beginning, thence continuing W.352.5', thence 8.680', thence E.352.5', thence N. 680' to the point of beginning ~_~"___~~.__. . 8.100' S. 50' I ~$~FORM O~C I I. LEGAL DEPAF AMOUNT " " " " " " " " " " " " " " " " " " " " tl tl " tl 5,408.88 . . ORDINANCE NO. 6076 (Con't) SECTION 2. The special tax shall become delinquent as follows: One-tenth shall become delinquent in fifty days from date of this levy; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six years; one-tenth in seven years; one- tenth in eight years; one-tenth in nine years; provided, however, the entire amount so assessed and levied against each lot or tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each such installment, except the first, shall draw interest at the rate of seven per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving Fund" for Street Improvement District No. 891. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. Enacted DEe 13 j:J1(:; ATTEST:~fi ~../ 4?A~ - 2 - . . "'-- r-. <:n C:IDI."1FJrCE NO. 6077 An ordinance directing and authorizing the conveyance of part of the West Ealf of the Southeast Quarter of the Southwest Quarter (W~Etswt), Section Two (2), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall COtUlty, Nebraska, for use by the Airport Authority; providing for the giving of n~tice 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 'fHE MAYOR AND COUKCIL OF THE CITY OF GRAND ISLAND, NEBrtASKA: SECTION 1. The conveyance to Hall County, Nebraska, of the following described property: The West Half of the So~theast Quarter of the Southwest Cuarter (W~BEt3Wt)2 excep~ the south one hundred fOTty-t'.::) 2nd five-tenths (142.5) :"eet, OT h3.h34 :TA~erS, of Se-::tiw 1\ro (2), 'fo',rllship Eleven (ll) North, Range Nine (9) ;.Jest 8f tt,: 6th ? ,1., ::2.11 Cc.mty, Nebraska, containinG 17.8L acres, 8r 7.220 hec~ares, ~8re or less, as shown on the attached plat dated 6/22/77 marked Exhibit "A" attached hereto and inc8rpore.ted herein by reference, is hereby authorized and directed, for so long as the above described premises, with appurtenances thereto, are and continue to be used for co~~ty airport or regional airport purposes, operated by an airp~rt a~thority; provided, that the southerly 300 feet of the above described property shall, ~pcn recrlcst by the sta:e Department of Roads, be transferred to the State of Nebraska fOr highway right-cf-way purpcses, and t~at the consideration for such conveyance shall be the token amount of One Dollar ($1.00). SECTION 2. 1~e consideration for s~ch conveyance shall be Three Thousani :ive E~ndre~ Sixty-eight Dollars ($3,568.00); conveyance of the real estate above describes at11 be by quitclaim desd, upan deJ_ivery I- l5 of the consideration, and the City of :::;ralld Island shall not oe required 'Co f'-1rr.ish 8.-'1 abs~ract :)f title. :2: Ii: SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be pu-::>lishe:l for c.:( fb three consecutive .leeks in the Grand Island Daily Independent, a nevspaper published :'or gsneral cir,"~lation o -' c.:( " w -' in the City of Grand Island. Immediately after the passage and publication of this ordinance, t~e ci'Cy 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 tc file a remonstrance against the conveyance of such within described real estate; and if a re:nonstrance against such conveyance signed by legal electors of the City of Grand Isla'1d equal in number to thirty per cent of the electors of the City of Grand Island voting at the last regular IDlUlicipal election held in such ,:ity te filed with the city council within thirty days of passage and publication of such ordinance, said prop,=rty shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of 3aid real estate is hereby authorized, directed, and confirmed; end if no remonstrance be filed against such conveyance, the mayor a'1d city clerk shall make, execute, and deliver to Hall County, Nebraska, a quitclaim deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City council. SECTION 6. The city clerk is hereby directed to mail a coy of this ordinance to the state Jepartment of Roads. SEc'rION 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 Daily Independent, as provided by law. Enacted JUL 11 197.7 ~ ()~ esident of the Cour.c il ATTEST:~/~/~ ~City Clerk - ._i t:: 0 "- '" W '" W "- 0 '" - ~ - _<t. it <-) ~ C - ~ ....J . ~~. Z::- I- 9-~ - ~ffi <{ i?S m L?W f2 z II - ~~ = ::c ~ -j ; X (:: .-J w 0.. -' ' l.JJ u 0' U1 .. ,Ii ...I U .. (/) ~ /I ~ .J .. v <Il III S. \i. 6 u ~ ~ cO ..J \ ~ en ;i .. s: ~ "i g .. .,. ~ 0.- ~ " ' v "W eZlOOZ " ~"9S9 .,. ~ ~ >- z '&:. tr: 1 :0; :::E '" 8 J;; .; ;;: A ~ ~ ~ t;) .. :::>Z>- '" ~ ~ !!! n:gt- ~ A t- n: 0 ZW ....-0.. .) (/)...JO ~'I.L.a:: 0 l.L.Oo.. ~ . ~-- ~ ~ ()...! !--- :9- -:) ~ o ~ -) f ., en I ~d:S f2~ V>v>w a::fr~ &:5~ D..<r ~w.-J a::~~ LAJ_~ ~5u - - I N Z o ti LiJ (f) Q Z S (/) ':f,.. 0' u.- 1-- " .Vi z.o6,B<;, ~C;i,'" 'w(/) ~ ,0 5 'ti ~ :d. '-I~ ~ l ~ ,:t. I ..,.. r::: , 'Z' %i. : +,'l'I ?~8C;> 1- -- .A 16 '0:. i -.",.- ~ . . , -... .:...:.t Q Z \ <( 0:: (!) ~ I.L. ()... 0 ~ >- .... ~ u a 0 "W II 1 I . ::E t: o u... . I L f'-- r- 0') - ORDINANCE NO. 6078 An ordinance pertaining to zoning in the City of Grand Island, Nebraska; changing the classification from R2-Low Density Residential Zone, to R4- High Density Residential Zone of Lot 8, Island Acres Subdivision in the City of Grand Island; directing that such change and reclassification be shown on the official zoning map of the City of Grand Island, Nebraska; and amending the provisions of Section 36-7 to conform to such reclassification. WHEREAS, the Regional Planning Commission on June 8, 1977, recommended approval of the proposed zoning of such area; and WHEREAS, notice as required by Section 79-4,151, R.R.S. 1943, has been given to the Board of Education of School District No.2 in Hall County, Nebraska; and WHEREAS, after public hearing on June 13, 1977, the City Council found and determined that the change in zoning be approved and granted; .... Z LlJ :?E .... a: ~ L&.I o -' ~ L&.I -' BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA : SECTION 1. That the following described real property, to wit: Lot Eight (8), Island Acres Subdivision in the City of Grand Island, Nebraska, be, and the same is, hereby rezoned and reclassified and changed to R4- High Density Resident~al Zone classification. SECTION 2. That the official zoning map of the City of Grand Island be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That the finding and recommendation of the Regional Planning Commission and of the City Council of the City of Grand Island is hereby accepted, adopted, and made a part of this ordinance. SECTION 4. That Section 36-7 of the Grand Island City Code, and all ordinances and parts of ordinances in conflict herewith, are hereby amended to reclassify such above described areas as herein ordered and determined. SECTION 5. That this ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independent. Enacted JUN 2 17 1977 .._~..2<;<:"~ ATTEST: c::tk' ~~~~ /' City erk e <e OFDINANCE NO. 6079 An ordinance creating Water ~~in District No. 325 in the city of Grand Island, Nebraska; defining the boundaries of the district; providing for the laying of a water main in said district; providing for plans and specifications and securing bids; providing for the assessment of special taxes for constructing such water main; and providing the effective date hereof. BE IT ORDAIIDID BY THE I~YOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Water Main District No. 325 in the City of Grand Island, Nebraska, is hereby created for the laying of a twelve-inch, or 30.48 centimeters, water main in Faidley Avenue from the existing water main in Fiadley Avenue, being 339.3 feet, or 103.49 meters, east of the center line of Webb Road to the water main in Fa.idley Avenue turning and running south in West Avenue. SECTION 2. The boundaries of such water main district shall be as follows: Beginning at a point 100 feet, or 30.48 meters, north of the north line of Faidley Avenue and on the north prolongation of the east line of West Avenue; thence running south on. the north prolongation of the east line of West Avenue for a distance of 170 feet, or 51.816 meters, to the south line of Faidley Avenue; thence running west on the south line of Faidley Avenue for a distance of 507.5 feet, or 154.686 meters, to the west line of West Heights Second Addition; thence runr,ing south on the west line of West Heights Second Addition for a distance of 100 feet, or 30.48 meters; thence running west on a line parallel to and 100 feet, or 30.48 meters, south of the south line of Faidley Avenue for a distance of 705 feet, or 214.884 meters, more or less, to the east line of Wolfe's Subdivision; thence running north on the east line of Wolfe's Sub- division fer a distance of 100 feet, or 30.48 meters, to the south line of Faidley Avenue; thence running west on the south line of Faidley Avenue for a distance of 817 feet, or 249.022 meters, to a point 339.3 feet, or 103.419 meters, east of the center line of \~ebb Road; thence running north on a line parallel to and 339.3 feet, or 103.419 meters, east of the center line of Webb Road for a distance of 170 feet, or 51.816 meters; thence running east on a line 100 feet, or 30.480 meters, north of Faidley Avenue for a distance of 1963.6 feet, or 598.505 meters, more or less, to the point of beginning as shown on the plat dated 12/6/76 marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. Said improvements shall be made in accordance with plans. and specifications prepared by the Engineer for the City who shall estimate the cost thereof, and submit the same to the City Council, and upon approval of the same, bids for the construction of such water main shall be taken and contracts entered into in the manner provided by law. SECTION 4. The cost of construction of such improvement shall be assessed against the property within such district abutting upon the street wherein such water main has been so placed to the extent of benefits to such property, not to exceed the laying of a six-inch water main for the property zoned residential, and not to exceed the laying of an eight-inch water main for the property zoned otherwise, 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; ~~d such special tax and assessments shall constitute a sinking fund for the payment of any warrants or bonds for the purpose of paying the cost of such water main in such district; and such special assessments shall be paid and collected either in a fund to be designated and kno'NIl as the Sewer and Water Extension Fund for Vater Main District No. 325, or the Water Surplus Fund. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the 'plat, as provided by law. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. DEe 1.:1 1916 Enacted ~&~~ City Clerk . ~. z E> SUB. ~~S LJ ~ 2 III \/Dr 0 ~~. CII .. ~~~ '" KENNEDY DR. t: lD ~: ... SUB. t EAST UNE WOLFE'S SUB. S~. \/Dr 2i I/) ~~~~ il \1....' V" 9 :I ! i -ell (t... \\... 9 S~C. ~ . Sf,C- - . .. fZ WEST LIJIE WEST HEIGHTS ~. SEtOND ADD. ~ ~ SHERMAN H POINT OF BEGINNING AVE. " m I . ./ L EXHIBIT II A" CITY OF GRAND ISLAND, NEBRASKA ENGINEERING DEPMTMENT WATER MAlN DIST. NO. 325 I PLAT ~.~<;~~~NY ORDNIlNCEj I SCALE I": 300' LD.C.l 12/6 /76 ~.-_L'''.'.__. ORDINANCE NO. 6080 An ordinance to vacate a part of Curtis Street, also spelled Curtiss street, and a part of DelMonte Avenue in the City of Grand Island, Nebraska; and to provide the effective date hereof. . WHEREAS, this Council, on October 18, 1976, determined that a part of such street and avenue should be vacated. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA : SECTION 1. That part of Curtis Street from the north right-of-way line of Stolley Park Road to the north line of DelMonte Avenue, and that part of DelMonte Avenue from the east line of Curtis Street east for a distance of two hundred twenty (220) feet, or 67.056 meters, all in the City of Grand Island, Nebraska, as shown on the plat marked Exhibit !fA" attached hereto and incorporated hereby by reference, be, and hereby is, vacated. SECTION 2. That the title to that part of Curtis Street and that part of DelMonte Avenue vacated by Section 1 of this ordinance shall remain in the name of the City of Grand Island, Nebraska. SECTION 3. That this ordinance is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted 'L 3 1916 ~: ~~~ ~ty Clerk - esident of the Council . APP~ ~RM DEe '1/ 'l~jIU LEGAL DEPAR ~"'."""" . E co 'O~ A'/c to. V c::.. co ~c.,~ E~ ~\~(;) I~ E co If) 0- .,.., 9 ,.., I ~ ~~ <o<(,'v . (76.200m) 250' E N- If) 0 - v !<iN I'- 2 @ QQ- ( E co If) ',.., q ,..,9 - E -,.., co ,.., If) q o '-,.., E ,..,~ q Q LEGEND ~ CURTIS S"f. VACATED. ~ .DEL MONTE AVE. VACATED - EXHIBIT "A" CITY OF GRAND ISLAND, NE. ENGI~EERING DEPARTMENT: I PLAT TO ACCOMPANY ORD. I NO. 6080. I SCALE: 1"=100' D.L.J. 12/7/761 . ORDINANCE NO. 6081 An ordinance to amend Section 4-16 of the Grand Island City Code; to repeal conflicting ordinances; to provide for a penalty; 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 Grand Island City Code be, and hereby is, amended by amending Section 4-16 to read as follows: \! ''J ~ ) , - u:.. c:t: 0... OJ W U 0 u.J ---l Cl c:t: c..9 W ---l . "Sec. 4-16. HOURS OF SALE - SUNDAY EXCEPTIONS No alcoholic liquors, including beer, shall be sold at retail or dispensed between the hours of 1:00 A. M., Sunday, and 1:00 P.M., Sunday. No alcoholic liquors for consumption on or off the premises, except beer and wine, shall be sold at retail or dispensed between the hours of 1:00 P. M., Sunday, and 11:00 P. M., Sunday; provided, alcoholic liquors for consumption on the premises, including beer and wine, may be sold at retail or dispensed between the hours of 6:00 P. M., Sunday, and 11:00 P. M., Sunday; provided further, that such limitations shall not apply after 12:00 Noon on Sunday to a licensee which is a nonprofit corporation as defined in Section 53-103, R. R. S., 1943, and is the holder of a license issued under the provisions of either subsection (5) C or subsection {-5} H of Section 53-124, R.R.S., 1943, but such licensee shall not sell or dispense liquors on more than six days each week. Furthermore, if December 31, commonly called New Yearts Eve, falls on a Sunday, in addition to the foregoing provisions, the sale or dispensing of alcoholic liquors, including beer, for consumption on the premises, shall be permitted by other than nonprofit corporations between the hours of 6:00 P. M., Sunday, December 31, and 1 :00 A. M. , Monday, January 1. " . . - 2 - SECTION 2. That the original Section 4-16 as heretofore existing is hereby repealed, and any ordinances in conflict herewith are hereby repealed. SECTION 3. That any person violating the provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and be punished as provided in Section 1-7 of the Grand Island City Code. SECTION 4. This ordinance shall be in force and take effect after its passage, approval, and publication within fifteen days in one issue of the Grand Island Independent, as provided by law. Enacted DEe 13 19T6 ATTEST: 4J(~~~ City Clerk ORDINANCE NO. 6082 An ordinance to amend Ordinance No. 5970 which created Sanitary Sewer District No. 424; to . provide for a new legal description for said Sanitary Sewer District; and to provide for the effective date of this ordinance. BE IT ORDAINED BY THE NAYOR AND CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Section 2 of Ordinance No. 5970 be, and hereby is, amended to read as follows: "Section 2. The boundaries of such sanitary sewer district shall be as follows: Beginning at the junction of a line 125 feet, or 38.1 meters, north of the north line of Fonner View Subdivision with the north prolongation of the east line of Lot 35 in,Fonner View Subdivision; thence running south on the west line of Stuhr Road for a distance of 595 feet, or 181.356 meters, to the south line of Fonner Park Road; thence running west on a line parallel to and 80 feet, or 24.384 meters, south of the north line of Fonner Park Road for a distance of 1,275.87 feet, or 388.885 meters, more or less, to the south prolongation of the west line of Fonner View Subdivision; thence rur~ing north on the south prolongation of the west line of Fonner View Subdivision and on the west line of Fonner View Subdivision for a distance of 345 feet, or 105.156 meters, more or less, to the north line of Nebrask~ Avenue; thence running east on the north line of Nebraska Avenue for a distance of 185 feet, or 56.388 meters, to the east line of Cherry Street; thence running north on the east line of Cherry Street for a distance of 652.94 feet, or 199.016 meters, to the northwest corner of Lot 55 in Fonner View Subdivision; thence running east on the north line of Lot 55 in Fonner View Subdivision and on the east prolongation of Lot 55 of FOllner View Subdivision for a distance of 250 feet, or 76.2 meters; thence running south on a line parallel to and 125 feet, or 38.1 meters, east of the east line of Lot 55 to Lot 50 inclusive in Fonner View Subdivision for a dista!!ce of 402.94 feet, or 122.816 meters; thence running east on a line parallel to and 250 feet, or 76.2 meters, north of the north line of Nebraska Avenue for a dista!!ce of 841.63 feet, or 256.529 meters, more or less, to the place of beginning, all as on the plat dated 12/22/76, marked Exhibit "AI! attached hereto and incorporated herein by reference. SECTION 2. That the original Section 2 of Ordina!!ce No. 5970 be, and hereby is, repealed. SECTION 3. This ordina!!ce shall be in force a!!d take effect from a!!d after its passage a!!d publication within fifteen days in one issue of the Gra!!d Isla!!d Daily Independent, as provided by law. Enacted DEe 2 7 1976 /')"1 /(/ // '1/)~ '-.,- .~"..../f"3 v~ /Pres'ident of the Council JRT' ~~~df "" (/ ~, ' -,.." - A~fASJ>lFORM s'-U~ OEC;~; ;; I LEGAL DEPA~ . ej - SCHOOL 18,~88 250~ 76.200m 6 'r 125 ",. . t- N 38.IOO~ 1-12"- W ....'" 05 ..:.... (58.1001 W v" N a:( .N ':J. ' U'JOo<,; ~~, ~ 4-(2" m' ~'2 ' 125 (38.100'1 9 13 v en N 10 lD >- a: a: W J: U g, ~~ ~,8 51 14 17 I I~:; 47 00> f'o;N <n'lt (38.100) (18 2~e ) (38100);;;'" 125' 60T\ 125' N.... f ~~-185 -56.38~m""':> E <DC!! NEBRASKA U) 74.5" " " 10 22.70 ~ \\!~18, 19 , I 1Il22. 8 74.5 " 10 V ~ ~~ -t N 158.1001 , -12"- t ........'~.. "1.~ r--~ .J> PROPERTY E' Of 13' Dedicated :~oad R.O.W 125' 138.IQO) 77 83.63' (23470) (25480) 35 ~~ .,- (23.470)(25.356) I.., " 77' 83.19' Itf) (I) ....: "'0 Q) :diii "7 74.5 84,15 22.7081 (25.649) 33 . 34~~ ' " 22 .7Q81 ~~56~'. 74,5 83.87 ,lA, t.. 5. A 2Z t-l t-.' I 'f\ Ot-l \ \ .&1 t-l. 5t- C l' 9 'f1 ~ UNPLATTED 841.63 '.256,529m .J~ o . on lI> N ,.., 125 '" (!) (38.IOO):~ Z 82 77 45 c;f <l Cl 28.994) (23.4701 46 .~:d5 a: ~~ 44 ' C38.IOOt--o<I 18.288124.99'1) 23.470) 125' <;..,'" 60 82' 77' .. J. CD N ~ I V ~ N o V W ,~ ~" , 25 26 , 3~ ~ ;;:! ....~ ;9' " ~ ~' AVENUE , 40 OUTFALL 1/4 SEC. LINE, SEWER R.O.W. v ~ ~i '-- FONNER .. d.{"',<~,,,,, PARK ROAD 1275.87.:t -388.885m r&J .---...: "\ ~ ..... ~ ~ i:::: ~ <I) \ l ~PT. OF BEGIN NING. v ~~ V N V '"...,. '" '---S.E. ::51 C o:;-or. N.E.I/4 -SEC. 22.TIIN.R9W EXHIBIT "A" CITY' OF GRAND ISLAND t N~BR. ENGINEERING DE PARTMENJ. SANITARY SEWER QRD. No. 5970 I ' Scote:J"=200' >i"_-,o-'.-:.__:.-" _, D.,!....J, .. f'2122/16~: 1 ,.J n<~ l-rf~", ~ -. . :2 c:: o Co.. . ORDINANCE NO. 6083 An ordinance assessing and levying a special tax to pay the cost of construction of Street Improvement District No. 883 of the City of Grand Island, Nebraska; providing for the collection of such special tax; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 883, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: NAME LOT BLK. ADDITION AMOUNT r:? Q:;. <( a... w o ..J <( (!) W ..J Saint Francis Hospital, a Nebraska Corporation Part of South east 1/4, NW-l/4, Section 17-11-9 beginning at a point being the West line of said SE-l/4 and North line of Faidley Avenue, thence North 895.26' to the South line of 9th Street, thence East 947.5' to the West line of Howard, thence South 902.5' to North line of Faidley Avenue, thence West on North line of Faidley Avenue 947.16' to point of ~eginning Marven C. and Doris Johnson 12 Ronald L. and Barbara G. Hulme 13 Anna LOUise 8mi th 14 Myron R. and Doris E. Pierce 15 Edward 1. and Mary S. Johnson 16 M. Eleanor Butts N.23.6l' 17 Helmuth Gerald and Margaret M. Maul N.21.87' at N.27' 28 Helmuth Gerald and Margaret M. Maul S.42' 29 Janelle Lemburg Culp N .13 I 29 Janelle Lemburg Culp 30 Dennis A. and Sharon L. Koehler 31 Dennis A. and Sharon L. Koehler S.27-1/2' 32 Larry D. and Barbara G. Hagge N.l/2 32 Larry D. and Barbara G. Hagge 33 $7,823.36 West Heights 2nd 1,571.00 II II 803.78 II II 426.52 II II 225.66 II II 119.50 " II 31. 78 II II 28.60 " II 82.63 II 34.96 II II 221. 52 II II 418.89 " " 330.54 " " 456.72 1,604.38 c..:> w o SECTION. 2. The special tax shall become delinquent as follows: One-tenth shall become delin9.uent in fifty days from date of this levy; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six years; one-tenth in seven years; one- tenth in eight years; one-tenth in nine years; provided, however, the entire amount so assessed and levied against each lot or tract may be paid within fifty days from the date.of this levy without interest, and the lien of special tax thereby satisfied and released. Each such installment, except the first, shall draw interest at the rate of seven per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving Fund" for Street Improvement District No. 883. . e ORDINANCE NO. 6083 (Cont'd) of ordinance, in conflict herewith, is hereby repealed. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part Enacted DEe 2 7 1976 A~~L( ~ y Clerk - 2 - .~?~~ 1/0/ President of the Council \.uo 000 ORDINANCE NO. 6084 An ordinance to amend Ordinance No. 6014 which created Sanitary Sewer Connection District No. 422T by amending Section 4 of said Ordinance . relating to the cost of constructing said district, the establishment of a sinking fund, and the payment of construction costs; to repeal provisions in conflict with this ordinance; and to provide for the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA : SECTION 1. Section 4 of Ordinance No. 6014 is hereby amended to read as follows: "Section 4. The cost of construction of such 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 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 Sewer Connection District No. 422T 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. 422T may be made by warrants drawn upon the appropriate sanitary sewer construction fund." SECTION 2. Section 4 of Ordinance No. 6014 and any other provisions of any other ordinance in conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage, approval, and publication, in one issue of the Grand Island Daily Independent, as provided by law. Enacted J AN 1 0 1977 . ATTEST: Lf'X' ~~/~-~ City Clerk APPROVED AS TO FORfVJ DEe 8 lEGAL DEPAR . . ORDINANCE NO. 6085 An ordinance to extend the boundaries and include within the corporate limits of, and to annex to, the City of Grand Island, Nebraska, certain contiguous land in the Southwest Quarter of the Northwest Quarter (SWtNWt) of Section Eleven (11) in Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska; to provide for service benefits thereto; and to provide for an effective date of this ordinance. BE IT ORDAINED BY 'lliE MAYOR AND COUNCIL OF. THE CITY m' GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined by such City Council that: (a) The land for street purposes in the Southwest Quarter of the Northwest Quarter (SWtNWt) of Section Eleven (11), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska, as hereinafter more particularly described, is urban and suburban in character and contiguous and adjacent to the corporate limits of such City. (b) Police, fire, and snow removal benefits will be immediately available to such land for street purposes. (c) There is a unity of interest in the use of such land for street purposes with the use of such lots, lands, streets, and roads in the City, and the community convenience and welfare and the interest of such City will be enhanced through incorporating such land for street purposes within the corporate limits of such City. SECTION 2. That the boundaries of the City of Grand Island, Nebraska, be, and hereby are, extended to include within the corporate limits of such City the contiguous and adjacent land for street purposes in the Southwest Quarter of the Northwest Quarter (SWtNWt) of Section Eleven (11) in Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska, more particularly described as follows: The south forty (40) feet, or 12.192 meters, of the Southwest Quarter of the Northwest Quarter (SWtNWt) of said Section Eleven (11) from the east line of Airport Avenue, being thirty-three (33) feet, or 10.058 meters, east of the west line of said Section Eleven (11); thence running' east on the south line of the Southwest Quarter of the Northwest Quarter (SWtNWt) of said Section Eleven (11) for a distance of one thousand one thundred two (1,102) feet, or 335.890 meters, to a line at right angles from the south line of the Southwest Quarter of the Northwest Quarter (SWtNWt) of said Section Eleven (11), containing an area of 1.012 acres, or 0.410 Hectaries, more or less, as shown on the plat dated 1/3/77, marked Exhibit "A" attached hereto and incor- porated herein by reference. SECTION 3. That this ordinance, together with a drawing of such tract of land, be filed for record in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. Such tract of land is hereby ~~exed to the' City of Grand Island, IIall County, Nebraska. SECTION 5. That upon the taking effect of this ordinance, the pOlice, fire, and snow removal services of such City shall be furnished to the tract of land hereby annexed, and City water service will be available as provided by law. SECTION 6. This ordinance shall.:be. in force and tak,e effect from and after its passage, approval, and publication within flifteenq~7~s in one issue of the Grand Island Daily Independent, as by law provided. tdJ~,N atl Enac e'" '.' ~r'~ . Ci ty Clerk .f'" ttr. z APPROVED Ol'ficc OJ CicnC[ JAN 5 1977 '. , 1/16 LINE \ 1/4 SEC. LINE ~. PLA T OF TERRITORY IN S. W. 1/4, N.W 1/4, SECTION 11-11- 9, ANNEXED BY ORDINANCE NO. 6085, TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. CONTAINS AN AREA OF 1.012 ACRES OR 0.410 HECTARES, MORE OR LESS. \I~" ....\.~. \V'~' ,.... \.. \I~" c,.\ S~. C;,~ Cr&J c AIRPOR T AVE I i , , 'e I ' I I ! ; 1 I > .c:: ~ ~ - -::s ~ LEGEND \I~ ~. C;,.~ \I~"\\" . ~tc,.\\" SEC. LINE ~\.,,"" "" '4 LAND ANNEXED BY ORD. NO. 6085. EX HI B IT II A II SCALE: /": 200' D.L.J. I / 3 / 11 r~ ~ ___ __~ . . O'EIDmANCE NO. 6086 An ordinance dedicating, opening and naming a part of East 7th street in the City of Grand Island, Nebraska; providing for the recording of this ordinance; and providing for the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAl'ID ISLAND, NEBRASKA: SECTION 1. . The city-owned tracts of land on the north and south sides of the east/west quarter section line of Section Eleven (11), Township Eleven (11) North, Eange Nine (9) West of the 6th P.M., Hall County, Nebraska, and in the City of Grand Island, Nebraska, said tracts being more particularly described as follows: A tract of land forty (40) feet, or 12.192 meters, in width, from the east line of Airport Avenue, being thirty-three (33) feet, or 10.058 meters, east of the west line of said Section Eleven (11) and on the north side of the east/west quarter section line of line of said Section Eleven (11) to a line one thousand one hundred and two (1,102) feet, or 335.890' meters, east of the east line of Airport Avenue; and A tract of land forty (40) feet, or 12.192 meters, in width, from a line one hundred eight (108) feet, or 32.918 meters, east of the west line of said Section Eleven (11) and on the south side of the east/west quarter section line of said Section Eleven (11) to a line 930 feet, or 283.464 meters, east of the west line of said Section Eleven (11) and on the south side of the east/west quarter section line of said Section Eleven (11), including Seventh (7th) Street as platted and dedicated in "sanitarian Subdivision", City of Grand Island, Nebraska; said tracts of land containing an area of 1.866 acres, or 0.755 hectares. (Seventh (7th) Street as platted and dedicated in Sanitarian Subdivision contains an area of 0.158 acres, or 0.064 hectares, more or less.) all as shown on Exhibit "A" dated 1/3/77 attached hereto and incorporated herein by reference, are hereby dedicated to the public as a street, to be opened and maintained as other streets in the City. SECTION 2. Such street is hereby given the name of "Seventh Street". SECTION 3. This ordinance is hereby directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. This ordinance shall be in force from and after its passage, approval, and publication, without the plat, within fifteen days in one issue of the Grand Island Daily Independent, as by law provided. JAN 1 0 1977 Council Enacted ~~ ~~L City lerk AflPROVE9 OUlet; ut City Attorney L!Jtt JAN 6 1977 e) ~ ,,' ,I be ~~. lbe',,~' ~.' \', ~. c,.\ . ~~ C@) - c <It. AIRPOR ~ e> LEG E NO .. , 1/16 LINE 330.4 100.706m SEC. LINE = E co- Not V.o COCO ~ot 40'.12.192m 331.9 101. 163m CD (\I. ~~ ,.,- ,., ,Ibe , C:J~' ,lbe~ '\'~' ...,~. ,\' ,~<(,c,. 331.9 ..., E 101.l63m ~,t;>"""". ~ ~ ~"\~ :: -(\I ~~ ~ , ,<0. CD ~g-;..J ~V (\I 330' 100.584m " E. coO -(\I qot co ~ 40~12.192m 101. 584m 330' E o CD_ N,~ (\I E -,., SECTION LINE o o 'S co III d:g ~ t\.: ... ., .' ~ STREET R.O.W. DEDICATED TO TH E PUBLIC BY THE CITY OF GRAND ISLAND. AS PER ORD.6086. E XH I BIT II A II CITY OF GRAND ISLAND, NEBR. ENGINEER ING DEPARTMENT. STREET RIGHT- OF -WAY DEDICATION ORO. NO. 6086.' SCALEzl"=200' D.L.J. 1/3/77 . . ORDINANCE NO. 6087 An ordinance directing and authorizing the conveyance of Lot 10, Block 6, Evans 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 thereof. BE IT ORDAINED BY THE MAYOR AND COuNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The conveyance to Lawrence E. Huwaldt and AnnaM. Huwaldt, and Gerald H. Jacobs and WaltraudF. Jacobs, as joint tenants, of Lot Ten (10), Block Six (6), Evans Addition to the City of Grand Island, Hall County, Nebraska, is hereby authorized and directed. SECTION 2. The consideration for such conveyance shall be $1,350.00. Conveyance of the real estate above described shall be by warranty deed, upon delivery of the consideration, and the City of Grand Island will furnish an abstract of title. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Daily Independent, a newspaper published for general circu- lation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the city clerk is hereby directed and instructed to prepare and publish such notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by legal electors of the City of Grand Island equal in number to thirty percent of the electors of the City of Grand Island voting at the last regular municipal election held in such City be filed with the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to the said Lawrence E. Huwaldt and Anna M. Huwaldt and Gerald H. Jacobs and Waltraud F. Jacobs a warranty deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the city council. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted J t\ N 1. 0 1977 t1!-r' 4~ ~.L C Y Clerk - President of the Council ~~~ APPROVE' Office of City ~~r~ey ~&U- JAN 5 1977 ,> . . ORDINANCE NO. 6088 An ordinance directing and authorizing the conveyance of Lot 8, BlOck 3, Voitle'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 thereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The conveyance to The Dee Company of Lot Eight (8), Block Three (3), Vo it le '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 $1,050.00. Conveyance of the real estate above described shall be by warranty deed, upon delivery of the consideration, and the City of Grand Island will furnish an abstract of title. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Daily Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the city clerk is hereby directed and instructed to prepare and publish such notice. SECTIoN 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by legal electors of the City of Grand Island equal in number to thirty percent of the electors of the City of Grand Island voting at the last regular municipal election held in such City be filed with the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to the said The Dee Company a warranty deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the city council. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. 1 107- '7 Enacted JAN - 0 d f :(J , ~4t'~~;~ ......., ~-:.1 ,;~,:,., \... q' i;~e of City Attorney @Lt" -- JAN 5 1977 ," . . ORDINANCE NO. 6089 An ordinance directing and authorizing the conveyance of Lot 8, Block 10, Voitle'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 thereof. BE IT ORDINAED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The conveyance to ABC Engineered Trusses, Inc., of Lot Eight (8), Block Ten (10), Voitle'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 $950.00; conveyance of the real estate above described Shall be by warranty deed, upon delivery of the consideration, and the City of Grand Island will furnish an abstract of title. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Daily Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the city clerk is hereby directed and instructed to prepare and publish such notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by legal electors of the City of Grand Island equal in number to thirty percent of the electors of the City of Grand Island voting at the last regular municipal election held in such City be filed with the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to the said ABC Engineered Trusses, Inc., a warranty deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the city council. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. EnacteJAN 1 0 1977. ATTEST: . ~A:t'~ _.~ City Clerk ~..: w "? President of the Council APPlIOY" \";11,._,: vi City Attol'n~y pcQG!t ~ JAN 5 '977 . ~. ~~.~... .~ ~~. \ . a... -;- :z """ ,.. -- J ~!..~ o . ORDINANCE NO. 6090 An ordinance assessing and levying a special tax to pay the cost of construction of Sanitary Sewer District No. 423, of the City of Grand Island, Nebraska; providing for the collection of such special tax; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewi tho BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said sanitary sewer in Sanitary Sewer District No. 423, as adjudged by the Council of said City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon the lots, tracts, and lands as follows: ~ ADDITION AMOUNT Warren B. and Theresa M. Garrett Warren B. and Theresa M. Garrett Warren B. and Theresa M. Garrett Warren B. and Theresa M. Garrett Warren B. and Theresa M. Garrett Warren B. and Theresa M. Garrett Warren B. and Theresa M. Garrett Warren B. and Theresa M. Garrett Warren B. and Theresa M. Garrett Warren B. and Theresa M. Garrett Warren B. and Theresa M. Garrett Warren B. and Theresa M. Garrett WarrenB. and Theresa M. Garrett Warren B. and Theresa M. Garrett Warren B. and Theresa M. Garrett Warren B. and Theresa M. Garrett Warren B. and Theresa M. Garrett Warren B. and Theresa M. Garrett Warren B. and Theresa M. Garrett D. R. D. Partnership E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe Warren Subdivision " rf $1,152.78 907.71 907.71 1,390.34 1,029.89 1,029.89 1,029.89 835.25 835.25 835.25 1,002.30 1,465.75 880.23 850.71 825.04 989.95 824.88 824.80 1,265.91 6,446.66 3,950.84 2,695.29 318.93 309.93 309.58 309.58 309.58 309.58 309.58 309.58 309.58 309.5Cj 309.58 309.58 309.58 309.58 361.17 382.42 352.24 350.16 244.65 275.57 330.71 279.55 364.31 361.17 380.14 285.29 It " II t1 II II n " It 11 II n 11 n 11 " It " " " n " " " " If II " " Webb Road Sub. Wolfe's Subdivision " " " " " " II " II " " " " " It " If " " " " " " It n II " " " rr tI " rr " " " 11 II " " " " ff " tI " If It It II II II - 1 - . . ORDINANCE NO. 6090 (Cont'd) E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe Mid-America Company Mid-America Company E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and-.Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 Wolfe's Subdivision $ It u " fI 320.80 268.35 383.38 372.66 364.70 309.58 309.58 309 . 58 309.58 361.17 514.71 319.02 319.02 319.02 319.02 329.29 378.03 376.53 559.24 309.58 361.17 361.17 309.58 320.15 303.19 310.38 347.43 499.84 354.28 309.58 361.17 361.17 309.58 309.58 309 . 58 358.86 451.53 449.88 457.26 380.84 367.62 296.39 267.35 328.14 269.67 307.19 289. 73 370.10 361.17 309.58 309.58 309 . 58 309.58 433.60 It ff rt " ft n n " " tr " n If " " tt " n " II rr It II n " " " It II It rr II " " It " tI " II It " " " " II " " " " II " " " 1t " " " H " " " " u " 'I " fI " " I' If It It II " t, " " n II tr " It It " " " " n " " II " " rr " 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 per cent per annum from the time of per cent per annum shall be paid thereon until the same is collected and paid. such levy until they shall become delinquent. After the same become delinquent, interest at the rate of nine - 2 - . . ORDINANCE NO. 6090 (cont'd) SECTION 3. The Clerk-Fin~nce Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Sewer and Water Extension Fund" for Sanitary Sewer District No. 423. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. Enacted JPt~ 10 1977 4Y~~ City Clerk ,- ORDINANCE NO. 6091 An ordinance to amend Chapter 22 of the Grand Island City Code by adding Section 22-33.1 thereto, pertaining to cable television connections; . to provide for a penalty; and to provide the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISlAND) NEBRASKA: SECTION 1. That Chapter 22 of the Grand Island City Code be amended by adding thereto) Section 22-33.1 to read as follows: Sec. 22- 33 .1. WIRE TAPPING - CABLE TELEVISION (a) It shall be unlawful for any person, firm or corporation to make any unauthorized connection, whether physically, electrically, accoustically, inductively, or otherwise, with any part of a franchise Cable Television) Inc. system within the City for the purpose of enabling himself or others to receive any television signal, radio signal, picture) program or sound, without payment to the owner of said system. (b) It shall be unlawful for any person, without the consent of the owner, to willfully tamper with) remove or injure any cable, wires or equipment used for distribution of television signals) radio signals, pictures, programs or sound. SECTION 2. Any person violating the provisions of this Ordinance shall, upon conviction) be deemed guilty of a misdemeanor and be punished as provided in Section t-7 of the Grand Island City Code. SECTION 3. This Ordinance shall be enforced and take effect from and after its passage, approval, and publication within fifteen (15) days in one issue of the Grand Island Daily Independent) as provided by law. Enacted JAN 10 1977 . ATTEST: ~~~.~ City Clerk AmoffJ Offioe of (}1 il'~"',,;;""n~ ~"\~i&~i-i.4 .lj~,; JAN 5 1977 . . ORDmANCE NO. 6092 An ordinance creating street Improvement District No. 914, defining the boundaries of the district; providing for the improvement of the street within the district by paving, gutter~ng, and all incidental work in connection therewith. BE IT ORDAmED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTtON 1. Street Improvement District No. 914 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at a point on the north prolongation of the west line of Sherman Avenue and 300 feet, or 91.44 meters, north of the north line of Faidley Avenue; thence running south on the north prolongation of the west line of Sherman Avenue and on the west line of Sherman Avenue for a distance of 670 feet, or 204.216 meters, to a point 300 feet, or 91.44 meters, south of the south line of Faidley Avenue; thence running west on a line parallel to and 300 feet, or 91.44 meters, south of the south line of Faidley Avenue for a distance of 1,022 feet, or 311.506 meters, more or less, to the easterly line of Kennedy Drive; thence running northerly on the easterly line of Kennedy Drive for a distance of 85 feet, or 25.908 meters, more or less, to a point 214.02 feet, or 65.233 meters, south of the south line of Faidley Avenue; thence running southwesterly on a line for a distance of 488 feet, or 148.742 meters, more or less, to a point on the west line of Lot 1 in Wolfe's Subdivision and 300 feet, or 91.44 meters, south of the south line of Faidley Avenue; thence running west on a ,line ~~rallel to and 300 feet, or 91.44 meters, south of the south line of Faidley Avenue for a distance of 286 feet, or 87.173 meters, more or less, to the east line of Section 18, Township 11 Nortb, Range 9 West of the 6th P.M., Hall County, Nebraska; thence running north on the east line of said Section 18 for a distance of 670 feet, or 204.216 meters, more or less, to a point 300 feet, or 91.44 meters, north of the north line of Faidley Avenue; thence running east on a line parallel to and 300 feet, or 91.44 meters, north of the north line of Faidley Avenue for a distance of 1,799.3 feet, or 548.427 meters, more or less, to the point of beginning, all as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. The following street in the district shall be improved by paving, curbing, guttering, and all incidental work in connection therewith: Faidley Avenue from Sherman Avenue to the existing paving in Faidley Avenue at the east line of Section 18, Township 11 North, Range 9 West of the 6th P.M'., 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 Council. SECTION 4. The improvements shall be made at public cost, but the cost thereof, excluding intersections, shall be assessed upon the lots and lands in the district specially benefitted thereby, as provied by law. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, as provided by law. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 7. After passage; approval, and publication of the ordinance, notice of the creation of said district shall be published in the Grand Island Daily Independent, a legal newspaper published and of general circulation in said City as provided by law. Enacted '0 JAN let." 0./ '.if)/1' " - )Z:'1 /j .~ /',,', J~l President of the Council ---- ANil~l:D ATOES~ ~./ ~ Clerk On-ice of / City AUo~' e!)~' JAN 1 0 f917 .., ... # e}2 f-- 300' (91.440m) ~t; S~ \ r.,Y-- (2t336m) ~"f;;. ~<(;. 170" ' J 'I, t I 670'(2 4,21€ m)SHERMAN -:AVENUE - - '30 , ~ .. (91.44 m) CO 'l.: b fQ \. e v_ ~If) .ei - E E ~RESERVEO FOR STREET R.O.W. ~ ~ ~ ~ DEEDED FOR STR EET -co""': coO I I I, I, I I Ii C\I o - [@ c E to: t\I ~ CD V to (65.233m) PAVING DIST. NO. 914 ORD. NO. 6092 300' (91.440m) .., oi 0) ~ '" CD CD "*" lot I ~. C?) - l E ~ ,~' ~ t t f - \ -If) I If) - E t\I G\l N )... __ 300'{9L44Om ) -....1 ~ '\ ~ ~ ~ ,'<0<0 ~~ o~~ ~ lot 4 -- E If) U>f-- 11)- t\J~ II) ..... ~ (9IA4Om) ~, 300' , LINE.EAST LINE SEC. 18-11-9. SEC. 18 -11-9. CENTERLINE OF WEBB RD. (ALSO A SECTION LINE ) . EX HI BIT "A II ROAD CITY OF GRANO ISLAND, NEB. ENGINEERING DEPARTMENT. I PLAT T, O.ACCOM"PA,. .NYORD.~ NO. 6092., " ',SCALE.'I"-200: D.L.~. 1/'T17tl I: if i II , 1 ORDINANCE NO. 6093 An ordinance to amend Ordinance No. 5989, the Annual Appropriations Ordinance of the City of Grand Island for the fiscal year from August 1976 . through July 1977, by adding another section appropriating certain funds received from the federal government; and to provide for the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA : SECTION 1. That Ordinance No. 5989 of the City of Grand Island, Nebraska, is hereby amended by adding a section to be number Section 37, which shall read as follows: "Section 37. Federal Assistance Fund - 218 The estimated amount of $22,000 which may be received from the United States government under Title II of Public Law 94-369, the Public Works Employment Act of 1976, is hereby appropriated for the remainder of the fiscal year ending July 31, 1977, to pay salaries of designated regular employees who would normally be paid from the Street and Alley Fund." SECTION 2. This ordinance shall be in force and take effect from and after its passage, approval, and publication, as provided by law. Enacted Januarv 24. .1977 ~r/4J esident of the Council ATTEST: t?/~~~-, City Clerk . AP~ A~)O F~RM r~ {; U- JAN 2 0 1977 LEGAL DEPARTMENT 1 ~ ORDINANCE NO. 6094 An ordinance assessing and levying a special tax to pay the cost of construction of street Improvement District No. 896 of the City of Grand Island, Nebraska; providing for the collection of such special tax; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances . in conflict herewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 896, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special ta~ for such I cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: NAME LOT BLK ADDITION AMOUNT E. Dean and Judith A. Wolfe 53 Wolfe's Subdivision $237.37 E. Dean and Judith A. Wolfe 54 II II . 515.93 E. Dean and Judith A. Wolfe 55 II II 1,129.25 E. Dean and Judith A. Wolfe 56 II II 1,889.92 E. Dean and Judith A. Wolfe 57 II II 1,014.15 E. Dean and Judith A. Wolfe 58 11 II 923.38 E. Dean and Judith A. Wolfe 59 II II 1,077.28 E. Dean and Judith A. Wolfe 60 11 II 1,077.28 E. Dean and Judith A. Wolfe 61 II 11 923.38 E. Dean and Judith A. Wolfe 62 II II 923.38 E. Dean and Judith A. Wolfe 63 II II 923.38 E. Dean and Judith A. Wolfe 64 11 II 1,083.01 E. Dean and Judith A. Wolfe 65 II 11 1, 475 .27 E. Dean and Judith A. Wolfe 66 II II 1,497.54 E. Dean and Judith A. Wolfe 67 11 11 1,553.83 SECTION 2. The special tax shall become delinquent as follows: One-tenth shall become delinquent in fifty days from date of this levy; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six years; one-tenth in seven years; one- tenth in eight years; one-tenth in nine years; provided, however, the entire amount so assessed and levied against each lot or tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax . thereby satisfied and released. Each such installment, except the first, shall draw interest at the rate of seven per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be - 1 - paid thereon. .~~.,. ~ n A~~"~RM JAN 1 4 1917 LEGAL DEPARTMENT . . ORDINANCE NO. 6094 Cont'd. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving Fund" for Street Improvement District No. 896. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. Enacted January 24, 1977 ATTEST: ~~d&J City Clerk - 2 - ORDINANCE NO. 6095 . An ordinance assessing and levying a special tax to pay the cost of construction of street Improvement District No. 897 of the City of Grand Island, Nebraskaj providing for the collection of such special tax; . and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 897, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after due notice having been given thereof as provided by lawj and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: NAME LOT BLK ADDITION AMOUNT E. Dean and Judith A. Wolfe 33 Wolfe's Subdivision $1,025.30 E. Dean and Judith A. Wolfe 34 " " 772.52 E. Dean and Judith A. Wolfe 35 " " 772.52 E. Dean and Judith A. Wolfe 36 " " 772.52 E. Dean and Judith A. Wolfe 37 " " 772.52 E. Dean and Judith A. Wolfe 38 " " 901.28 E. Dean and Judith A. Wolfe 39 " " 1,207.52 E. Dean and Judith A. Wolfe 40 " " 804.76 E. Dean and Judith A. Wolfe 41 " " 804.76 E. Dean and Judith A. Wolfe 42 " " 804. 76 E. Dean and Judith A. Wolfe 43 " " 804. 76 :: .- E. Dean and Judith A. Wolfe 44 " " 849.43 0:: z Judith A. Wolfe 45 " " 1,048.20 eJ r- LiJ E. Dean and r- ::E E. Dean and Judith A. Wolfe 46 " " 1,006.40 g-\j c:n I- 0:: E. Dean and Judith A. Wolfe 47 " " 423.74 ~ ~ < E. Dean and Judith A. Wolfe 48 " " 772.52 0.. - LiJ E. Dean and Judith A. Wolfe 49 " " 901.28 ~~ z:: C E. Dean and Judith A. Wolfe 50 " " 901. 28 c:t ...J '""") < E. Dean and Judith A. Wolfe 51 " " 772.52 C) E. Dean and Judith A. Wolfe 52 " " 771.22 ~ LiJ ...J E. Dean and Judith A. Wolfe 53 " " 722.01 E. Dean and Judith A. Wolfe 54 " " 781.29 E. Dean and Judith A. Wolfe 55 " " 859.93 E. Dean and Judith A. Wolfe 67 " " 1,198.10 E. Dean and Judith A. Wolfe 68 " " 2,106.91 E. Dean and Judith A. Wolfe 69 " " 1,184.17 E. Dean and Judith A. Wolfe 70 " " 930.59 E. Dean and Judith A. Wolfe 71 " " 830.81 E. Dean and Judith A. Wolfe 72 " " 1,093.02 E. Dean and Judith A. Wolfe 73 " " 870.68 E. Dean and Judith A. Wolfe 74 " " 1,203.08 E. Dean and Judith A. Wolfe 75 " " 1,979.27 E. Dean and Judith A. Wolfe 76 " " 1,320.89 E. Dean and Judith A. Wolfe 77 " " 901.28 E. Dean and Judith A. Wolfe 78 " " 772. 52 E. Dean and Judith A. Wolfe 79 " " 772.52 E. Dean and Judith A. Wolfe 80 " " 772.52 E. Dean and Judith A. Wolfe 81 " " 772.52 E. Dean and Judith A. Wolfe 82 " " 1,243.12 E. Dean and Judith A. Wolfe The South part of Lot 1, Lying within the Assessable District Boundary " " of Street 1mprovement District No. 897 1,732.45 SECTION 2. The special tax shall become delinquent as follows: One-tenth shall become delinquent in . fifty days from date of this levy; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five yearsj one-tenth in six years; one-tenth in seven years; one- tenth in eight yearsj one-tenth in nine years; provided, however, the entire amount so assessed and levied - 1 - . . ORDINANCE NO. 6095 Cont'd. against each lot or tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each such installment, except the first, shall draw interest at the rate of seven per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving Fund" for Street Improvement District No. 897. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. Enacted January 24, 1977 ~dlC~h - 2 - ORDINANCE NO. 6096 . An ordinance assessing and levying a special tax to pay the cost of construction of Sanitary Sewer District No. 424 of the City of Grand Island, Nebraska; providing ror the collection of such special tax; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewi tho BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said sanitary sewer in Sanitary Sewer District No. 424, as adjudged by the Council of said City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon the lots, tracts, and lands as follows: NAME LOT BLK ADDITION AMOUNT Rudolf F. and Jeannice R. Plate 18 Fonner View Subdivision $679.88 Rudolf F. and Jeannice R. Plate 19 " " 679.88 Rudolf F. and Jeannice R. Plate 20 " " 679.88 Rudolf F. and Jeannice R. Plate 21 " 679.88 Rudolf F. and Jeannice R. Plate 22. " " 679.88 Rudolf F. and Jeannice R. Plate 23 " " 679.88 Rudolf F. and Jeannice R. Plate 24 " " 679.88 Rudolf F. and Jeannice R. Plate 25 " " 679. 88 Rudolf F. and Jeannice R. Plate 26 " 679.88 Rudolf F. and Jeannice R. Plate 27 " " 679.88 Rudolf F. and Jeannice R. Plate 28 " 679.88 Rudolf F. and Jeannice R. Plate 29 " " 679.88 Rudolf F. and Jeannice R. Plate 30 " " 679.88 Rudolf F. and Jeannice R. Plate 31 " " 679.88 Rudolf F. and Jeannice R. Plate 32 " " 679.88 Rudolf F. and Jeannice R. Plate 33 " " 679 . 88 Rudolf F. and Jeannice R. Plate 34 " " 765. 39 Rudolf F. and Jeannice R. Plate 35 " " 763.20 Rudolf F. and Jeannice R. Plate 36 " " 702.70 Rudolf F. and Jeannice R. Plate 37 " " 702.70 Rudolf F. and Jeannice R. Plate 38 " " 702.70 Rudolf F. and Jeannice R. Plate 39 " " 702.70 Rudolf F. and Jeannice R. Plate 40 " " 702. 70 Rudolf F. and Jeannice R. Plate 41 " " 702.70 Rudolf F. and Jeannice R. Plate 42 " " 702.70 Rudolf F. and Jeannice R. Plate 43 " " 702.70 Rudolf F. and Jeannice R. Plate 44 " " 748.33 Rudolf F. and Jeannice R. Plate 45 " " 657.07 Rudolf F. and Jeannice R. Plate 46 " " 707.16 Rudolf F. and Jeannice R. Plate 47 " " 707.16 Rudolf F. and Jeannice R. Plate 48 " " 657.07 Rudolf F. and Jeannice R. Plate 49 " " 657.07 Rudolf F. and Jeannice R. Plate 50 " " 657.07 Rudolf F. and Jeannice R. Plate 51 " " 657.07 Rudolf F. and Jeannice R. Plate 52 " " 657.07 Rudolf F. and Jeannice R. Plate 53 " " 657.07 Rudolf F. and Jeannice R. Plate 54 " " 657.07 Rudolf F. and Jeannice R. Plate 55 " " 657.07 Rudolf F. and Jeannice R. Plate Pt. of Southeast 1/4, Northeast 1/4 (SE-l/4, NE-l/4) 1f.PP@Vff;)t:J:?iORM Section 22-11-9, a tract of land 504.0 feet by 125.0 feet lying East of ,and adjacent to Lots 49 through 55 of Fonner View Subdivision, and a tract of land 781.63 feet by 125.0 feet lying North of and - Z- . .-L. adjacent to Lots 35 through 44 of Fonner View Subdivision, all JAN 14 1977 being located in the Southeast 1/4, Northeast 1/4 (SE-l/4, NE-l/4). Section 22-11-9 in Hall County, Nebraska. 11,732.57 . LEGAL DEPARTMENT - 1 - . . ORDINANCE NO. 6096 (Cont'd.) SECTION 2. The special tax shall become delinquent as follows: One-fifth of the total amount shall become delinquent in fifty days; one-fifth in one year; one-fifth in two years; one-fifth in three years; and one-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 per cent per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of nine per cent per annum shall be paid thereon until the same is collected and paid. SECTION 3. The.Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Sewer and Water Extension Fund" for Sanitary Sewer District No. 424. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. Enacted Januarv 24. 1977 ,. ~~~~ - 2 - . . ORDINANCE NO. 6097 An ordinance creating Street Improvement District No. 915, defining the boundaries of the district, and providing for the improvement of a street within the district by paving, guttering, and all incidental work in connection therewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 915 in the City of Grand Island, NebraSka, is hereby created. SECTION 2. The boundaries of the district shall be as follows: l"- I"- m - f- Z w :E I- et:: <: 0.. W C ..J <: ffi ..J Beginning at a point on the west line of Short Street and 210 feet, or 64.008 meters, south of the north line of Oklahoma Avenuej thence running north on the west line of Short Street for a distance of 210 feet, or 64.008 meters, to the north line of Oklahoma Avenue; thence running east on the north line of Oklahoma Avenue for a distance of 60 feet, or 18.288 meters, to the southwest corner of Lot 4 in Valley View Third Subdivision; thence running north on the west line of Lot 4 in Valley View Third Subdivision for a distance of 150 feet, or 45.72 meters, to the northwest corner of Lot 4 in Valley View Third Subdivision; thence running east on the north line of Valley View Third Subdivision for a distance of 132 feet, or 40.234 meters, to the northeast corner of Lot 3 in Valley View Third Subdivision; thence running south on the east line of Valley View Third Subdivision for a distance of 35 feet, or 10.668 meters, to the southwest corner of Lot 1 in Valley View Second Subdivision; thence running east on the south line of Lot 1 in Valley View Second Subdivision and its east prolongation for a distance of 281.3 feet, or 66.538 meters, to the east line of Section 22, Township 11 North, Range 9 West of the 6th P.M., in Stuhr Road; thence running south on the east line of said Section 22 for a distance of 325 feet, or 99.06 meters, to the east prolongation of a line 150 feet, or 45.72 meters, south of and parallel to the south line of Oklahoma Avenue; thence running west on the prolongation of a line and on a line parallel to the south line of Oklahoma Avenue for a distance of 410.38 feet, or 125.084 meters, to the point of beginning, all as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. - C\:t Z 0::( -, SECTION 3. The following street in the district, shall be improved by paving, curbing, guttering, and all incidental work in connection therewith: Oklahoma Avenue from the west line of Short Street to the existing paving in Stuhr Road. Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the City and approved by the Mayor and Council. SECTION 4. The improvements.shall be made at public cost, but the cost thereof, excluding intersections, shall be assessed upon the lots and lands in the district specially benefited thereby, as provided by law. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, as provided by law. 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 the ordinance, notice of the creation of said district shall be published in the Grand Island Daily Independent, a legal newspaper published and of general circulation in said City as provided by law. Enacted January 24 t 1977 ATTEST: ~ ~ ~/ ity Clerk .. .... , ~ . ~ j' ~ b ~. ..~ ~ ~riJ , ~ 1'3 2 e I : : (4 . 2~4m) ci - - - - 3-2- - --.. _ ~ -7-6 - - Ere:- 1 ~~ 16'(4.S77m) EASEMEN I (21. 336m (IS.S98rfl) . I _ 218.3 (66.538m) I ~ 8'Y - - ~.o__ _ _ _9Q.~3__ -IoN - (2.438 )l24.384m) (27.533m) ~~ e ~ E 1- '{1. 02 - ~ ~ - 4 ~ ~ :g ~ I ~-~ v "I<) ~ - I-- I (21.336m) (21.336m) (24.384m) (27.539m) 70' 7. ' 80' 90.35' E IX) ~ -0 .ID ~ 40' 27' (12.1 92m)(8.230m) .1.. '<I '-' 'J ~ "~ ~ 16 6'(1.829m) EASEMENT EAST LINE OF SEC.22-1I- 9 OKLAHO A w AVE E ~o NtD 1<)0 O'i (J) - E IX) o q -v co - -g PT. OF N . BEGINNING I-..: (/) IS.288m) 60' 75 I (22.86Om I IE l 0 10~ I~.o 5 I~ I I I 1(22.860m) L_~__ i=---- - --41-&. 1 025.08 l 12 I I " 75 85.36 (22.860m) (26.018 m) ...... I I I I I i I ! I I I I ! i I I- I, I . ! " " I 8 - -0 N- ,...0 .o~ v )EASEMEN (22.860m) (26.024m) - -7:fJ. - - - - 8.'3.-3~ i -" >- liJ ..J ..J <( > 9 .. 14 rt) 40' 27' (12.192 m) (8.230m) ,/ ... EXHIBIT IIAII CITY OF GR AN 0 ISLAND, NEB. ENGINEERING DEPARTMENT. PLAT TO ACCOMPANY ORD. NO. 6097. PAVING D/ST. NO. 915 SCALEq"=IOO' D.L.J. 1114/77. . . ORDINANCE NO. 6098 An ordinance directing and authorizing the conveyance of part of Block 14, Lambert's Addition to the City of Grand Island, Hall County, Nebraska, and certain adjacent property; 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 thereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The conveyance to Lawrence Huwaldt, Gerald Jacobs, Constance R. Hansen, and Daniel Casey of Lots One (1), Two (2), Three (3), and Four (4), in Block Fourteen (14), Lambert's Addition to the City of Grand Island, and-the easterly forty (40) feet of the northerly one hundred thirty-two (132) feet of vacated Superior Street between 5th Street and 6th Street, is hereby authorized and directed. SECTION 2. The consideration for such conveyance shall be Four Thousand Three Iiundred Seventy-five Dollars ($4,375.00); conveyance of the real estate above described shall be by warranty deed, upon delivery of the consideration, and the City of Grand Island will furnish an abstract of title. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Daily Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the city clerk is hereby directed and instructed to prepare and publish such notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by legal electors of the City of Grand Island equal in number to thirty percent of the electors of the City of Grand Island voting at the last regular municipal election held in such City be filed with the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to the said Lawrence Huwaldt, Gerald Jacobs, Constance R. Hansen, and Daniel Casey, a warranty deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the city council. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted January 24, .1977 ATTEST: ~~4"{~~ AP~Eb O-~RM J~N 2 1 1977 LEGAL DEPARTMENT w..... . . 77- 002479 ORDINANCE NO. 6099 An ordinance directing and authorizing the conveyance of Lot 7, Block 10, Voitle'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 Ethel E. Perkins of Lot Seven (7), Block Ten (10), Voitle's Addition to the City of Grand Island, Hall County, Nebraska, is hereby authorized and directed. SECTTON 2. The consideration for such conveyance shall be $1,050.00. Conveyance of the real estate above described shall be by warranty deed, upon delivery of the consideration, and the City of Grand Island will furnish an abstract of title. SECTION 3. As provided by law, notice of such conveyance and the terms thereof'shall be published for three consecutive weeks in the Grand Island Daily Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the city clerk is hereby directed and instructed to prepare and publish such notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by legal electc.rs 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 against such conveyance be filed, the mayor and city clerk shall make, execute, and deliver to the said Ethel E. Perkins a warranty deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted MAH 7 1977 . ATTEST: ~ I{k~ 4~~.J City Clerk APP"S~FORM FEB 2 5 1977 LEGAL DEPARTMENT e . ORDINANCE NO. 6100 An ordinance creating Sanitary Sewer District No. 428 in the City of Grand Islani, 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 recording of this ordinance in the office of the Register of Deeds of Hall County, Nebraska; providing for the assessment of special taxes for con- structing such sewer and collection thereof; and to provide for the effective date thereof. BE IT ORDAINED BY THE MAYOR AM) COUNCIL OF THE CITY OF GRAM) ISLAND, NEBRASKA: SECTION 1. Sanitary Sewer District No. 428 of the City of Grand Island, Nebraska, is hereby created for the laying of an eight (8) inch vitrified clay pipe or an eight (8) inch polyvinal chloride plastic pipe, and appurtenances thereto. sEcTIorr 2. The boundaries of such sanitary sewer district shall be as follows: Beginning at the northwest corner of Lot 1 in Block 1 of West Bel Air Fourth-Addition; thence running south on the west line of Lot 1 in said Block 1 of West Bel Air Fourth Addition and on the south prolongation of said west line for a distance of 190.43 feet, or 58.043 meters, to the south line of LaMar Avenue; thence running west on the south line of LaMar Avenue for a distance of 160 feet, or 48.768 meters, to the northeast corner of. Lot 16 in West Bel Air Fifth Subdivision, being on the west line of Curtiss Street; thence running south on the west line of Curtiss street for a distance of 580 feet, or 176.784 meters, to the south line of DelMonte Avenue; thence running west on the south line of DeHlonte Avenue and on the south line of Lot 24 in West Bel Air Fifth Subdivision for a distance of 397.6 feet, or 121.188 meters, more or less, to the west line of West Bel Air Fifth Subdivision; thence running north on the west line of West Bel Air Fifth Subdivision for a distance of 770.62 feet, or 234.830 meters, more or less, to the northwest corner of West Bel Air Fifth Subdivision; thence running east on the north line of West Bel Air Fifth Subdivision for a distance of 556 feet, or 169.469 meters, more or less, to the place of beginning, 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 such sanitary sewer shall be taken and contracts entered into in the manner provided by law. SECTION 4. The cost of construction of such improvements shall be assessed against the property within the district abutting upon the easement or other right-of-way within which such sanitary .sewer main will be constructed within such sewerage district, to the extent of benefits to such property by reason of such improvement, and a special tax shall be levied at one time to pay for such cost of construction as soon as can be ascertained, as provided by law; and, provided further, such special tax and assessments shall constitute a sinking fund for the payment of any bonds with interest, issued for the purpose of paying the cost of such sewer in such district; such special assessments shall be paid and collected in a fund to be designated and known as a 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 bylaw. SECTION 6. That this ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deedr.'r~~l~n c1'~!lebraska. Enacted . APPRO~~~M JAN 2 7 1977 ~~ ident of the Council ~ .~ . C ty Clerk . LEGAL DEPARTMENT - t 556' (169.469m) ::!: 181 75 "e " - ~(55."""169m~ l'I't22.860m - -: - - - I ~-.o 5'( 1.524m EASE 16 ( .877m) E SEMENT I. fS O)~, ~ ~.~ (19.'~2 ,....01 3(0.914m}PED. e"_ ~~ <.~ 6'~ cri ~II I WAY 0\ ~ C?/S?>..I C : III ~ ~ I 0\- "(\.(E' (19.812m111 (22860m) rrl ~~ 31 65' II 1 75' _~ E I~ 6-1O -g~ LA I (35~94m)~ 1O !!i - -tt6:-"4'&- 5 23 I IOlB I (18.2~8m ,.... N(33.52 8m) I 60 ~ 110' E 0:> -g ~ DEL MONTE A~ ~ ~ '- - - 60' Ie 8'(2~38E (18.288m Iv m) .:;t C\l ~ EASEMENbl-C\l 0:>1 v 30 CT! 0:> C\l V ~ = 25 = 24 v ~ <:t'C\l PROPOSED ~ <t) " MAR h.: V) E 10 10 .v 10,.... C\l C\l 110 E '" 110 'b( 33.528m) I IO~ I ,....~ 17 I 16 C\i C\l E _ 10 vlO ,....10 C\i C\l I- =~ ------E -----0:> rrl '<t. C\l 5'( 1.524m) EASEMEllT E v 0:> I'-; 1O = ,.... = = ~ ~ (::) ~ E 10 VIO ,....~ C\l C\l E 10_ IOV 10"'" C\i C\l 10 5 I, ~-IO I (33.528m) N ,.... 110' ~ 397.6 (121.188m}::!: - DETENTION CELL SANITARY SEWER DIS1: NO.428. o 0:> 10 = I 60' (18.288 " 75 (22.86.::m) E E -rrl rrl 10- '<t v -CD 37 ~~ g~ 10 I. ai~-IO Q rrl- ~ (22.86;m) C 75' AVE E 0:> 0:> - C\l O. 1O.~ 160' h.: V) E v ~~ <:t C\l 2 V) V) ~ ~ ~ 6 E C\lv o:>~ <:t C\l ~I 7 ~ C\l (33.528";;;)1 110' EXHIBIT II A" CITY OF GRAND ISLAND,NE BR. ENGINEERING DEPARTMENT. PLAT TO ACCOMPANY ORD. NO. 6100. SCA L E:J "= 1'00' D.L.J. III1177{ . . ORDINANCE NO. 6101 An ordinance creating Water Main District No. 326 in the City of Grand Island, Nebraska; defining the boundaries of the district; providing for the laying of a water main in ,said district; providing for plans and specifications and securing bids; providing for the assessment of special taxes for constructing such water main; and providing the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Water Main District No. 326 in the City of Grand Island, Nebraska, is hereby created for the laying of a six inch water main. SECTION 2. The boundaries of such water main district shall be as follows: Beginning at the northwest corner of Lot 1 in Block 1 of West Bel Air Fourth Addition; thence running south on the west line of Lot 1 in said Block 1 of West Bel Air Fourth Addition and on the south prolongation of said west line for a distance of 190.43 feet, or 58.043 meters, to the south line of LaMar Avenue; ~hence running east on the south line of LaMar Avenue for a distance of 10 feet, or 3.048 meters, to the northeast corner of Lot 1 in West Bel Air Fifth Subdivision; thence running south on the east line of Lot 1 to Lot 9 inclusive in West Bel Air Fifth Subdivision for a distance of 750 feet, or 228.6 meters, to the north line of DelMonte Avenue; thence running west on the north line of DelMonte Avenue for a distance of 170 feet, or 51.816 meters, to the west line of Curtiss Street; thence running north on the west line of Curtiss Street for a distance of 170 feet, or 51.816' meters, to the south line of DelMonte Avenue; thence running west on the south line of DelMonte Avenue and on the south line of Lot 24 in West Bel Air Fifth Subdivision for a distance of 397.6 feet, or 121.188 meters, more or less, to the west line of West Bel Air Fifth Subdivision; thence running north on the west line of West Bel Air Fifth Subdivision for a distance of 770.62 feet, or 234.885 meters, mOre or less, to the northwest corner of West Bel Air Fifth Subdivision; thence running east on the north line of West Bel Air Fifth Subdivision for a distance of 556 feet, or 169.469 meters, more or less, to the place of beginning, as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the City who shall estimate the cost thereof, and submit the same to the City Council, and upon approval of the same, bids for the construction of such water main shall be taken and contracts entered into in the manner provided by law. SECTION 4. The cost of construction of such improvement shall be assessed against the property within such district abutting upon the street wherein such water main has been so placed to the extent of benefits to such property, not to exceed the laying of a six-inch water main, by reason of such improvement, and a special tax shall be levied at one time to pay for such cost of construction as soon as can be ascertained; and such special tax and .assessments shall constitute a sinking fund for the payment of any warrants or bonds for the purpose of paying the cost of such water main in such district; and such special assessments shall be paid and collected either in a fund to be designated and known as the Sewer and Water Extension Fund for Water Main District No. 326, or the Water Surplus Fund. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, as provided by law. SECTION 6. That this ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. FE l3 ~), 1 1977 Enacted A~~A:~~ _ City Cer APPrwY~l)S TO FORM . ~- a JAN 2 6 1977 LEGAL DEPARTMENT . _ _ _ !!!.I _ _ _ _ --, I r- 72. - (55.169m) 11'11 (22.860 ) r. I ' <t- E -II, 3(0.91 m} PED. WA />'c9~ (\J ~I 1 q/s,~..1 32 ~gl : I 33 ~ -II I 5'( 1.5 4m) EASEM NT ~ I ( 19.812 m) III1 (22.860m) 65' 75' . (\JI E ~~ u>1(Jl (JlO'i -I~ 31 E I I'-- - =:~ : (35~94"))~ - -++6.% - I 8'(2.438ml. I E EASE. E _ C\JIv v(\J rom ~co l..r ..r (\J (\J + I I-u> E\j to co : I ~ (35.643m) ;:!; 1_-lI~~- (\J r --- (\J I 5'(1.524m) u> EASEMENT o :1 I'-- I'-- I 27 26 (8) h.: V) 60' : (18.288m) E v (Jl- ~(\J v (\J ~ ~ ~ ~ LA 556'( 169.469m}:!: - ~ - t;~'(4.8 ~ MAR E co - co O(\J u> . co ~ 110 I E (33.528m) I tOO 1'--* 17 I (\J (\J E 0- u>tO co I'-- N (\J 16 E to_ tOV ~I'-- (\J (\J 5' ( I. 524 m) EASEMENT E ~~ 21 (\J (\J 110' (33.528m ~MATCH E 12 ~-v .1'-- (\J 110' ~ (33.528m LINE~ E lO VlO I'--lO (\J (\J : ~ ~--~ SHEET I OF 2. WATER MAl N DIST. 326 " - -- PT. OF ~.~ BEGINNING _ -15_ , ~~2.86~m) I (j"\ E -I<) \.:.I lOV ~Q lO. E 37 I'-:~I<)I<)Q ~- <:r:v ~ OO~ (Jl . ~ (22.860m) -~ 75' ~ 7m) EASEM AVE 1/IO'(3.048m) 110 I , 133.528m) E I co E (\J - co~ (\J .I:- co ~I .. ~ . u> ~ ~I . V) I E E_ct (\JV a: co(Jl ~~ (Jl (Jl - ..r . ..fl ..: N (\J I 60' "J L (l8.288m) : C 8'(2.438m) EASEMENT I ..J L&J m V) ~ ~ ~ I E I 0 Lo- 1= ~ r- I cxi (I) E E ~LLI ~(33.528 m~-f -; ~ N(Jl . lO ~ co. V ~ V (\J ,- (\J ~ 4 EXHIBIT "A" CITY OF GRANO ISLAND t NEBR. ENGINEERING DEPARTMENT. PLAT TO ACCOMPANY ORD. NO.6101. SCALE: I": 100' D.L.J. 1/18/77. e . l. i ':,.", . +1 (16'(4.877m e' EASEMENT It) I CXl ~ ~ CXl N E E- ..j- cnf~ v~ It) O'l N <i- . ....... IN (35.744m) V -C\l ....... 117. 27 ~ CD ci I ,... I ,... - -I I It... ~ ~. ~ lEE I ~ 24 -g;-C\l C\lCXlI~ O'lCXl V . 1~(35.844m) ~ "I 117.6'....... "-- .~ r&J ,iF .. '\ , : ~IE E 0 v- 0 O'l ~ IL! O'l CX) ~N 110' ....... I -....... o (33.528m) I ~ I: 6 I I MATCH 2 I /8' (2.438 m) . I.~I EASEMENT <33.528m) , I (33.528m) 110' I 110' ~ E (\IV CXlO'l O'l V N E 10 ~IO 60' ....N (18.288m ~ ~ E ~ 0 gs ~ 60' : PROPOSED 8'(2:438m)~ EASEMENT I: I l1:). I -I OJ ~I LIJ : ~.l m ..:: ~m ~~ .. ..j- V I ... .~ ~ ~II-' "cG I (I) f'\- N ~ I ~ ~~ 9 ~-~ ~ G ~t~3.528m) ~: :- ~ 11 0' ....... ) '- 170 (51.816m) ... ~: 397.6 (121.188m):: /1 DETENTION E co ~ in ....... .0 ,... CELL VACATED DEL MONTE DEL MONTE AVE AVE. .. ./ :.... E X H I B I T" A II I ... .J a: - . <to Q <I: CITY OF GRAND ISLAND, NEB. ENGINEERING DEPARTMENT. I I/Ia/77 . i PLAT TO ACCOMPANY ORD. NO.6101. SHEET 2 OF 2 WATER MAIN DIST. NO. 326 SCAlE:I": 100' D.L.i. . , i . . ORDINANCE NO. 6102 An ordinance creating street Improvement District No. 912; defining the boundaries of the district; and providing for the improvements of streets within the district by paving, guttering, and all incidental work in connection therewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 912 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at the northwest corner of Lot 1 in Block 1 of West Bel Air Fourth Addition; thence running south on the west line of Lot 1 in Block 1 of West Bel Air Fourth Addition and on the south prolongation of said west line for a distance of 190.43 feet, or 58.043 meters, to the south line of LaMar Avenue; thence running east on the south. line of LaMar Avenue for a distance of 10 feet, or 3.048 meters, to the northeast corner of Lot 1 in West Bel Air Fifth Subdivision; thence running south on the east line of West Bel Air Fifth Subdivision for a distance of 300 feet, or 91.44 meters, to a point 48 feet, or 14.630 meters, south of the northeast corner of Lot 4 in West Bel Air Fifth Subdivision; thence running west on a line parallel to and 300 feet, or 91.44 meters, south of the south .line of LaMar ~venue for a distance of 170 feet, .or 51.816 meters, to a point on the west line of Curtiss street, being 3 feet, or 0.914 meters, south of the northeast corner of Lot 12 in West Bel Air Fifth Subdivision; thence running north on the west line of Curtiss Street for a distance of 40 feet, or 12.192 meters, to a point on the west line of Curtiss street, being 37 feet, or 11.278 meters, south of the northeast corner of Lot 13 in West Bel Air Fifth Subdivision;. thence running west on a line parallel to and 260 feet, or 79.248 meters, south of the south line of LaMar Avenue for a distance of 110 feet, or 33.528 meters, to the west line of said Lot 13; thence running south on a line 110 feet, or 33.528 meters, east of and parallel to the east line of Doreen Street for a distance of 320 feet, or 97.536 meters, to the south line of DelMonte Avenue; thence running west on the south line of DelMonte Avenue and on the south line of Lot 24 in West Bel Air Fifth Subdivision for a distance of 287.6 feet, or 87.660 meters, more or less, to the west line of West Bel Air Fifth Subdivision; thence running north on the west line of West Bel Air Fifth Subdivision for a distance of 770.62 feet, or 234.885 meters, more or less, to the northwest corner of West Bel Air Fifth Subdivision; thence running east on the north line of West Bel Air Fifth Subdivision for a distance of 556 feet, or 169.469 meters, more or less, to the place of beginning, as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. The following streets in the district shall be improved by paving, curbing, gutter, and all incidental work in connection therewith. LaMar Avenue from the east line of West Bel Air Fifth Subdivision to the east line of Doreen Street, and in Doreen Street from its connection with LaMar Avenue to its connection with DelMonte Avenue at the east line of Doreen Street. Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the City and approved by the Mayor and Council. SECTION 4. The improvements shall be made at public cost, but the cost thereof, excluding intersections, shall be assessed upon the lots and lands in the district specially 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. 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 the ordinance, notice of the creation of said district shall be published in the Grand Island Daily Independent, a legal newspaper published and of general circulation in said City as provided by law. Enacted FEB ') 1 1q77 AP~L~S~RM JAN 2 6 1977 LEGAL DEPARTMENT PT. OF ~.IBEGINNING . " Q - - - (22.860m) ~ .877m) ... E ASEM E T E-,.., I,., :gv. --~ n... 37 ~ ~,..,~ CD ~- ,.., <t<t ~, ~ o~ V (22.860m) ~ ~ ;, 75' -+-BURLINGTON NORTHERN BELT LINE 556'(169.469m) :t f - - - (5~.\69m1,~ 1(2~~860m - ~ -- - _"-(,;( I ~ ~.-.J.\I I 3 (0.91 m) PED. W Y I '<9 E ~II ~E />0 6'~ 32 ~ '1,1 35 Wt ~ ./",,~..1 ~ ~.:I 5'(1.524 m) EASEME T mOl I -I~ (I9.812;):,I:(22.860m 65' I 75' I 31 E I ~-\D "\D t (35.494m) ~ L_ - +16:4~ - r I~ ~m I~ I~ 8'( 2\438mq EASEMENT<t _ 30 ~~ <t C\/ n.: +1 I " ~ I n.: E " 1t):1 ~ ~ I ::::i :; I C\/ I C\/ I """ ~ I ~ 0: '-' I'- I ~ I'- L ~ r Q:: 1 Q:) :1 , I J..... &J ~ : : LA ex> - ex> OC\/ \Doo MAR h.: V) E I() <tit) I'-~ C\/ C\/ I 110 E ~ I (33.528m)~ 0 \D- I I 16 ex> ~ I I N I C\/ ~I :, <t- C\/~ ~r 110 1 5 (33.528m) I I()\D 1'-: 17 C\/ 0; E-~ ex> 0 _ I'- 0 I'- C\/ ,.., (35.643m) 60' -H.s- ...g.4..... _ (18. 2 88 m ) E -r<) <t: ~ O'! g : ~ E E I() I() <tit) It)-'<t I'-~ '1111'- (:) C\/ C\/ C\/ C\/ ~ ~ 5' (1.524m) EASEMENT : ::t: Cl l4J <I) ~ ~ 1 I :~16' (4.877m) I EASEMENT , I :' , 1 ~ <I) 25 IE E C\/I~ 2 4 g; -C\/ ~Im mex> <f (35.844m) <f \ IC\/ 117.6' ~ : 20 E I o , ~~ 23 , C\i (33.528m)1 ~ 110' e- _ ex> DEL~~M NTE AVE , E o I 0 ~-It) I (33.528m) N I'- 110' ~ .... 287.6(87.660m):t J DETENTION 60' CELL (18.288m PROPOSED V) ~ ~ '-.) RR. I AVE ",--10' (3.048m) ~ h.: V) 110 ~(33.528mL. I ~ EEl ~ C\/ C\/ - C\/ C\/ ~ ex> ~ ~ cDl C\/ C\/ : @) E C\/'<t ex>(]) m <i ~ 3 170 (51.816m) c : ~ E U) C\/<t 7 1&1 ex>(]) m . <f C\/ 110' (33.528m) 1 ,- I EXHIBIT II A II CITY OF GRAND ISLAND, NEB. ENGINEERI NG DEPARTMENT. I PLAT TO ACCOMPANY , NO.6102. I' SCAlE:I": 100' D.L.J. PAVING DJST. .NO. 912 ORD. 1117/77. { . . ORDINANCE NO. 6203 An ordinance creating street Improvement District No. 913; defining the boundaries of the district; and providing for the improvements of streets within the district by paving, guttering, and all incidental work in connection therewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 913 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at the northeast corner of Lot 1 in West Bel Air Fifth Subdivision; thence running south on the east line of West BelAir Fifth Subdivision and the south prolongation of the east line of West Bel Air Fifth Subdivision for a distance of 930 feet, or 283.464 meters, to a point on the south prolongation of West Bel Air Fifth Subdivision, being 120 feet, or 36.576 meters south of the south line of DelMonte Avenue; thence running west on a line parallel to and 120 feet, or 36.576 meters, south of the south line of DelMonte Avenue for a distance of 170 feet, or 51.816 meters, to the south prOlongation of the west line of Curtiss Street; thence running north on the south prolongation of the we?t line of Curtiss Street for a distance of 115 feet, or 35.052 meters, to a point 235 feet, or 71.628 meters, south of the south line of DelMonte Avenue; thence running west on a line parallelID and 235 feet, or 71.628 meters, south of the south line of DelMonte Avenue for a distance of 220 feet, or 67.056 meters, to the south prolongation of Doreen Street; thence running north on the south prolongation and on the east line of Doreen Street for a distance of 555 feet, or 169.164 meters, to a point on the east line of Doreen Street, being 37 feet, or 11.278 meters, south of the northwest corner of Lot 20 in West Bel Air Fifth Subdivision; thence running east on a line parallel to and 260 feet, or 79.248 meters, south of the south line of LaMar Avenue for a distance of 110 feet, or 33.528 meters, to the east line of said Lot 20; thence running north on a line 110 feet, or 33.528 meters, east of and parallel to the west line of Curtiss Street for a distance of 260 feet, or 79.248 meters, to the south line of LaMar Avenue; thence running east on the south line of LaMar Avenue for a distance of 280 feet, or 85.344 meters, to the place of beginning, as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. The following streets in the district, shall be improved by paving, curbing, guttering, and all incidental work in connection therewith. Curtiss Street from LaMar Avenue to its connection with DelMonte Avenue at the east line of Curtiss Street; and DelMonte Avenue from Curtiss Street to the east line of West Bel Air Fifth Subdivision, and that part of DelMonte Avenue from Curtiss Street to its connection with Doreen Street at the east line of Doreen Street. Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the City and approved by the Mayor and Council. SECTION 4. The improvements shall be made at public cost, but the cost thereof, excluding intersections, shall be assessed upon the lots and lands in the district specially benefitted thereby as provided by law. SECTION 5. 'lhis ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, as provided by law. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 7. After passage, approval, and publication of the ordinance, notice of the creation of said district shall be published in the Grand Island Daily Independent, a legal newspaper published and of general circulation in said City as provided by law. FEB 2 1 1977 Enacted ATTEST AP~tJS~RM - JAN 2 6 J977 LEGAL DEPARTMENT - LA eJ 110 (33.52am) 60' tOE (lS.288m t- ~ 17 CD , 30 ~ ~ ~ - N E .~tO ~ t-~ c:\i o N lID '" A... (i;-_::_-~ ~ h: tI) ~ ~ CS ~ - E to to '<:t~ t--N ~ ~ 24 E CD t\I lD '" -= to r<"l N VACATED DEL MAR I I I I 1 1 I ~1 1 1 23 : 1 I 21 DETENTION CELL AVE 280'(S5.344m) Pl:OF BEGINNING 110 !33.52Bm) 60' E-U) (l8.288m 16 gt-- . ~ 110' I 'I ..J33.52Bm~ I E E.I C\/ C\/:g N C\/ CD CDI cd 101 '" C\/ - I I S'(2.438m) F EASEMENTI 'J. 15 ~ E- :gtt 10 N C\/ E ~ eft eft N N I I 19 :: 37'(ll. 278 m) I I ____ __~ J 1__ T 1 I I = = J.....: tI) 8'(2~38m) _ EASEMENT - II = ~- $ ~~~ t\I - ~ lID II! N- Nt- (33.52Bm/ liD' 9:)- =;j Gj 10 = AVE E ~ C\/~ 8 ,.IX) . '<:t ~ E t\I 2 I E" gr~ <\il C\/I ~ . Q Q C I I l r I I I I 1.1: I IS" I , . , l: OlD ","'= eft~ C\/ @ - MONT EAVE. DEL MONTE AVE f E _ CD ow lDN CD eJ. J..... ~ ~ 220 ( 67.056K .~ ~ I ~ Q;j E N to o -an 0 ari=~ ", ~ hj 2 J -. 170 (51-816m) - E lD t--_ 100 oc\/ lD_ ", ~ ~) ~. ~<:) ~ EXHIBIT IIAII CITY OF GRAND ISLAND, NEBR. ENGINEERING DEPARTMENT. D.L.J. J 1/13/77. I I PLAT TO ACCOMPANY ORD. , NO. G 103. l PAVJNG D151: NO. 913 SCALEqU.IOO' .-,-."'di':\.. ORD INANCE NO. 6104 An ordinance to dedicate and open the street known as Kingswood Drive in the City of Grand Island, Nebraska; to provide for the recording . of this ordinance; and to provide the effective date hereof. BE IT ORDAINED BY THE MAYOR .AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the street platted as Riverview Drive in Roush Subdivision, and changed to Kingswood Drive by Ordinance No. 4903, is hereby dedicated to the public as a street, and shall be opened and maintained as other streets in the City. SECTION 2. This ordinance is hereby directed to be filed in the office of the Register of Deeds of Hall County, Nebraska: SECTION 3. This ordinance shall be in force from and after its passage, approval, and publication within fifteen days in one issue of the Grand Island Daily Independent, as by law provided. Enacted FEB 2 11977 ATTEST: ~~$--' . A~;EO~ TMORM /. y L~-, . FES 1 1977 _ 1 LEGAL DEPARTMENT . . ORDINANCE NO. 6105 An ordinance to vacate part of an alley in Stehr Subdivision in the City of Grand Island, Nebraska, conditioned upon the reservation of a public utilities easement being the entire part of the alley vacated; and to provide the effective date hereof. BE IT ORDA:rnED BY TliE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAl'ID, NEBRASKA: SECTION 1. The sixteen (16) foot, or 4.877 meters, wide alley lying between the east line of Lot Ten (10) in Stehr Subdivision and the east line of Stehr Subdivision, from the east prolongation of the. south line of Lot "A" in the Subdivision of Lot Ten (10) in Stehr Subdivision as shown on the drawing in Folder No. 60 of Cabinet No.2 in the Register of Deeds office, Hall County, Nebraska, to the southerly right-of- way line of U.S. Highway No. 30, being one hundred sixty-nine and five-tenths (169.5) feet, or 51.664 meters, in length, along the east line of said.Lot "A", be, and hereby is, vacated; provided and conditioned, that said City hereby reserves for the public said vacated part of said alley as a public utilities easement to be used to construct, operate, maintain, repair, replace, and remove overhead and underground electric utility lines, poles, transformers, sanitary sewer mains, water mains, telephone lines, gas lines, manholes, and other appurtenances connected therewith, in, upon, over, underneath, and though said described area which shall include the entire area of said alley being vacated by this ordinance, together with the right of ingress and egress through and across the easement area for the purpose of exercising the rights herein reserved, as shown on Exhibit "A" attached hereto and made a part of this ordinance and dated 2/2/77. No improvements, structures, or buildings of any kind whatsoever shall be allowed in or upon the easement area retained unless they meet with the approval of the City. SECTION 2. Subject to the public utilities easement reserved, the title to the alley vacated by Section 1 of this ordinance shall revert to the owner or owners of the lots or lands abutting the same on the west side of said vacated alley in proportion to the respective ownerships of such lot or grounds. SECTION 3. That this ordinance with the plat thereof is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted FE 8 2 1 19}7 ;Y4~, C ty Clerk A~-R2YZ)~FORM FEB 2 1977 LEGAL DEPARTMENT . Ie -I E. E ~~ 010 SUBDIV'ISION OF LOT fO ~ i IN STE HR SUBDIVIS ION - 1 AS SHOWN ON THE Fg DRAWING IN FOLDE R NO. ~-' 60 OF CABINET 21N N ~ THE REGISTER OF DEED~ I OFFI E HALL COUNTY, N \J.S . ~ \.. -( ~~~ ~o\j ..J 'II f>. 1 \l.S' tllGP c~ P \,\~tf, \QIQJz.7..~_ ... _ I "';)1,. <Xl 10 "" C. E' l")' ~. l") C\.I C\.I B ~'C\.I 10- ,- - 1tiC! 0- ~(29.367ml ~ 96.35' c II K N 6 7 ~ 8 g(2.743m) " PROPOSED 161' (4.877ml 1--- I I STR E E t A ~ ~ 16'1 ('4. 877m): I I I EAST LINE OF STE HR SUB. ( : (.1 0:1 . t; I I . LIJ I: ~ I I: -\ E I' t- ~I C\.I I :!: ~. -.l, LIJ I M 1\\1....)- (/)1 ~ 1 LIJ <l' IE I ...J LIJ I'- ...J-I <l' E <Xl -10 0 1 . C\I ~ I 10 1 t: I e-' 101 9 10 C\I * ~ I I ~i tl ~ I 16' ASEMENT,. (4. 87'~ml ~ I L . LOT I ~ @) SE I 25.(1.620 m) EASEMENTS I ELECTRIC I LEGEND :;,................,....., PART OF ALLEY . VACA TED BY ORO. NO.6105. ELECTRIC EASEMENT EXHIBIT" A" CITY OF GRAND ISLAND, NEBR. i ENGINEE RING DEPARTMENT. I I PLAT TO ACCOMPANY o RO-:-! . NO. 6105. r SCALEr ,"= 100' O.L.J. 2/2/77.] e. e ORDINANCE NO. 6106 An Ordinance: Classifying the officers and employees of the City of Grand Island, Nebraska; fixing the ranges of compensation of such officers and employees and the effective date hereof; fixing the hours of work time certain officers and employees shall work each week; providing for quarterly payments of clothing allowances to uniformed services; repealing Ordinance No. 5988 and all other ordinances in conflict with this ordinance; providing for severability; providing for the effective date thereof; and providing for publication of this ordinance in pamphlet form. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The classification of officers and employees of the City of Grand Island, Nebraska, and the ranges of compensation (salary and wages) to be paid for such classification, and the number of hours which certain such officers and employees shall work each week are as follows: APPRQYEPIA. S JO FORM ~. . )[( 1976-1977 SALARY SCHEDULE PAY GRADES AND RANGE RATES FEB 7 1911 LEGAL DEPARTMENT CLASS PA Y GRADE RANGE HOURS 17 840 - 1181 40 5 476 - 629 40 9 572 - 802 40 21 1023 - 1433 Unlimi ted 24 1181 - 1658 Unlimi ted 9 566 - 802 40 16 738 - 1127 40 9s 586 - 763 !-f0 IDs 605 - 793 40 15 763 1073 40 25 1242 1742 Unlimi ted 19 927 - 1300 40 19 927 - 1300 40 21 1023 - 1433 Unlimi ted 17 841 - 1181 40 19 927 - 1300 Unlimited 5 477 - 629 40 7 520 - 726 40 19 927 - 1300 Unlimi tad 23 1127 - 1580 Unlimi ted 18 884 - 1242 40 1281 - 2450 Unlimited 2083 - 3000 Unlimi ted 5 477 - 629 40 7 520 - 726 40 Accountant Account Clerk I Account Clerk II Administrative Assistant I Administrative Assistant II Administrator I Administrator II Ambulance Attendant I Ambulance Attendant II Asst. Cemetery Superintendent Assistant City Attorney Assistant Engineer Maint. Supt. Assistant Water Superintendent Attorney I Building Inspector I Business Manager Cashier I Cashier II Cemetery Superintendent Chief Building Official Chief Power Dispatcher City Attorney City Manager Clerk II Clerk III 1 Ordinance No. 6106 (Cont.) . Clerk Steno I Clerk Steno I! Clerk Steno II! Clerk Finance Director Clerk Typist I Clerk Typist I! Clerk Typist II! Communications Operator I Community Dev Coor - Rehab. Community Dev Co or - Real Estate Community Dev Director Community Dev Technician Custodian I Custodian I! Deputy Clerk-Finance Director Deputy Fire Chief Deputy Police Chief Director of Utilities Operation Distribution Superintendent-Elec. Electrical Inspector Engineer Aide I Engineer Aide I! Engineer Aide III Engineer Aide IV Engineer Assistant I Engineer Assistant II Engineer I Engineer I! Engineer I I! Engineering/Maint. Supt. Equipment Mechanic I Equipment Mechanic II Equipment Operator I Equipment Operator II Fire Chief Firefighter Fire Captain Fire Lieutenant Fire Marshal Fire Training Officer Foreman I Foreman I! Golf Course Superintendent Golf Pro Groundman Housing Inspector I Laboratory Technician I Laboratory Technician II Laboratory Technologist Landfill Attendant Legal Steno I Legal Steno I! Line Crew Chief Line Foreman Lineman Apprentice Lineman First Class Lineman Second Class Maintenance Man I Maintenance Man II Maintenance Man/Operator Maintenance Man III Maintenance Supt. Maintenance Mechanic I Maintenance Mechanic II Meter Reader I Meter Reader II Meter Reader Supervisor Meter Technician I Meter Technician II Meter Superintendent Parks and Recreation Director Park Maintenance Man . 6 8 10 3 5 7 8 21 21 13 6 8 23 21s 22s 24 17 10 12 14 16 15 18 21 24 27 24 12 16 10 12 12s 18s 15s 20s 20s 15 18 21 21 11 15 11 15 19 8 7 10 20 22 12 19 15 10 12 13 14 24 13 16 10 12 15 10 13 22 10 498 - 659 546 - 763 602 - 841 1432 - 2015 433 572 476 - 629 520 - 726 574 - 733 1023 - 1433 1023 - 1433 1600 - 2250 693 - 975 499 - 659 515 - 726 1126 - 1580 1180 - 1433 1241 - 1504 2100 - 2900 1181 - 1658 840 - 1181 602 - 802 658 - 928 725 - 1023 801 - 1127 762 - 1073 884 1242 1022 - 1433 1180 - 1658 1365 - 1920 1180 - 1658 658- 928 801 - 1127 602 - 844 708 - 967 1300 1800 647 - 928 846 - 1242 738 - 1023 1127 - 1365 1127 - 1365 762 - 1073 884 - 1242 1022 - 1433 1022 - 1433 546 - 841 762 - 1073 628 - 841 763 - 1073 927 - 1300 546 - 726 520 - 726 603 - 841 820 - 1365 1072 - 1504 588 - 928 785 - 1300 687 - 1073 577 - 801 619 - 928 693 - 975 702 - 1023 1180 - 1658 693 - 975 771 - 1127 578 - 841 619 - 928 762 - 1073 602 - 802 647 - 975 1072 - 1504 1450 - 2000 577 - 802 40 40 40 Unlimi tad 40 40 40 40 Unlimi ted Unlimi ted Unlimi ted 40 40 40 Unlimited Unlimi ted Unlimi ted Unlimi tad 40 40 40 40 40 40 40 40 Unlimi tad Unlimi tad Unlimi ted 40 40 40 40 40 Unlimi ted 56 56 56 Unlimi ted Unlimi ted 40 40 Unlimi ted Unlimi ted 40 40 40 40 40 40 40 40 '~O 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 Unlimi ted 40 "'1 ;;- t- Ordinance No. 6106 (Cont.) e. Parking Attendant Park Superintendent Personnel Director Personnel Technician Planning Director Plant Maint Supt - Power Plant Operator I - Power Plant Operator II - Power Plant Operator I - WPCP Plant Operator II - WPCP Plant Operator Chief - WPCP Plant Superintendent - WPCP Plant Superintendent - Power Plumbing Inspector Police Captain Police Chief Police Detective Police Officer Police Officer - Auxiliary Police Sergeant - Auxiliary Police Lieutenant - Auxiliary Police Lieutenant Police Sergeant Power Dispatcher I Power Dispatch~r Technician Power Plant Supt.-Asst. Production Superintendent Public Works Director Recreation Superintendent Street Superintendent Storekeeper/Buyer Stores Supervisor Tree Trimmer Foreman Utilities Engineer IV Utility Worker I/Laborer Utility Worker II Water Superintendent Wireman I Wireman II 6 20 20 14 19 10 12 18 22 23 17 208 148 138 18s 16s 14 15 21 25 23 22 15 17 17 31 7 9 22 14 17 9 498 - 659 975 - 1365 1500 - 2100 572 - 802 20160 975 - 1365 702 - 1023 771 - 1300 602 - 802 658 - 928 884 - 1242 1072 - 1504 1126 - 1580 840 - 1181 884 - 1365 1400 - 2000 708 - 1023 681 - 975 3.44/hour 3.73/hour 4.10/hour 811 - 1242 738 - 1127 702 - 1023 762 - 1073 1022 - 1433 1241 - 1742 2100 2900 1126 - 1580 1072 - 1504 762 - 1073 636 - 1181 840 - 1181 1657 - 2334 520 - 694 537 - 763 1072 - 1504 725 - 1023 840 - 1181 40 40 Unlimi ted 40 Unlimi ted 40 40 40 40 40 40 Unlimited 40 40 40 Unlimi ted 40 40 40 40 40 40 40 40 Unlimi ted . Unlimited Unlimi ted 40 40 40 Unlimi ted 40 40 40 40 40 SECTION 2. All full-time Police Officers and Parking Attendants shall be paid a clothing and uniform allowance which shall be paid quarterly, in addition to the regular salary to which such employees are entitled. The range of this allowance is $20-$30 per month. All full-time Firefighters shall be paid the su~ of $20 per month, to be paid quarterly, for clothing and uniform allowance, which shall be in addition to the regular salary to which such employees are entitled. If any such Firefighter, Police Officer or Parking Attendant shall resign, or his or her employment be terminated for any reason whatsoever, he or she shall be paid clothing allowance on a pro-rata basis, but no allowance shall be made for a fraction of a month. SECTION 3. The validity of any section, subsection, sentence, clause, e or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause or phrase thereof. SECTION 4. Ordinance No. 5988 and all other ordinances and parts of ordinances in conflict herewith, be, and the same are, hereby repealed. " Ordinance No. 6106 (Cont.) e. SECTION 5. The salary ranges set forth in this ordinance shall be effective for the pay of City employees as of January 31, 1977. SECTION 6. This ordinance shall be in full force and take effect from and after its passage and publication in pamphlet form by the City Clerk. Enacted FEB 2 1 1977 ATTEST: 4K~/-d~JI1 City Clerk e . . ORDINANCE NO. 6107 An ordinance creating street Improvement District No. 916, defining the boundaries of the district; providing for the improvement of a street within the district by paving, guttering, and all incidental work in connection therewith; and to provide for an effective date of this ordinance. BE IT ORDAINED BY THE l4AYOR AND COuNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 916 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at a point on the south line of Westside street and 284.975 feet, or 86.860 meters, west of the west line of Hancock Avenue; thence running east on the south line of Westside Street and its east prolongation for a distance of 644.975 feet, or 196.588 meters, to a point 300 feet, or 91.440 meters east of the east line of Hancock Avenue; thence running south on'a line parallel to and 300 feet, or 91.440 meters, east of the east line of Hancock Avenue for a distance of 931.91 feet, or 284.046 meters, more or less, to a point on the east prolongation of the north line of l6t~ Street; thence running west on the east prolongation of the north line of 16th Street and on the north line of 16th street for a distance of 507.675 feet, or 154.739 meters, to a point 147.675 feet, or 45.011 meters, west of the west line of Hancock Avenue; thence running north on a line parallel to and 147.675 feet, or 45.011 meters, west of the west line of Hancock Avenue for a distance of 320 feet, or 97.536 meters, to the north line of 17th Street; thence running west on the north line of 17th Street for a distance of 137.3 feet, or 41.847 meters, to a point 284.975 feet, or 86.860 meters, west of the west line of Hancock Avenue; thence running north ona line parallel to and 284.975 feet, or 86.860 meters, west of the west line of Hancock Avenue for a distance of 613.885 feet, or 187.112 meters, to the point of beginning, all as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. The following street in the district, shall be improved by paving, curbing, guttering, and all incidental work in connection therewith: Hancock Avenue from the north line of 16th Street to the south line of Wests ide 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 city council. SECTION 4. The improvements shall be made at public cost, but the cost thereof, excluding intersections, shall be assessed upon the lots and lands in the district specially benefited thereby as provided by law. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, as provided by law. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of.the Register of Deeds, Hall County, Nebraska. SECTION 7. After passage, approval, and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Daily Independent, a legal newspaper published and of general circulation in said City, as provided by law. FEB 2 1 197"'/ Enacted .ATTEST:~~4 '. City Clerk AP~tf lr-ORM FEB 4 1977 LEGAL DEPARTMENT /' 644.975'( 196.588 m) _ _ \~5~7~6~~m) ------1 I , I I 1...\1 I~I I~l 1~~16'(4.877m) 141 IlLJ I I I ft. I I ' \'''';'1 I 14.'\ I 'g' ~~. c:>> I I I I 4m) (9.1 4m) I I 30' 30'... 300'(91.440m) U) - .... .... o :c a:: 1&1 I- U) 1&1 ~ \ (I8.898m) , F'''- . E- -10 9 0..,. 10- .,f @ .! (I8.898m) (19.922m) \I 62' 65.36' ""t 147.675' E'" Sr: (45.011 m) lB.o . NIO oS ..... 137.3 (41.849m) 17th nd 59 63.19 (f7.983m) (I9.260m) E 5 10-10 ~..,. .,f- ..,. E 2 10-10 ~s: .,f v 6'O.a 4 SUB. (I7.983m) 08.681 m) - -59'- - &f-:2 - - - .~ --97.r9~ 9m)EASEMENT (15. 9~9m) (29.654m)..- E ..- '6' S B N. ~- ~ .6 ~ ~ 1010 rt'l 0- .... ~ - (15 .949m) (29,p63m) .(9.1 .... ~ 52.325' 95.35' C 147.675 (45.0Ilm) a'(2!43 lIt ." '.) ~ 16th sr: 507.675' (154. 739m) PAVIN G. ,DIST. NO. 916 ) ... ~ VILLAGE 4th _ _ SUB. _ _ _c.8~2.~3~m~EAs:. ENT ~I e 10 ..,. o o:t ClO N - a; ",.\1 It. CE>. - rt'l en @> ......; ) EXHIBIT "A" CITY OF GRAND ISLAND. NEB. ENGINE E R I N G DEPARTMENT.'"" PLAT TO ACCOMPANY ORD. NO. 61 07. SCALE: 1".100' D.L.J. 21S17tl . :e ~ o ,..... t- O"> - . ORDINANCE NO. 6108 An ordinance to amend Section 15-50 of the Grand Island City Code pertaining to junked autos and auto parts; to provide a penalty; to repeal the original section; and, to provide the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Section 15-50 of Chapter 15 of the Grand Island City Code be amended to read as follows: "Sec. l5~50. JUNKED AUTOS AND AUTO PARTS. It shall be unlawful to deposit, park, place, permit to remain, store or have any motor vehicle, or parts thereof or portions therefrom, which are in a rusted or wrecked or/junked or partially dismantled, or inoperative or abandoned condition, whether attended or not, or for the owner of any vehicle, or the owner of occupant of any property to allow, permit, or suffer the same to be left on any property unless the same be authorized in conjunction with a business properly operated t- Z ..... :i ..... ~ fu Q ...J C3 IJJ .... pursuant to and in compliance with all applicable provisions of the Grand Island City Code, or unless such vehicle is located entirely within an enclosure or garage. A motor vehicle which does not have affixed thereto a valid current Nebraska Motor Vehicle License, together with a valid and current State Certificate of Inspection .as required by applica~~e Nebraska Statutes, or which is incapable as a result of alteration to have affixed thereto said license or certificate of inspection, will be presumed to be junked, inoperative , or abandoned within the terms of this ordinance." SECTION 2. Any person violating the provisions of Section 1 of the Ordinance shall, upon conviction, be deemed guilty of a mis- demeaDor and punished as provided in Sec. 1-7 of the Grand Island City Code. SECTION 3. That Sec. 15-50 as heretofore existing, be, and hereby is, repealed. SECTION 4. This Ordinance shall be in force and take effect from and after its passage, approval, and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. H 8 2 1 18/7 Enacted e CouncJ.l ATT~~~~/ ...City Cle ___________~__ ...___ - _u ____. -._ . ____un_ . 'l.tf.... ..~..",.I ''''~....., . ORDINANCE NO. 6109 An ordinance creating street Improvement District No. 917; defining the boundaries of the district; providing for the improvement of a street within the district by paving, guttering, and all incidental work in connection therewith; and to provide for an effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 917 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at a point on the south line of Anna Street and 132 feet, or 40.234 meters, west of the west line of Ingalls street; thence running west on the south line of Anna Street for a distance of 455.5 feet, or 138.836 meters, to the east right-of-way line of ~he st. Joseph Branch of the Union Pacific Railroad;. thence running north on the east right-of-way line of the st. Joseph Branch of the Union Pacific Railroad for a distance of 694 feet, or 211.531 meters, to the west prolongation of' the north line of' Louise street; thence running east on the west prolongation of the north line of' Louise street and on the north line of Louise street for a distance of 454.5 feet, or 138.532 meters, more or less, to the north prolongation of a line 132 feet, or 40.234 meters, east of and parallel to the east line of Curtis street; thence running south on the north prolongation of a line and on the line 132 feet, or 40.234 meters, east of and parallel to the east line of Curtis street and on the south prolongation of said line for a distance of 694 feet, or 211.531 meters, to the south line of Anna street, being the point of beginning, all as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. The following street in the district, shall be improved by paving, curbing, guttering, and all incidental work in connection therewith: Curtis Street from the south line of Louise Street to the south line of Anna 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 city council. SECTION 4. The improvements shall be made at public cost, but the cost thereof, excluding intersections, shall be assessed upon the lots and lands in the district specially benefited thereby as provided by law. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, as provided by law. SECTION 6. This ordinance with the plat is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 7. After passage, approval, and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Daily Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted MJ\H 7 1CJ77 ("'"' ~~""~.~~ City er . LEGAL DEPARTMENT ORDWANCE NO. 6110 An ordinance levying a special tax to pay the cost to the City of cutting, destroying, and removing weeds and other rank and noxious vegetation, pursuant to Sections l5-45 and l5-49 of the Grand Island City Code upon . certain lots, tracts, and parcels of land; providing for the collection thereof; and repealing ordinances or parts of ordinances or provisions in the Grand Island City Code in conflict herewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA : SECTION l. A special tax is hereby levied for the cost of cutting, destroying, and removing weeds and other rank and noxious vegetation upon the hereinafter described lots, half lots, tracts, and parcels of land in proportion to the special benefits to suCh real estate as determined and assessed by the city council sitting as a Board of Equalization after due notice thereof, in the following amounts: ~ LOT ADDITION AMOUNT Bonnie L. Gilpin G. L. Evans Donald Lonowski l55 Lot 2 and w. 40' Lot 8 4 and 7 Buenavista Grace Lutheran Island Acres 8 $22.00 $l6.00 $25.00 SECTION 2. Such special tax shall be due and payable to the City Treasurer thirty days-after such levy and shall become delinquent fifty days after suCh levy and shall bear interest at the rate of seven per cent per annum from the date they become delinquent, and the same shall be collected in the same manner as other city taxes. SECTION 3. Such speciall taxes shall be collected by the clerk-finance director of the City of Grand Island, Nebraska as provided by law. SECTION 4. SuCh special taxes, if not previously paid, shall be certified to the county clerk at the same time as the next certification for general revenue purposes. SECTION 5. SuCh special taxes, when received, shall be applied to reimburse the Engineering Department Account No. l2l-6307, from which the cost of suCh improvement was paid. SECTION 6. All ordinances or parts of ordinances or provisions in the Grand Island City Code in conflict herewith, be, and the same are, hereby repealed. Enacted FEB 2:t '9T# r ATTEST: If')(~~/ City Clerk . AP~(f FORM FEB 11 1977 LEGAL DEPARTMENT J J II - . . ORDINANCE NO. 6111 An ordinance pertaining to zoning the City of Grand Island, Nebraska; changing the classification from Low Density Residential Zone (R2) to Low Density Residential-Mobile Home Zone (R2-M) of a certain tract of land comprising of Lot 2, Beck Subdivision, and part of Lots 2 and 3 in Garrett's Subdivision in the City of Grand Island, Hall County, Nebraska; directing that such change and reclassification be shown on the official zoning map of the City of Grand Island, Nebraska; and amending the provisions of Section 36-7 to conform to such reclassification, WHEREAS, the Regional , Planning Commission on February 2, 1977, recommended approval of the proposed zoning of such area; and WHEREAS, notice as required by Section 79-4, 151, R.R.S. 1943, has been given to the Board of Education of School District.No. 2 in Hall County, Nebraska; and Wli~TlEAS, after public hearing on February 21, 1977, the City Council found and determined that the change in zoning be approved and granted; BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the following described real property, located in the City of Grand Island, Hall County, Nebraska, to wit: Plat of a tract of land comprising all of Lot Two (2), Beck Subdivision; and part of Lots Two (2) and Three (3), Garretts Subdivision in the City of Grand Island, Nebraska, more particularly described as follows: Beginning at the southeast corner of said Lot Two (2), Beck Subdivision; thence westerly along the south lines of said Lot Two (2), Beck Subdivision, and Lot Two (2), Garretts Subdivision a distance of Seven Hundred Fifty Nine and Fifty Five Hundredths (759.55) feet, to the northeasterly right-of-way line of the Burlington Northern Railroad; thence northwesterly along said railroad R.O.W. line, a distance of Four Hundred Thirty Three (433.0) feet; thence northerly parallel to the east line of said Lot Two (2), a distance of Ninety Two and Six Tenths (92.6) feet, to the north line of said Lot Two (2); thence we.sterly along the north line of said Lot (2), a distance of Fifty (50.0) feet, to said railroad R.O.W. line; thence northwesterly along said railroad R.O.W. line, a distance of Four Hundred Thirty Four and Two Hundredths (434.02) feet, to the north line of said Lot Three (3); thence easterty along the north line of said Lot Three (3), a distance of One Thousand Ninety Five and Three Tenths (1,095.3) feet; thence southerlY.parallel to the east line of said Lot Three (3), a distance of One Hundred Eighty Nine and Five Tenths (189.5) feet; thence westerly parallel to the north line of said Lot Two (2), a distance of Ninety Two (92.0) feet; thence southerly parallel to the east line of said Lot Three (3), a distance of One Hundred Fifty Nine and Sixty Five Hundredths (159.65) feet; thence easterly parallel to the south line of said Lot Three (3), a distance of Two Hundred Sixty One (261.0) feet, to the east line of said Lot Three (3); thence' southerly along the east line of said Lots Two (2) and Three (3), a distance of One Hundred Thirty One (131.0) feet; thence westerly parallel to the north line of said Lot (2), a distance of Two Hundred Sixty One (261.0) feet; thence southerly parallel to the east line of said Lot Three (3), a distance of Two Hundred Ninety Two (292.0) feet, to the northwest corner of' said Lot Two (2), Beck Subdivision; thence easterly along the north line of said Lot Two (2), a distance of Two Hundred Twenty One (221. 0) feet, to the northeast corner of said Lot Two (2); thence southerly along the east line of said Lot Two (2), a distance of Eighty (80.0) feet, to the place of beginning and containing 16.611 acres more or less, be, and the same is, hereby rezoned and reclassified and changed to Low Density Residential-Mobile Zone (R2-M) classification. SECTION 2. That the offic~al zoning map of the City of Grand Island be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That the finding and recommending of the Regional Planning Commission, and of the City of Grand Island, is hereby accepted, adopted, and made a part of this ordinance. - 1 - .. . ORDINANCE NO. 6111 Cont'd. SECTION 4. That Section 36-7 of the Grand Island City Code, and all ordinances and parts of: ordinances in conflict herewith, are hereby amended to reclassify such above described area as herein ordered and determined. SECTION 5. That this ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of: the Grand Island Daily Independent. Enacted <"'I, r, '1C07 ATTEST: ~-~-~ i ty Clerk . APP5~EUS~ORM MAR 4 1977 LEGAL DEPARTMENT . - 2 - . . ORDINANCE NO. 6112 An ordinance to vaca.te a part of 9th street in the City of Grand Island, Nebraska, conditioned upon the reservation of a public utility easement; and to provide the effective date hereof. WHEREAS, this Council after public hearing on February 21, 1977, determined such street should be vacated, conditioned upon reserving an easement. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF Gfu'\.ND ISLAND, NEBRASKA: SECTION 1. That a portion of Ninth (9th) street, beinG sixty (60) feet in width from a straight line seventy-six and one-tent}: (76.1) feet, or 23.195 meters, in length joining the southwesterly corner of Block Seven (7) in Pleasant Hill A.ddition, and the northwesterly corner of Block One (1) in Lanibert's Addition, being the easterly line of Beal Street, to a straight line sixty-six and five-tenths (66.5) feet, or 20.269 meters, in length joining the northeasterly corner of Block Seven (7) in Pleasant Hill Addition and the northeasterly corner of Block One (1) in Lambert's Addition, being the westerly line of Evans Street, all in the City of Grw1d Island, Nebraska, be, and hereby is, vacated; provided, and conditioned, that the City of Grand Island, Nebraska, hereby reserves for the public a 11tility easement as follows: Public utility Easement Reserved: That part of said vacated Ninth (9th) street, being forty-three and five-tenths (43.5) feet, or 13.259 meters, in width, the southerly line of which is forty-eight (48) feet, or 14.63 meters, southerly of and parallel to the northerly line of said 9th Street, from the easterly line of Beal street to the westerly line of 1'v&~s Street. The utility easement is reserved to construct, operate, maintain, extend, repair, replace, and remove water mains and storm drainage lines, in, upon, over, underneath, and through said utility easement, together with the right of ingress and egress through and across the utility easement for the p1lYpose of exercising the rights herein granted. No improvelnents, structures, or buildings of any kind whatsoever shall be allowed in, upon, or over the utility easement herein retained. The foregoing portion of vacated 9th street, including the public utility easement reserved, contains 1,635 square feet, or 1,518.915 square meters, more or less, all as shown on the drawing marked Exhibit "A" dated 3/7/77 attached hereto and incorporated herein by reference. SECTION 2. That the title to the street vacated by Section 1 of this ordinance shall revert to the owner or owners of lots or lands abutting the same in proportion to the respective ownerships of such lots or grounds. SECTION 3. That this ordin&~ce is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SEC1'ION 4. This ordin9.nce 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, without the plat, as provided by law. II '[Ii n I; ~9-7 7 Enacted " J, i {., ( I, . ATTEST: :1.'~ esident of the Council LEGAL DEPARTMENT """',1, 1 -~!"""S~SL-l- ~~ .- c,~ \ ~~ \. 9 6 h.: (/) 8 7 " 11th 4 e co co - N O. co~ S7: '~. 3 S) ~-<.., '-J 2 ~' ~ , " It) C\I ..... ~ S)- t:t-~ ,c, <f ~ . ~<Q Vt:t- t. ..0: LEGEND ~\\\\\\1 W////d ~ .... PORTION OF STREET VACATED. EXHIBIT II All PUBLIC UTILITY EASEMENT RESERVED. CITY OF GRAND ISLAND. NEBR. ENGINEER I NG DEPARTME NT. I ~~~T6Ii~ ACCOMPANY ORD~-l l S.cALEsl". 50' D.L.J. 3/16/7?: . . ORDINANCE NO. 6113 An ordinance pertaining to tho 801oction, planting, maintenance and removal of tre8S within the public right-of-way; to provide for minimum spacing, location, area requirements and minimum size of soodlings; to recommend the variety of trees which may be planted within such right-of-way and to prohibit other species; to provide for a permit system for planting and removal of trees within such right-of-way, to provide for the effective date thereof and to provide for the publication of this ordinance in pamphlet form. BE IT ORDAINED by the mayor and Council of the City of Grand Island, Nebraska; SECTION 1. That this ordinance shall be known as the Grand Island Street Tree Ordinance. SECTION 2. That the mayor and Council hereby determine that: the selection, planting, maintenance and removal of trees within the public right-of-ways in the City of Grand Island substantially effects the degree of pedestrian and vehicular safety, the location and maintenance of utility services, tree main- tenance costs, .the incidence of tree diseases, and the general appearance and beautification of the city; that removal of trees due to disease, private devel- opment, or public works improvements has resulted in a loss of their important contribution.to man and his environment; therefore, it is hereby found that such selection, planting, maintenance and removal of trees in public right-of- way are a community conce~n over which the city must exercise the control set forth in this ordinance. SECTION 3. That although the abutting property owners have the primary responsibility of planting, maintaining and removal of the trees within that portion of the public right-of-way known as the parking or terrace that the city shall'recommend the variety and location of trees that may be planted, may implement a street tree planting program of its own and control removal of existing trees. SECTION 4. That the following standards for minimum spacing, location, area requirement and minimum size of seedlings shall be utilized for the placement of tress within the public right-of-way: (a) recommended trees shall not be planted closer than the distance of their full spread, Ck' . 30' d ;<,t.~.... "Yo}:^ '.v"l", 1-"~""'-4" ......-....._-+~ . 11-0' -~~ ~. ~ ZO':\ "0' 'j- X." .r)';,... ;>: 'IJ,...>i...... ...,' ("......~ "'1".\. l ''''t'1'''"\ as shown in Section 5, mea- sured from center to center of each stroot treo; r-- ,..... en C'- ~ 0:.: ~ ::F. .... Z UJ ~ .... ~ w Q -' <<( c.!J ~ (b) rocommondod tross shull not be placed ~~.... .......---~~~ J LI ti{l:.~;-. J1J -t'-A__I ~!~--::r~ ... ...~-; - p.g.",,~, ~ ~~ , , ~- ,.. ,~,r-t-=-\- ~~~ i" .,. J ( [-J- - ~ ---/~-4f I--..L- closor than 40 foot from tho corner of a.curb at intersections or closer than 2~ feot to the edge of a driveway; . (c) recommended trees shall not be planted closer than the width of its full spread to a standard or pole, measured from the center of the tree to the center of the pole; fJ"O' 3~ fAl'\~ f~r-~ ~ ~ mt "4-.~ ': ,1fO'".J IjV ". 30' 'l :Yo .:r }-... r -~.,.:"",...\....., Ii' ~{~."'.. ...... , . . ...-;" ~'::'V",' t;} , ,<.I .~:J::~\~\\\ I\~l .~, _.~~: (d) recommended trees shall not be planted when at least five feet of space be- tween curb and sidewalk or other ob- struction is not available; (e) recommended trees shall generally be planted equidistant between the curb and street edg~of a conventional sidewalk or equidistant between the ~P'__~-"-" . ..... .-. " : .::: ::. '.~: ...... '. '... :'\tJ.: ~L . . . . 7- '. N' f>E........lT'TQ . ~. ..' ~.:--"t-. '. . .'__-t"" , .... ~.,'" '...-. . . j- ;,._-. .... -;to . , , -.Jl property line and edge of a curb-type sidewalk, 'unless ~pecifically directed differently on the required permit in order to avoid conflict with existing or proposed utilities; (f) recommended trees shall be planted in an' area containing at least nine square feet of ground for each tree listed in Section . 5 (b) and no impervious material shall be placed nearer than thirty inches to the center of a tree listed in Section 5 (a); . (9) it is sug~ostad, but not mandatory, that for bost rosults of successful treo growth and minimum tree mortality that treos with tho following minimum hoights be considered for planti~g in the public right-of-way: (1) six (6) feet to eight (8) feet for thoDB troes listed in Section 5 (a); (2) five (5) feet to six (6) feet for those trees listed in Section 5 (b). SECTION 5. That the following trees are recommended for planting within public right-of-way because of their superior resistance to insects and disease, maximum ability to resist wind or storm breakage, desirable life spans, and minimal mainten- ance requirements. The full spread as indicated shall be used for spacing purposes: (a) in all zoning districts except in locations where overhead utility lines are present. VARIETY MAPLE - sugar, black, red, Norway HACKBERRY HONEY LOCUST (thornless) BRADFORD PEAR OAK - red, scarlet,. English, bur, pin LINDEN - American, European or littleleaf LINDEN - Redmond ASH - White, green GINKGO - maidenhair (male variety) BLACK WALNUT PoNDERoSA PINE AUSTRIAN PINE SCOTCH PINE OHIO BUCKEYE KENTUCKY COFFEE TREE CATALPA JAPANESE PAGODA TREE SPREAD 40 feet 40 feet 40 feet 25 feet 40 feet 40 feet 25 feet 40 feet 40 feet 40 feet 25 feet 25 feet 25 feet 25 feet 30 feet 30 feet 40 feet . (b) in business and manufacturing zoning districts and in other districts in locations where overhead utility lines are present. SPREAD 20 feet 20 feet 20 feet 20 feet e public right-of-way. SECTION 6. That prior to the planting of any recommended tree in any zoning district or the removal of any tree in a business or manufacturing district within public right-of-way the individual or organization initiating such action shall obtain a permit approved by the City Councilor their appointed representative for the planting or removal of such tree. There shall be no charge for such permit. The permit shall require the name and address of the abutting property owner, the person responsible for the planting or removal, the location and number of trees to be planted or removed and shall be submitted .to the Public Works and utilities Departments for comment to ascertain any possible conflict with existing or pro- posed public facilities prior.to final approval. A permit for removal of a tree within public right-of-way shall be issued only upon the simultaneous issuance and guarantee to plant one tree for each tree to be removed subject to other provisions of this ordinance, unless such tree is judged by the City Councilor their repre- sentative, to be diseased or severly damaged by storm or other causes or is in conflict with a public purpose or project. SECTION 7. That it shall be unlawful, as a normal practice, for any person, firm or municipal department to top any tree within public right-of-way. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or cer- tain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this section at the determination of the City Councilor their appointed representative. SECTION 8. That in the judgement of the City Councilor their appointed representative it is determined that a violation exists duo to any troes not specifically listed in Section 5 herein being within the public right-of-way or that other trees are improperly planted or maintained as provided horein within . - the public right-of-way that action may be uirectod tD correct the violation with all or part of the costs thereby incurred aoooused to the abutting proporty owners. SECTION 9. That failure to comply with any s~ction of this ordinance shall be unlawful and punishable in accordance with Section 1 - 7 of the Grand Island City Code. SECTION 10. That this ordinance shall be in force and take effect from and after its passage and publication in pamphlet form. Enacted 21 :March 77 /' '~~/;/;(Z4-C/(/ V~resident of the Council ATTEST: ~#&~/:L~ City Clerk .. . . CITY OF GRANO ISLAND, NEBRASKA I Permit to: Date c=J Plant treo(s) within public right-of-way c=J Remove tree(s) within public right-of-way Name of Abutting Owner Address of Abutting Owner ~ O~ ~ ~ @ ~ Person Re~~qr"i$.t~l8.fo.r (Planting, Removal) Type of Sidewalk Present: c=J Conventional c=J Curb c=J None in Existence Width of Parking or Planting Area . Number of Trees to be Planted ~Removed ~ Specific Location of Tre~ Specific Variety of T~) On back of permit ~e sketch location of trees in relation to sidewalk, curb, driveways, etc. ~each other. Provide distances for spacing. Public Works Department Comments utilities Department Comments Approved by Date . . . --- ORDINANCE NO. 6113 An ordinance pertaining to the selection, planting, maintenance and removal of trees within the public right-of-way; to provide for minimum spacing, location, area requirements and minimum size of seedlings; to recommend the variety of trees which may be planted within such right-of-way and to prohibit other species; to provide for a permit system for planting and removal of trees within such right-of-way, to provide for the effective date thereof and to provide for the publication of this ordinance in pamphlet form. BE IT ORDAINED by the mayor and Council of the City of Grand Island, Nebraska; SECTION 1. That this ordinance shall be known as the Grand Island Street Tree Ordinance. SECTION 2. That the mayor and Council hereby determine that: the selection, planting, maintenance and removal of trees within the public right-of-ways in the City of Grand Island substantially effects the degree of pedestrian and vehicular safety, the location and maintenance of utility services, tree main- tenance costs, the incidence of tree diseases, and the general appearance and beautification of the city; that removal of trees due to disease, private devel- opment, or public works improvements has resulted in a loss of their important contribution to man and his environment; therefore, it is hereby found that such selection, planting, maintenance and removal of trees in public right-of- way are a community concern over which the city must exercise the control set forth in this ordinance. SECTION 3. That although the abutting property owners have the primary responsibility of planting, maintaining and removal of the trees within that portion of the public right-of-way known as the parking or terrace that the city shall recommend the variety and location of trees that may be planted, may implement a street tree planting program of its own and control removal of existing trees. SECTION 4. That the following standards for minimum spacing, location, area requirement and minimum size of seedlings shall be utilized for the placement of trees within the public right-of-way: (a) recommended trees shall not t- l5 :E t- ~ t.&J= Q: g/ be planted closer than the r- r--- en - ~f 30' Of distance of their full spread, c-.. ..-4 0: ~ as shown in Section 5, mea- vr'~ Y.. ~.~ -'"'I?,/ '^ '1'/ )ro' -(.." J:' ... i' ')f"4 ...r " n t''''-:r..-:I. .'1 ~' ....~+.~ ~ ~' "':~ lid' . 1!.t:i,'. f.()' ,~ >: ' ,',,' ,.)'7.. /,' '~ 'J.J~,.~?+" '\. ,-- 1"......~ '7'.'t~.\..- "7 ~'1."',," sured from center to center of each street tree; e -- closer than 40 feet from the corner of ili (b) recommended trees shall not be placed a curb at intersections or closer than 2! feet to the edge of a driveway; . ~~._~~Tl 00 it. UG~1fj~I~T!Fj'''''''1iiimt6l!;l (c) recommended trees shall not be pole, measured from the center ~d' ...\ '~i'- ~ -, \. t j .(~ ..~ ':. 'fC' .J # o:.,~;../'1 ~',r ,.....",.....~ ~~"""."'...... ... "I...... ,,~,-,,~,,~, l,fO' planted closer than the width of its full spread to a standard or of the tree to the center of the pole; (d) recommended trees shall not be planted when at least five feet of space be- tween curb and sidewalk or other ob- struction is not available; :-: ;:< :': ':. . .: ..... ..... :'\tJ: /'JO>.lL . . N" . "-.9' . -r ..' ~ -1" - . 'PE......lr)'1;J:> .' "_-r--" ::..,t\l .... . __ " . (\J . . -\-_ '.. _ . . .' Ji ~..-- .....:1--.. / (e) recommended trees shall generally be planted equidistant between the curb and street edge of a conventional ~ sidewalk or equidistant between the property line and edge of a curb-type sidewalk, unless specifically directed differently on the required permit in order to avoid conflict with existing or proposed utilities; planted in an area containing at "\..~...~\... !~ ~ /';,:'7~ - '-':.... ... 'X e I / Ii$:{;.~{~~, "l -....... '''.on '.1 ,; >;-j<.~;g - -;; ~IJS f/,~/':,// ~ ?: ~ E>(P'o'Sic.P ,; ~,~ sou..' ~ /A..I ~~... /~-fw.N.\\'" .~j -~........... (f) recommended trees shall be least nine square feet of ground for each tree listed in Section . 5 (b) and no impervious material shall be placed nearer than thirty inches to the center of a tree listed in Section 5 (a); - e . (g) it is suggested, but not mandatory, that for best results of successful tree growth and minimum tree mortality that trees with the following minimum heights be considered for planting in the public right-of-way: (1) six (6) feet to eight (8) feet for those trees listed in Section 5 (a); (2) five (5) feet to six (6) feet for those trees listed in Section 5 (b). SECTION 5. That the following trees are recommended for planting within public right-of-way because of their superior resistance to insects and disease, maximum ability to resist wind or storm brea~age, desirable life spans, and minimal mainten- ance requirements. The full spread as indicated shall be used for spacing purposes: (a) in all zoning districts except in locations where overhead utility lines are present. VARIETY mAPLE - sugar, black, red, Norway HACKBERRY HONEYLOCUST (thornless) BRADFORD PEAR SPREAD 40 feet 40 feet 40 feet 25 feet 40 feet 40 feet 25 feet 40 feet 40 feet 40 feet 25 feet 25 feet 25 feet 25 feet 30 feet 30 feet 40 feet OAK - red, scarlet, English, bur, pin LINDEN - American, European or littleleaf LI NDEN - Redmond ASH - White, green GINKGO - maidenhair (male variety) BLACK WALNUT PONDEROSA PINE AUSTRIAN PINE SCOTCH PINE OHIO BUCKEYE KENTUCKY COFFEE TREE CATALPA JAPANESE PAGODA TREE . (b) in business and manufacturing zoning districts and in other districts in locations where overhead utility lines are present. VARIETY mAPLE - trident, hedge, amur, tatarian EASTERN REDBUD HAWTHORN - lavelle, Washington CAROLINA SILVERBELL SPREAD 20 feet 20 feet 20 feet 20 feet e e CRABAPPLE - fruitless 20 feet PURPLELEAF PLUIYI 20 feet FLOWERING CHERRY 20 feet ASH - European or mountain 20 feet . SAUCER IYIAGNOLIA 20 feet JAPANESE TREE LILAC 20 feet AIYIIJR CORK TREE 20 feet . Trees not included on the above recommended lists shall be prohibited within public right-of-way. SECTION 6. That prior to the planting of any recommended tree in any zoning district or the removal of any tree in a business or manufacturing district within public right-of-way the individual or organization initiating such action shall obtain a permit approved by the City Councilor their appointed representative for the planting or removal of such tree. There shall be no charge for such permit. The permit shall require the name and address of the abutting property owner, the person responsible for the planting or removal, the location and number of trees to be planted or removed and shall be submitted to the Public Works and Utilities Departments for comment to ascertain any possible conflict with existing or pro- posed public facilities prior to final approval. A permit for removal of a tree within public right-of-way shall be issued only upon the simultaneous issuance and guarantee to plant one tree for each tree to be removed subject to other provisions of this ordinance, unless such tree is judged by the City Councilor their repre- sentative, to be diseased or severly damaged by storm or other causes or is in conflict with a public purpose or project. SECTION 7. That it shall be unlawful, as a normal practice, for any person, firm or municipal department to top any tree within public right-of-way. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or cer- tain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this section at the determination of the City Councilor their appointed representative. SECTION 8. That in the judgement of the City Councilor their appointed representative it is determined that a violation exists due to any trees not specifically listed in Section 5 herein being within the public right-of-way or that other trees are improperly planted or maintained as provided herein within . . e e the public right-of-way that action may be directed to correct the violation with all or part of the costs thereby incurred assessed to the abutting property owners. SECTION 9. That failure to comply with any section of.this ordinance shall be unlawful and punishable in accordance with Section 1 - 7 of the Grand Island City Code. SECTION 10. That this ordinance shall be in force and take effect from and after'its passage and publication in pamphlet form. Enacted M/\ ATTEST: &/fl,+// ; /1 /..,vt:~~ City Clerk . . e , CIJj'_Qf GRAND_ISLAND, NEBRASKA I Permit to: Date ~ Plant tree(s) within public right-of-way Remove tree(s) within public right-of-way Name of Abutting Owner Address of Abutting Owner ~ O~ ~ ~ @) ~ Person Responsible for (Planting, Removal) Type of Sidewalk Present: Conventional ~ Curb ~ None in Existence Width of Parking or Planting Area Number of Trees to be Planted~Removed ~ Specific Location of Tre~ Specific Variety of T~) On back of permit ~e sketch location of trees in relation to sidewalk, curb, driveways, etc. ~each other. Provide distances for spacing. Public Works Department Comments Utilities Department Comments Approved by Date . ORDINANCE NO. 6n4 boundaries of the district; providing for the laying of a water main in said district; providing for plans An ordinance creating Water Main District No. 328 in the City of Grand Island, Nebraska; defining the and specifications and securing bids; providing for the assessment of special taxes for constructing such water main; and providing the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: the la,ying of a six-inch water main in Barbara Avenue from the south prolongation of the east line of John SECTION 1. Water Main District No. 328 in the City of Grand Island, Nebraska, is hereby created for and Marie's Subdivision to the existing line in Harrison Street. :!: I- 0:: Z 0 r- I.&J \.I. ' ,... :E H ~ l- n::: r- <( .--I a.. lJJ w ~ 0 g ex: -' :E <( Q. ill ~ -' SECTION 2. The boundaries of such water main shall be as follows: Beginning on the west line of Brach's Second Addition and 200 feet, or 60.96 meters, north of Barbara Avenue; thence running east on a straight line for a distance of 450.25 feet, or 137.236 meters, to the west line of Lot 2 in Brach's First Subdivision, and 170 feet, or 51.816 meters, north of the north line of Barbara Avenue; thence running north on the west line of Lot 2 in Brach's irst Subdivision and its north prolongation for a distance of 45 feet, or 13.716 meters; thence running northeasterly on a straight line for a distance of 122.2 feet, or 37.247 meters, to a point 13 feet, or 3.962 meters, north of the northeasterly corner of Lot 2 in Brach's First Subdivision and on the north prolongation of the east line of Lot 2 in Brach's First Subdivision; thence running more northeasterly on a straight line for a distance of 117.1 feet, or 35.692 meters, to a point 96 feet, or 29.261 meters, north of the northeasterly corner of Brach's First Subdivision and on the north prolongation of the east line of Brach's First Subdivision; thence running south on the north prolongation of the east line of Brach's First Subdivision and on the east line of Brach's First Subdivision for a distance of 202.55 feet, or 61.737 meters, to the north line of L-K Subdivision; thence running east on the north line of L-K Subdivision for a distance of 95 feet, or 28.956 meters, to the east line of Lot 1 in L-K Subdivision; thence running south on the east line of Lot 1 in L-K Subdivision for a distance of 143.9 feet, or 43.861 meters, to the north line of Barbara Avenue; thence running east on the north line of Barbara Avenue and its east pro- longation for a distance of 168 feet, or 51.206 meters, to the east line of Harrison Street; thence running south on the east line of Harrison Street for a distance of 53.9 feet, or 16.429 meters, to the east prolongation of the south line of Barbara Avenue; thence running west on the east pro- longation of the south line of Barbara Avenue and on the south line of BarbaraAvenue for a distance of 276 feet, or 84.125 meters, to the east line of Lot 1 in L-K Second Subdivision; thence running south on the east line of Lot 1 in L-K Second Subdivision for a distance of 200 feet, or 60.96, meters, to the south line of L-K Second Subdivision; thence running west on the south line of Lot 1 in L-K Second Subdivision for a distance of 90 feet, or 27.432 meters, to the east line of Kay-Dee Subdivision; thence running north on the east line of Kay-Dee Subdivision for a distance of 99.93 feet, or 30.196 meters, to the south line of Lot 6 in Block 2 of Kay-Dee Subdivision; thence running west on the south line of Lot 6 in Block 2 of Kay-Dee Subdivision and its west prolongation for a distance of 200.05 feet, or 60.975 meters, to the west line of Gretchen Avenue; thence running south on the west line of Gretchen Avenue for a distance of 98.33 feet, or 29.971 meters, to the south line of Lot 10 in Block 3 of Kay-Dee Subdivision; thence running west on a line 150 feet south of and parallel to the south line of Barbara Avenue for a distance of 320 feet, or 97.536 meters, to the east line of Roberta Avenue; thence running north on the east line of Roberta Avenue for a distance of 150 feet, or 45.72 meters to the south line of Barbara Avenue; thence running west on the south line of Barbara Avenue for a distance of 40.38 feet, or 12.308 meters, to the south prolongation of the west line of Brach's Second Addition; thence running north on the south prolongation of the west line of Brach's Second Addition and on the west line of Brach's Second Addition for a distance of 290 feet, or 88.392 meters, to the point of beginning, as shown on the plat dated 3/11/77 marked Exhibit "A" attached hereto and incorporated herein by reference. t SECTION 3. Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the City who shall estimate the cost thereof, and submit the same to the city council, and upon approval of the same, bids for the construction of such water main shall be taken and contracts entered into in the manner provided by law. SECTION 4. The cost of construction of such improvement shall be assessed against the property within the district abutting upon the street wherein such water main has been so placed to the extent of benefits to such property, by reason of such improvement, and a special tax shall be levied at one time to pay for such cost of construction as soon as can be ascertained; and such special tax and assessments shall constitute a sinking fund for the payment of any warrants or bonds for the purpose of paying the cost of such water main in such district and such special assessments shall be paid and collected either in a fund to be designatefr and known as the Sewer and Water ~tension Fund for Water Main District' No. 328, or the Water Surplus Fund. . - 1 - . .' ORDINANCE NO. 6n4 (Cont'd) SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, as provided by law. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County~ Nebraska. Enacted Nt An? 1 1917. ~'< /~/: , .< < I / / . ~/~u/jI/ ~~L ~-- Vice-President of the Council ATT~ <V~ ~ ~y Clerk .. - 2 - AERTAt 40,38'li2,308ml) I. Auc- :;t1O. (45.720m) "--< V c::.. =-- ISO' ~ ~ e co 0<0 <0"" -as v s CO <0. ....0 '<0 ~- 9 ~ E ~.O "" <0 ~- 10 (45.720m) ISO' ~ - 98 33 -"., GRETCHEN (29.97Jm) AVE o v. NO uilO 101.67 (30.989m) 12'(3.6 58m)"\ easement -1 E. IO~ 10 ~ q E 6 E o- r-- . 010 ",q mO 10'" NO . 0 _r-- ,.... 10 5 ~ N ~ ~tfQ~ - (30.196m) ~0.989m) - - 99:9r -.J; - -'OT6'?'- -/ -200 (,.8'(2.438m) (60.960m) E easement :;:_ L K <:to ,..:m . . N E N ",- v~ ,...: N \ .... . 200 (60.960 m) E co o 00 N<:t <0 2 NO. 2 SUB. TRUE 1/16 L1NU E co . 0 '" . 1<)0 . E r<l co 1<)10 o o =- I J @)) WATER MAIN E-.), coru N . \ t:.. -: ~ (j~~ 6'~; ~ 8'(2.438m) I r easement I E I v-ub co N: ..., ~ =r _ - I ~ Ig I v I E I v. co~ ".0 =+ "', ~ ~ ~~ . ~~C -~(51.816m) 170' 190 ~ (57.912m) .S: PT. OF ~ 2 25.85 ~ ~ THE S W !:::.o (7.879m) lrdllr~ 1.2 . . -~ .~ ~< (~247m) 1/4, SEC. S (79.202m) ~3.\ 21- 11-9. 259.85' (3.962m I'-. \ I<)~ 0.. gl ~17.I' ~.~ ~V. ~-~ ~35.692m) m~ <:) (77.724m) e~semenl ~,~ (29.26/m ~ \,...l>- ~~ 255' 8 (2.438m)..,r--r. ..... 96' + t-~ 2 02.55 ~ (GI137m) 10 10m moo N - -290YSS:-392-;)- - 200 ~ (GO.9GOm) E v vCO r--:r-; -10 -to 30' (9.14m) E ~Q ~~ ~(jO 5 -c:> (GO.960m) 200' 170 (51.816m) '3d" (9.144m) E v ~Q) 0.. =~~\)V4 (15. 240m 50' GO' IS.288m) ... (l8.288m) 60' "f 53.9' ( 16~29m E 143.9 <0 (43.86Im) I 10 ~;L.. ~.: ~ ~ ~ ~ '" 143.9' ~ s:c (43.8GI m) -<0 Qj E ~ (l6.42~m) -co ~ SUB 2 53.9 <ON . 10 10 It ~ 53.9.J1 (16.429m) 328. PT. OF BEGIN NING \~ l>- f:J ~ ~~ CITY OF GRAND ISLAND, NEB. ENGINEERING DEPARTMENT. PLAT TO ACCOMPANY ORD. NO. 6114. SCALE: I": 100' D.L.J. 3/11/77. ORDINANCE NO. 6115 An ordinance to amend the Zoning Ordinance of the City of Grand Island, Nebraska, by amending Section 36-30A of the Grand Island City Code to include anchoring requirements for mobile homes and an evacuation . plan for mobile home parks ~d mobile home subdivisions in the Flood Haza~d Zone, and that certain subdivision proposals and proposed developments in the Flood Hazard Zone include the hundred-year flood elevation data; to repeal the original Section 36-30A; to provide for a penalty; and to provide the effective date of this ~ a:: It o ..... . ordinance. follows: r- r- en - BE !T ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Section 36-30A of the Grand Island City Code be, and hereby is, amended to read as "Section 36-30A. FLOOD HAZARD ZONE (A) Purpose and Area: It is the purpose of this Section to provide the public with information concerning the potential of surface water hazard within certain areas of the zone jurisdiction of the City of Grand Island and to require that all new buildings and uses or additions within these areas ~shall be provided with proper flood protection as required herein. Accordingly, there is hereby adopted the map or atlas of maps entitled, "Flood Hazard Boundary Map" for the City of Grand Island upon which is delineated the boundary for which this Section shall be applicable. The Flood Hazard Boundary Map hereby adopted is the map marked, "Flood Hazard Boundary Map - City of Grand Island, Nebraska," (as amended by Ordinance No. 5998) approved by the Council and signed by the city clerk, and on file in his office. (B) Requirements: All uses shall be permitted within the Flood Hazard Zone as are permitted within the zoning districts as delineated on the Official Zoning Map in the area covered by the Flood Hazard Zone with the following additional requirements and safeguards: (1) All applications for building permits for major repairs within the flood hazard zone shall assure utilization of construction materials and utility equipment that are resistant to flood damage and utilize construction methods and practices that will minimize flood damage. (2) All applications for building permits for new construction or substantial improvements within the flood hazard zone shall assure that the proposed construction is protected against flood damage, is sufficiently anchored to prevent flotation, collapse or lateral movement of the structure; utilizes construction materials and utilities equipment that are resistaqt to flood damage; and utilizes construction methods and practices that will minimize flood damage. (3) All public utilities and facilities, such as gas, sewer, electrical and water systems shall be designed and constructed to minimize or eliminate possible flood damage. (4)- All new'or replacement water and/or sewer systems shall be designed and constructed to minimize or eliminate infiltration or contamination of them by flood waters. (5) All new construction or substantial improvements of residential structures shall have the lowest floor, including basements, elevated to a minimum of one (1) foot above the elevation of the 100 year flood. A storm cellar may be permitted below the elevation of the 100 year flood, provided, that such storm cellar shall be separated from the residential structure and shall be considered and treated as an accessory building. (6) All new construction or substantial improvements of nonresidential structures for human occupancy shall have the lowest floor, including basements, elevated to a minimum of - one (1) foot above the elevation of the 100 year flood, or together with attendant utility and sanitary facilities, be flood proofed to a minimum of one (1) foot above the elevation of the 100 year flood. t- Z IJJ :E .... 0::: ~ Q,. IJJ o -l ~ C!) IJJ -l (7) The maximum ground coverage of all buildings and fill material on lots or tracts shall be limited to 40 percent of the lot area. A grading plan shall accompany an application for a building permit when fill is proposed to be used. The maximum ground coverage limitation shall be adhered to for new buildings, the total building area including additions or alterations to existing structures, and existing and proposed fill area. The percent of lot coverage shall not prohibit the fillipg of a lot to the elevation of adjacent curb lines. (8) No fill or construction will be permitted within tIle areas determined to be within the 25 year flood delineation unless such fill or construction is offset by an equal alternate c1lannel, drainage or other floodway improvement for storage or passage of flood waters as approved by the director of public works. (9) All mobile homes to be placed shall have the following specific anchoring requirements: - 1 - . . ORDINANCE NO. 6115 (Contrd) (a) Over-the-top ties be provided at each of the four corners of the mobile home with two additional ties per side at the intermediate location~ and mobtle homes less than 50 feet long requiring on~ additional tie per side; (b) Frame ties be provided at each corner of the mobile home with five additional ties per side at intermediate points, and mobile homes less than 50 feet long requiring four additional ties per side; (c) All components of the anchoring system be capable of carrying a force of 4,800 pounds; (d) Any additions to mobile homes be similarly anchored. (10) That an evacuation plan indicating alternate vehicular access and escape routes shall be filed with appropriate Disaster Preparedness Authorities for mobile home parks and mobile home subdivisions located within the Flood Hazard Zone. (+1) That all new subdivision proposals and other proposed new developments within the Flood Hazard Zone greater than 50 lots or 5 acres, whichever is the lesser, include with such proposal the 100-year flood elevation data. (C) Disclaimer of Liability: The degree of flood protection required by this section is considered reasonable for the protection of life and property and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood elevation may be increased by man-made or natural causes. This section shall not create any liability on the part of the City of Grand Island or any other office or employee acting in behalf of the City for any flood damages that result from reliance on this section or any administrative decision made thereunder." SECTION 2. That the original Section 36-30A as heretofore existing, and any other ordinance or parts of ordinances, in conflict herewith, are hereby repealed. SECTION 3. That any person violating the provisions of this ordinance shall upon conviction be deemed guilty of a misdemeanor and be punished as provided in Section 1-7 of the Grand Island City Code. SECTION 4. That this ordinance shall be in force and take effect from and after its passage, approval, and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted APR 4. 1q77 ATTEST: b~~../ City Clerk "" - 2 - . ORDINANCE NO. 6116 from RD-Residential Development Zone to Rl-Suburban Residential Zone of certain tracts of land in Section An ordinance pertaining to zoning in the City of Grand Island, Nebraska; changing the classification 28, Township 11 North, Range 9 West of the 6th P.M., and a part of Riverside Estates Subdivision Unit 1, all within the City of Grand Island, Hall County, Nebraska; directing that such change and reclassification be shown on the official zoning map of the City of Grand Island, Nebraska, and amending the provisions of Section 36-7 to conform to such reclassification. WHEREAS, the Regional Planning Commission on March 2, 1977, recommended approval of the proposed zoning of such area; and WHEREAS, notice as required by Section 79-4,151, R.R.S. 1943, has been given to the Board of Education of School Distriot No.2 in Hall County, Nebraska; and WHEREAS, after public hearing on March 21, 1977, the City Council found and determined tha~ the change in zoning be approved and granted; BE IT ORDAINED' BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the following described real property, located in the City of Grand Island, Hall County, Nebraska, to wit: A tract of land comprising a part of the Southwest Quarter (SW~) of Section 28, Township 11 North, Range 9 West of the 6th P.M., and a part of Riverside Estates Subdivision Unit 1, all within the City of Grand Island, Hall County, Nebraska, and more particularly described as follows: ~ f2 ~ I'-- I'-- ~ . f- Z UJ ::2: I- ~ 0.. W o ..J c( C!J UJ ..J Beginning at the northwest corner of the Southwest Quarter (SW~) of Section 28; thence easterly along the north line of said Southwest Quarter (SW~) a distance of 1350 feet; thence southerly parallel to the west line of the Southwest Quarter (SW~) a distance of 460 feet; thence westerly along a line parallel to and 460 feet south of the said north line of the Southwest Quarter (SW~) a distance of 840 feet to a point 510 feet east of the west line of said Southwest Quarter (SW~); thence southerly along a line parallel to and 510 feet east of the west line of said Southwest Quarter (SW~) a distance of 848.02 feet; thence westerly at right angles to the last described course a distance of 225 feet; thence southerly parallel with the west line of said Southwest Quarter (SW~) 320.07 feet to a point; thence southwesterly a distance of 339.87 feet to a point being 1821. 90 feet southerly of the northwest corner thereof; thence northerly along said west line of said Southwest Quarter (SW~) a distance of 1821.90 feet to the point of beginning, and containing 26.7 acres, more or less; and A tract of lana comprising a part of the East One-Half of the Northwest Quarter (EtNW~) of Section 28, Township 11 North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska, more particularly described as follows: Beginning at the southeast corner of said East Half of the Northwest Quarter (EtNW~); thence running northerly along the east line of said East Half of the Northwest Quarter (EtNV1~) a distance of one hundred ninety-five and four-tenths (195.4) feet; thence running westerly and parallel to the south line of Country Club Subdivision a distance of two hundred sixty-five and nine-tenths (265.9) feet; thence deflecting right 90000' and running northerly a distance of one hundred twenty-five (125) feet; thence deflecting left 900 00' and running westerly a distance of three hundred eighty-one and six-tenths (381.6) feet; thence deflecting right 900 00' and running northerly a distance of three hundred (300) feet; thence deflecting right 900 00' .and running easterly a distance of three hundred eighty-one and six-tenths (381.6) feet; thence running northerly and parallel to the east line of said ~ast Half of the Northwest Quarter (EtNW~) a distance of four hundred (400) feet to a point ortthe south line of Country Club SUb- division; thence running westerly along the south line of said subdivision a distance of four hundred forth-one and six-tenths (441.6) feet; thence running northerly along the boundary of said subdivision a distance of four hundred eighty-four (484) feet; thence running westerly along the boundary of said subdivision a distance of three hundred seventy-five (375) feet; thence running southerly along the boundary of said subdivision a distance of thirty-three (33) feet; thence running westerly along the boundary of said subdivision a distance of two hundred forty-seven and five-tenths (247.5) feet to a point on the west line of said East Half of the Northwest Quarter (EtNW~), said point also being the southwest corner of Block Three (3), - 1 - e . ORDINANCE NO. 6116 (Cont'd) country Club Subdivisipn; thence running southerly along and upon the west line of said East Half of the Northwest Quarter (E~Nw~) a distance of one thousand four hundred fiftr-nine (1,459) feet to the southwest corner of said East Half of the Northwest Quarter (E2NW~); thence runnin~ easterly along and upon the south line of said East Half of the Northwest Quarter (E~NW4) a distance of one thousand three hundred thirty and eighteen hundredths (1,330.18) feet to the point of beginning and containing 30.32 acres, more or less, be, and the same is hereby rezoned and reclassified and changed to Rl-Suburban Residential Zone classifi- cation. SECTION 2. That the official zoning map of the City of Grand Island be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. ~at the finding and recommending of the Regional Planning Commission, and of the City of Grand Island, is hereby accepted, adopted, and made a part of this ordinance. SECTION 4. That Section "36-7 of the Grand Island City Code, and all ordinances and parts of ordinances in conflict herewith, are hereby amended to reclassify such above described area as herein ordered and determined. SECTION 5. That this ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand "Island Daily Independent. /1 1977. I f i Enacted APR ATTEST:R"'~~~~" - ,..,.. :J' ~ of the Council - 2 - ORDINANCE NO. 6117 An ordinance to vacate a part of Holland Drive in the City of Grand Island, Nebraska; and to . provide the effective date hereof. WHEREAS, the Regional Planning Commission has recommended vacating a part of Holland Drive, provided that an appropriate cul-de-sac be constructed and the land transferred at no cost to the public; BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. nlat a portion of Holland Drive in the City of Grand Island, more particularly described as follows: A tract of land comprising a part of Holland Drive lying between Lots Two (2) and Three (3), and Lot Four (4), Mehring and Giesenhagen Second Subdivision, and a part of Lot 2, Mehring and Giesenhagen Subdivision in Hall County, Nebraska, more particularly described as follows: Beginning at the northeast corner of said Lot Four (4); thence westerly along the north line of said Lot Four (4) a distance of two hundred (200) feet to the northwest corner of said Lot Four (4); thence northerly a distance of seventy (70) feet to the southwest carner of said Lot 'three (3); thence easterly along the south line of said Lots Two (2) and Three (3) a distance of one hundred seventy eight and ninety-five hundredths (178.95) feet, to a paint of curvature; thence southeasterly along the arc of a curve whose radius is sixty (60) feet (the long chord of which deflects right 730 15' from the last described course), a long chord distance of seventy-three and eleven hundredths (73.11) feet to the place of beginning, and containing 0.290 acres, more or less, as shown on the plat marked Exhibit "A" attached hereto aDd incorporated herein by reference, be, and hereby is, vacated. SECTION 2. That the title to the street vacated by Section 1 of this ordinance shall remain in the name of the City of Grand Island, Nebraska. SECTION 3. That this ordinance is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION IJ. 't'his ordinance shall be in force and tal~e effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independent, without the plat, as provided by law. Enacted JUN 2 7 197.7 /-Q,' ,,' 4...4A . , ,,/ r~_ 1// //1' esident of the Council L f' ",. ./' ATTEST: ~U//:J Clty Clerk APPR~~~?~~~M (AJN' 2 7 1977 LEGAL DEPARTMENT -- ~ .."........ . . . ORDINANCE NO. 6118 An ordinance creating Sanitary Sewer District No. 430 in the City of Grand Island, Nebraska; defining the boundaries of the district; providing for the laying of a sanitary sewer main in said district; providing for plans and specifications and securing bids; providing for the assessment of special taxes for constructing such sewer and collection thereof; and to provide for the effective date thereof. BE IT ORDAIN.ED BY THE MAYOR AND COUNCIL OF THE CITY Ol<' GRAND ISLAND, NEBRASKA: SECTION 1. Sanitary Sewer District No. 430 of the City of Grand Island, Nebraska, is hereby created for the laying of an eight (8) inch, or 20.32 centimeter, vitrified clay, or polyvinal chloride plastic pipe line, and appurtenances thereto. SECTION 2. The boundaries of such sanitary sewer district shall be as follows: All of the lots in Block 1 to Block 5 inclusive, of Brentwood Subdivision, said sewer to joing the Upper Southeast Sanitary Sewer knovm as Project "D-l", as shown on the plat marked Exhibit "A", dated 4/15/77, attached hereto and incorporated herein by referellce. S?CTION 3. Said improvement shall be made in accordance with plans and specifications prepared by the Engineer for the City who shall estimate the cost thereof, and submit the same to the City Council, and, upon approval of the same, bids for the construction of such sanitary sewer shall be taken and contracts entered into in the manner provided by law. SECTION 4. The cost of construction of such improvements shall be assessed against the property within the district abutting upon the easement or other right-of-way within which such sanitary sewer main will be constructed within such sewerage district, to the extent of benefits to such property by reason of such improvement, and a special tax shall be levied at one time to pay for such cost of construction as soon as can be ascertained, as provided by law; and, provided further, such special tax and assessments shall constitute a sinking fund for the payment of any bonds with interest, issued for the p~rpose 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 a 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. 1hat this ordinance, with the attached plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 6. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted APR 1 8 1977. .. ATTEST:~~~_ City Clerk -.. I i LEGAL DEPARTMENT :----/ 71 '" <t ~o r:: z ~!z uJ " .... <1", U " ffi~ z <1 .,. Z cr z . Cf. is ~w cr U 0- :)0 N ~ (/) ~iil ...J -c> ctra oZ Zcr ;:;!- "8 <tw 0<.0 crw ~~ N c>z " LLC> , o Z ~<.O - W W ~ <Xl ...J ~~ <t U U (/) _ "''''''''_ ',J~" 00,," '...." '''''''''''' llU!l "M'O'!:! 153M ;;;:J JU3waSo3 ,O~_ ~<! -- - . . - I :n--.L:l~1'Uild ~ luawaso3 ,OZ 1= Zi'O/.l ~ 1 en - - ~ W CX) :c N g ~ ~; X \:~ 0.. 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ORDINANCE NO. 6119 An ordinance creating street Improvement District No. 918; defining the boundaries of the district; . providi.ng for the improvement of streets within the district by paving, guttering, and all incidental work in connection therewith; and to provide for an effective date of this ordinance. BE IT ORDAINED BY 'l'HE MAYOR AND COUNCIL Of' 'l'HE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 918 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at a point on the west line of Brentwood Boulevard and 300 feet, or 91.44 meters, north of the north line of Woodridge Boulevard; thence running south on the west line of Brentwood Boulevard for a distance of 490 feet, or 149.352 meters, to the southeast corner of Lot 12 in Block 2 of Brentwood Subdivision; thence running west on the south line of Lots 12 to 3 inclusive in Block 2 of Brentwood Subdivision for a distance of 920 feet, or 280.415 meters, more or less, to a point 10 feet, or 3.048 meters, west of the southeast corner of Lot 3 in Block 2 of Brentwood Subdivision; thence running southwesterly on a straight line for a distance of 410 feet, or 124.968 meters, more or less, to a point on the south line and 15 feet, or 4.572 meters, more or less, easterly of the southwest corner of Lot 3 in Block 3 of Brentwood Subdivision; thence running westerly on the southerly line of Brentwood Subdivision for a distance of 370.31 feet, or 112.870 meters, to the southwesterly corner of Lot 1 in Block 3 of Brentwood Subdivisi(Jn; th<;nce running southwesterly and west on the southerly line of Woodridge Boulevard for a distance of 632.87 feet, or 192.899 meters, to the west line of Section 30 in Township 11 North, Range 9 West of the 6th P.M., in Webb Road; thence running north on the west line of said Section 30 in Webb Road for a distance of 360 feet, or 109.728 meters; thence running east on a line parallel to and 300 feet, or 91.44 meters, north of the west prolongation of the north line of Woodridge Boulevard, and, continuing east parallel to the north line of Woodridge Boulevard for a distance of 240 feet, or 73.15 meters, more or less, to the west line of Lot 38 in Block 1 of Brentwood Subdivision; thence running north on the west line of Lot 38 in Block 1 of Brentwood Subdivision for a distance of 17 feet, or 5.182 meters, to the northwest corner of Lot 38 in Block 1 of Brent- wood Subdivision; thence running east on the north line of Lot 38 and Lot 37 in Block 1 of Brentwood Subdivision for a distance of 192.45 feet, or 58.659 meters, to the southwest corner of Lot 36 in Block 1 of Brentwood Subdivision; thence running north on a west line of Block 1 in Brentwood Subdivision for a distance of 648.1 feet, or 197.541 meters, to the northwest corner of Lot 30 in Block 1 of Brentwood Subdivision; thence running east on a north line of Block 1 in Brentwood Sub- division for a distance of 970.78 feet, or 295.894 meters, to the northeast corner of Lot 16 in Block 1 of Brentwood Subdivision; thence running north on the wes" line of Lot 1 in Block 1 of Brentwood Subdivision for a distance of 31.35 feet, or 9.555 meters, to a point 300 feet, or 91.44 meters, north of Woodridge Boulevard; thence running east on a line parallel to and 300 feet, or 91.44 meters, north of the north line of Woodridge Boulevard for a distance of 560 feet, or 170.688 meters, more or less, to the west line of Brentwood Boulevard, being the point of beginning, all as shown on the plat marked Exhibit "A" dated 4/15/77 attached hereto, and incorporated herein by reference. SECTION 3. The following streets in the district, shall be improved by paving, curbing, guttering, and all incidental work in connection therewith: Woodridge Boulevard from the west line of Brentwood Boulevard to the east lirte of the existing paving in Webb Road, and Woodridge Place from Woodridge Boulevard to and around the cul-de-sac at the north end of Woodridge Place, and Woodridge Court from Woodridge Boulevard to and around the cul-de-sac at the north end of Woodridge Court, and Woodridge Lane from Woodridge Boulevard to and around the cul-de-sac at the north end of Woodridge Lane. Said improvements shall be made in accordance with the plans and specifications prepared by the Engineer for the City and approved by the Mayor and Council. SECTION 4. The improvements shall be made at public cost, but the cost thereof, excluding intersections, shall be assessed upon the lots and lands in the district specially 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. - 1 - . LEGAL DEPARTMENT . . ORDINANCE NO. 6119 (Cont'd) e. Register of Deeds, Hall County, Nebraska. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the SECTION 7. After passage, approval, and publication of this ordinance, notice of the creation of' of general circulation in said City as provided by law. said district shall be published in the Grand Island Daily Independent, a legal newspaper published and Enacted A P R 1 8 1977 ATTEST: ~/~~#J - 2 - 4~ es~dent of' the Council ~._~~'..'*.,.......'('~.,,~:~ -----:~~""~,'" '~==..::;~:::=~;:~.t~~:~r~~~.::::.:~~~::"~~~:j;a:::~u."' r;;;Z::.'~~........,.._~~~, r . ~ POOH I!OH :)! j'jOd uo1un . 4:>00'8 4~.,.;or 'IS__~_ N"O~ IS~M 2_ _ '_M" .. l:-rr ll1t'lJ>id;:;:; 4uawuo3 ,o~ ' IU~W~U3 ,oz.::;;r - 71nll <II <( -g t: ~ ~ " VI W .... <1 ..... ~ '= rr. t eJ ~ .,. ? tr ~ =,f ct (~) cr. <..l '.J 0 j Cl N d VI ~ '" J I::: - ~~ '1 n 11 ~ m -, rr. ~ ;z '8 " ~J n rr ~, ~ N :I: Q / "-: " i u 0 : X 0 z P- I>) t<' W W ~ C(; ..J ~ ~ <t U u C/. ,7 71 ,~'~" '0 '" ,:"ILI1 ~ U 0:: U Q z 0 en 0:: W > .. Z '" Qj 0 ~ U a) U (5 a: ~ I- " W .... ~ u.. _...-.~-- _.... .,~-~~",,~~,. ,~,~ .r:~''':'~1'''';'I!, ': ''r'>~~;'r~,'' ~...r.l.z1!'5.::l:!\*,i:-:' ;,. ,'~~:';2r;7[21,,::;';~'i::'.:Z':~,:';,{J"cj"~:?~~....... ~~""'.,..~~ ~. ;J~:.~.,,_. "'.".'-~\~v"""~"'>'-"-'/':'~".06-~''''~~liifi .... t'\Jo'-":"~ .....<'V..-.....n.t' '" I l N Q "t' .., U) -t~ N "t' ~ :i :> z.: .., N I'- IX) 0\ to If) .; "t' ., .., .., N ,B10l9 N ,"' ~ '" 2' ~ aJ "- 0", __c;; '" . e~ o 8 ~ W 0:: OJ o ~ I- Z W n: CD N ~ N N .tr"6~ to , wOOOMJ.N3H8 -----....,.:.. ,09 ~.c..! 1\ ,~I ,w ~ ' ' r<) Q N, - 0 o ... = ~ '01 ~I 0\ Q !? . 1 J ... 10.. ... n: I -- Y2 ~ IX) :::> ., ~ " =' ,.. '" !::: 0 a) OJ I'- ~ to :!l: :511"I m "t' '" ... ~ ~~ ~ D ~ <1--'>. U). ~ N ~ ':f, r<) ,IllV9 \? VOH---~"" 6 -1l-0( ':1.1$ !O aun &SIIM-..J .o~" N 0\ C> I'l .. '" oj ... W "' l.') a 0: ~ ~ -0;0::- a)-NN -(j)U'i('O U;ooo oZzz z '-0-0 "2~gg ~ ~~~ >o.g .g -8 - c C'C ~:>::>~ 5~J3riS ~~2?2 0\0'0\ ~ 00.> ..,.zzz ~!!:!!:;;! .. .. .. _-:n~1n ,!:!CiOCi ii 0-1:- ~4J~ ..EEE ...."'!! tl;ee CI) 2i. 0. 0. E E E >0- - - ,gl!a:a; 5_~l= U)U)CI)(I) II. : : t , . I, : I . :t 83M- o z w o ~ . . ORDINANCE NO. 6120 An ordinance creating Street Improvement District No. 919 defining the boundaries of the district; providing for the improvement of a street within the district by paving, guttering, and all incidental work in connection therewith; and to provide for an effective date of this ordinwlce. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF' GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 919 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning on the west line of Brentwood Boulevard and 130 feet, or 39.624 meters, north of the north line of Briarwood Boulevard; thence running south on the west line of Brentwood Boulevard for a distance of 345 feet, or 105.156 meters, to the southeast corner of Lot 10 in Block 3 of Brentwood Subdivision; thence meandering westerly on the southerly line of Block 3 in Brentwood Subdivision for a distance of 1,509.55 feet, or 460.114 meters, to the south- westerly corner of Lot 1 in Block 3 of Brentwood Subdivision, being on the easterly line of Woodridge Boulevard; thence running northeasterly on the easterly line of Woodridge Boulevard for a distance of 420.51 feet, or 128.171 meters, to the northwesterly corner of Lot 23 in Block 2 of Brentwood Subdivision; thence running east on the north line of Lot 23 to Lot 13 inclusive, for a distance of 1,264.06 feet, or 385.285 meters, to the west line of Brentwood Boulevard, being the point of beginning, all as shown on the plat marked Exhibit "A" dated 4/15/77 attached hereto and incorporated herein by reference. SECTION 3. The following street in the district, shall be improved by paving, curbing, guttering, and all incidental work in connection therewith: Briarwood Boulevard from the west line of Brentwood Boulevard to the easterly line of Woodridge Boulevard. Said improvements shall be made in accordance with the plans and specifications prepared by the Engineer for the City and approved by the Mayor and Council. SECTION 4. The improvements shall be made at public cost, but the cost thereof, excluding intersections, shall be assessed upon the lots and lands in the district specially 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. 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 the ordinance, notice of the creation of said district shall be published in the Grand Island Daily Independent, a legal newspaper published and of general circulation in said City as provided by law. Enacted APE 1 8 1977 ;)~ A'ITEST: ~ ;f~ ~~ ident of the Council , ! I ~PR01fr IJR 1 4 1971 LEGAL Dt "'TMENli ~...._ ....' .,' ,'_ . _ _'" " . . .,' .""_ __...~__~.-tl'''''''''''''''1''1,~~ I ',~~t'7~~J9!',<?ft:~,.~:;.~~,_~,>#,1~I'TJIt"~Jl,~~\'r"~.~',~:l.~'''.~~~:~J,''lor~_~r~',~'~~~~~''_~'1'#t~..~_,...., ,.,' ""_' ..._._,~f.::_ ., ~~.L--'~'~l'-"'~"~J(bI>'';';~>':;(itj~~ItJ:i-:~,Cw'~.t~rJ.M.tl~4.~.JJ.w'~:J'.J,:~;'.j~}:~il&li~',j/WJ~~~lo!t'+.t1fh/.,rt),fj'ili~~ ~71 PlXlHI!CJ!j :l!I!:lOd uo1un 'lpllllJO 4dxO/' 'IS B\.f1 7,o,0'!j IsaM ~ _.. _ _... h_"'__~ __ I ;~ ml'lJtkl':::" -." luawuo3 ,01;)) ---'L:: .. -'\;' IU3U.H,S03 .02 .::;r--- 7/,n/l !' .,. t -~ l ,... u> I I If) 0 .,. eo '" rtl (\I ;. .. ~ I J p r I I e. 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CD N '" W <D C> o 0.: ~ ::: '.f ~83M- o z w C> ~ (7\ <XI --mo= <XI = (\1(\1 =u>wiD u>ooo ozzz Z'i?"21i -2898 ~ ~~~ ~.g ~.~ ~SS~ ~!!?Q)2 (7\(7\(7\ ~ooo .,.zzz i~~~ ..~~i; .~ 0 CI 0 ~ occ- t.J G.t ~ ~ E E E .. ... ... ~ ~l;ee C/')~Q.Q. >o! ! .E ,~~1iii ~_.::~ C/')C/')C/')(f) I : . . . . . ORDINANCE NO. 6121 An ordinance creating street Improvement District No. 920; defining the boundaries of the district; . providing for the improvement of streets within the district by paving, guttering, and all incidental work in connection therewith; and to provide for an effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CI'I'Y OF GRAND ISLAND, NEBRASIffi: SECTION 1. Street Improvement District No. 920 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. 'the boundaries of the district shall be as follovrs: Beginning on tile north line and 15 feet, or 4.572 meters, west of the northeast corner of Lot 13 in Block 1 of Brentwood Subdivision; thence running east on the north line of said Lot 13, and on the north line of Lot 12 in said Block 1 for a distance of 300 feet, or 91.44 meters, to the west line of Brentwood Boulevard, and continuing east across Brentwood Boulevard and on the north line of Block 4 in Brentwood Subdivision for a distance of 6111. 92 feet, or 187.428 meters, to the northeast corner of said Block 4; thence running south on the east line of said Block 4 for a distance of 770.72 feet, or 234.915 meters, to the southeast corner of said Block 4; thellce running southwesterly on the southerly line of said Block 4 for a distance of 579.25 feet, or 176.555 meters, to the southwest corner of said Block II, being on the east line of Brentwood Boulevard; thence running south on the east line of Brentwood Boulevard for a distance of 499.38 feet, or 152.211 meters, to a southeast corner of BrentwQod Subdivision; thence running on the southerly, westerly, and northerly line of Brentwood Subdivision, being on three sides of Block 5 of said Subdivision, for a distance of 1,908,32 feet, or 580.132 meters, to the northeast corner of Lot 1 in Block 5 of Brentwood Subdivision; thence running north on the west line of Brentwood Boulevard for a distance of 170 feet, or 51.816 meters, to the southeast corner of Lot 10 in Block 3 of Brentwood Subdivision; thence running west on the south line of Block 3 in Brentwood Sub- division to a line parallel to and 300 feet, or 91.44 meters, west of the west line of Brentwood Boulevard; thence running north on a line parallel to and 300 feet, or 91.44 meters, west of the west line of Brentwood Boulevard for a distance of 817 feet, or 249.022 meters, more or less, to the point of beginning, as shown on the plat marked Exhibit "A" dated 4/15/77, attached hereto and incorporated herein by reference. SECTION 3. 'lhe following streets in the district shall be improved by paving, curbing, guttering, and all incidental work in connection therewith. Brentwood Boulevard from the south line of Piccadilly Square Subdivision to the south line of Brentwood Subdivision, and Brentwood Place from Brentwood Boulevard Boulevard to and around the cul-de-sac at the east end of Brentwood Place, and Brentwood Court from Brentwood Boulevard to and around the cul-de-sac at the east end of Brentwood Cour~ and Brentwood Circle from Brentwood Boulevard to and around the cul-de-sac at the west end of Brentwood Circle. Said improvements shall be made in accordance with the plans and specifications prepared by the Engineer for the City and approved by the Mayor and Council. SECTION 4. 'lhe 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. 'lhis ordinance shall be in force and take effect from and after its passage, approval, ~ld publication, without the plat, as provided by law. SECTION 6. 'lhis ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 7. After passage, approval, and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Daily Independent, a legal newspaper published and of general circulation in said City as provided by law. Enacted APR 1 8 1977 . ATTEST: q:?/f~ ~ City Clerk - LEGAL O~~~RTMENT ~~~r.~~I~~'~~"':""''''''f'''''~''''"'~~''"lr''''~~'''''''""'''~~,~ro"'1'"'~'':'''''~;;>~'''\i"~"'W~",~",~.~"-",,,.,"\.r~;' , ~~~'.""l~~~,w'ti''i.tt~'M'\!Uo.Nta-~'~.l{.:j'':i.l~41~_~:t'~,j.:t"lr*~~6;~~~~.;~..ff.,~~Yi\~d~l1a'!)-,~....,~~.~I'a'M'~.8a'. pOO!jI!D!j :l!I!:lDd U01Un '4:>vPIO 4dxor 'IS ~ .M'O'!j I$~M;:;J _ 4uawa~o3 .~I~_ _ - - - :- - ,.-. . ::.:::...-,.;:;:;.- - "'\; '=lI -I.nrlJold..:....' ---- luaW"$03,OZ.:;;T , 7Fn/J , ~ 'X;; . ~ ~~~)-:~~" ,-- r-- ~ "T Qr:!:::: G ~ a: rtl ~~- \ 'iN .. a '".. a 0 ;,; illrtl 8 = '"' ~ N ~ N~ ~!Q I-(\i: w z ~~ _ a: rt'l ~ ~o co ~ -:iF.. g; CD ~ J Z M. 'tr. ..... ~/~",OOOMl.N3~tl8 ,0') rz.w (is' ,o;:.:c;~ . ~. ~ rtl I. ~ - I Q v '~i ICl \l a 0 1, ~~ ~ (f\ U> ~~ -=:; ~ l~'d; ~ :0-. I() !< l? ,07.') OtlWGln08 /, 7- .",_1'; I ;<: .~'G9C ./ ~o f") l5Z Q = ~t;; "-0 o N. 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'" Cij :::;: IX) 3 rtl .\').L1'1~ ,.. o rtl @! ~ r: 'It ~Itj IX) ~, ~\I --....00/_ - u 0: I- W 2 " --' u.. ;;1 N rtl ~ if, 0\ 'It ~ I ;~ ,~ ~ ~ ~. rtl ~ il "!!--t. .>f ~ N ~l ~ _ f') ~ OCr l'l1 ~ .:J7I)OE) " I'- rtl - ,U / ;... co N .... W ... l.'> o 0: ~ 3= '-f n83M- ....' n .. '" 0 .... & '''1 ~ ~~g nvoo _ _ ':l '1/ 'J -6 -1I-0( ':>as jO <lUn 4SllM.J 1 r- .1~9 ! I' .... ": ~ ~ ,01: Cl rtl .O~~ o z ~:~r~i1S~~~~T\~.~.~~!!.,~r'~~"'l~~~~'~~i1~~~".X~~'~~':~~~~~~';;~~':~:7::'~-:;']~;~~:~i!'-:~7'~~-~'::~~~~{~~u~~~'~,~~~a.~~~1tIN9~f~ ,'- '.. .. .. . }Ill' '.~_.. .L~.>I."'"'h,'"'.......:Ji.Jrj-'llItf:&~l'...J l.'l'"t..J." ~ . ~~....:ew. . . ./ ORDINANCE NO. 6122 No. 318 of the City of Grand Island, Nebraska; providing for the collection of such special tax; and An ordinance assessing and levying a special tax to pay the cost of construction of Water Main District repealing W1Y provision of the Grand Island City Code, ordinances, and parts of ordinances, in conflict herewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and p~rcels of land specially benefited, for the purpose of paying the cost of construction of said water main in said Water Main District No. 318, as adjudged by the Mayor and Council of said City, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands as follows:" NAME LOT ADDITION Warren Sub. " Warren B. and T'heresa M. Garrett 12 Warren B. and Theresa M. Garrett 13 I- Warren B. and Theresa M. Garrett 14 Z Warren B. and 'I'heresa M. Garrett 15 ~ Warren B. and 1'heresa M. Garrett 16 I- Warren B. and Theresa M. Garrett 17 ~ Warren B. and Theresa M. Garrett 18 fu vTarren B. and Theresa M. Garrett 19 o E. Dean and Judith A. Wolfe 47 -J John Kallas Estate Beginning at a point on the north line of North C3 Front Street, said point also being the southeast corner of Lot 17, Holfe' s ~ Subdivision; thence north along the east line of Wolfe's Subdivision for a distance of 130 feet; thence east 130 feet and parallel to said north line of North Front Street for a distance of 322.5 feet; thence south a distance of 130 feet to the north line of North Front Street; thence west along said north line of North Front Street a distance of 322.5 feet to the point of beginning " " " " " " Wolfe's Sub. 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; AMOUN1' $1,553.45 932.89 896.79 865.40 1,038.36 865 . 21 865.11 1,327.77 523.55 1,696.23 and one-fifth in four years, respectively, after the date of such levy; provided, however, the entire amount of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said so assessed and levied against any lot, tract, or parcel of land may be paid within fifty days from the date installments, except the first, shall draw interest at the rate of seven per cent per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of nine per cent per annum shall be paid thereon, until the same is collected and paid. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Sewer and Water Extension Fund" for Water Main District No. 318. 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. 'Ibis ordinance shall be in force and take effect from and after its passage, approval, and - Daily Independent, as provided by law. -#f!~~ publication within fifteen days in one issue of the Grand Island Enacted APR 1 8 1977 ATrEST'~~.{k~.~ - . . ORDINANCE NO. 6123 An ordinance creating Sanitary Sewer District No. 431 in the City of Grand Island, Nebraska; defining the boundaries of the district; providing for the laying of a sanitary sewer main in said district; providing for plans and specifications and securing bids; providing for the assessment of special taxes for constructing . such sewer and collection thereof; and to provide for the effective date thereof. BE IT ORDAINED BY THE MAYOR AND COUNcn, OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Sanitary Sewer District No. 431 of the City of Grand Island, Nebraska, is hereby created for the laying of an eight (8) inch vitrified clay pipe, or an eight (8) inch polyvinal chloride plastic pipe, and appurtances thereto. SECTION 2. The boundaries of such sanitary sewer district shall be as follows: Beginning on the south line of Park Drive at the northeast corner of Lot 19 in Block "c" of Park View Subdivision; thence running south on the east line of Lot 19 and Lot 20 in said Block "c" for a distance of 347.8 feet, or 106.009 meters, to the north line of Commerce Avenue; thence running west on the north line of Con~erce Avenue for a distance of 837.2 feet, or 255.179 meters, to the east line of Blaine Street; thence running north on the east line of Blaine Street for a distance of 70.25 feet, or 21.412 meters, to the north line of Sanitary Sewer District No. 406; thence running west on the north line of Sanitary Sewer District No. 406 for a distance of 233 feet, or 71.018 meters; thence running north on a line parallel to and 233 feet, or 71.018 meters, west of the east line of Blaine Street to the south line of Sanitary Sewer District No. 389, being 923 feet, or 281.330 meters, south of the center line of Stolley Park Road; thence running east on the said south line of Sanitary Sewer District No. 389 for a distance of 240 feet, or 73.152 meters, to the .east line of Blaine Street; thence running south on the east line of Blaine Street for a distance of 122.75 feet, or 37.414 meters, to the south line of Park Drive; thence running east on the south line of Park Drive for a distance of 829.6 feet, or 252.862 meters, to the northeast corner of Lot 19 in Block "c" of Park View Subdivision, being the place of beginning, all as shown on the plat marked Exhibit "A" dated 4/15/77, 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 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 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 a 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. The "Temporary Construction Easements" previously acquired for access, equipment, supplies, and earth embankment for the construction of Sanitary Sewer District No. 405 and not constructed, but part of said district No. 405 repealed and Sanitary Sewer District ,No. 431 created to serve that part of district No. 405 repealed, said "Temporary Construction Easements" previously acquired shall be in force and effect for Sanitary Sewer Distrct No. 431 until constructed and accepted by the Grantee. - 1 - . . ORDINANCE NO. 6123 (Cont'd) SECTION 6. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. SECTION 7. That this ordinance, with the plat thereof, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. Enacted APR 1 8 1977 the Council ATTEST: ;f/ ~~C1' / City C erk - 2 - --, e ~ '!\~~ ~ ~...~ ~ ......... <?~~, Q:: ~ C:) ~ MATCH MATCH LINE LINE N 28 27 ,...: r<) 173_ 9' 173.9' a:> 60' a:> -~ 60' I{) III III o . 0 26 25 - (]) N a:> ~-{ O'v'v C:J~ = 24 23 = 4..J ~ Q:: = 22 21 ~ ~ C) a:> a:> I{) ~ III ~ ~ ~ 20 19 Q:: ~~ ~ 173.9' 173.9' ) Q: ~~ -- PT. OF BEGINNI G 60' 60' 18 . 17 I I I 1- J MET R IC CONVERSION I Ft. =.3048 Meter ~) E X HI 81 T II A II AMENDED PLAT 9/5/77. CITY OF GRAND ISLAND, NEBR ENGINEERING DEPARTMENT. I PLAT TO ACCOMPANY ORD. -I . NO. 6123. . ~_ I SCALE: I": 100' O~.J. "4/15/77.1 SHEET I of 2. SANIT ARY SEWER DIST. NO. 431. ~ ~~~ Q~ f NORTH LI NE OF SAN ITARY SEWER DIST. NO. 406. ~t>-~~' MATC H LINE It If') If') C\J 10 10 .' '- ~>t(\~ ~.,Ibc ~. ~ ~ ~\Q -If') If') C\J 34 <Xl 10 o <Xl 10 o 173.9' ~ ~ ~ 8 32 173.9' 33 7' EASEMENT 31 30 29 173.9' I I 27 I I S~~. 28 METRIC CONVERSION I Ft. = .3048 Meter. SHEET 2 of 2 SANITARY SEWER DIS1: NO. 431. J SOUTH LI NE OF SANITARY SEWER DIS . NO. 389. 160 o C\J ~. -0 0 ,,"" ~ ~ ~"" rz.; 33' 33' 160' -10 10 If') If') -0 'It ,J , 122 .75 .... - 60' 40' 33' en <Xl ~-( Q\...\... <Xl Cf;)~ 10 0 "" ~ ~ K 'f.. V) <Xl ~ ~~~ 10 ~ 0 MATCH -10 LINE en C\J <Xl ~ ~ (8)J EX HI 81 T II A II AMENDED PLAT 9/5/77. CITY OF GRAND ISLANDJ NEBR. ENGINEERING DEPARTMc.NT. I PLA T TO ACCOM PANY ORD. I . NO. 6123. . . I SCALErJ ". 100' D. L.J. 4115/77.1 . . .'? i __ "",1t / CITY OF GRAND ISLAND, NEBRASKA ORDINANCE NO. 6121j. AN ORDINANCE OF THE CITY OF GRAND ISLAND, NEBRASKA, AUTHORIZING THE ISSUANCE OF VARIOUS PURPOSE BONDS OF THE CITY OF GRAND ISLAND OF THE PRINCIPAL AMOUNT OF FIVE HUNDRED EIGHTY THOUSAND DOLLARS ($580,000) TO PAY THE COST OF IMPROVING STREETS IN STREET IMPROVEMENT DISTRICTS NO. 831, 856, 858, 859, 861, 862, 863, 864, 865, 866, AND 891; TO PAY THE COST OF IMPROVING STREETS IN STREET IMPROVEMENT DISTRICTS NO. 867,868, 869, 870, 871, 872, 873, 874, 875, 876, 877, 878, 879, 880, 881, 882, 883, 884, 885, 886, 887 and 892; PRESCRIBING THE FORM OF SAID BONDS AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE SAME. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: Section 1. The Mayor and Council of the City of Grand Island, Nebraska, hereby find and determine: That pursuant to ordinances heretofore duly enacted, Street Improvement Districts No. 831, 856, 858, 859, 861, 862, 863, 864, 865, 866 and 891 were created in said City and certain street improvements were constructed in each of said dis- tricts; that said improvements have been completed and accepted by the City; that the costs of said improvements as heretofore found by the City Engineer and Mayor and Council, is $557,553.64, of which $254,973.25 i~ district cost and $302,580.39 is the cost of improving intersections, areas formed by the crossing of streets, avenues, alleys and streets adjacent to real estate owned by the City; that additional miscellaneous costs, including interest on war- rants, have been incurred for said improvements; that special assessments have been levied according to law on the real estate in said districts specially benefited by said improve- ments and such special assessments are valid liens on the lots and tracts of land upon which they are assessed; that after applying all monies collected from the special assess- ments and other funds available for such purpose, there . . ORDINAnCE NO. 6124 still remains due and payable from the City on th~ district cost not less than $176,000.00 and on the intersection cost, not less than $127,000.00; that all conditions, acts and things required by law to exist or to be done precedent to the issuance of Intersection Improvement Bonds in the amount of $127,000.00 pursuant to Section 16-626, R.R.S. Neb. 1943, and to the issuance of Street Improvement Bonds of said districts in the amount of $176,000.00 pursuant to Section 16-623., R. R. S. Neb. 1943, do exist and have been done as required by law. Section 2. . The Mayor and Council of the City of Grand Island further find and determine: That pursuant to resolutions heretofore duly enacted, Street Improvement Districts No. 867, 868, 869, 870, 871, 872, 873, 874, 875, 876, 877, 878, 879, 880, 881, 882, 883, 884, 885, 886, 887 and 892 were established .in said City and certain street improvements were constructed in each of said districts; that said improvements have been completed and accepted by the City; that the cost of said improvements as heretofore found by the City Engineer and Mayor and Council is $343,750.32; that additional miscellaneous costs, including interest on warrants, have been incurred for said improvements; that special assessments have been levied according to law on the real estate specially benefited by said improvements and said special.assessments are valid liens on the lots and tracts of land upon which they are assessed; that after applying all monies collected from the special assessments and other funds available for such purpose, there still remains due and payable on the cost of said improvements not less than $277,000.00; that all conditions, acts and things required by law to exist or to be done precedent to the issuance of Paving Bonds for said Districts in the amount of $277,000.00 pursuant to Sections 18-2001 through 18-2004, R.R.S., Neb. 1943, do exist and have been done as required by law. -2- ORDDi^.NCE NO. 6124 Section 3. The Mayor and Council of the City of Grand Island further find and determine: That all conditions, acts and things required to exist or to be done precedent to . the issuance of Various Purpose Bonds of the City of Grand Island, Nebraska, in the principal amount of Five Hundred Eighty Thousand Dollars ($580,000) under Sections 18-1801 and 18-1802, R.R.S. Neb. 1943, to pay the costs of improve- ments described in Sections 1 and 2 hereof, do exist and have been done as required by law. Section 4. To pay the cost of the improvements specified in Sections 1 and 2 hereof, there shall be and there are hereby ordered issued, Various Purpose Bonds of the City of Grand Island, Nebraska, in the principal amount of Five Hundred Eighty Thousand Dollars ($580,000) consist- ing of 116 bonds numbered from 1 to 116, inclusive, of $5,000.00 each, dated May 1, 1977, bearing basic interest and with principal to become due on May 1 of the year as indicated below: Principal Maturing On Basic Interest Bond No. Amount May 1 of Year Rate Per Annum 1 - 12 $60,000 1978 3.000 13 - 24 60,000 1979 3.200 25 - 36 60,000 1980 3.400 37 - 48 60,000 1981 3.625 49 - 60 60,000 1982 ~.875 61 - 72 60,000 1983 . .000 73 - 83 55,000 1984 4.100 84 - 94 55,000 1985 4~ 200' 95 - 105 55,000 1986 4.300 106 - 116 55,000 1987 4.350 In addition to the foregoing basic interest, Bonds No. 1 to 116 , inclusive, shall bear supplemental interest at the rate of 0.600 percent per annum from May 1, 1977 until May 1 , 19 78 , said supplemental interest to be evidenced by separate coupons bearing the letter A, which separate coupons may be detached and sold separately. . Interest as shown above shall be paid semi-annually on the first day of l~ay and November of each year, starting November 1, 1977. Attached to each bond shall be negotiable coupons for the interest to become due thereon. -3- . . , . . ORDnrorcE NO. 6124 Bonds No. 61 to 116, inclusive, may be redeemed prior to maturity at any time on or after May 1, 1982, at par and accrued interest to the date fixed for redemption. Section 5. Said bonds shall be executed on behalf of the City by being signed by the Mayor and the City Clerk and shall have the City Seal impressed on each bond. The interest coupons shall be executed on behalf of the City by the Mayor and City Clerk, causing facsimile signatures to be affixed thereto, and the Mayor and City Clerk by the execution of each bond shall be deemed to have adopted their facsimile signatures affixed to the coupons as their own proper signa- tures. Section 6. Said bonds and coupons shall be in substantially the fOllowing form: -4- . . ORDmANCE NO. 6124 UNITED STATES OF AMERICA STATE OF NEBRASKA COUNTY OF HALL . VARIOUS PURPOSE BOND OF THE CITY OF GRAND ISLAND No. $5,000.00 KNOW ALL MEN BY THESE PRESENTS: That the City of Grand Island, in the County of Hall, in the State of Nebraska, hereby. acknowledges itself to owe and for value received promises to pay to bearer hereof the sum of $5,000.00 in lawful money of the United States of America on the first day of May, 19 , with interest thereo~ from date hereof (here insert interest rates as shown in Section 4 of this Ordinance) payable semi-annually on the first day of May and November of each year, starting November 1, 1977., on pre- sentation and surrender of the interestcotlpbnshereto attached as they severally become due. Bonds of this issue maturing on or after May 1,1983, are redeemable at the option of the City. at any time on or after May 1,1982, at par plus accrued interest to the date fixed for redemption. Both the principal hereof and the interest hereon are pay- able at the office of the County Treasurer of Hall County in Grand Island, Nebraska. For the prompt payment of this bond, principal and interest, as the same become due, the full faith, credit and resources of said City are hereby irrevocably pledged. This bond is one of an issue of 116 bonds numbered from 1 to 116, inclusive, of $5,000 each in principal amount, of the total principal amount of Five Hundred Eighty Thousand Dollars ($580,000) of even date and like tenor except as to date of maturity and rate of interest, which were issued by the City for the purpose of paying the costs of improving streets, intersections and areas formed by the crossing of streets, avenues and alleys, and streets adjacent to real estate owned by the City in Street Improvement Districts No. 831, 856, 858, 859, 861, 862, 863, 864, 865~ S66 and 891 and in Street Improvement Districts No. 867, 868; 869, 870, 871, 872, 873, 874, 875, 876, 877, 878, 879, 880,881,882, 883, 884, 885, 886, 887 and 892 in strict compliance with Article 6, Chapter 16, Article 20, Chapter 18, and Sections 18-1801 and 18-1802, R.R.S. Neb. 1943, and has been duly authorized by ordinance legally passed, approved and pub- lished, and by proceedings duly had by the Mayor and Council of said City. . IT IS HEREBY CERTIFIED AND WARRANTED that all conditions, acts and things required by law to exist or to be done precedent to and in the issuance of this bond did exist, did happen and were done and performed in regular and due form and time as required by law and that the indebtedness of said City, including this bond, does not exceed any limitation imposed bylaw. The special assessments levied upon the real estate specially benefited by said improvements are valid liens on the lots and tracts of land upon which they have been levied, and when collected, shall be. set aside and constitute a sinking fund for the payment of -5- . . ORDmwcE NO. 6124 the principal and interest of said bonds. The City agrees that it will collect said special assessments and, in addition thereto, will cause to be levied and collected annually a tax by valuation on all the taxable property in the Cit~ in addition to all other taxes, sufficient in rate and amount to make up the deficiency between the amounts collected on said special assessments and the amount required to fully pay the principal and interest of said bonds as the same become due. IN WITNESS WHEREOF, the Mayor and Council have caused this bond to be executed on behalf of the City of Grand Island by being signed by the Mayor and City Clerk and by causing the official seal of the City to be affixed hereto, and have caused the interest coupons hereto attached to be executed on behalf of the City by having affixed thereto the engraved facsimile signatures of the Mayor and City Clerk, and the Mayor and City Clerk do, by the execution of this bond, adopt as and for their own signatures their respective facsimile signatures affixed to said coupons. DATED this first day of May, 1977. CITY OF GRAND ISLAND, NEBRASKA By: Mayor ATTEST: City Clerk (FORM OF COUPON) No. $ On the first day of November (May), 19 , the City of Grand Island, Nebraska, (unless the bond to which this coupon pertains has been called for redemption and money .provided therefor prior to said date) will pay to bearer Dollars at the office of the Treasurer of Hall County, in the City of Grand Island, Nebraska, for interest due on that day on its Various Purpose Bond, dated May 1, 1977, Bond No. City Clerk Mayor -6- __,""'t . . ORDmAl1CE NO. 6124 Section 7. The special assessments levied upon the real estate as described in Sections I and 2 of this Ordinance and the interest on said assessments shall constitute a sinking fund for the payment of the principal and interest of said ~ bonds. The City agrees that it will collect said special assessments and, in addition thereto, will cause to be levied and collected annually a tax by valuation on all the taxable property in the City, in addition to all other taxes, sufficient in rate and amount to make up the deficiency between the amounts collected on said special assessments and the amount required to fully pay the principal and interest on said bonds when and as such interest and principal become due. Section 8. After being executed by the Mayor and Clerk, said bonds shall be delivered to the Treasurer of said City who shall be responsible therefor under his official bond. The Treasurer of said City shall cause said bonds to be registered in the office of the County Clerk of Hall County and with the Auditor of Public Accounts of the State of Nebraska. The City Clerk is directed to make and certify in duplicate transcripts of the proceedings of the City' precedent to the issuance of said bonds, one of which transcripts shall be filed with the Auditor of Public Accounts of the State of Nebraska and the other shall be delivered to the purchaser of said bonds. Section 9. Said bonds having been sold, the City Treasurer is authorized to deliver said bonds to the purchaser on receipt of the full payment of the purchase price, which shall not be less than par and accrued interest to the date of payment. ~ Section 10. The City hereby covenants to the purchasers and holders of the bonds hereby authorized that it will make no use of the proceeds of said bond issue, which, if such use had -7- " . .< '!> ononrANCE NO. 6124 been reasonably expected on the date of issue of said bonds, would have caused said bonds to be arbitrage bonds within the meaning of Section l03(c) of the Internal Revenue Code of 1954, as amended, and further covenants to comply with said Section l03(c) ~ and all applicable regulations thereunder throughout the term of said bond issue. Section 11. This Ordinance shall be in force and take effect from and after its passage as provided by law. PASSED AND APPROVED this 18th day of April, 1977. tf~#4--<<?'~- C~ty Clerk tf?1~ Mayor ~ -8- . . ORDINANCE NO. 6125 An ordinance directing and authorizing the conveyance of part of Block 14, Lambert's Addition to the City of Grand Island, Hall County, Nebraska, and certain adjacent property; providing for the giviry>: of notice of such conveyance and the terms thereof; providing for the right to file a remonstrance against such conveyance; repealing Ordinance No. 609 of the City of Grand Island; and providing the effective date thereof. BE IT ORDAINED BY TIlE MAYOR AND COUNCIL OF THE CI1~ OF GRAJij) ISLAND, NEBRASKA: SECTION 1. The conveyance to Lawrence Huwaldt, Gerald Jacobs, Yvonne M. Lund, and Daniel Casey of Lots One (1), Two (2), 1hree (3), and Four (4), in Block Fourteen (14), Lambert's Addition to the City of Grand Island, and the easterly forty (40) feet of the northerly one hundred thirty-two (132) feet of vacated Superior Street between 5th and 6th Street, is hereby authorized and directed. SECTION 2. The consideration for such conveyance shall be Four Thousand Three Hundred Seventy-five Dollars ($4,375.00); conveyance of the real estate above described shall be by warranty deed, upon delivery of the consideration, and the City of Grand Island will furnish an abstract of title. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Daily Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the city clerk is hereby directed and instructed to prepare and publish such notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by legal electors of the City of Grand Island equal in number to thirty percent of the electors of the City of Grand Island voting at the last regular municipal election held in such City be filed with the city council within thirty 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; ?~d if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to the said Lawrence Huwaldt, Gerald Jacobs, Yvonne M. Lund, and Daniel Casey, 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. That Ordinance No. 6098 of the City of Grand Island, enacted January 24, 19'77, be, and hereby is, repealed. SECTION 7. This ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted APR 1 8 1977. esident of the Council ;?~, ATTEST: &.a~ Ci ty Clerk . . - LEGAL DEPARTMENT . . ORDINANCE NO. 6126 An ordinance directing and authorizing the conveyance of Lot 9, Block 6, Evans 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 thereof. BE IT ORDAINED BY THE MAYOR AND COuNCIL OY THE CITY OY GRAl'lDISLAND, NEBRASKA: SECTION 1. The conveyance to LaYlrence E. Huwaldt and Anna M. Huwaldt, and Gerald H. Jacobs and Waltraud F. Jacobs, as joint tenants, of Lot Nine (9), Block Six (6), Evans 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 warranty deed, upon delivery of the consideration, and the City of Grand Island will furnish an abstract of title. SECTION 3. As provided by law, notice of such conveyance and the ter~s thereof shall be published for three consecutive weeks in the Grand Island Daily Independent, a newspaper published for general circu- 1ation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the city clerk is hereby directed and instructed to prepare and publish such notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by legal electors of the City of Grand Island equal in number to thirty percent of the electors of the City of Grand Island voting at the last regular municipal election held in such City be filed with the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to the said Lawrence E. Huwaldt and Anna M. Huwaldt and Gerald H. Jacobs and Waltraud F. Jacobs a warranty deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the city council. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication within fifteen APR in1 08e 19s.r?e of the Grand Island Daily Independent, as provided by law. Enacted ;y~ ATTEST: ~/~ City Clerk sident of the Council - APPROV~FORM Af4 1 5 1977 LEGAL DEPARTMENT . . ORDINANCE NO. 6127 An ordinance assessing and levying a special tax to pay the cost of conlltruetion of ~lllter Mtd.n Dilltriet No. 298 of the City of Grand Island, Nebrallka; providing for the collr)ction of' cueh cpcdo.l tr.x; ".M herewith. repealing any provision of the Grand Island City Code, ordino.nc(,n, o.nd purte 'Jr' r,rdinl.nr:f!rl, in "',nr1 jr:. BE rf OHDJ\INJ.:D BY ~m; MAYOR ANIJ C(Jl}NGIL OJ>' '11m CrfY 01-' r;HiV'IJJ r::LMlJi, fI/o:I:I~f\:;Y./\: SEC'J'ION 1. 1here in her,:by llnc':ceed uTl'Jn i.hr, f()llf)winl~ ,Jr,r:"r j l,r,'J 1, ,f.r:, I.rlJ,r:I,r:, ',.1,,1 pr.rN') r: '," ",:-, ~ specially benefited, for the purpone of paying the cost of conntruetirm r,t' r:lLid ~lf.l.t;r:r wdn in cILl') ::'"f..:r Main District No. 298, us adjudged by the Mr--lyor and Council of r:aid r:it.y, I,') ~,hr: 0xl;r:nl. r,f' br:n<:f'i I,:: 'J,':!"',!,', by reason of such improvement, after due notice having been given therer)f a:; prrJvidr:d by V.w; l.nd 'J. :;P':,:!I.l tax for such cost of construction is hereby levied at one time upon nuch lotc, tractc, and landc 0.:; ff)llows: NAME Descripti'Jn at a point 78' wect of and 33 north of thence north 66'; thence weet 87'; point of beginning, o.s recorded in Harry G. and Hazel L. Schmidt Beginning the southeast corner of Section 21-11-9; thence south 66'; thence east 87' to the Book 155, page 657, Register of Deeds Mark J. Schuele Commencing at a point 33' north of and 165' west of the southeast corner of Section 21-11-9; thence north 132'; thence west 66'; thence south 132'; thence east 66' to the point of beginning, as recorded in Book 160, page 625, Register of Deeds Howard S. Hinman Commencing at a point 231' c:es1; of the southeast corner of Section 21-11-9; thence 165'; thence west 66'; thence south-165'; thence east 66' to the point of beginning, as recorded in Book 166, page 560, Register of Deeds l- Z w :!: ~ c( n.. w o ..J c( (!) ~ Calvin R. and Ilene V. Ball Commencing at a point 297' west of the southeast corner of Section 21-11-9; thence north 165'; thence west 66'; thence south 65'; thence east 66' to the point of beginning as recorded in Book 117, pa&e 157, Register of Deeds Gerald E. and Sharon T. Manning Commencing at a point 363' west of the southeast corner of Section 21-11-9; thence north 165'; thence west 66'; thence south 165'; thence east 66' to the point of beginning, as recorded in Book 158, page 324, Register of Deeds Allen L. and Phyllis Jean Doremus Commencing at a point 429' west of the southeast corner of Section 21-11-9; thence north 165'; thence west 66'; thence south 165'; thence east 66' to the point of beginning, as recorded in Book 166, page 621, Register of Deeds Melvin E. and Cynthia L. Sperling Commencing at a point 495' west of the southeast corher of Section 21-11-9; thence north 165'; thence west 66'; thence south 165'; thence east 66' to the point of beginning, as recorded in Book 171, page 112, Register of Deeds office Emil L. Kuta Commencing at a point 33' west of and 33' north of the southeast corner of the SE~ of Section 21-11-9; thence west 0" the north right-of-way line of the public road a distance of 528' to the actual point of beginning; thence north 132'; thence west 91'; thence south 132'; thence east 91' to the point of beginning, as recorded in Book 162, page 325, Register of Deeds Ronald L. and Linda K. McDermott Beginning at a point in the south line of Section 21-11-9 which lies 582' east of the southwest corner of the SEisEt of said Section 21-11-9; thence north and parallel with the east section line a distance of 103'; thence west and'parallel and 103' north of the south line of said section a distance of 40';thence north and parallel with the east line of said Section 21 a distance of 74'; thence east and parallel and 177' north of the south line of said section a distance of 128'; thence south parallel to the east line of said Section 21 a distance of 177'; thence west 88' to the point of beginning Leona B. Luth Hayworth Beginning at a point on the south line of the SEisEt of Section 21-11-9, said point being 512' east of the southwest corner of the SEisEk; thence north 103'; thence east 40'; thence south 103'; thence west 40' to the point of beginning, as recorded in Book 98, page 531. Register of Deeds - 1 - ~--~-~---_.., f..m<)un t t601. 91 $456.62 $368.85 $368.85 $368.85 $368.85 $368.85 $519.74 $491.80 $223.5'+ Jj ORDINANCE NO. 6127 (Cont'd) . Maxon E. and Sharon K. Leth Commencing at the E~ corner common to Sections 21 and 28; thence east along Imdupon the south line of the :mC-CEG- of Section 21-11-9 a distance of 462' to the point of beginning; thence north 177'; thence east 80'; thence south 176.6'; thence west 80' to the point 01' beginning, as record<:d in llook 1'71, puee 482, l<eei::ter of Geed::; William L. and Rosemary Werner Jack Bailey Estate Lot 1, Jack Bailey Subdivi::;ion Lot 2, Jack Bailey Cubdivision George and Irene A. 0' Brif;n 'l'he north 100' of the ::;outh 13Y (Jf' the swbcwtaEk Section 21-11-9, except the west 100 feet, as recorded in Book 99, page 64, Register of Deeds Donald J. and Patricia't. Ruzicka The north 100' of the south 133' of' a tract of land described as foll(~s: Beginning at the southwest corner of sW~~Wk.)E~ of Section 21-11-9; thence north 217.8'; thence east lOa'; thence south 217.8'; thence west lOa' to the point of beginning, as recorded in Book 170, page 128, Register of Deeds Farvel Properties, Inc. Beginning at the southeast corner of the SW~ of Section 21-11-9; thence west 20 rods; thence north 80 rods; thence east 20 rods; thence south 80 rods to the point of beginning Margaret V. Ferguson The north 100' of the south 133' of a tract of land described as beginning at a point 330' west of' the southeast corner of SEbw~ of Section 21-11-9; thence north 291.4'; thence west Ilf9.5'; thence south 291.4'; thence east 149.5' to the point of beginning Jerry L. and Rosemary Schwieger A tract of land begi:min3 163.3' west,)t ';he southeast corner of SW~SW~ of Section 21-11-9; thence north 140.1';thence east to the east boundary line of the SW~W~; thence south to the southeast corner of SW~W~; thence west to the point of beginning', F. E. and Betty L. Ellington A tract of land beginning 163.3' west of the southeast corner of sw-bsw~ of Section 21-11-9; thence north 21~0. 7'; thence west 120'; thence south 240.7'; thence east 120' to the point of beginning Roy H. and Elizabeth C. Scheel A tract of land beginning ~83.3' west of the southeast corner of SEksw~ of Section 21-11-9; thence north 21fO.7'; thence west 120'; thence south 240.7'; thence east 120' to the point of beginning Sam C. and Barbara L. Huston A tract of land beginning 403.3' west of the southeast corner of sw-bsw~ of Section 21-11-9; thence north 140.7'; thence west 156.1'; thence south 240.7'; thence east 156.1' to the point of beginning Leo H. and Eileen S. Machmuller A tract of land beginning 559.4' west of the southwest corner of the SW~W~ of Section 21-11-9; thence north 240.7'; thence west 96.1'; thence south 24~.7'; thence east 96.1' to the point of beginning Howard J. and Mary G. Smith A tract of land beginning 655.1' west of the southeast corner of sw-bswk of Section 21-11-9; thence north 240.7'; thence west 96.1'; thence south 240.7'; thence east 96.1' to the point of beginning Charles J. and Lois J. Schreiber Lot 8, Blk 6, Kay Dee Subdivision Ed and Rosa A. Jentz A trac~ of land in the SW~w~ of Section 21-11-9 described as beginning at a point 33' north of the southwest corner of said SWksWt; thence north 100'; thence east 422.2'; thence south 100' to a point 33' north of the south line of said sw~w~i thence west on a line parallel to and 33' north of the south line of said SWtsWt a distance of 422.2' to the point of beginning r"~ \ Viola L. McAteer Leo K. and Hazel A. Trueblood Amos O. and Eleanor H. Starkey H. D. Peeks Harold and Helen A. Albee Richard II. and Sharon L. Pipal w87.8' Ilonald H. and Lillian l~. Weaver ElOO' Ruby M. and Doris M. Pokorney Thomas J. and Dianna L. Dunning Orville W. and Helen C. Levander William C. and Dorothy A. Taylor Donald D. and Norma J. Marco Harry J. and Dorothy Lee Wiese Adolph J. and Elsie Schlaman Lot 4, Blk B, Parkview Subdivision Lot 1, Blk B, Parkview Subdivision Lot 3, Blk B, Parkview Subdivision Lot 2, Blk A, Parkview Subdivision Lot 2, Blk B, Park view Subdivision Lot 1, Blk A, Parkview Subdivision Lot I, Blk A, Purkview Subdivision Lot 27, Hagges Subdivision Lot 26, Hagges Subdivision Lot 25, Hagges Subdivision Lot 24, Hagges Subdivision Lot 23, Hagges Subdivision Lot 22, Hagges Subdivision Lot 21, Hngges Subdivision . * 2 * :tI11'7.0') $989.74 W:J4.18 $2,964.75 $558.86 $1,844.24 $835.50 $726.52 $670.63 $670.63 $874.06 $537.06 $537.06 $928.55 $2,359.51 $486.21 $482.86 $482.86 $1,049.54 $482.86 $490.68 $558.86 $424.73 $424.73 $424.73 $424.73 $424.73 $424.73 $424.73 Adolph J. und Elsie Schluw~l Dennis E. und Helen C. Getrr<:la Elmer E. and PatriciaA. ~yn0vec Elmer E. (.<nd J'ettricia A. ,;ynIJV'"C Elmer E. and Patrie iF" A. ;;Yll(JVf!C F:lrner g. nrlrl PfitricifJ. A. ~;yn(Jv(!c Elmer E. and l':'l.tricia A. ,;yn'Jvec Gary L. and LaVonne D. El1crmcier Gary L. and LaVonne D. Ellermeier r,eore~ B. Q'Rrien George B. and Irene A. O'Brien George B. and Irene A. O'Brien George B. and Irene A. O'Brien George o. and Anne O'Brien George P. (.<nd Anne O'Brien George P. and Anne O'Brien George P. and Anne O'Brien Mervin and Gertrude Schroeder Jerry L. Schultz Jerry L. Schultz Joseph ~. and Elydia Woodley Joseph V. and Elydia Woodley Jeraldine E. Wingert Emma Haack Richard Erdbrugcr, Jr., and Bernice A. Erdbruger Lot 1, Holcomb Hwy Homes Subdivision Harold W. and Ruth E. Harrington Lot 2, Holcomb J~ry. Homes Wilburn F. and Gladys E. Burton Lot 3, Holcomb Hwy. Homes James A. and Vivian R. Wilson Lot 4, Holcomb Hwy. Homes Cynthia J. Edwardson Lot 5, Holcomb Hwy. Homes Eugene O. and Judith A. Watson Lot 6, Holcomb Hwy. Homes J. W. and Mildred Rockwell Lot 7, Holcomb Hwy. Homes Cecil E. and Delma D. Dahlman Lot 8, Holcomb Hwy. Homes Harry L. and Reba C. Collins Lot 9, Holcomb Hvry. Homes Loren S. and Melva E. Higgs Lot 10, Holcomb Hwy. Homes Jack M. Lingeman and Mark Schuele Lot A, Holcomb Why. Homes, except that part deeded for street right-of-way as recorded in Book 96, Page 360, and Book 101, Page 237, Register of Deeds . .'14 ORDINANCE NO. 6127 (Cont'd) Lot 20, Hagges Subdiviaion Lot 19, llaggca ::':ubdiviaion I,ot 18, HaCl3c::; '~llbdi viGion W~ Lot 17, lJu,ggca ;;ubdivi::;ion W12' of' E} Lot 17, lfuJ",,=,; ;;llbdivillion Tt;fj,fit ?(jf of Lot 1'-', I1:J'(~f~(.~;; ;;uhdivisfr)n W'rl' cA' Lot 16, H'il~gc,; :~llbdivi,;ion E5' of Lot 16, Hfl.{~gc'; '~llbdivi::;ion Lot 15, Hagges Subdivision Int 14, Hagge::; :;l1b>1 i vl.:;iQn I,ot 13, Hagges Subdivision Lot 12, Hagge::; Subdivi::;ion W35' of Lot 11, Hal2:f,es Subdivision E41' of Lot 11, Hagges Subdivision W25' of Lot 10, Hagl3es Subdivision E51' of' Lot 10, Hagges Subdivision Lot 9, Hagges Subdivi::;ion Lot 7, Hagges Subdivision Lot 6, Hagges Subdivision Lot 5, Hagges Subdivision Lot 4, Hagges Subdivision Lot 3, Hagges Subdivision Lot 2, Hagges Subdivision Lot I, Hagges Subdivision .$424.73 *424.73 ~1124. 73 .$212.37 :1;6'( ~ 06 :l;lJI~. 30 :l;3'J6.7'J .$2'( .94 $424.73 t'1?11.73 :1;424.73 .i4?4.73 ~195.60 :1;229.13 :1;139.72 $285.02 $424.73 $424.73/ $424.73 $424.73 $424.73 $424.73 $424.73 $396.79 .$614.19 $609.16 $609.16 $609.16 $609.16 $609.16 $609.16 $609.16 $609.16 $609.16 $1,196.90 Arthur Herman and Grace Evelyn Thavent Part of the NW-e-NW-e- Section 27-11-9 described as beginning at a point 33' south of' the northeast corner NW-e-NW-e- Section 27~11cq; thence south 100'; thence west 198'; thence north 100'; thence east 198' to the point of beginning $1,369.86 Jerome W. Nicdfelt North 100' of a tract described as commencing at the northwest section corner of Section 27-11-9; thence east 133' to a point; thence south 33' to the point of beginning; thence south parallel to the west section line 116'; thence east 102'; thence north 116'; thence west 102' to the point of beginning as recorded in Book 161, page 481 $705.69 Jerome W. Niedfelt The north 100' of a tract of land described as beginning at a point 198' west of and 33' south of the northeast corner of NW-e-NW-e- of Section 27-119; thence south 100'; thence west 227'; thence north 100'; thence east 227' to the point of beginning $1,570.50 $989.35 $1,902.59 $553.48 $916.77 Texaco, Inc. Lot 1, Roepke Subdivision Roger L. and Rosemary A. Roepke pt of Lot 2, Roepke Subdivision Hanover Grand, Inc. Lot 3, Fonner Second Subdivision Hanover Grand, Inc. Lot 4, Fonner Second Subdivision Eldon F. and Er~~ Nietfeldt Pt of SWtsW-e- Section 22-11-9 lying 425' east of a certain point lying 33' north of a point 33' ea::;t of the southwest corner of Section 22' thence north 207'; thence east 100'; thence south 207'; thence west 100' to the place of beginning, as recorded in Book 100, page 110, Register of Deeds $691.85 Lawrence and Marjorie Scheel East 96' of part of ~,.tsWt Section 22-11-9, bcginning at a point lying 33' north of a certain other point lying 33' east of the southwest corner of said Section 22' thence north 207'; thence east 621'; thence south 207'; thence west 621' to point of beginning . $664.18 i I \ - 3 - '. . ORIJINANCJ~ NO. 6127 ( Con t I d ) SECTION 2. 'Lhe apedlll tllX 3hll11 become delinquent f!.rJ follows: One-fifth of the total amount :::hull becollle delinquent in fifty days; one-fifth in one year; one-fifth in t~IO yeflrc; one-fifth in three yr:rlrs; and one-fifth in four year:::, re::;peetively, flfter the date of ::;ueh levy; pr'Jvided, hr''''"'{(;r, tll'~ r;nUn: amount DO a,;De::;::;rjd fJ11d l<.:vied aerdn:;t; any if!t, tract;, or po.rcel of lflnrl milY lie p'~:id \Ii Udn J'i.ft.y <I:LY:: 1'r:um the date of this levy without interest, and the lien of special tax thereby cati:::fied and released. Eo.ch of said installments, except the first, :::hall draw interest at the rate of :::even pr.:r cr.:nt; per annum from the time of such levy until they shall become delinquent. After the :::ame become delinquent, intere:;t; at the rate of nine per cent per annum shall be paid thereon, until the same is collected and paid. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Sewer and Water Extension Fund" for Water Main District No. 298. SECTION 5. Any provision of the Grand Island City COde, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage, approval, and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted MAY 2 1977. ~~ AT~ST: h~~L- ity Clerk President of the Council " .. . - If - .""" OIIDINANCE NO. 6128 . An ordinance assessing and levying a special tax to pay the cost of construction of Water Main Dln1.rlct No. 323 of the City of Grand Island, Nebraska; providing for tile collection of sucb npcdul tux; and repealing any proviaion of the Grund Ir;1.Ilnd City Code, ordinunces, and purts of ordinances, in conflict herewith. 1m 1'1' OHDADlED BY '11m 1-1AYOH AND GOUJlGJf. 0]0' 11lF: Gl'l'Y 01' GRAND ISLAND, NEBHA8KA: SEC'l'ION 1. There is hereby aSSf!Sflf,r) up0n the full o~1ine; describf!d lutG, tractG, and parce 1[; of lund specially benefited, for the purpr)r;e 0f pfJ,yinr; the eor;t of conr;truetl')n uf [;aid vrfLt'jr lfJIlJn in [;aid WatC!l' Mn.in Dir,trict No. 323, as adjudged by the Mayor and Council of said City, to the extent CJf benefits thereto by reaflon of r;uch improvement, after dur; notice haviofT been "1' ven there<)!' ,,~ iel db] '" '" ~ prov ey ,llW; and a specirll tax for SUcll coat of construction is bercby levied at one time upon Guch lots, tractG, and lands as fCJllu,f[;: NN-1E DESCRIPTION AMOUI11' John A. and Nina Honore pt of NRl,fml;- of Section 24-11-10 described as beginning tit a point on the northerly rJr;ht-of-vray line of the U1'HR Co., said point being 1,6811.3' northear;t of the intersection of the vrest line of the SE~ of Section 24-11-10 and Gaid right-uf'-~lD.Y line; thence running norttMer;t8rly perpendicular to said north right-of'-Ho.y line a distance of' 1')5.8'; thenee: running southerly a distance of 226.8' 01;0 a point on said north right-of'-~ray line of UPRR; thence northeast along said right-of'-vray line a distance of 114.57' to the point of beginning $85G.15 Spelts-Schultz Lumber Co. of Grand Island pt of NE}SE~ of Section 24-11-10 described as beginning at a point on the northerly right-of-way line of the UPRH Co., said point being 1,316' southHcst of the interscction of said right-of-;TaY line with the east line of' Section 24-11-10; thence continuing soutlmest along said right-of-Hay line a distance 01"66'; thence running northweGt perpendicular to said right-of-way line a distance of 195.8' to a point on the east rie;ht-of- way line of U.S. lJ,1Y 281 to a point beinG 200' northvrest of and meaGured perpendicular to the northerly right-of-;ray line of UPHR; thence running northeast po.rallel to said UPRR right-of-vray line a distance of 63.5'; thence running southeast perpendicular to said UPHR right-of-vray line a distance of 200' to the point of beginnine; $1193.20 John W. Albright pt of NE}SE} of Section 24-11-10, described as beginning at a point on the north right-of-Hay line of UPRR, said point being 1166' souttmest from the intersection of said right-of'-~ray line and the cast line of Section 24-11-10, running southvrest along said right-of-vray line 150'; thence deflecting right 900 and running northvrest 200'; thence defleetinr; right 90. and running northeast 150'; thence deflecting right 90. and running southeast 200' to the point of beginning $1,120.91 R. E. Blickenstaff pt of S~NEt and pt of SEl;- of Section 24-11-10, described as beginning at a point on the north right-of'-~ray line of the UPHR Co. , said point being 966' Gouth;rest from the intersection of the cast line of Section 24-11-10 and said UPRR Co. right-of-~ray line, running thence south~leGt along said right-of'-vray line 200'; thence deflecting right 90. [~d running northvrest a diGtanc of 200'; thence deflecting right 90. and runnine; northeast a distance of 200'; thence deflecting right 90. ,and running southeast a distance of 200' to the point of beginninG . $1,11911.54 Albee Printing Co., Inc. pt of E~ or Section 211-11-10, described as beginning at a point on the north right-of-Hay line of the UPRR Co., said point bci.ng 866' southHest from the interGection of the east line of Section 2Ij-11-10 and said right-of-way line; thence continuing southHest along said rieht-of-Hay linea distance of' 100'; thence de1'lecting riEht 90. and running north;rest 200'; thence deflecting right 90. and runningnorthcaGt parallel to said rl.ght-of-;ray line a distance of 100'; thence deflecting right 90. and running soutlleast a distance of 200' to the point of beginning $747.27 Lincoln Equipment Co. Pt of E} of Section 24-11-10, described as beginning at a point on the north right-of-way line of UPRR Co., said point , being 1.66' southwest from the intersection of said right-of-Hay line and the east line of Section 24-11-0; thence continuiLg southvrest 1100'; thence northwest 'perpendicular to said UPHR right-of-~lD.Y line a diutance of 200'; thence running northeast parallel to Gaid UPRR right-of-vray line 0. diGtance of 400'; thence running southcaGt perpendicular to said UPHR right-of-way line a distance of 200' to thc point or beginning $2,989.08 . . 1 - LEGAL DEPARTMENT ......... . . " -owS ORDINANCE NO. 6128 (Cont'd) Emma Augusta O'Hara and H. .J. O'!Inra pt of :mM.fK~' of 8ccUon 211-11-10, d(,scrib(,d as bq":i.nninl" at a puint (,n the north ril~h C-,;j'-w:J.y line of' Ul'l~H Go" said jJ'Jint being 300' :::outhwcst of the inter::ection uf the ea::;t line 01' 8ection ;:>11-11-10 and said UpHH Co., rieht-,)r-~my line; tlwncc cr)nU.nuing southwe::;t along ::;r~id rieht-of-~TaY line a distance 01' IG(,'; thence running northwest perpcndicular to na:td right-of-way line a di::;t",nr:f~ of' ;:>00'; thcnce running norLh("v,::;t parallcl to sai.d rie;ht-of-mty line a dintan(;e of 16G'; thdlcC runnine; nouthca~;t perpcndicular to sa.id right-of-~lay linc a dintance of 200' to the point of beginning $1,2110.11.7 Spelts-Schultz Lumber Co, of Grand Island pt of SEI.Hr:h of Section 21+-11-10, dcncribcd as ber,inning at a point on the e'1::;t line of r;cction 21+-11-10, r:aid point being IlIO.2' north of the southcant corner of NE}," of' naid Section 21+, "Lei.ng al::;o the northerly right-of'-~ray line 01' the UPHH Co,; thence runni.nG nouthwest along said right-of-~ray line a dbtanee of 300'; thence runninl~ northwcst perpendicular to said right-of-~ray line a distance of 200'; thence runninr, northeast parallel to said north right-oi'-~my linc to a point on the eu,[;t line of r;aid Sectivn 24; thence running south on the east line of Section 21f to the point of beGinni.ng *1,606.76 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 per cent per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of nine per cent per annum shall be paid thereon, until the same is collected and paid. SECTION 3. The Clcrk-Finance Dircctor of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by la~l, SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Se".ler and Water Extension Fund" for Water Main District No. 323. 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 wi thin fifteen days in one issue of the Grand Island Daily In'dependent, as provided by law. Enacted MAY 2 1977 ATTEST: ,fJ{~~/L City Clerk " .. (! .. ,. . ~ e:: . ORDINANCE NO. 6129 An ordinance to amend Section 2 of Ordinance No. 5848 which created Sanitary Sewer District No. 405 in the City of Grand Island, Nebraska; to redefine the boundaries of such district; to repeal the original Section 2 of Ordinance No. 5848; and to provide for 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 2 of Ordinance No. 5848 be, and hereby is, amended to read as follows: "Section 2. The boundaries of such sanitary sewer district shall be as follows: I- Z w ::.2E f- 0:: < a.. w o ...J < Co:) w ...J Beginning on the north line of Pioneer Boulevard at the southwest corner of Lot 35 in Block "D" of Park View Subdivision in the City of Grand Island, Nebraska; thence running north on the west line of Lot 35 and Lot 36 in said Block "D" for a distance of 755.6' to the south line of Commerce Avenue; thence running east on the south line of Commerce Avenue for a distance of 534 feet to the northeast corner of Lot 28 in said Block "D" of Park View Subdivision; thence running north on the south prolongation of the vlest line of Lot 18 in Block "c" and on the west line of Lot 18 and Lot 17 in Block "c" of Park View Subdivision for a distance of 407.8 feet to the south line of I~rk Drive; thence running east on the south line of Park Drive for a distance of 991.2 feet to the east line of' Park Drive along the east side of Stolley Park; thence running north on the east line of Park Drive along the east side of Stolley Park for a distance of 933 feet to a northwest corner of Lot 4 in Block "B" of Park View Subdivision; thence running northeasterly on the southeasterly line of Park Drive, also being the north- westerly line of Lot 4 in Block "B" of Park View Subdivision for a distance of 94.4 feet to the south line of stolley P~rk Road; thence running east on the south line of Stolley Park Road for a distance of 751.4 feet to a point 18 feet east of the east line of Park View Subdivision; thence running south on a line 18 feet east of and parallel to the east line of Park View Subdivision for a distance of 500 feet to the north line of Lot 3 in Block 3 of Country Club Subdivision; thence running east on the north line of Lot 3 in Block 3 of Country Club Sub- division for a distance of' 122 feet to the northeast corner of Lot 3; thence running south- easterly on the easterly line of Lot 3 for a distance of 172.75 feet to the north line of Grand Avenue; thence running west on the north line of Grand Pvenue for a distance of 37.5 feet to the west line of Riverview Drive; thence running south on the west line of Riverview Drive for a distance of 527 feet to the south line of Block 3 in Country Club Subdivision; thence running west on the south line of Block 3 in Country Club Sudivision for a distance of 169.5 feet to a point 18 feet east of and parallel to the east line of Park View Subdivision for a distance of 451 feet to the north line of the easement for public utilities granted to the City of Grand Island, Nebraska, recorded in Miscellaneous Book 14 at page 595 in the office of the Hall County Register of Deeds; thence running east on the north line of said easement for public utilities for a distance of 9 feet; thence running south on a line 27 feet east of and parallel to the east line of Park View Subdivision for a distance of 20 feet to the south line of said easement for public utilities; thence running west on the south line of said easement for public utilities for a distance of 27 feet to the east line of Park View Subdivision; thence running south on the east line of Park View Subdivision for a distance of 319.3 feet to a point 664.3 feet north of the south line of the Northwest Quarter (NW~) of Section 28, Tovmship 11 North, Range 9 West of the 6th P.M., Hall County, Nebraska; thence running east on a line 664.3 feet north of and parallel to the south line of the Northwest Quarter (NW~) of said Section 28 for a distance of 29 feet; thence running south on a line 29 feet east of and parallel to the east line of Park View Subdivision for a distance of 60 feet; thence running west on a line 604.3 feet north of and parallel to the south line of the Northwest ~uarter (NW~ of said Section 28 for a distance of 404.6 feet to the east line of Pioneer Boulevard; thence running south on the east line of Pioneer Boulevard for a dista~ce of 54.9 feet; thence running southwest on the easterly line of Pioneer Boulevard for a distance of 205.3 feet to the junction of the east prolongation of the north line of Pioneer Boulevard on the south side of Block "D" in Park View Subdivision with the easterly line of said Pioneer Boulevard; thence running west on the east prolongation of the north line of Pioneer Boulevard and on the north line of Pioneer Boulevard for a distance of 1,788.9 feet, more or less, to the point of beginning, as shown on the plat dated 5/2/75 marked Exhibit "A" attached hereto and incorporated herein by reference." SECTION 2. That the original Section 2 of Ordinance No. 5848 be, and hereby is, repealed. SECTION 3. That this ordinance, with the attached plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted MAY 2 1977. Atte,t, ~~~,erk /.?~,~ President of the Council -~-------_._--.....__.,~-----------,-------,.,_.~~.,'-- . ;u '" 1>< ll~ -'0 rZ NUl N . 1> -0 <DO -..I1T1 :-'e;? [: ,,!_U~I 60 -+-- 1/4 SEe TI ON LINE If !; VI <f) J:> I' tv 0:> -..I VI en -..J ~-~~~ ~ VI --- CD --~-" [;i I~ ~ II z z i tv ... ~--J? - 0 z m rn ::0 I 755.6' ,I tv <0 tv -..J Ii o tv U1 <0 Clf:>,(J " ~ 'It", /.; , Jy CD -..J ~ \0 " SEC TION L'NL -..J , I en i r' ,-,,,,-.~.----_.~,_.,..-, U16 j! (}i l> VI " @~ VI CD o c r m < 1> ::0 o I; N <f) -..J I, UI " (/) )> z ::j :l> ::0 -< !:> 1- 4.)>)- .~ I/. <t :~J ~ o;\~ .~ 8l!:C ...U .~ 8, VI N "L-- PIONEER I' II II :::; <n - VI II ,I 1/16 SECTION ILlN dtO. .- 319. F, ._. _ n' -- -. ., 604".1;:::' t i~~' .,,' (71\ 451 i ~. /JI \0. nOl-Ezno~ II g~-tV;Pl=t~r IJ ~n:~~~~~ _112.9' -<rr'l(.)rXl~..o( I b"'~~ '",~ I ~'"f\()l7.0~o I. m .0,..,::0)>......,.. ~::Ulg~zo~ ~P1iVlO~ .....~ ;ll)X O'_cnxr<. "'-tozr-f'1Z o~~~ ~ ..... ~ i. 9 l:: :E I'TI :l:I !2 (J) :-I I, . 9 ~ '" ~ ./l> o '" '" '" o .. ;:; z C Ul o l> r '" "''0 Olr ./l>J> ~-t )>-t ;r::o ''1 z1> on ",n 00 ",,3: -<'0 0" ;UZ 0-< :z.o 0::0 .0 ",' ;;:;z ID? "'~ Z-t ~-< Zo ~-.. ;0", :z:; "'z o 0_ IT1Ul ."r -tl> 'z o z '" ~ z '" rr1 X I OJ -l II' VI o o. " J> o <- " . '-" .... N .... ~ e~ -,- o;mVl)>OOO~ .. ...c~z::Ow'" WO~Cl~~O ....,~:uzzz~- ;"'l. OOOO~Z z-:l;. . zn O~~u..l...r .. coore Olz".t't.()I 0 ;;;01>01 Ul'" ",,~;:.oo~~o o",-lz"':j)> z-o :l>)>Ul o-..J:-t;o ~';u )>fT1-( "0 "mcnoo(o )Jo ::0>)'.. (.R (1);;0 r-t~:..~",--l "'-tlD ~ o l>.., '" -- ~"'. ~ ..... 4078' .... ... f r'\. OJ, "'~ , "'. ~ "1_" "'. '-"S 2 "!" ~ ~" "~"['<;;^"'''N VJ. ) " 'k."- CD Jr;;-O~, "'f'-;;,,\ to :;: i'-~ J"~~ 't ~." ~f\~~ ~ ",,- ~ ~'" .--.- "'0 ~ "- "':~ ~" ;; :>', ",-,"-"'- ^ 01,),," ID '\ " 'I :::; N CD N en ~ m ::0 () m (nJ .. I ~ ~ <D. N J:> N N ,(;; ! !v Ii = I\J o OJ :) I: ID OJ II -..I o :u < m (l) en I '" N .l> I; VI o 60 J" N I - 0:> Cll 60 N )>'" < . ", z " c UI m ~!~ (j) Nl'1\J ..t:>> II N _ ~'L IV o ./l> .l> OJ N -:'6 00. o ~~ II -l 0::0 Oln o "" n 0:>0 3 Z ~ < '" rt1 ;;; ::0 (I) o z 51 kEET _J \f\.A ~ (<" .L -<l 'V -. .. ~~._, c 1 933' DRIVE _!O) o .. 0_ 9., -l>.....~ r, ()') t---- 1 .~ ro J:> en N -..I VI i , :1 I I ! i <f) -..J '" VI BOULEVARD .. o N ~OJ <0 en VI '" .l> -..J -- t. .. .. - .. --- ~ ~ 01 -..J ~~1' U1 ~t VI I h. ~~O' ; ;~f~~)~ ~ ~ i ~I {I ~ I ~ ~ z '" f.... ~ t o _ ; r ! ~ ~ rl "... 1lI" . '" -... }o ." co r:~ Nf" ..- =): .. . . ORDINANCE NO. 6130 An ordinance directing and authorizing the conveyance of part of Lot 1hree (3) in the Southwest Quarter (swt) of Section Fifteen (15), Township Ten (10) North, Range Nine (9) West of the 6th P.M., 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, NEBRASY.A: SECTION 1. The conveyance to Hall County, Nebraska, of the tract of land comprising a part of Lot Three (3) in the Southwest Quarter (swt) of Section Fifteen (15), Township Ten (10) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska, and more particularly described as follows: .... Z w :E .... 0: <<'{; 0- W o ...J <<'{; C) W ...J Commencing at a point fifty (50) feet east of the northwest corner of the Southwest Quarter (SW~); thence southerly and parallel to the westerly line of said Lot Three (3), a distance of four hundred ninety-seven and five-tenths (497.5) feet; thence deflecting 900 and in a westerly direction a distance of seventeen (17) feet; thence deflecting left 900 and in a southerly direction parallel to the westerly line of said Lot Three (3), a distance of one hundred sixty-four and twenty-eight hundredths (164.28) feet to the centerline of the Platte River Channel; thence deflecting left 1180 30' and in a northeasterly direction along the centerline of the Platte River Channel a distance of forty-seven and seventy-nine hundredths (47.79) feet; thence deflecting left 610 31" and in a northerly direction parallel to the westerly line of said Lot Three (3) a distance of six hundred thirty-eight and ninety-eight hundredths (638.98) feet to the point on the northerly line of said Southwest Quarter (SW~); thence deflecting left 900 and in a westerly direction a distance of twenty-five (25) feet to the point of beginnin& and containing 0.433 acres, more or less, 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 warranty deed, upon delivery of the consideration, and the City of Grand Island will not be required to furnish an abstract of title. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Daily Independent, a newspaper published for general cir- culation 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 per cent of the electors of the City of Grand Island voting at the last regular muni~ipal election held in such City be filed with the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to the said Hall County, Nebraska, a warranty deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the city council. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted MAY 2 1977 ?f~ Attest:43f'~~~ City Clerk esident of the COunC1 - . ORDINANCE NO. 6131 An ordinance to amend the Grand Island City Code by amending Section 40-3 of Chapter 40 pertaining to the Downtown Improvement and Parking District; to establish the annual rates of the general license and occupation tax and classification of business; to repeal the original Section 40~3; and to provide the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR .A1ilJJ COUNCIL OF THE CITY OF GRAJ.'ilD ISLAND, NEBRASKA : SECTION 1. That Section 40-3 of Chapter 40 of the Grand Island City Code be, and hereby is, amended to read as follows: "Section 40-3. TAX RATE The annual rate of the general license and occupation tax and classification of businesses are as follows: (1) 4~ square foot floor space upon all space used for business and professional offices in the district, Provided; (2) $30.00 minimum annual tax for any single business or professional office, should the tax rate under (1) above be less than $30.00; (3) Any business or professional office operating and maintaining any off-street parking place within said downtown improvement and parking district which is hereby defined as 180 square feet which may be season- ably used for parking a motor vehicle shall receive $5.00 credit in computing the tax due under (1) above, but in no event shall pay less than the minimum annual tax as set forth in (2) above." SECTION 2. That the original Section 40-3 of the Grand Island City Code as heretofore existing, is hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and after its passage, approval, and publication within fifteen days, as provided by law. Enacted MAY 2 1977 ,~~~__ II ?' sident of the Council - ATTEST: ~~~~/ City Clerk FORM LEGAL OEPARTMENT ,~ L . J l r . . ORDINANCE NO. 6132 An ordinance to amend Chapter 22 of the Grand Island City Code by adding thereto Section 22-49 and Section 22-50, pertaining to telephonic alarm systems; to provide for a penalty; and to provide the effective date . hereof. BE IT ORDAINED BY THE MAYOR .AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA : SECTION 1. That Chapter 22 of the Grand Island City Code be amended by adding thereto Section 22-49, to read as follows: "Section 22-49. TELEPHONIC ALARM SYSTEMS - DEFINITION; PROHIBITION Telephonic alarm system shall mean any mechanism, equipment, or device which is designed to operate automatically through the use of public telephone facilities to transmit a message or warning to another location. No person shall operate or maintain a telephonic alarm system which automatically transmits a message or warning to the Grand Island Emergency Center 1911' system!'. SECTION 2. That Chapter 22 of the Grand Island City Code be amended by adding thereto Section 22-50, to read as follows: "Section 22-50. RESIDENTIAL ALARMS, CONNECTION TO GRAND ISLAND EMERGENCY CENTER PROHIBITED No person shall install any structure used for residential purposes in the alarm system which would transmit a message or warning by any means to the Grand Island Emergency Center. II SECTION 3. Any person violating the provEions of this ordinance shall upon conviction be deemed guilty of a misdemeanor and be punished as provided in Section 1-7 of the Grand Island City Code. SECTION 4. This ordinance shall be in force and take effect from and after its passage, approval, and publication within fifteen days in one issue . of the Grand Island Daily Independent, as provided by law. Enacted MAY 1 6 1977 ....~ the Council ATTEST:~~~4 City Clerk 1977 LEGAL DEPARTMENT . . ORDINANCE NO. 6133 An ordinance to amend Section 1 of Ordinance No. 5763 which assessed and levied a special tax to pay the cost of construction of Street Improvement District No. 820 of the City of Grand Island; to repeal the original Section 1 of Ordinance No. 5763; and to provide the effective date hereof. BE IT ORDAINED BY TIlE MAYOR AND COUNCIL OF 'I'HE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Section 1 of Ordinance No. 5763 be, and hereby is, amended to read as follows: "Section 1. There is hereby assessed upon the follovring described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 820, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands as follows: NAME Estate of Carl P. Urich MarIan F. and Elnora M. Lundell Gene R. and Bernadine R. Williams Masel M. Watson Anderson Masel M. Watson Anderson Arlis and Clarel Middleton Lawrence M. and Molly A. Bixenmann Raymond E. and Gretchen Smith Et W12.8' E40' wt Louis J. Grein, Jr. Louis J. Grein, Jr. Gordon E. and Mildred M. Dahlke Alice F. Hetrich Charles A. Tillman and Eva V. Tillman Charles A. and Eva V. Tillman Que L. and Florence M. Scott Que L. and Florence M. Scott Wl2.8' Et E40' wt s66' s66' N66' N66' LOT BLK ADDITION AMOUNT $177.40 558.47 1,033.70 166.45 1,033.71 392.02 177.40 1,033.71 111.04 177.40 447.43 177.40 279.23 516.86 279.23 516.86 II in conflict herewith, be, and hereby are, repealed. SECTION 2. That the original Section 1 of Ordinance No. 5763 and ~~y ordinances or parts of ordinances 8 9 10 7 6 7 8 1 62 62 62 63 63 63 63 62 62 62 62 63 63 63 63 63 II SECTION 3. This ordinance is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. Wheeler & Bennett's II II " II II II Wheeler & Bennett's Second 2 3 2 3 4 5 4 5 " " " II II II SECTION 4. This ordinance shall be in force and take effect from and after its passage, approval, and publication as provided by law. Enacted ~11' Y IVII'''\ I 2 1971 ATTEST~~L~/ City Clerk APPROVED AS TO FORM APR 2 7 1977 LEGAL DEPARTMENT ~~ . ORDINANCE NO. 6134 An ordinance to amend Section 1 of Ordinance No. 5518 which assessed and levied a special tax to pay the cost of construction of Sidewalk District No.1, 1972, of the City of Grand Island, Nebraska; to repeal the original Section 1 of Ordinance No. 5518; and to provide the effective datc hereof. :!E 0: e ~ . BE IT ORDAINED BY THE MAYOR .AND COUNCIL OF THE CITY OF GRAND ISLAND, NEIlRASKA: SECTION 1. That Section 1 of Ordinance No. 5518 be, and hereby is, amended to read as follows: l"- I'-. ('1) .- "Section 1. There is hereby assessed upon the following described lots and tracts of land, specially benefited, for the purpose of paying the cost of construction of Sidewalk District No.1, 1972, as adjudged by the City Council, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots and tracts of land as follows: NAME Meredith Speir Peters Carl Barnes Burlington Northern, Inc., Burlington Northern Railroad crossing, East side of Eddy Street between Oklahoma Burlington Northern, Inc. Burlington Northern Railroad crossing, East side of Clark Street between Oklahoma Eunice S. Williams .... Z UJ ~ .... Ilt: 0:( 0.. UJ o ...I 0:( C) UJ ...I Francis H. and Carie Monsen Anita Beltzer Charles and Glenora F. Thoene Max A. Jakabowski and Luella L. Slauter Dean C. and Susan E. Madison Dean C. and Susan E. Madison George D. and Vicki L. Pontious Robert F. and Margery L. Motis Robert F. and Margery L. Motis Glen R. McQuiston, Jr. John and Mary Maxine Astolfi John and Mary Maxine Astolfi John and Mary Maxine Astolfi John and Mary Maxine Astolfi John and Mary Maxine Astolfi Richard R. and Lauriene L. Jensen Richard R. and Lauriene L. Jensen Rudolf F. and Jeannine R. Plate Rudolf F. and Jeannine R. Plate si George J. and Eleanor P. Schleicher Ni George J. and Eleanor P. Schleicher Rudolf F. Plate Donald C. and Elizabeth Enck Donald C. and Elizabeth Enck Donald M. and Geneva K. Zogg Louis L. and NormaJ. Bolles Alvina A. Brown Geraldine V. Galles Estate of Katie J. Lamm Dale W. and Beverly J. Wood Dale W. and Beverly J. Wood Dale W. and Beverly J. Wood E66' of Nl32' E142.5' of s144.3' of si All except East 65' si vacated Prospect Street abutting Leonard and Mildred McKibben Leonard and Mildred McKibben Margaret Whitt and Bebe Northam Margaret Whitt and Bebe Northam Geraldine Y. Galles E. Dean and Judith A. Wolfe Burdette R. and Pamela S. Sweley Ralph A. Miller Ida Pearl Olson John Niedfelt John Niedfelt John Niedfelt s44' or si - 1 - and Anna LOT BLK 5 5 and Phoenix 1 1 17 17 7 9 8 8 8 1 1 8 7 7 2 2 2 4 2 15 15 16 18 18 2 1 1 15 17 17 197 198 199 200 200 201 16 2 4 3 ,~; '~i 15 16 1 3 2 2 2 11 17 18 16 16 16 16 16 16 16 16 16 16 10 10 11 27 22 22 22 1 5 7 9 11 13 10 12 2 8 3 4 5 ADDITION 1 1 Bremer's Sub. Normandy Estates Glover Sub. Windolph's Windolph's Gladstone Place University Place University Place University Place University Place University Place University Place University Place University Place University Place University Place University Place University Place Belmont Belmont Belmont Belmont Belmont Belmont University Place University Place University Place University Place University Place University Place University Place UYiversity Place University Place University Place University Place University Place University Place University Place University Place University Place University Place University Place College Addition Schimmer's Schimmel" s Schimmel" s Schimmer's AMOUNT $297.58 158.40 16.90 33.79 16.05 342.67 235.70 307.93 334.75 323.55 103.49 335.60 341.30 177.62 337.71 278.58 157.76 101.38 149.95 257.25 82.37 90.82 90.82 45.41 45.41 90.82 101.38 80.89 101. 38 98.74 132.42 267.17 88.91 347.63 98.74 98.74 40.12 98.74 98.74 98.74 98.74 1.06 98.74 3.17 325.89 109.82 117 . 22 117.22 112 . 22 . . ORDINANCE NO. 6134 (Cont'd) International Church of the Foursquare Gospel Anna Mae Brent and Lule Marie Cameron Et Leroy and Pauline R. Nunnenkamp Walter G. and Louise 14. ChyUnski Thomas E. and Viridian E. Gorman Thorruw E. and Viridian E. Gorman Richard D. and Winona P. Fullerton Richard D. and Winona P. Fullerton William H. and Charlene J. Miller Edward J. and Loraine C. Kosinski Fred A. and Evelyn B. Samway John D. and Audrey A. Beck Enlowe E. and Leila L. Harvey Enlowe E. and Leila L. Harvey Wl7' Rudolf E. Plate Vacated Beta Street abutting G. L. Evans G. L. Evans Gerald L. and Betty L. Munn Gerald L. and Betty L. Munn Sam C. and Barbara L. Huston Webster Augustine Estate of Laurel M. Morrison Alma R. Miller Marie Pankau Edwin E. and Roberta Ernest W. and Lizzie Estate of Lillian D. Estate of Lillian D. Estate of Lillian D. John H. Gies Clara Olzofka Clara Olzofka s18' N40' S32' N38' E70' W36' E26' W54' M. Baker Nunnenkamp Codner Codner Codner E91. 4 ' E91.4' 1 10 1 112 5 7 2 4 17 150 200 8 4 3 215 214 14 13 5 5 9 3 74 75 1 11 13 15 15 17 19 5 5 2 7 26 26 14 1 1 1 25 25 25 22 Wade Subdivision Wade Subdivision College \<lest Lavm Scarff's Scarff" s Scarff's Scarff's Scarff's \<lest Lawn West Lawn Harrison Dill & Huston's Dill & Huston's Dill & Huston's Belmont Belmont Dill & Huston's Dill & Huston's Gladstone Place Gladstone Place Gilbert's 3rd Gilbert's 3rd Hawthorne Place Hawthorne Place College College College College College College College $302.02 115.10 133.06 311. 94 38.02 84.48 67.58 80.26 263.15 "209. 93 392.77 282.59 101. 74 34.59 83.42 83.::'2 88.70 75.11 54.39 276.39 261. 89 91. 87 10.77 22.59 84.48 87.92 64.70 64.70 64.70 179.30 93.78 116.99" in conflict herewith, be, and hereby are, repealed. SECTION 2. That the Original Section 1 of Ordinance No. 5518 and any ordinances or parts of ordinances 20 20 22 22 14 2 4 4 3 SECTION 3. This ordinance is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage, approval, and publication as. pr,ovided by law. "tUW L G 1977 Enacted ATTEST: R"'~I"_ City Clerk - 2 - ~ -~ the Council ORDINANCE NO. 6135 An ordinance to vacate a part of the platted easements in Commercial Industrial Park Second Subdivision in the City of Grand Island, Nebraska; . and to provide the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA : SECTION 1. That part of the sixteen (16) feet wide platted easements in Commercial Industrial Park Second Subdivision in the City of Grand Island, Nebraska, more particularly described as follows: The easements as platted and dedicated in the easterly forty-two (42) feet, or 12.802 meters, of Lot Two (2); the easements as platted and dedicated in the easterly fifty-four and sixty-five hundredths (54.65) feet, or 16.657 meters, of Lot Four (4); and the easements as platted and dedicated along the westerly line of Lot Three (3), in said Subdivision, all as shown on the attached plat dated 5/3/77, marked Exhibit lIAlI attached hereto and incorporated herein by reference, be, and the same are, hereby vacated. SECTION 2. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 3. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. J UN 1 3 1977 . of the Council Enacted ATTEST: . 1977 LEGAL DEPAftTMENT ...- -f J In . U.S. HWY. NO. "30 FRONTAGE ~ RD. \~\.-- I ~~(, ~~ 2 (,0 @ 4 -:v<::J o LEGEND tj/////f EASEMENT ACQUIRED e' t......;..... "'J . .' " . ." .' . . . ......~.. .... ...... EASEMENT VACA TED EXHIBIT II A". CONVERSION' 1ft. = O.3048meter$ CITY OF GRAND~ ISLAND. NEB. ENGI NEE RING D.EP~RTNENT. PLAT TO ACCOMPANY ORD.' NO.IISa. .~-'-.,.,:~,-. - I '" '.' ,11.00' '" ,.,S~ALElJ =.. ~.f:... J. ",' ,'"" "'~..", . S.III!,7-..f ORDINANCE NO. 6136 . AN ORDINANCE TO AMEND SECTION 16-1 OF THE GRAND ISLAND CITY CODE PERTAINING TOGAS RATES; TO PROVIDE FOR A SCHEDULE OF RATES TO BE CHARGED BY COMPANIES FRANCHISED TO SELL GAS WITHIN THE CITY; TO REPEAL THE ORIGINAL SECTION 16-1 AS HERETOFORE EXIST- ING; TO PROVIDE PENALTIES AND TO PROVIDE FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Section 16-1 of the Grand Island City Code is amended to read as follows: "Sec. 16-1. SCHEDULE OF MAXIMUM RATES Every person operating a gas system under a franchise with the City of Grand Island, Nebraska, and distributing gas by mains and pipes through the streets and public places of the City and selling gas within the City, shall sell such gas to customers and users thereof in the City of Grand Island, Nebraska, at prices not to exceed the following schedule of rates: (a) Base Rate $2.0000 for the first 500 cubic feet or less used per month; .1867 per hundred cubic feet for the next 1500 cubic feet used per month; .1667 per hundred cubic feet for the next 3000 cubic feet used per month; .1467 per hundred cubic feet for the next 10,000 cubic feet used per month; .1367 per hundred cubic feet for the next 35,000 cubic feet used per month; .1267 per hundred cubic feet for the next 50,000 cubic feet used per month; .1217 per hundred cubic feet for all additional use A minimum monthly charge of $2.00 per meter may be charged. (b) Gas Cost Adjustment The foregoing rates for gas supplied in the period covered by any bill shall be increased or decreased from the foregoing schedule of rates as follows: . (1) If at any time or from time to time after March 16, 1971, the rate authorized to be charged the Company for any natural gas pur- chased by it on a firm supply basis for resale in Nebraska, shall be increased or decreased (whether or not charged under bond) re- sulting in an average cost per MCF to the Company in excess of or less than the average cost per MCF prior to application of such 1977 ~~~L' DEPARTMENT ~l . Btiil:lQJIUlI;C& . increase or decrease the charge per MCF, including the amount that is included in the minimum bill, for gas supplied in each subsequent billing period (beginning not earlier than the effective date of such increase or decrease) may be increased or shall be decreased accordingly to the nearest one-tenth cent per MCF. For the purposes hereof the average cost per MCF (before and after increase or ue- crease) of natural gas purchased shall be computed on the basis of the quantities of natural gas purchased on a firm basis for resale in Nebraska during the first twelve of the thirteen calendar months immediately preceding the effective date of such increase or decrease. (2) For the purposes hereof the amount of any refund including interest thereon, if any, received by the Company, from its supplier after March 16, 1971, of charges paid and applicable to natural gas purchased on a firm basis in Nebraska shall be treated as a decrease in rate applicable to natural gas purchased on a firm basis, but such decrease shall be effective only for the twelve months' period "beginning with the month following that in which such refund is received, and the amount of such decrease in the purchased gas cost per MCF shall be calculated under the immediately preceding paragraph (1) by crediting the total cost of natural gas purchased with the amount of such refund. (3) Any increase or decrease in rates because of gas cost adjust- ment hereinbefore provided for shall become effective immediately upon the filing with the City Clerk of the City of Grand Island of amended rates reflecting such increase or decrease and upon approval of the City Council of the City of Grand Island. (c) Tax Adjustment To the rates herein set forth the Company shall have the right to add all or any part of any new or additional tax applicable to the service furnished hereunder, which might be imposed on the Company." SECTION 2. Any person operating a system of natural gas and distributing through the streets and public places and selling such gas in the City, or any agent or employee of any such person violating the provisions of this ordinance shall be punished as provided in Section 1-7 of this Code. SECTION 3. That Section 16-1 of the Grand Island City Code as heretofore existing is hereby repealed. SECTION 4. This ordinance shall take effect, as by law provided, from and after.its passage and publication within fifteen days in one issue of the Grand Island Daily Independent. . MAY 1. 6 , 1977. ENACTED ATTEST: Councl. ~~~~if City Clerk --.4 ORDINANCE NO. 6137 An ordinance to vacate the easement running northeasterly across Webb Road Subdivision and since platted into several subdivisions in the City of Grand Island, Nebraska; and to provide the effective date hereof. . BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, N:E:BRASKA : SECTION 1. The thirty (30) feet wide easement running northeasterly across Lot One (1) and Lot Two (2) of Webb Road Subdivision in the City of Grand Island, Nebraska, more particularly described as follows: The thirty (30) feet, or 9.144 meters, wide easement being fifteen (15) feet, or 4.572 meters, on either side of a line beginning sixty and sixty-five hundredths (60.65) feet, or 18.486 meters, north of the southwest corner and on the west line of said Lot One (1); thence running northeasterly through a point three hundred forty-nine and twenty-seven hundredths (349.27) feet, or 106.457 meters, north of the southeast corner and on the east line of said Lot One (1); thence continuing northeasterly to a point nine hundred sixty-nine and two hundredths (969.02) feet, or 295.357 meters, north of the southeast corner and on the east line of said Lot Two (2), all being in Webb Road Subdivision, as shown on the attached plat dated 5/16/77, marked Exhibit "A", attached hereto and incorporated herein by reference, be, and the same is, hereby vacated. SECTION 2. This ordinance, with the plat thereof, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 3. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted MAY 1 g 1q77 " ATTEST: ~.d~ City Clerk . LEGAL DEPARTMENT . . . ! ORDINANCE NO. 6138 An ordinance creating Street Improvement District No. 923; defining the boundaries of the district; providing for the improvement of streets within the district by paving, curbing, guttering, and all incidental work in connection therewith; and to provide for an effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 923 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: ""'t Beginning at the northeast corner of Lot 1 in Block 4 of Normandy Estates, an Addition in the . City of Grand Island, Nebraska; thence rurming south on the east line of said Lot I for a distance of 104 feet, or 31.699 meters, to the northeast corner of Farmington Second Subdivision; thence running east on the east prolongation of the north line of Church Road for a distance of 299 feet, or 91.135 meters, being 300 feet, or 91.44 meters, east of Post Road; thence running south on a line parallel to and 300 feet, or 91.44 meters, east of Post Road for a distance of 724.1 feet, or 220.706 meters; thence running west on a line for a distance of 350 feet, or 109.728 meters, to a point on the south line of Spruce Road and 60 feet, or 18.288 meters, west of the east line of Post Road; thence running north on the south prolongation of the west line of Post Road for a distance of 60 feet, or 18.288 meters, to the northwest corner of the junction of Post Road and Spruce Road; thence running west on the north line of Spruce Road for a distance of 187.37 feet, or 57.11 meters, to the southwest corner of Lot 6 in Block 2 of Farmington Second Subdivision; thence running north on the west line of I,ots 6 to 8 inclusive in Block 2 of Farmington Second Subdivision for a distance of 304.14 feet, or 92.717 meters, to a point 60 feet, or 18.288 meters, south of the northeast corner of Lot 3 in Block 2 of Farmington Second Subdivision; thence running west on a line 60 feet, or 18.288 meters, south of and parallel to the north line of Lot 3 in Block 2 of Farmington Second Subdivision for a distance of 187 feet, or 56.998 meters, to the east line of Spring Road; thence running north on the east line of Spring Road and its north prolongation for a distance of 660 feet, or 201.168 meters, to a point 300 feet, or 91.44 meters, north of Church Road; thence running east on a line parallel to and 300 feet, or 91.44 meters, north of the north line of Church Road for a distance of 249.9 feet, or 76.17 meters, to the west line of Windsor Road; thence running south on the west line of Windsor Road for a distance of 196 feet, or 59.741 meters, to the west prolongation of the north line of Lot 1 in Block 4 of said Normandy Estates; thence running east on the west prolongation of the north line of Lot 1, and on the north line of said Lot 1 in Block 4 of said Normandy Estates for a distance of 185.8 feet, or 56.632 meters, to the place of beginning, all as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. The following streets in the district, shall be improved by paving, curbing, guttering, and all incidental work in connection therewith: Church Road from the east line of Spring Road to the west line of Post Road, and Post Road from the north line of Church Road to the south line of Spruce Road. Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the City, and approved by the Mayor and Council. SECTION 4. The improvements shall be made at public cost, but the cost thereof, excluding intersections, shall be assessed upon the lots and lands in the district specially benefited as provided by law. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat as provided by law. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 7. After passage, approval, and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Daily Independent, a legal newspaper published and of general cir~ulation in said City, as provided by law. l Enacted MAY 3 1 1977 ATTEST: ,4Y~-i - LEGAL DEPARTMENT I+~- 11 I , I . 'iJ~. C::i 2 Q:: I 0 I cD \ ~; ..... ~ 9: e5 ~ o o r<'l o o r<'l ~o '(\j v- o r<'l 119.9' 249.9' I ~T \~ .... U \" ~r. f I .", I t'- I .0 o r<'l o cD , f CHURCH 130' 25 = I ... 60' 2 60' 130' 125.8' RD. 0 cD 187.7 60' 10 0 ~ ~ 187.69' ~ I I I I = 187.61' 187' , 3 187 5 . -16 SPR~~E I I I I LO t'- C'j Q:: -cD = (1l .v o 8 187.53' 187.45' 6 187. 37 -", - o (\j - v (\j : 60' ....... V) ~ Cl II' I I J ~~'iJ 4 t(" 'iJ ~ 4 16 easement 299' 300' ~ ~~~ lea. t,.' Cf). ... , o~ ,lea ~~. - <i (\j t'- ~. ~ \\' ~\' ~t,C. 300' Ra o (' cD ,.- 60' "'- CONVERSIONS I ft. = 0.3048 meters PAVING OlSt NO. 923. 360 EXHIBIT" A" ;. CITY OF GRAND ISLAND. NEB. ENGINEERI N GOEPARTMENT. PLAT TO ACCOMPANY ORO. NO. 6138. SCALE:I".,OO' O.L.d. 5/17/71] . . ORDINANCE NO. 6139 An ordinance creating street Improvement District No. 924; defining the boundaries of the district; providing for the improvement of a street within the district by paving, curbing, guttering, and all incidental work in connection therewith; and to provide for an effective date of this ordinance. BE IT ORDAINED BY THE 1-1AYOR AND COUNCIT, OF TIlE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 924 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at a point on the west line of Post Road and 300 feet, or 91.44 meters, north of the north line of Spruce Road; thence running south on the west line of Post Road for a distance of 300 feet, or 91.44 meters, to the northwest corner of the junction of Post Road and Spruce Road; thence running south on a line 374.37 feet, or 114.108 meters, east of Spring Road for a distance of 260 feet, or 79.248 meters, to the south line of Lot 6 in Block 1 of Farmington Second Subdivision; thence running ,Test on the south line of Lot 6 and Lot 5 in Block 1 of Farmington Second Subdivision, being 200 feet, or 60.96 meters, south of Spruce Road for a distance of 187.37 feet, or 57.11 meters, to the east line of Lot 2 in Block 1 of Farmington Second Subdivision; thence running south on the east line of Lot 2 in Block 1 of Farmington Second Subdivision for a distance of 29.2 feet, or 8.90 meters, to a point 229.2 feet, or 69.86 meters, south of the south line of Spruce Road; thence running west on a line parallel to and 229.2 feet, or 69.86 meters, south of the south line of Spruce Road and its west pro- longationfor a distance of 247 feet, or 75.286 meters, to the west line of Spring Road; thence running north on the west line of Spring Road for a distance of 589.2 feet, or 179.588 meters, to a point 300 feet, or 91.44 meters, north of the west prolongation of the north line of Spruce Road; thence running east on a line being the west prolongation and 300 feet, or 91.44 meters, north of the north line of Spruce Road for a distance of 414.57 feet, or 126.361 meters, more or less, to the west line of Post Road, also being the point of beginning, all as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. The following street in the district, shall be improved by paving, curbing, guttering, and all incidental work in connection therewith: Spruce Road from the west line of Post Road to the east line of Spring Road. Said improvements shall be lnade in accordance with plans and specifications prepared by the Engineer for the City, and approved by the Mayor and Council. SECTION 4. The improvements shall be made at public cost, but the cost thereof, excluding inter- sections, shall be assessed upon the lots and lands in the district specially benefitted as provided by law. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, as provided by law. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 7. After passage, approval, and publication of this ordinance, notice of the creation of said district shall.be published in the Grand Island Daily Independent, a legal newspaper published and of general circulation in said City, as provided by law. MAY 3 1 1977 Enacted A~ST: ~ ~.~.. ;:/ . Ci ty Clerk - .--- APPRjfQ -~~ 1 8 1977 LEGAL DEPARTMENT e 1.0~ \~6 .... .0 ~~~ 2 .0 ~ 9 N 60' 187.61' 187. ~ 60' Q:: POI NT OF 3 414.57':i: I 8 BEGINNI NG r " f t , 187.53' I C::i 6' easement Q:: I 0 4 I I 7 0 ~ ~ ~II '0 0 (\1 187.45' 0 0 ~ It') I I f..... ai I j ~ c:.o c:.o ~ It) - .,f 5 I I 6 -i Q. ~ I ~ I I 60' " 187' 187.37' ) , .0 SPRUCE .0 RO \D \D -- -... t 187 124 124. 33 6' easement @ \D ~ 0 \D N .0 N 0 en 5 6 N N N ~ N ~ \- 2 "'- 247 - -l87~ . ~ ~ ~ tI) 3 4 60' CONVERSION 1ft.. 0.3048 meters EXHIBIT nAil PAVING OIST. NO. 924. CITY OF GRAN D ISL AND, NEBR. ENGINEERING DEPARTMENT. :~3A:TO ACCOMPANY ORD. No.1 SCALE: 1"= 100' D.L.d.. 5 /17/771' ORllINANCE NO. 6140 An ordinunce assessing und levying a spccial tax to pay the cost of construction of Water Main District No. 322 of the Clty of Grand Island, Nebraska; providing for the collection of such special tax; and repealing any provision of' the Grund Island City Code, ordinances, and parts of ordinances, in conflict herewith. . BE rl' OHDAnmD BY HIE 14I\YOl{ AND COUNCIL OF 'mE CITY OF GHAND ISLAND, NEI3HASKA: SECTION J.. 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. 322 as udjudeed by the Mayor and Council of said City, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands as follows: Essink Brothers Construction Company, Inc. 1 Essink Brothers Construction Company, Inc. 2 Essink Brothers Construction Company, r~c. 3 Essink Brothers Construction Company, Inc. 4 Essink Brothers Construction company, Inc. 5 Essink Brothers Construction Company, Inc. 6 Essink Brothers Construction company, Inc. 7 Essink Brothers construction Company, Inc. 8 Essink Brothers Construction Company, Inc. 9 Essink Brothers Construction Company, Inc. 10 Essink Brothers Construction Company, Inc. 11 Essink Brothers Construction Company, Inc. 12 Catherine J. Davis 10 2 Duane E. and Linna Dee Donaldson 11 2 Carl and Edith 1. Galvin 12 2 Carl and Edith 1. Galvin W 30' 13 2 Darrel Vaughn & Shirley A. Illian E65' 13 2 Darrell Vaughn and Shirley A. Illian 14 2 Zane A. and Hita L. Hipke 15 2 Ervin F. or Alice E. Terry 16 2 Richard D. and Dorothy D. Senkbeil 1 3 Dean R. and Kathy Oppliger 2 3 Paul V. and Jane H. Rombach 3 3 Delbert G. Stueven 4 3 Maude E. Walters 5 3 James W. and Lilah L. Smith 6 3 George A. and Lucille E. Whitehead 9 3 Delores K. Haack 10 3 Raymond L. and Iva L. Stoulp 11 3 Constance R. Hansen 12 3 Ellery C. and Donna J. Lenz 13 3 Ro~ey F. and Laura J. Hiser 14 3 Theodore J. and Winifred W. Bielfeldt 1 5 Theodore J. and Winifred W. Bielfeldt 2 5 John M. Willman, Jr. w60.8' 3 5 ~heodore J. and Winifred W. Bielfeldt E39.2' 3 5 Wilbur W. and Connie C. Wrage 4 5 Donald L. and Cora Marian Wirtz 5 5 Reuben C. Paulsen 6 5 Robert D. and Irene G. Christensen 7 5 Clayton C. and Nancy J. Meyer 8 5 Norbert and Fern L. Svoboda 9 5 John C. and Gerlyn M. F'ooks 10 5 Elaine Collier' Pt of NW~NWt of Section 23-11-9, described as beginning at a point 148' south of the north line of said section, point being on west line of said section; thence east 183'; thence south 300.34'; thence west 50'; thence north 100'; thence west 133'; thence north 202' to 'the point of beginning NAME: Valley View Third " " " " " " " " " " " Valley View Sub. " " " " " " " " " " " " " " " II " II II " " II " " II " II " II II A & L Farms Inc., Tom Anderson & Bob Lassen Pt of NW~NW~, Section 23-11-9, described as beginning at a point 450' south of the northwest corner of said section; thence east 183'; thence south 50'; thence west 183' j thence north 50' to the point of beginning . - 1 - LEGAL DEPARTMENT AMOID1T $487.74 431.91 377.92 377.92 404.92 404.92 404.92 460.90 461. 01 404.92 404.92 404.92 512.89 512.89 512 . 89 161.96 350.93 512.89 512.89 512.89 539.89 539.89 539.89 539.89 539.89 539.89 539.89 539.89 539.89 539.89 539.89 539.89 539.89 539.89 328.25 211. 64 539.89 539.89 539.89 539.89 539.89 539.89 539.89 1,090.58 269.95 .,. . . pt of NVl~Nw~ of Section 23-11-9, 500' south of the northwect co1'::er of said south 200'; thence ~Iest 183'; thence north Orville and Gladys ~~ff described as be~innin~ at a point Section; thence cast 183'; thence 200' to the point of beginning Paul F. and Dorothy E. Frauen pt of NW~rMi} of Section 23-11-9, described as beginnine at 700.1' south of the northYlcst corner of said section; thence east 183'; thence south 176'; thcnce west 183'; thence north 176' to the point of beginning $1,080.32 & $950.21 SECTION 2. The special tax shall become delinquent as folloYls: 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 per cent per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of nine per cent per annum shall be paid thereon, until the same is collected and paid. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Se~er and Water Extension Fund" for Water Main District No. 322. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from. and after its passage, approval, and publication within fifteen days in one issue of the Grand Island Daily In.dependent, as provided by law. Enacted MAY 3 J 1977. ATTEST: ~~ C ty erk ,.' - 2 - '~l . . ORDINANCE NO. 6141 An ordinance assessing and levying a special tax to pay the cost of construction of Sanitary Sewer District No. 426 of the City of Grand Island, Nebraska; providing for the collection of such special tax; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRA...T'lD ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said sanitary sewer in Sanitary Sewer District No. 426, as adjudged by the Council of said City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after due notice having been given thereof' as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon the lots, tracts, and lands as follows: NAME LOT SUBDIVISION' AMOUNT Essink Brothers Construction Company, Inc. 1 Valley View Third $683.25 Essink Brothers Construction Company, Inc. 2 II, 605.05 Essink Brothers Construction Company, Inc. 3 II 529.42 Essink Brothers Construction Company, Inc. 4 II 529.42 Essink Brothers Construction Company, Inc. 5 " 567.23 Essink Brothers Construction Company, Inc. 6 II 567.23 Essink Brothers Construction Company, Inc. 7 II 567.23 Essink Brothers Construction Company, Inc. a II 645.66 Essink Brothers Construction Company, Inc. 9 II 645.80 Essink Brothers Construction Company, Inc. 10 II 567.23 Essink Brothers Construction company, Inc. 11 It 567.23 Essink Brothers Construction Company, Inc. 12 " 567.23 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-fi~th 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 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 per cent per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of nine per ~ent per annum shall be paid thereon until the same is collected and paid. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall,be paid into a fund to be designated as the "Sewer and Water Extension Fund" for sanitary Sewer District No. 426. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. Enacted MAY 3 1 1977 . esident of the Council ?f~ i-.~ ATTEST: LEGAL DEPARTMENT " ORDINANCE NO. 6142 An ordinance assessing and levying a special tax to pay the cost of construction of Sidewalk . District No.3, 1976, of the City of Grand Island, Nebraska; providing, that the assessments shall be a lien on the property 0:' which levied; providing for the collection of such special tax; and repealing any provisions of the Grand Island City Code, ordinances and parts of ordinances in conflict herewith. BE IT ORDAINED BY THE MAYOR AIID COUNCIL OF TIlE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots and tracts of land, specially benefited, for the purpose of paying the cost of construction of Sidewalk District NO.3, 1976, as adjudged by the City Council, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon suCh lots and tracts of land as follows: NAME LOT Glenn Schwarz '12 BLK 10 ADDI'J'ION AMOUNT Parkhill Third $324.00 SECTION 2. The special taxes shall become delinquent as follows: one-seventh of the total assessment shall become delinquent in ten days after such levy; one-seventh in one year; one-seventh in two years; one-seventh in three years; one-seventh in four years; one-seventh in'five years; one- seventh in six years; provided, however, the entire amount so assessed and levied against each lot or tract of land may be paid within ten days from the date of this levy withoUQ interest, and the lien of special tax thereby satisfied and released. EaCh such installment, except the first, shall draw interest at the rate of seven per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of three-fourths of one per cent per month shall be paid thereon. SECTION 3. The Clerk-Finance Director of the City of Grand Island, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Sidewalk Fund" for Sidewalk District No.3, 1976. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. Enacted JUL 11 1977 . ' Council ATTEST: ~~4~ City Clerk -- . I LEGAL DEPARTMENT J ~ . J' . l1 I ., i ORDINANCE NO. 6143 An ordinance directing and authorizing the conveyance of Lot 8, Block 10, Voitle's Addition to the City of Grhnd Island, Hall County, Nebraska; providing for the giving of notice of such conveyance and the terms thereof; providing for the right to file a remonstrwlce against such conveyance; to repeal Ordinances Nos. 6089 anu 6004; and providing the effective date thereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The conveyance to Delbert D. Theasmeyer and Lois A. Tbeasmeyer of Lot Eight (8), Block Ten (10), Voitle'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 $950.00; conveyance of the real estate above described shall be by warranty deed, upon delivery of the consideration, and the City of Grand Island will furnish an abstract of title. SECTION 3. As provided by lavT, notice of such conveyance and the terms thereof shall be published for "",;-" three consecutive weeks in the Grand Island Daily Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the city clerk is hereby directed and instructed to prepare and publish such notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by legal electors of the City of Grand Island equal in number to thirty percent of the electors of the City of Grand Island voting at the last regular raunicipal election held -in such City be filed with the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to the said Delbert D. Theasmeyer and Lois A. Theasmeyer 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. Ordinance No. 6089 and Ordinance No. 6004 and any other ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7. This ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted MAY a 1 1977. of the Council 71~~~_4 .. -> AT~T~ ~ ~/ ;i: y C er LEGAL DEPARTMENT . ~ 0::: It o l- . ORDINANCE NO. 6144 An ordinance creating street Improvement District No. 922, defining the boundaries of the district, providing for the improvement of a street within the district by paving, curbing, guttering, and all incidental work in connection therewith; and to provide for an effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. To describe the boundaries of the following district, the north line of Anna Street shall be along the south line of Blocks 5, 6, 7, and 8 of Gladstone Place, and shall have a right-of-way of 49 feet, or 14.935 meters, in width on the south side of Block 8 of Gladstone Place from the west line of Blaine Street right-of-way to the west line of the Subdivision of Block One (1), Vine Hill Subdivision, and a right- of-way of 50 feet, or 15.24 meters, in width on the south side of Blocks 5, 6, 7, and 8, except as heretofore stated from the west line of the subdivision of Block One (1), Vine Hill Subdivision, to the west line of Gladstone Place and Vine Hill Subdivision, also being the east right-of-way line of the st. J'oseph Branch of the union Pacific Railroad right-of-way. The additional right-of-way required along the south side of Anna Street from the west line of Blaine Street right-of-way to the east line of the St. Joseph Branch of the Union Pacific Railroad right-of-way has not been acquired as of the date of this ordinance, but the boundaries of this district are as through the additional right-of-w'ay were acquired. SECTION 2. Street Improvement District No. 922 in the City of Grand Island, Nebraska, is hereby created. SECTION 3. The boundaries of the district shall be as follows: ,... f'o-. en - I- Z iLl :E I- 0:: < Q.. LLl Q ..J <<( C!l LLl ..J Beginning at the junction of the east prolongation of the north line of Lot 5 through Lot 8, inclusive, in Block 8, of Gladstone Place, and a line 33 feet, or 10.058 meters, east of the west right-of-way line of Blaine street; thence running south on a line 33 feet, or 10.05 meters, east of and parallel to the west right-or-way line of Blaine Street for a distance of 478.5 feet, or 145.847 meters, to the east prolongation of a line 300 feet, or 91.44 meters, south of and parallel to the south line of Anna street; thence running west on the east prolongation of a line and continuing "rest on said line, being five (5) feet, or 1. 524 meters, south of and parallel to the north line of Lot 5 in the Subdivision of Block One (1), Vine Hill Subdivision, for a discance of 148 feet, or 45.11 meters, to the west line of the subdivision of Block One (1), Vine Hill Subdivision; thence running south on the west line of the subdivision of Block One (1), Vine Hill Subdivision for a distance of one foot, or 0.3048 meters, to a point 300 feet, or 91.44 meters, south of the south line of Anna Street; thence running west on 'a line 300 feet, or 91.44 meters, south of and parallel to the south line of Anna Street faT a distance of 537.6, or 163.86 meters, more or less, to the south prolongation of the west line of Ingalls Street; thence running north on the south prolongation of the west line of Ingalls Street and on the west line of Ingalls Street for a distance of 174 feet, or 53.035 meters, to a point 126,feet, 94 53.035 meters, to a point 126 feet, or 38.405 meters, south of the south line of Anna Street; thence running west on a line 126 :eet, or 38.405 meters, south of and parallel to the south line of Anna Street for a distance of 585.4 feet, or 178.43 meters, to the east right-of-way line of the St. Joseph Branch of the Union Pacific Railroad; thence running north on the east right-of-way line of the St. Joseph Branch of the Union Pacific Railroad for a dist~~ce of 311.5 feet, or 94.945 meters, to a point 135.5 feet, or 41.3 meters, north of the north line of Anna Street; thence running east on a line 135.5 feet, or 41.3 meters, north of and parallel to the north line of Anna Street for a distance of 263.25 feet, or 80.239 meters, more or less, to the east line of Curtis Street; thence running north on the east line of Curtis street for a distance of 164.5 feet, or 50.14 meters, to a point 29 feet, or 8.839 meters, north of the south line of vacated John Street; thence running east on a line 29 feet, or 8.839 meters, north of and parallel to the south line of John Street for a distance of 264 feet, or 80.467 meters, to the west line of Ingalls Street; thence running south on the west line of Ingalls Street for a distance of 170.5 feet, or 51.968 meters, to a point 129.5 feet, or 39.472 meters, north of the north line of Anna Street; thence r~~ing east on a line 129.5 feet, or 39.472 meters, north of the north line of Anna Street for a dist~~ce of 681 feet, or 207.569 meters, to the place of beginning, all as shG'Wn on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 4. The following street in the district shall be improved by paving, curbing, guttering, and all incidental work in connection therewith: ORDINANCE NO. 6144 (Cont'd) . Anna street from the paving in Blaine Street to the east line of the st. Joseph Branch of the union Pacific Railroad right-of-way. 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 5. The improvements shall be made at public cost, but the cost thereof, excluding intersections, shall be assessed upon the lots and lands in the district specially benefited thereby as provided by law. SECTION 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. This ordinance with the plat is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 8. After passage, approval, and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Daily Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted ,"IN 1 ~ 1977 . ~... Council - ATTEST~~~-----'- City Clerk . - 2 - ~~ I r---:-- ~~-~r-- I < 't~ >~' I II ~ ~- :. ! Ilt--~ ";) ~ "', i -1/ (;9-~ --,ll ~-1~'~ 7 _______ ~--- ------1' II ,Ii 611 '", on co -J ", -.JI '" ~~" Oz '-........ ....0 o.w '" 1-76~---- ~-_.._-- I t~- It') ;.., ", d ,09 '", '" " .., lS iO .., 1 ~ ~-=1 '" t- _I 00 'co '" v It') b :J.S S77tt9N/ .., ~ ,.'OLI 1- '~II: '.., 00 .., ':j I .... .... ----~51 .. '" " OJ U ~ ~ .. ,6Z I w I ... '", 0: .. V 'iZll It') .., '" , .;- ,do .... ,.'~91 ." '0 :J.S .., '", '" '.. .. '" .., r\fl i~ ;:2 LG.~!....___J ,.'HI v It') ,09 -+---+--+-+--t.-.+-.....-+--+ , L___._.J L_~ :J.S 3N/tt78 .~ .6 <pB....1-~.Ti ~fs~~-I.?l~- d <1llco3: I'- <D'~! ).il: -, I ~p01e !:' 1:/0 NO'S MQanS ,...... .~ -- ie -J .... ALJ~~ _ .... ....;1. --. - -"1 pI: , '.. '" ! a: III ci wI-' a:: 2Z 0 .W O::E 2:1- >- <(0:: Z ...1<( <( 1IlQ. Q. -"-I ::E 00 0 .", z u .... -<1: <(C> u .. It: 2 <( ! ..... c.:l.... ", I- a:: 0'" : ,,-w ""''1' 0) ow Z 1-<0 >-- III :c f-ot? <(. ....Z ...)0 X uw 0..2: W ,.sa ,DO\: ~@-====:c @) +1 -.. ... .... .., '.., '" ~ ~ 01 c 2: U' ~ (/') 0 ,OO\: vi I- Z a: I.U W ::it I- I.U W > 03lY'Y^ ~ 0 '0 Zll) a: '" 0.. O'ft' ::it ,trll -0 (I),..., '.., ,09 0:::. I- 00 co IJJO Ll.l > . W Z~ a: OlL I- U_ en h: CI) '", .., '" '" " ~\ 1 '~ ll: '" "- I "'. II, " ' I \oJ . III I ~ I ~ " " ll: ... .. ... ... '" .... '" ,nl .~" v I ~ ,I ~j '''. ~ S /J.t:ln:J '" '0 .., r----:-l. I ,.,.. "'co I \.V iki L I :s: I "C .tp~1 lj '" ~ ~) l~ Will) '::'LL ~ i t ,09 v It') ,921 'YYd n .:10 I_--+--+-+....-+--+--l_+--f___--+-_-l__+_--t---t- , H:JNVY8 Hd3S01' ~S . . ORDINANCE NO. 6145 An ordinance to amend Section 20-86.1 of the Grand Island City Code pertaining to speed limits on Stolley Park Road; to provide a penalty; to repeal the original section; and to provide the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAJiJD ISLAND, NEBRASKA: SECTION 1. That Section 20-86.1 of Chapter 20 of the Grand Island City Code be amended to read as follows: "Sec. 20-86.1. SPEED LIMITS - STOLLEY.'PARK ROAD It shall be unlawful for any person to operate a motor vehicle on Stolley Park Road at a rate of speed greater than the following: 45 miles per hour on that part of Stolley Park Road within the City of Grand Island lying between Webb Road and the st. Joseph Branch of the Union Pacific Railroad; 35 miles f- ~ per hour on that part of Stolley Park Road within the City of :E ~ Grand Island lying between the St. Joseph Branch of the Union f ~ Pacific Railroad and Nebraska State Highway No.2, known as ~ Locust Street; and 45 miles per hour on that part of Stolley ~ LLI -J Park Road within the City of Grand Island lying between Locust Street and the east city limits; provided, that on that part of Stolley Park Road adjacent to Barr Junior High School and Stolley Park Grade School no persons shall operate a vehicle at a greater speed than the speed designated in Section 20-87 of the Grand Island City Code." SECTION 2. Any person violating the provisions of Section 1 of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and be punished as provided in Section 1-7 of the Grand Island City Code. SECTION 3. That Section 20-86.1 as heretofore existing, be, and hereby is, repealed. SECTION 4. This ordinance shall be in force and take effect from and after its passage, approval, and publication, within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted JUN 1 3 1977 ATTEST: q3{d!{~~~~c~ City Cler ORDINANCE NO. 6146 . An ordinance rezoning a ,tract of land beyond the corporate boundaries of the City of Grand Island, Nebraska, in Section 32, Township 11 North, Range 9 West of the 6th P.M., Hall County, Nebraska; changing the classification of such tract of land from TA-Transitional Agriculture Zone to RD-Residential Development zone; directing that such 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 reclassifi- cation;,repealing conflicting ordinances; and providing the effective date of this ordinance. WHEREAS, the Regional Planning Commission on May 11, 1977, recommended approval of the proposed zoning of such area; and WHEREAS, notice as required by Section 79-4,151, R.R.S. 1943, has been given to the Board of Education of Northwest High School and to School District No. 4 in Hall County, Nebraska; and WHEREAS, after public hearing on May 31, 1977, 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: SRCTION 1. That the following described real property, located in Hall County, Nebraska, to wit: Southwest Quarter of the Northeast Quarter (SwtNE~) of Section 32, Township 11 North, Range 9 West of the 6th P.M., Hall County, Nebraska, be, and the same is, hereby rezoned and reclassified and changed to RD-Residential Development zone classification. SECTION 2. 1hat the official zoning map of the City of Grand Island be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That the finding and recommendation of the Regional Planning Commission and of the City Council of tne City of Grand Island is hereby accepted, adopted, and made a part of this ordinance. SECTION 4. That Section 36-7 of the Grand Island City Code and all ordinances and parts of ordinances in conflict herewith are hereby amended to reclassify such above described area as herein ordered and determined. SECTION 5. That this ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independent. Enacted flUN l:i 1977 ATTEST:~;(~~~ City Clerk '( lC)77 LEGAL DEPARTMn:r ~ ... . . ,l...'~:~,.. . .;: . ORDINANCE NO. 6147 An ordinance assessing and levying a special tax to pay the cost of construction of Water ~~in 326 of the City. of Grand Island, Nebraska; providing for the collection of such special tax; District No. and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances, in conflict herewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land h f 'n the cost of construction of said water main in said Water specially benefited, for t e purpose 0 paY1 g Main District No. 326, as adjudged by the Mayor and Council of the City of Grand Island, 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: N~ LOT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 ADDITION .AJ.'lOUNT $443.27 413.06 413.06 413.06 413.06 413.06 413.06 413.06 443.27 337.80 3C(2 .76 372.76 372 . 76 3C(2.76 372.76 377.80 377.80 372.76 372.76 372.76 372 . 76 372.76 377.80 413.06 413.06 413 . 06 413.06 413.06 413.06 413.06 661. 44 619.58 377.80 377.80 377.80 377.80 377.80 James G. Rector and Pamela J. Rector James G. Rector and Pamela J. Rector James G. Rector and Pamela J. Rector James G. Rector and Pamela J. Rector James G. Rector and Pamela J. Rector James G. Rector and Pamela J. Rector James G. Rector and Pamela J. Rector James G. Rector and Pamela J. Rector James G. Rector and Pamela J. Rector James G. Rector and Pamela J. Rector James G. Rector and Pamela J. Rector James G. and Pamela J. Rector J'ames G. and Pamela J. Rector James G. and Pamela J. Rector James G. and Pamela J. Rector James G. and Pamela J. Rector J'ames G. and Pamela J. Rector James G. and Pamela J. Rector James G. and Pamela J. Rector James G. and Pamela J. Rector James G. and Pamela J. Rector James G. and Pamela J. Rector James G. and Pamela J. Rector James G. and Pamela J. Rector James G. and Pamela J. Rector James G. and Pamela J. Rector James G. and Pamela J. Rector James G. and Pamela J. Rector James G. and Pamela J. Rector James G. and Pamela J. Rector J"ames G. and Pamela J. Rector James G. and Pamela ,T. Rector James G. and Pamela J. Rector James G. and Pamela J. Rector James G. and Pamela J. Rector James G. and Pan~la J. Rector James G. and Pamela J. Rector West Bel Air Fifth II II II II II II II II II II II II II II II II II II II II fI fI fI II fI fI If If If If If If fI fI fI If 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 per cent per aP~um from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of nine per cent per annum shall be paid thereon, until the same is collected and paid. . . collect the amount of said taxes herein set forth as provided by law. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to 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. 326. of ordinance, in conflict herewith, is hereby repealed. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part SECTION 6. This ordinance shall be in force and take effect from and after its passage, approval, Enacted JUN 1 3 1!77 and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. <7~ ATTEST: q-;:;r:;. .. .< City Clerk --- ?f~ sident of the Council ORDINANCE NO. 6148 . An ordinance creating street Improvement District No. 928; defining the boundaries of the district; providing for the improvement of streets within the district by paving, guttering, and all incidental work in connection therewith; and 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. 928 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at a point 33 feet, or 10.058 meters, east of the west line of st. Paul Road, and 245.25 feet, or 74.752 meters, north of the north line of 18th Street; thence running south on a line 33 feet, or 10.058 meters, east of the west line of St. Paul Road for a distance of 605.25 feet, or 184.48 meters, to a point 300 feet, or 91.44 meters, south of the east prolongation of the south line of 18th Street; thence running west on a line parallel to and 300 feet, or 91.44 meters, south of the south line of 18th Street for a distance of 165 feet, or 50.292 meters, to the east line of Lot 5 in Block 4 of Blain Addition; thence running south on a line parallel to and 132 feet, or 40.234 meters, west of the west line of st. Paul Road for a distance of' 163.5 feet, or 49.835 meters, to a point 161 feet, or 49.073 meters, south of the south line of Blain Addition; thence running west on a line parallel to and 161 feet, or 49.073 meters, south of the south line of Blain Addition for a distance of' 993 feet, or 302.666 meters, to the south prolongation of the west line of Lot 24 in Block 4 of Blain Addition; thence running north on the south prolongation of the west line of Lot 24 in Block 4 of Blain Addition, the west line of said Lot 24, and the east line of Illinois Avenue, for a distance of 488 feet, or 148.742 meters, to a point on the east line of Illinois Avenue, being 138 feet, or 42.062 meters, north of the north line of 18th street; thence running east on a line parallel to and 138 feet, or 42.062 meters, north of the north line of 18th Street for a distance of 643 feet, or 195.986 meters, to a point 7 feet, or 2.134 meters, west of the east line of Lot 7 in Block 3 of Blain Addition; thence running north on a line 7 f'eet, or 2.13)+ meters, west of the east line of Lot 7 in Block 3 of Blain Addition and its north prolongation for a distance of 188 feet, or 57.302 meters, to the north line of 19th Street; thence running east on the north line of 19th street for a distance of 300 feet, or 91.44 meters, to the north prolongation of the west line of Indiana Avenue; thence running north on a line being the north prolongation of the west line of Indiana Avenue for a distance of 169 feet, or 51. 511 meters, to a point on tbe north prolongation of the ,;rest line of Indiana Avenue and 11 feet, or 3.353 meters, north of the north line of Lot 3!f in Geer Subdi vis ion; thence running east on a line parallel to and 11 feet, or 3.353 meters, north of the north line of Lot 34 in C~er Subdivision for a distance of 50 feet, or 15.24 meters, to the north prolongation of the east line of Indiana Avenue; thence running south on a line being the north prolongation of the east line of Indiana Avenue for a distallee of '(6 feet, or 23.165 meters, to a point 45 feet, or 13.716 meters, south of the north line of Blain Addition; thence rlmning east on a line parallel to and 93 feet, or 28.346 meters, north of the east prolongation of the north line of 19th Street for a distance of 165 feet, or 50.292 meters, to the point of beginning, all as shown on the plat dated 6/7/77, marked Exhibit "A", attached hereto and incorporated herein by reference. SECTION 3. The following streets in the district, shall be improved by paving, curbing, guttering, and all incidental work in connection therewith: 18th Street from the east line of Illinois Avenue to the west line of Indiana Avenue; Indiana Avenue from the south line of 18th Street to the north line of 19th Street; and 18th Street from the east line of Indiana Avenue to the existing paving in St. Paul Road. Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the City, and approved by the r~yor and City Council. SEC1'ION if. The improvements shall be made at public cost, but the cost thereof, excluding intersections, shall be assessed upon the lots and lands in the district specially benefited thereby as provided by law. SECTION 5. This ordinance shall be in force and take effect from and after its . - 1 - publication, without the plat, as provided by law. LEGAL DEPARTMENT I I . . ORDINANCE NO. 6148 (Contrd) SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 7. After passage, approval, and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Daily Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted .IIIN 1 3 1977 AT~ST:&~Lt~ City Clerk - 2 - .. '" b -' o L.-----< " I .~.g -,'" .< . '::" 0" ;Z:~ -- --,,111 , ... , , " - -1- , - - -- ~ - -- ~"D rtr - - -- - - - - -I I - - - - ~ \)~ - 1 -1- t - 1 Ot1'OY ...~ 0% Z t-z ~~;; ~lii \- ! ___ c-_ -=--___L~Z...._~!~__ _ pz -- ,~6 ,O~ ,O~ ,~-2S i-",S~ - - VI /'f)1 , C- _ - - "", '" '" N N "", ~ <( ~~ - ,11-1 i-- 9~ J .f o '" i- ,691 ! lQ<: ,---- 1 V l_ _ _ _ _ _ _ ------ ,.----- 0'1 e , 1 I --- 1 -- ~/'f) "on N N ~6- _R'i os "g JI1Li ,0' -", .. "0 f......: l{) V) "0 '" .-\ - , ,BBI -- -" I ~A. ' , ~-\ ~ 0) ...... 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I t", ~ .Og I; (/) ~ ,191 o 1--..;'" V) '", '0 I '" I ,/ I ,I '~ I' ~ j, 1 f----'- I I' i \, I , ~'I ~ w z ~ I I ~ '~', I ~ ) I.; 1 I 1 'I I I I ,I I I I " I I i 1 I 'I 1 I 'I J I I , I I I I Ul '''(''' ~~- ~ ~ c'- U' @ J= V "", '" '" ,., !: r-- i" j, j I' I i I- I- 'I I / I ,I I I 1 I 'I I I ,I I 1 I '0 on , I- ~I' ..... f---- ?21, ~ l__~--: [ '1ft .1 " C\/ -, '0 ,8B\< LO -6 1(', N- _ _ J ,191- 1 'I I I ,o~ /- ,1l~1 1 I I I ::-_:~ . ~ 0:: ft 0:: 0- 0- <( . ORDINAUCE NO. 6149 An ordinance to amend Sections 1, 11, 12, 14, and 24 of Ordinance No. 5989, the Annual Appropriation to repeal the originals Sections 1, 11, 12, 14,~4; Ordinance of the City of Grand Island enacted July 28, 1976;/to provide severability; ~~d to provide the effective date of this ordinance. BE IT ORDAIUED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Section 1 of Ordinance No. 5989 be, and hereby is, amended to read as follows: "Section 1. The amount of $2,242,147.00 to be raised by taxation, together with the unexpended balance of $1,112,439.00 and the total miscellaneous income of $244,508.00, is hereby appropriated for the ensuing fiscal year to defray all necessary expenses and liability of the City for the departments and operations of the City, supported by the general all-purpose levy. The object and purpose of the appropriation shall be to pay salaries of officers and employees, to pay compensat:)n for independent contractors, to pay for supplies, materials, equipment, capital items, real estate, personal propert.v, maintenance, repairs, improvements, insurance, pensions, and judgments, and to pay for any and all other necessary eA~enses ~1d liability for the following departments and operations of the city supported by the general all-purpose levy: Manager's Office 101; Mayor to- Z lJJ ~ t- O:: <( a.. w Q -l 0:( '-' W -l and Council 102; Clerk-Finance 103; Personnel 104; Attorney's Office 105; Planning Cow~~ission Division 106; City Hall Division 107; Civil Service Division 108; Incidentals & Miscellaneous 109: Building Inspector Divison 110; Engineering Division Ill; Health Division 122; ITA" Sewer Maintenar.2e Division 123; Water Pollution Control Plant "EIT 125; "DIT storm Sevier Division 126; Street, Alley 2, Paving Division 127; Landfill Division 128; Bank Division 1hO; Cemetery Division 141; Civil Defem~ Division 142; Fire Division 1}.f3; Ambulance Division 144; Library Division 145; Communications Center 146; Parks Division 147, 148, lL~9, 150; Police Division 160; Health Insurance 209; and Group Life Insurance 215." SECTION 2. That Section 11 of Ordinance No. 5989 be, and hereby is, amended to read as follows: "Section ll. U. S. SAVINGS BOND ACCOUNT DIVISION - 207 That the estimated receipts in the sum of $42,000.00 received from employee contributions for the purpose of buying United States Savings Bonds is hereby appropriated for ensuing fiscal y~qr." SECTION 3. That Section 12 of Ordinance No. 5989 be, and hereby is, amended to read as follows: "Section 12. STATE SALES TAX FUND - 208 That the estimated receipts in the sum of $8,526.00 received from the collection of the Nebraska State Sales Tax by the Utilities Department and Swimming Pool, and unexpended balance of $494.00, is hereby appropriated for the ensuing fiscal year." SECTION I? That Section 14 of Ordinance No. 5989 be, and hereby is, amended to read as follows: "Section 14. SPECIAL DEPOSIT FUND - 221 That the estimAted receipts in the sum of $4,000.00 is hereby appropriated for the ensuing fiscal year." - 1 - . . ORDINANCE NO. 6149 (Cont'd) SECTION 5. That Section 24 of Ordinance No. 5989 be, and hereby is, amended to read as follows: "Section 24. SEVIER REVENUE - 310 That the estimated receipts in the sum of $296,000.00 from sewer use fees and from Swift and Company, is hereby appropriated for the ensuing fiscal year for use and benefit of said fund." SECTION 6. That the originals Sections 1, 11, 12, 14, and 24 of Ordinance No. 5989 are hereby repealed. SECTION 7. 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 8. This ordinance shall be in force and take effect from and after its passage, approval, and publication as provided by law. Enacted JUN 1 3 1977 ATTEST: d~ Ci ty Clerk - 2 - ORDINANCE NO. 6150 . An ordinance to amend Section 2 of ordinance No. 5994 which created Water Main District No. 323T; to re-define the boundaries of the district; to repeal the original Section 2; and to provide the effective date hereof. BE IT ORDAINED BY lliE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Section 2 of Ordinance No. 5994 be, and hereby is, amended to read as follows: "Section 2. The boundaries of such water main shall be as follows: Beginning at the center of said Section Twenty-four (24); thence running easterly on the north line of the South Half (st) of said Section 24 a distance of 200 feet, or 60.960 meters; thence south on a line parallel to and 200 feet, or 60.960 meters, east of the west line of the East Half of said Section 24 to a point perpendicular to and 200 feet, or 60.960 meters, northvlesterly from the north right-of-,vay line of the Union Pacific Railroad; thence northeasterly on a line parallel to and 200 feet, or 60.960 meters, northwesterly from the north right-of-"ay line of the Union Pacific Railroad to the east line of the West Half of the Southeast Quarter (WtSE~) of said Section 24; thence south on the east line of the West Half of the Southeast Quarter (StsE~) of said Section 24 to a point perpendicular to and 200 feet, or 60.960 meters, southeasterly from the north right-of-"ay line of the Union Pacific Railroad to a point perpendicular to and 163 feet, or 49.682 meters, "est of the west line of the East Half of said Section 24; thence north on a line parallel to and 163 feet, or 49.682 meters, "est of the west line of the East Half (Et) of said Section 24 to a point 450 feet, or 137.160 meters, south of the north line of the South Half (st) of said Section 24; thence easterly on a line parallel to and 450 feet, or 137.160 meters, south of the north line of the South Half (st) of said Section 24 a distance of 163 feet, or 49.682 meters; thence northerly on the "est line of the East Half (Et) of said Section 24 a distance of 450 feet, or 137.160 meters, to the center of said Section 24, being the place of beginning, all as shown on the plat dated 6/9/77, marked Exhibit "A" attached hereto and incorporated herein by reference." SECTION 2. That the original Section 2 of Ordinance No. 5994 as heretofore existing, be, and hereby is, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, as provided by la". SECTION 4. This ordinance, "ith the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. Enacted JUN 1 3 1977 ATTEST:$ &~---~~- . City Clerk /f.~ sident of the Council J LEGAL DEPARTMENT . ---.-. t - " PT. OF BEGINNING /" (CENTER OF SEC.24-1I-10) / I 1/4 SECTION LlNE~ '"I E o lD t-= ,.., I 1-200, 1(60.960m) I I I I I 27' 1(8.230m) N.W//4 OF SE //4 SEe 24 -T//N-R/OW .0 10 V ~ 163' (49.682m) 43.73' (13.329m) ( " .t:. r-- ~ ~ "- "- Q) Z I"- 9 ~ N "" O)J 1/16 LINE,? (8) EXHIBIT II A" CITY OF GRAND ISLAND,NEBR. ENGINEERING DEPARTMENT. PLAT TO ACCOM PANY OR D. NO. 6150. SCALE: 1"=200' D.L.~_~_~J77J AMNENDED WATER MAIN 323 T . . I- Z r-- W r-- :2: Ol I- 0:: 0 <( C\J 0- W ~ 0 ::> -' -. "" ~ 0 W ...J ORDINANCE NO. 6151 An ordinance creating Water Main District No. 330 in the City of Grand Island, Nebraska; defining the boundaries of the district; providing for the laying of a water main in said district; providing for plans and specifications and securing bids; providing for the assessment of special taxes for constructing such water main; and providing the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Water Main District No. 330 in the City of Grand Island, Nebraska, is hereby created for the laying of an eight inch, or 20.32 centimeters, water main in Old Potash Highway from the existing water main in Webb Road to Piper Street; thence north in Piper Street from Old Potash Highway to the existing water main in North Front Street. SECTION 2. The boundaries of such water main district shall be as follows: Beginning at a point being the junction of a line 130 feet, or 39.624 meters, south of the south line of North Front street with a line 278.37 feet, or 84.847 meters east of the east line of Piper Street; thence running south on a line parallel to and 278.37 feet, or 84.847 meters, east of the east line of Piper Street for a distance of 1,144.70 feet, or 348.905 meters, more or less, to the south line of Old Potash Highway, being 33 feet, or 10.058 meters, south of the north line of Nelsen Second Subdivision; thence running west on a line parallel to and 33 feet, or 10.058 meters, south of the north line of Nelsen Second Subdivision for a distwlce of 452.71 feet, or 137.885 meters, more or less, to the easterly line of Old Fair Road; thence running southerly on the easterly line of Old Fair Road for a distance of 12 feet, or 3.658 meters, more or less, to a point 45 feet south of the north line of Nelsen Second Subdivision, being the south line of Old Potash Highway; thence running west on the south line of Old Potash Hig~way for a distance of 952.76 feet, or 290.401 meters, to the west line of Nelsen Second Sub- division; thence running north on the west line of Nelsen Second Subdivision and continuing north on the west line of Section 18, TOImship 11 North, RWlge 9 \;Test of the 6th P. M., for a distance of 90 feet, or 27.432 meters, to a point 45 feet, or 13.716 meters, north of the southwest corner of said Section 18; thence running east on a line parallel to and 45 feet, or 13.716 meters, n:)rth of the south line of said Section 18 for a distance of 127.1 feet, or 38.74 meters, to the south- west corner of Lot J+ in Dill) Subdivision; thence running north on the west line of Lot 4 in DRD Subdivision for a distance of 250 feet, or 76.2 meters, to the northwest corner of Lot 4 in DRD Subdivision; thence running east on the north line of Lot 4 and Lot 5 in DRD Subdivision and continuing east on the north line of Lot 1 through Lot 3 in Warren Subdivision for a distance of 627 feet, or 191.11 meters, to the northeast corner of Lot 3 in Warren Subdivision; thence rWL~ing north on the west line of Lot 6 through Lot 11 in Vlarren Subdivision for a distance of 605 feet, or 184.40 meters, to the northwest corner of Lot 11 in Warren Subdivision; thence running east on the north line of Lot 11 in Warren Subdivision for a distance of 313 feet, or 95.402 meters, to the west line of Piper Street; thence running north on the west line of Piper street and its north prolongation for a distance of 421.7 feet, or 128.534 meters, to the north line of North Front street; thence running east on the north line of North Front Street for a distance of 60 feet, or 18.288 meters, to the north prolongation of the east line of Piper Street; thence running south on the north prolongation and on the east line of Piper Street for a distance of 210 feet, or 64.008 meters, to a point 130 feet, or 39.624 meters, south of the south line of North Front Street; thence running east on a line parallel to and 130 feet, or 39.624 meters, south of the south line of l~rth Front Street for a distance of 278.37 feet, or 84.847 meters, to the point of beginning, as shown on the plat marked F..xhibit "AI! attached hereto and incorporated herein by reference. SECTION 3. Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the City who shall estimate the cost thereof, and submit the same to the City Council, and upon approval of the same, bids for the construction of such water main shall be taken and contracts entered into in the manner provided by law. SECTION 4. The cost of construction of such improvement shall be assessed against the property within to such property, not to exceed the laying of a six inch water main for the property zoned residential, and such district abutting upon the street wherein such water main has been so placed to the extent of benefits not to exceed the laying of an eight-inch water main for the property zoned otherwise, by reason of such improvement, and a special tax shall be levied at one time to pay for such cost of construction as soon as can be ascertained; and such special tax and assessments shall constitute a sinking fund for the payment of any warrWlts or bonds for the purpose of paying the cost of such water w~in in such district; WId such - 1 - . . ORDINAlWE NO. 6151 (Cont'd) special assessmsnts shall be paid and collected either in a fund to be designated and known as the Se,~er and \'later Extension Fund for 'dater Hain District No. 330, or the 'dater Surplus Fund. and publication, without the plat, as provided by law. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. Enacted ,J UN 2 7 1977. A'l'TEST: ~/~~./ ~ ~~ - 2 - ( /~?J:~ /President of the Council . M RTH . 19 m :) en - - -- 6 o ~<( ~~ 0 ~ <:) a:: ~ec . m en 3 m mt ,... iLl 150 ~ 16'EA 0 40 10 a:: N 0 150' -.. NELSE N 1 I II 1 I 1 I . 14 : I I I I I I I I I ------,11 ~.J I- 313'- -_ t -------- 0 l- II z -0 ~ W I , ::E ~ ..... \O~ w ~ ~~~ <l: -0 0 w Q Q~~ 2 -0 ~ 1 N tI) 16' EASEMENT :: FRONT STREET I ______..J c~'v'v I :: I 1 'Z..~ I ~O' 627' 150 I I 127 EMENT"'-. i'-r20' E SEMEN I I 5 I 1 I I I I I 4. 'EASE I I r 150' J L _127') lod 100 10 ENT I'<) lOa' ~ 952.76 2nd NOTE: LOTS 1,2, a 3 OF DRD SUBDIVISION SHALL PAY CONNECT- ION FEES AND OBTAIN EASE- MENTS FOR CROSSING LOT 6 IN WEBB ROAD SUB. TO CONNECT TO PHASE 0 UNIT 2, PART 2 FOR WATER SERVICE. WARREN SUB. WATER DISTRICT No. 330. ~ Property included with Woter District 318. -0 (J) - , o -0 NI'<) POINT 0 ( BJ'NN'N. , -.... _to i".,.' 278.37' 12 N V 60' ~ +1 o .... .r v :: 7 6 :: -0 ~ Q .Q:: ...... ~ 4 313' 10 I'<) 60' 278.37' .. -I'<) I'<) I'<) I'<) 452.71 + SUB. -10 V -10 ~ 12 .:t -"~ 60' . ~ ~ ~ ~<:) -..Jec C) NORTH LINE OF NELSEN 2nd SUB. CONVERSION 1ft. = O.3048meters EXHIBIT "A" CITY OF GRAND ISLAND, NEBR. ENGINEERING DEPARTMENT. I PLAT TO ACCOMPANY ORD. . NO. 6151. l SCALE: 1"=200' D.L.J. 6/16/'77.' . . ORDINANCE NO. 6152 An ordinance to amend Section 15-28 of the Grand Island City Code pertaining to charges for the collection of garbage, refuse, and waste; to repeal the original section; 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 15-28 of the Grand Island City Code be amended to read as follows: "Sec. 15-28. CHARGES - RESIDENTIAL RATES - SCHEDULES The maximum monthly rates which may be charged by all persons engaged in the collection and transportation of garbage and refuse based upon two collections per week for residences are as follows: Number of Units Monthly Rates t- t- O'> - .... Z LU :E ~ .c; Q. f.Ll C ..... .c; (!) LJJ ..J When a separate billing is made for services rendered for One family $5.00 $2.50 Each additional family The garbage licensee and his customers may negotiate a reduced rate for lesser services. each dwelling unit of a two or more family dwelling, the one family monthly rate shall apply. When a single billing is made for a two or more family dwelling, the applicable multi-family rate shall apply. The above charges may be billed on a quarterly basis." SECTION 2. That the original Section 15-28 as heretofore existing, be, and the same is, hereby repealed. SECTION 3. Any person violating the provisions of this ordinance shall upon conviction be deemed guilty of a misdemeanor and be punished as provided in Section 1-7 of the Grand Island City Code. SECTION 4. This ordinance shall be in force and take effect from and after its passage, approval, and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted JUL 11 1977 esident of the Council ATTEST: /{/'J'f~ 4-r Clty Clerk . . ORDINANCE NO. 6153 An ordinance assessing and levying a special tax to pay the ,cost of construction of Water Main District NO.324 of the City of Grand Island, Nebraska; providing for the collection of such special tax; and repealing any provision of the Grand Island City COde, ordinances, and parts of 0rdinances, in conflict herewith. BE IT ORDAINED BY. THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land specially benefited, for the purpose of paying the cost of construction of said water main in said Water Main District No. 324 as adjudged by the Mayor and Council of said City, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands as follows: ~ f&1 ADDITION AMOUNT $1,556.95 $2,012.20 Charles O. and Elizabeth Bosselman Charles O. and Elizabeth Bosse1.man 11 Bosselman 2nd 12 Bosselman 2nd TOTAL $3,569.l5 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 per cent per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of nine per cent per annum shall be paid thereon, until the same is collected and paid. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Sew'er and Water Extension Fund" for Water Main District No. 324. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage, approval, and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted J UN 2 7 1977. AT~ST: pfl(~~~/ C ty C erk of the Council ORDINANCE NO. 6154 An Ordinance: Classifying the officers and employees of the City of Grand Island, Nebraska; fixing the ranges of compensation of such officers and employees and the effective date hereof; fixing . the hDurs of work time certain officers and employees shall wDrk each week; providing for quarterly payments Df clothing allowances to uniformed services; repealing Ordinance No. 6106 and all Dther ordinances in conflict with this ordinance; providing for severa- bility; providing for the effective date thereof; and providing for publication of this Drdinance in pamphlet form. NEBRASKA: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, SECTION 1. The classification of officers and emplDyees of the City of Grand Island, Nebraska, and the ranges of compensatiDn (salary and wages) to be paid for such classification, and the number Df hours which certain such officers and employees shall wDrk each 1977-1978 SALARY SCHEDULES PAY GRADES AND RANGE RATES week as follows: 1977 LEGAL DEPARTMENT CLASS PA Y GRADE RANGE HOURS GENERAL SCHEDULE AccDuntant I Account Clerk I Account Clerk II ~qwinistrative Assistant I . Administrati ve Assistant II Asst'~m8tery Superintendent Assista~ity Attorney .sst Engineer Maint Supt sst Power Plant Supt Attorney I Building Inspector I Business Manager Cashier I Cashier II Cemetery Superintendent Chief Building Official Chief Power Dispatcher City Attornelf Citv Manaqer 17 5 9 21 24 15 25 19 21 21 17 19 5 7 19 23 18 - 1 - 888 - 1238 513 - 669 611 - 847 1075 - 1497 1238 - .1729 807 - 1126 1300 - 1816 977 - 1361 1075 - 1497 1075 - 1497 888 - 1238 977 - 1361 513 - 669 557 - 769. 977 - 1361 1182 - 1649 932 - 1300 1281 - 2450 2083 - 3000 40 40 40 Unlimited Unlimited 40 Unlimited 40 40 Unlimited 40 40 40 40 Unlimited Unlimited 40 Unli.mited Unlimited ORDINANCE NO. 6151~ (Cont'd) Clerk II Clerk II I Clerk Steno I _lerk Steno II lerk Steno III Clerk Finance Director Clerk Typist I Clerk Typist II Clerk Typist III Comm Dev COOl' - Rehab Comm Dev COOl' - Real Estate Community Development Director Community Development Technician Custodian I Custodian II Dep Clerk-Finance Director Deputy Fire Chief Deputy Police Chief Director of Utilities Operation Distribution Supt - Elec Electrical Inspector Engineer Aide I Engineer Aide II Engineer Aide III Engineer Aide IV Engineer Assistant I Engineer Assistant II Engineer I Engineer II Engineer III Engineer III (PE) Engineering/Maint Supt Fire Chief Fire Marshal Fire Training Officer Foreman I Foreman II Golf Course Supt Golf Pro Housing Inspector I Lab Technician II Lab Technologist Landfill Attendant Legal Steno I Legal Steno II Line Foreman Maintenance Man I Maintenance Man II Maintenance Man III Maintenance Mechanic I Maintenance Mechanic II Meter Reader Supervisor Meter Superintendent Parks/Recreation Director Parking Attendant .park Superintendent rsonnel Director rsonnel Technician Planning Director Plant Maint Supt - Power Plant Operator I - WPCP Plant Operator II - WPCP Plant Operator Chief (III)-WPCP Plant Superintendent - WPCP Plant Superintendent - Power Plumbing Inspector Police Captain 0,...1':_0 rh';op 5 7 6 8 10 3 5 7 21 21 13 6 B 23 22s 22s 24 17 10 12 14 16 15 lB 21 24 27 29 24 218 2ls 15 IB 21 21 15 IB 19 8 7 10 22 10 12 14 13 16 15 22 6 20 10 20 10 12 18 22 23 17 20s - 2 513 - 557 - 535 - 584 - 642 - 1432 - 46B - 513 557 - 1075 - 1075 - 1600 - 736 - 535 - 5B4 - 11B2 - 1300 - 1300 - 2100 - 123B - B8B - 642 - 700 - 769 - B47 - 11B2 B07 - 1126 932 - 1300 1075 - 1497 1238 - 1729 142B - 1999 1570 - 2202 1238 - 1729 1300 - 1800 123B - 1497 123B - 1/+97 807 - 1126 932 - 1300 1075 - 1497 1075 - 1497 B07 - 1126 932 - 1300 977 - 1361 584 - B07 557 - 769 642 - 8B8 1126 - 1570 642 - B8B 700 - 977 769 - 1075 736 - 1026 B47 1182 B07 1126 1126 - 1570 1450 - 2000 535 - 700 1026 - 1428 1500 - 2100 642 - BB8 20,160 1026 - 1428 642 - 8B8 700 - 977 932 - 1300 1126 - 1570 11B2 - 1649 8BB - 1238 1182 - 1428 1400 - 2000 669 769 700 B07 BBB 2015 611 669 769 1497 1497 2250 1026 700 807 1649 1570 1570 2900 1729 1238 BB8 977 1075 40 40 40 40 40 Unlimited 40 40 40 Unlimited Unlimited Unlimited 40 40 40 Unlimited Unlimited Unlimited Unlimited 40 40 40 40 40 40 40 40 Unlimi ted Unlimi ted Unlimi ted Unlimi ted 40 Unlimited Unlimi ted Unlimited 40 40 Unlimi ted Unlimited 40 40 40 40 40 40 40 40 40 40 40 40 40 40 Unlimited 40 Unlimited Unlimi ted 40 Unlimited 40 , 40 40 40 Unlimited 40 40 40 Unlimited ORDINANCE NO. 6154 (Cont'd) Police Officer - Auxiliary Police Seigeant - Auxiliary Police Lieutenant - Auxiliary Production Superintendent Public Works Director .Recreation Superintendent treet Superintendent tores Supervisor Utility Worker I/Laborer Utility Worker II Water Superintendent Administrator II Custodian Engineer Aide II Engineer Aide III Groundman Lab Tech I Lab Tech II Line Crew Chief Lineman Apprentice Lineman 1st Class Lineman 2nd Class Maintenance Man/Operator Maintenance Man II Maintenance Man III Maintenance Man IV Maintenance Mechanic I Maintenance Mechanic II Meter Reader I Meter Reader II Meter Technician II Plant Operator I - Power Plant Operator II - Power Power Dispatcher I Power Dispatcher II Tech Storekeeper/Buyer Tree Trimmer Foreman Utility Worker II Wireman I Wireman II 25 23 22 17 7 9 22 3.44/hour 3.73/hour 4.10/hour 1300 - 1816 2100 - 2900 1182 - 1649 1126 - 1570 888 - 1238 557 - 769 611 - 847 1126 - 1570 IBEW BARGAINING UNIT 848 - 1182 597 - 776 700 - 976 808 - 1098 668 - 888 668 - 888 808 - 1127 1026 - 1428 700 - 976 976 - 1361 808 - 1127 735 - 1026 729 - 979 822 - 1119 900 - 1228 735 - 1026 900 - 1228 668 - 884 700 - 976 735 - 1026 808 - 1098 976 - 1361 808 - 1098 848 - 1150 808 - 1127 888 - 1238 632 - 822 808 - 1127 888 - 1238 AFSCME BARGAINING UNIT Administrator I Ambulance Attendant Custodian I Communications Operator Equipment Mechanic I Equipment Operator I Equipment Operator II Maintenance Man I Maintenance Man II ~ark Maintenance Man tili ty Worker I tili ty Worker II - 3 - 616 - 780 695 - 889 553 - 698 613 - 777 726 - 960 670 - 891 751 - 1017 616 - 780 698 - 919 616 - 780 573 - 722 613 - 777 40 Unlimited Unlimited Unlimi ted 40 40 40 Unlimited 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 56 40 40 40 40 40 40 40 40 40 40 ORDINANCE NO. 6154 (Cont'd) FIREFIGHTER BARGAINING UNIT tlirefighter ire Lieutenant ire Captain 717 - 1024 978 - 1171 1115 - 1292 56 56 56 POLICE BARGAINING UNIT Police Detective Police Officer Police Sergeant Police Lieutenant 801 - 1115 740 - 1053 1024 - 1171 1115 - 1292 40 40 40 40 SECTION 2. All full-time Firefighters, Police Officers, Ambulance Attendants and Parking Attendants shall be paid a clothing and uniform allowance which shall be paid quarterly, in addition to the regular salary to which such employees are entitled. The range of this allowance is $20-$30 per month. If any such Firefighter, Police Officer, Ambulance Attendant or Parking Attendant shall resign, or his or her employment terminated for any reason whatsoever, he or she shall be paid clothing allowance . - 4 - . . ORDIl\JANC:E NO. 6154 (Cont'd) on a pro-rata basis, but no allowance shall be made for a fraction of a month. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause or phrase thereof. SECTION 4. Ordinance No. 6106 and all other ordinances and parts of ordinances in conflict herewith, be, and the same are, hereby repealed. SECTION 5. The salary ranges set forth in this ordinance shall be effective for the pay of City employees as of August 1, 1977. SECTION 6. This ordinance shall be in full force and take effect from and after its passage and publication in pamphlet form by the City Clerk. Enacted JUL 111977 Council ATTEST: q~~ ity Clerk - 5 - ORDINANCE NO. 6155 An ordinance to amend Section 15-33 of the Grand Island City Code pertaining to Garbage, Refuse, Waste & Weeds; to amend the charges for . use of the city landfill for vehicles with a capacity of more than one ton; to repeal the original section; and to provide the effective date hereof. BE IT ORDAINED BY THE MAYOR .AJ.'ilD COUNCIL OF THE CITY OF GRAJ.'ilD ISLAJ.'ilD, :NEBRASKA : SECTION 1. That Section 15-33 of the Grand Island City Code be amended to read as follows: "Sec. 15-33. FEES - GENERALLY All persons who dispose of garbage, refuse, and waste materials at the city sanitary landfill shall pay to the city for such dumping privileges, for each load, an amount as follows: All automobiles - $1.50 per load; (a) (b) All pickups, trailers or trucks of one-half ton capacity or less - $3.00 per load; (c) All pickups, trailers or trucks with a capacity of one-half ton to one ton - $6.00 per load; (d) All pickUps, trailers or trucks with a capacity of more than one ton - $0.90 per cubic yard. Provided, that any or all of the fees set out in subsections (a), (b), (c), and (d) above may be waived by order of the city manager when, in the discretion of the city manager, 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 city manager to waive fees for garbage and refuse licensees under this chapter, disposing of garbage, refuse and waste materials for hire, at the city sanitary landfill in the normal course of their business." SECTION 2. That the original Section 15-33 as heretofore existing be, and the same is, hereby repealed. July 15, 1977, SECTION 3. This ordinance shall be in force and take effect/from and after its passage, approval, and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. . Enacted J UN 2 7 1977 ATTEST: f/tf/~ City Clerk LEGAL DE'ARTMENT - -- ORDINANCE NO. 6156 Being the annual appropriation ordinance of the City of Grand Island, Nebraska, allocating to the departments of such city the amount to be raised for taxation for all municipal purposes, including additional amounts to make . contributions to the Social Security Fund, to service bonded indebtedness and pay firemen's pensions and police and firemen's retirement and other city employee pensions for the ensuing fiscal year commencing on the first day of August 1977, and ending on the 31st day of July 1978, to provide severability; and to provide the effective date. BE rr ORDADJED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKll. : SECTION 1. GENERAL PURPOSE IEVY The amount of $2,446,284.00 to be raised by taxation, together vuth the unexpended balance of $617,558.00, and the total miscellaneous income of $2,913,449.00, is hereby appropriated for the ensuing fiscal year to defray all necessary expenses and liability of the city for the departments and operations of the city supported by the general all-purpose levy. The object and purpose of the appropriation shall be to pay salaries of officers and employees, to pay compensation for independent contractors, to pay for supplies, materials, equipment, capital items, real estate, personal property, maintenance, repairs, improvements, insurance, pensions, and judgments, and to pay for any and all other necessary expenses and liability for the following departments and operations of the city supported by the general all-purpose levy: ~ PROPERTY OTHER UNEXPENDED TOTAL TAXES REVENUE BALANCE 120 General None $871,562 $ 44,064 $915,626 122 Health $ 55,256 None 6,829 62,085 123 Sewer Maintenance 87,862 250 2,086 90,198 125 Sewer Plant 288,904 533,348 9,729 351,981 126 Storm Sewer None 10,000 241,000 251,000 127 Street and Alley 7,462 1,009,400 154,739 1,171,60:1 . 128 Landfill None 175,348 (6,208) 169,140 140 Band 2,037 None 1,863 3,900 141 Cemetery 58,431 47,200 None 105,631 143 Fire Department 629,480 10,500 7,397 647,377 144 Ambulance 17,475 65,683 4,500 87,658 ORDDIANCE NO. 6156 Page 2. ~ PROPERTY OTHER UNEXPENDED TOTAL TAXES REVENUE B.4..LANCE 145 Library $157,706 $ 44,140 $ 6,533 $208,379 . 146 Communications 93,738 27,800 2,175 123,713 150 Parks and Recreation 407,481 291,543 105,200 804,224 160 Police Department 539,566 212,760 27,332 779,658 209 Health Insurance 91,450 76,500 9,900 177,850 215 Life Insurance 7,185 14,415 None 21,600 142 Civil Defense 2,251 3,000 419 5,670 SECTION 2. ADDITIONAL LEVY The amount of $588,432.00 to be raised by taxation in addition to the general purpose levy, together with the unexpended balance of $2,261,866.00 and estimated miscellaneous revenue of $1,091,245.00 is hereby appropriated for the ensuing fiscal year to defray expenses of the additional authorized tax supported activities of the city. The object and purpose of this appropriation is to pay and account for salaries of pension personnel, principal and interest on authorized bonded indebtedness, payroll deductions, department transfers, social security payments to the federal government, employment security payments to state government, investments and other necessary and authorized expenses of the following: .EQB12 PROPERTY OTHER UNEXPENDED TOTAL TAXES REVENUE BALANCE 201 Various Purpose Bond $100,000 $434,000 $91~5, 125 $1,479,125 202 Firemen Pension 29,187 None 900 30, 087 203 Social Security 85,400 326,600 30,000 442,000 204 Employee Pension 28,000 175,000 11,000 214,000 205 Police Pension 32,745 67,745 547,800 648,290 206 Fire Retirement 73,000 65,700 554,000 692,700 210 Storm Sewer Bond 184,000 3,500 126,079 313,579 211 Library Bond 44,900 3,000 46,962 94,862 . 212 Employment Security 11,200 15,700 None 26,900 SECTION 3. REVENUE SHA.R.ING The estimated amount of $)84,332.00, being the unexpended balance of the Revenue Sharing Trust Fund 270, together with the amount of $372,250.00 estimated receipts from Federal Revenue Sharing allocations and interest earned on ORDINANCE NO. 6156 Page 3. investments, is hereby appropriated for the ensuing fiscal year for use in priority expenditure categories and such capital expenditures as are authorized . by federal law, pursuant to published statements required by Federal Revenue Sharing regulations. The object and purpose of the appropriation shall be to pay salaries, compensation for independent contractors, supplies, materials, equipment, capital items, maintenance, repairs, improvements, and any and all necessary expenditures authorized by Federal Revenue Sharing regulations for part of the following departments: 241 - Public Buildings, 244 - Storm Sewer Construction, 245 - street and Alley, 246 - Fire Department, 249 - Police Department. SECTION 4. COMMUNITY DEVELOPMENl' The estimated receipts of $1,372,069 as anticipated federal grants to the Community Development Fund 301 is hereby appropriated for the ensuing fiscal year for Community Development Program expenses. The object and purpose of the appropriation shall be to pay salaries, compensation to independent contractors, supplies, materials, equipment, maintenance, repairs, improvements, and any necessary expenditures authorized under federal regulation for Community Development programs. SECTION 5. PARKING Ftl1IDS The amount of $50,000.00 to be raised by taxation, together with $40,921.00 in miscellaneous revenue and an estimated $179,175.00 unexpended balance is hereby appropriated for the ensuing fiscal year to defray expenses of the various parking funds. The object and purpose of this appropriation is to pay salaries, compensation to independent contractors, supplies, materials, equipment, maintenance, repairs, improvements, debt service and any necessary expenses for public parking purposes. The specified ad valorem tax will be applied only to the Vehicular Off-Street Parking District created by Ordinance No. 5833. Parking Fund appropriations are as follows : ~ PROPERTY OTHER UNEXPENDED TOTAL . TAXES REVENUE BALANCE 307 Off-Street Parking None $ 21,020 $ 37,455 $ 58,475 308 Bond Fund $ 50,000 12,960 31,200 94,160 309 Bond Reserve None 6,940 19,600 26,540 ORDmANCE NO. 6156 Page 4. SECTION 6. TRUST AND MISCELLlUilEOUS FUNDS The amount of $294,070.00 in estimated miscellaneous revenue, together with $643,365 in unexpended balance is hereby appropriated for the ensuing fiscal . year to defray expenses of the various trust and miscellaneous funds specified herein. The object and purpose of this appropriation is to pay salaries, compensation to contractors, supplies, materials, equipment, repairs, maintenance, investments and necessary authorized expenditures of the following sundry funds: ~ PROPERTY OTHER UNEXPENDED TOT.lU, TAXES REVENUE BALANCE None $ 775 $ 10,000 $ 10,775 None 4,000 None 4,000 None 38,957 3,043 42,000 None 7,650 600 8,250 None 5,000 313,931 318,931 None 204,012 2,721 206,733 None 34,146 19,000 53,146 219 Abbott Trust 221 Special Deposit 207 Savings Bond 208 Sales Tax 305 Cemetery Care 306 City Shop 355 Traffic SECTION 7. ASSESSMENT FUNDS The $2,156,000 in estimated miscellaneous revenue in the paving and sewer assessment funds is hereby appropriated for the ensuing fiscal year. The objec~ and purpose of this appropriation is to pay compensation to independent contractors, supplies, materials, equipment, and other necessary expenses for paving :improvements and sanitary sewer extensions of the following funds: ~ PROPERTY OTHER UNEXPENDED TOTAL TAXES REVENUE BALANCE 601 Paving None ~~l, 705,000 None $1,705,000 602 Sewer None 451,000 None 451,000 SECTION 8. SEWER REVENUE FUNDS The $633,969.00 in estimated revenue and $810,671.00 in unexpended balance is hereby appropriated for the ensuing fiscal year for the various sanitary . sewer revenue funds specified herein. The object and purpose of this appropriation is to pay compensation of independent contractors, supplies, materials, equipment, repairs, maintenance, debt service, transfers and investments, and other authorized expenditures of the following sewer revenue funds: ORDINANCE NO. 6156 Page 5. ~ PROPERTY OTBER UNEXPENDED TOTAL T.A.XE<.;S REVENUE BALANCE 310 Sewer Revenue None $295,000 $ 14,800 $309,800 . 311 Sewer Bond None 177,802 478 178,280 180,000 180,000 312 Sewer Reserve None None 313 Sewer 0 & I~ None 10,207 483 10,690 314 Sewer Surplus None 150,960 614,910 765,870 SECTION 9. SEWER CONSTRUCTION FUNDS The sum of $8,692,000.00 being the estimated revenue, together with $127,000.00 in unexpended funds, in Sewer Construction Fund 340 is hereby appropriated for the ensuing fiscal year. The object and purpose of this appropriation is to pay construction cost and other authorized expenses in conjunction with expansion and improvement of sewer treatment facilities and relative systems. SECTION 10. UTILITY FUNDS That the sum of $3,031,709.00, being the unexpended balance in the Electric Department, and $58,597.00 in the Water Department, and that the estimated receipts in the sum of $14,000,000.00 from the sale of electricity; and that the estimated receipts in the sum of $881,000.00 from the sale of water, are hereby appropriated for the purpose of paying the expenses of the operation of the said departments, including salaries and all incidental expenses in connection with the operation, maintenance, repair, and enlargement of said department plants. The sum of $80,000,000.00 from the sale of bonds is hereby appropriated for the ensuing fiscal year for purpose of constructing a 100 KW Coal Fired Power Plant. SECTION 11. SPECIAL ASSISTANCE FUNDS There is hereby appropriated all money received during the ensuing fiscal . year from Hall County, Nebraska; the state of Nebraska; and the United States, as well as any grants or donations received for public purposes. Fund 216 State Assistance Fund and Fund 218 Federal Assistance Fund are established to receive and expend monies received for special economic programs. Funds will be expended in accordance with State and Federal regulations as directed by City Council. ORDINANCE NO. 6156 Page 6. SECTION 12. 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 13. This Ordinance shall be in force and take effect from and after its passage, approval, and publication as provided by law. Enacted J U L...ll..1977 ATrEST: RP/~~'<t#~ City Clerk ~71v:~ r/t , -- President of the Council . . . ORDrnANCE NO. 6157 An Ordinance specifying the amount required to be raised by taxation for municipal purposes, for bond service, for firemen's pensions, general employee pensions and for police and firemen's retirement; levying taxes in the City of Grand Island, Nebraska, for the fiscal year commencing on the first day of August 1977, and ending on the 31st day of July 1978, and providing for the certification and collection thereof. BE IT ORDAINED BY TEE MAYOR AND COUNCIL OF TEE CITY OF GRAND ISLAND, NEBRASKA : SECTION 1. That the amount required to be raised by taxation for all municipal purposes for the fiscal year commencing on the first day of August 1977, in lieu of the municipal levies authorized by the several statutes, is $2,446,284.00. In addition to the all-purpose levy, the following amounts are required to be raised by taxation as additional levies for the purposes stated: $100,000.00 to service and pay indebtedness on various purpose bonds; $184,000.00 to service and pay indebtedness on storm sewer bonds; $44,900.00 to service and pay indebtedness on Library Bonds; $29,187.00 to pay firemen's pensions; $32,745.00 to fund policemen's retirement; $73,000.00 to fund firemen's retirement; $28,000.00 to pay general employees pensions; $85,400.00 to fund city contributions to Social Security Fund; $11,200 to fund employment security; and $50,000.00 within the Vehicular Off-Street Parking District No. 1 created by Ordinance No. 5833 of the City for the purpose of providing off-street parking as provided by law. Such amounts shall be assessed upon the value of all the taxable property in the City of Grand Island, Nebraska, except intangible property, and such tax shall be collected in the manner provided by law. SECTION 2. 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 3. This Ordinance shall be in force and take effect from and after its passage, approval, and publication as provided by law. Enacted JUL 11 1977 1977. ATTEST: ~/ ity Clerk the Council - ORDINANCE NO. 6158 An ordinance to vacate the alley in Block 7 of Pleasant Hill Addition in the City of Grand Island, Nebraska; and to provide the effective date . of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the alley, being twelve (12) feet, or 3.658 meters, in width, having a length of fifty-five and one-tenth (55.1) feet, or 16.794 meters, more or less, being the mean length between the northerly line of vacated Ninth street and the south line of Eleventh Street, in Block Seven (7) of Pleasant Hill Addition, in the City of Grand Island, Nebraska, be, and the same is hereby vacated. SECTION 2. The foregoing vacated alley contains 661.2 square feet, more or less, all as shown on the attached plat dated 7/5/77, marked Exhibit "All attached hereto and incorporated herein by reference. SECTION 3. The title to the alley vacated by Section 1 of this ordinance shall revert to the owner or owners of the lots or lands abutting the same in proportion to the respective ownerships of such lots or lands. SECTION 4. That this ordinance, with the attached plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 5. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted JUL 11 1977 ATTEST: ~f4M~ -- . 1977 LEGAL DEPARTMENT e A... ~ r4 tJ: 9 6 N Q.."" V) 8 "7 12' II th -0 U) S7: - .0 l() ....J ~ Q:) 4 2 o\). ~ .', :"H @ CONVERSION: 1ft.- 0.3048 meter. . . . LEGEND ~\\\\\\~ l7////~ ~*~wx;:t.;.1 ... .... .' .: .' .t." PORTION OF STREET VA-CATED BV ORD. No.6i12 ON 6/21/77. PUBLIC UTILITV EASEMENT RESERVED. ALL EY VACATED. EXHIBIT IIAIl CITY OF GRAND ISLAND, NEBR. ENGINEERING DEPARTMENT. [_'~f5~: TO ACCOMPANY ORD.. NO.1 I SCALE:lu=50' D.L.J. 7/5/77.} . . ORDINANCE NO. 6159 An ordinance directing and autho~izing the conveyance of part of Fractional Block Sixteen (16), Lambert's Addition, and part of Fraction Block Seven (7), Evans Addition to the City of Grand Island, Nebraska; providing for the giving of notice of such conveyance and the terms thereof; pr,?viding 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: SECTIONl. The conveyance to Lewis Ward, a single man, of the following described property: Fractional Lot Three (3) in Fractional Block Sixteen (16) in John W. Lambert's Addition; the westerly 26.11 feet of Fractional Lot Three (3), and the easterly 39.8 feet of Fractional Lot Four (4), all in Fractional Block Seven (7), Evans Addition, all in the City of Grand Island, Hall County, Nebraska, is hereby authorized and directed. SECTION 2. The consideration for such conveyance shall be Nine Hundred Fifty Dollars ($950.00); conveyance of the real estate above described shall be by warranty deed, upon delivery of the consideration; and the City of Grand Island will furnish an abstract of title. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Daily Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the city clerk is hereby directed and instructed to prepare and pUblish such notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by legal electors of the City of Grand Island equal in number to thirty percent of the electors of the City of Grand Island voting at the last regular municipal election held in such City be filed with the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to the said LewisWard a warranty deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted JUL J 1 1977 ~/ C Y Clerk S TO. FORM 1977 LEGAL DEPARTMENT . . ORDINANCE NO. 6160 An ordinance directing and authorizing the conveyance of Lot Eight (8), in Block Seven (7) in Evans Addition to the City of Grand Island; providing for the giving of notice of such conveyance and the terms thereof; providing for the right to file a remonstrance against such conveyance; and providing the effective date hereof. BE IT ORDAINED BY THE MAYOR A1ID COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. llie conveyance to Delbert D llieasmeyer and. Lois A. llieasmeyer of Lot Eight (8), in Block Seven (7) in Evans Addition to the City of Grand Island, Nebraska, is hereby authorized and directed. SECTION 2. The consideration for such conveyance shall be Six Hundred Seventy-Five Dollars ($675.00); conveyance of the real estate above described shall be by warranty deed, upon delivery of the consideration; and the City of Grand Island will furnish an abstract of title. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Daily Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the city clerk is hereby directed and instructed to prepare and publish such notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by legal electors of the City of Grand Island equal in number to thirty percent of the electors of the City of Grand Island voting at the last regular municipal election held in such City be filed with the City Council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. llie conveyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to the said Delbert D. Theasmeyer and Lois A. Theasmeyer 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. lliis ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted JUL 1 1 1977 Council A=ST'#t'~~/ Cit Clerk - LEGAL DEPARTMENT 1" r I f "--";;;;_:,.:';:::~",,"':c'.::' _ ~;~"i<~'~~_ "__.__ ,,,_. "0 _'_:.__...;..:.o::,-,,~- .=~-,.. . . ORDINANCE NO. 6161 An ordinance directing and authorizing the conveyance of parts of Fractional Block 15, Lambert's Addition and Fractional Block 8, Evans Addition, in 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 COUNCn OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The conveyance to Lofgreen and DeFreece Builders of the following described property: Fractional Lots Five (5) and Six (6); all of Lot Seven (7) and Lot Eight (8), plus the westerly forty (40) feet of vacated Superior Street, as vacated by Ordinance No. 5995 enacted August 24, 1976, all in Fractional Block Fifteen (15), Lambert's Addition; and Fractional Lots Six (6), Seven (7), and Eight (8), in Fractional Block Eight (8), Evans Addition, all in the City of Grand Island, Hall County, Nebraska, is hereby authorized and directed. SECTION 2. The consideration for such conveyance shall be Four Thousand Three Hundred Seventy-five Dollars ($4,375.00). Conveyance of the real estate above described shall be by warranty deed, upon delivery of the consideration, and the City of Grand Island will furnish an abstract of title. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Daily Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ord- inance, 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 nulliber 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 ord- inance, 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 convey~lce, the mayor and city clerk shall make, execute, and deliver to the said Lofgreen and DeFreece Builders a warranty deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted J U L 1 1 1977. ATTEST: LEGAL DEPARTMENT ( f . . ORDINANCE NO. 6162 An ordinance creating Street Improvement District No. 926; defining the boundaries of the district; providing for the improvement of a street within the district by paving, curbing, guttering, and all incidental work in connection therewith; and to provide for an effective date of this ordinance. BE IT ORDAINED BY 'IRE MAYOR AND COUNCIL OF 'IRE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 926 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at a point 300 feet, or 91.44 meters, east of Piper Street, and 40 feet, or 12.192 meters, north of the south line of North Front street; thence running south on a line parallel to and 300 feet, or 91.44 meters, east of the east line of Piper Street for a distance of 1,282 feet, or 390.754 meters, more or less, to the south line of Section 17, Township 11 North, Range 9 West of the 6th P.M.; thence running west on the south line of Section 17, Township 11 North, Range 9 West of the 6th P.M., also being in Old Potash Highway, for a distance of 660 feet, or 201.168 meters, to a point 300 feet, or 91.44 meters, west of the west line of Piper Street; thence running north on a line 300 feet, or 91.44 meters, west of and parallel to the west line of Piper Street for a distance of 1,282 feet, or 390.754 meters, more or less, to a point 40 feet, or 12.192 meters, north of the soutn line of North Front street; thence running east on a line being 40 feet, or 1?192 meters, north of and parallel to tbe.south line of North Front Street for a distance of 660 feet, or 201.168 meters, to the point of beginning, all as shown on the plat marked Exhibit "A" atta.ched hereto and incorporated herein by reference. SECTION 3. The following street in the district, shall be improved by paving, curbing, guttering, and all incidental work in connection therewith: Piper Street from the existing paving in North Front Street to the existir~ paving in Old Potash Highway. Said improvements shall be made in accordance with plans and specificat:t.ons prepared by the engineer for the City, and approved by the ~1ayor and Council. SECTION 4. nle improvements shall be made at public cost, but the cost thereof, excluding intersections, shall be assessed upon the lots and lands in the district specially benefited as provided by law. SECTION 5. This ordinance shall be in force ~ld take effect from and after its passage, approval, and publication, without the plat, as provided by law. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 7. After pas€age, approval, and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Daily Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted JUL 1 1 1977 ?f~~~ of the Council ATTEST: ~ ~~ Ci~ -- LEGAL DEPARTMENT . I 16' EASEMENT - - --300' 313 CONVERS ION 1ft. = 0.3048 mete r. 9 8 7 = -0 o ~ ~ CC 60' ~ Q) o ~ MATCH LINE \'~. --~'\3001- - -- ~f(,(j. PAVING Olst NO. 926 SHEET I OF 2 EXHIBIT HAll CITY OF GRAND ISLAND. NEBR. ENGINEERING DEPARTMENT. PLAT TO ACCOMPANY. ORD. NQ.6162. I SCALE:I": 100. D.L.J. 7/7/77. e WARREN 9 o~ ,lOt t::J ~ · , I Ot. ~~. "" V) ~~. +1 !-- - - - -300'-- - - -- 60' + I C\J I =r:-----300---- - C\J CD I ~ MATCH CD ~ 313' C\J ~ LINE I .0 ~I 8 0 :! , ~161 EASEMENT I I I = I 7 = I I I I r I = I 6 : ~ I ~,~. I ,1 ,'\ I 0 t;~Cr ,.." 0 I 5 I 3 I SUB. ~ I C( I 10 Q: ~I 4 ~ r I , ~~ ~L~ TELE. :~:~M~N~ 60' - - - - 300' -- j '!- 300 ...., 10 OLD 10 10 -10 v~ .,. 10 ,10 "- 660 HWr/ -" 10 -10 -'{;POTASH -10 10 10 v LSOUTH LINE OF .-~ . CONVERSION 1ft. = 0.3048 meter SECTION 17, 1: II N., R. 9W. " '1 EX HI B IT II A II PAVING OIS1. NO. 926 SHEET 2 OF 2 CITY OF GRAND ISLAND, NEBR. ENGINEERING DEPARTMENT. I PLAT TO ACCOMPANY ORO. No.1 6162. I SCALE:I"=IOO' D.L.J. 1/7/11 ( . ~ a: f2 . ORDINANCE NO. 6163 An ordinance directing and authorizing the conveyance of part of vacated Holland Drive in the City of Grand Island, 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 GRAND ISLAND, NEBRASKA: SECTION 1. The conveyance to Key Investments, a limited partnership, at 3800 Tougalin Avenue, Lincoln, Nebraska, of the following described real estate: A tract of land comprising a part of vacated Holland Drive lying south of and adjacent to the south line of Lot Two (2) and Lot Three (3) in Mehring and Giesenhagen Second Subdivision in the City of Grand Island, Nebraska, more particularly described as follows: .- Z UJ :E I- 0:: <: Q.. UJ C ...J <: c.:l UJ ...J Beginning at the southwest corner of said Lot Three (3); thence running east on the north line of said vacated Holland Drive for a distance of one hundred seventy-eight and ninety-five hundredths (178.95) feet, or 54.558 meters; thence running southerly on the convex arc. of a curve whose radius is sixty (60) feet, or 18.288 meters, t.o a point thirty-five (35) feet, or 10.668 meters, perpendicular to and south of the north line of vacated Holland Drive; thence running west on a line thirty-five (35) feet, or 10.668 meters, south of and parallel to the north line of vacated Holland Drive, for a distance of one hundred seventy-six and five-tenths (176.5) feet, or 53.797 meters, more or less, to the west line of Mehring and Giesenhagen Second Subdivision; thence running north on the west line of Mehring and Giesenhagen Second Subdivision for a distance of thirty-five (35) feet, or 10.668 meters, to the point of beginning, containing a total of 6,164.5 square feet, or 572.682 square meters, more or less, as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference; is hereby authorized and directed. SECTION 2. The consideration for such conveyance shall be One Dollar ($1.00). Conveyance of such real estate above described shall be by quitclaim deed, upon delivery of the consid- eration, and the City of Grand Island shall not be required to furnish an abstract of title. SECTION 3. As provided by law, notice of such conveyance and terms thereof shall be published for three consecutive weeks in the Grand Island Daily Independent, a newspaper pub- lished for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the city clerk is hereby directed and instructed to prepare and publish such notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate, and if a remonstrance against such conveyance signed by legal electors of the City of Grand Island equal in number to thirty percent of the electors of the City of Grand Island voting at the last regular municipal election held in such City be filed with the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to Key Investments, a limited partnership, a quitclaim deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the city council. - I - . . ORDINANCE NO. 6163 (Cont'd) SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enac ted A Angm:d: 1977 ATTEST: c:::Pzf'~~4~ ~ty er . . ORDINANCE NO. 6164 An ordinance directing and authorizing the conveyance of part of vacated Holland Drive in the City of Grand Island, 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 GRAND ISLAND, NEBRASKA: SECTION 1. The conveyance to Key Investments, a limited partnership, at 3800 Tougalin Avenue, Lincoln, Nebraska, of the following described real estate: A tract of land comprising a part of vacated Holland Drive lying north of and adjacent to the north line of Lot Four (4) in Mehring and Giesenhagen Second Subdivision in the City of Grand Island, Nebraska, more particularly described as follows: l- Z w :E ~ <( 0.. uJ o ....I <( C) l.LI ....I Beginning at the northwest corner of said Lot Four (4); thence running north on the west line of Mehring and Giesenhagen Second Subdivision for a distance of thirty-five (35) feet, or 10.668 meters; thence running east on a line thirty-five (35) feet, or 10.669 meters, north of and parallel to the south line of vacated Holland Drive, for a distance of one hundred seventy-six and five-tenths (176.5) feet, or 53.797 meters, more or less, to a point on the arc of a curve whose radius is sixty (60) feet, or 18.288 meters; thence running southeasterly on the convex arc of said curve whose radius is sixty (60) feet or 18.288 meters, to the northeast corner of said Lot Four (4); thence running west on the south line of said vacated Holland Drive for a distance of two hundred (200) feet, or 60.96 meters, to the point of beginning, containing 6,499.9 square feet, or 603.841 square meters, more or less, as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference; is hereby authorized and directed. SECTION 7.. The consideration for such conveyance shall be One Dollar ($1.00). Conveyance of the real estate above described shall be by quitclaim deed upon delivery of the consideration and the City of Grand Island shall not be required to furnish an abstract of title. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Daily Independent, a newspaper pub- lished 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 instruction to prepare and publish such notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by legal electors of the City of Grand Island equal in number to thirty percent of the electors of the City of Grand Island voting at the last regular municipal election held in such City be filed with the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to Key Investments, a limited partnership, a quitclaim deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the city council. . . ORDINANCE NO. 6164 (Cont'd) SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted 8 August. 1977 ATTEST: 1f?~/8,~ ;~ l.ty er . 1'~ o I..... ~, - It) 'm - ~ .Q) ~ 9: it ~' 3 '100' .HOLLAND DRIVE ,\,11 , "'PT. OF BEGINNING e ~ o .~. CIj CONVERSION 1ft. =0.3048 meters ~ ~ ~ 178.951 176.5'% 2'00' '4 9;)- ~ ~ ~, ~ ~ ~ ~ 2 It) ", - It) ", 100' ,/ I " A....._ _ A ~ 21.051 -" CS) EXH I BIT"A" CITY OF GRAND ISLAND, NEBR. ENGINEERING DEPARTMENt I PLAT TO ACCOM"PANY... 0, RD. NO. 6164. , LSCAL~'I".= 301 D.l.d. " ll~$ rr~l ORDINANCE NO. 6165 An ordinance to amend Section 1 of Ordinance No. 6154 of the City of Grand Island, known as the Salary Ordinance for the fiscal year 1977/1978 by adding four classifications; to provide 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. Section 1 of Ordinance No. 6154 enacted July 11, 1977, is hereby amended by adding thereto the following classifi- cations: CLASS PAY GRADE RANGE HOURS Certified Senior Engineering Technician 20 $1026 - $1428 Unlimited Assistant Water Superin- ten dent 19 $ 977 - $1361 40 Hour Week 16 $ 847 - $1182 40 Hour Week 10 $ 642 g $ 888 40 Hour Week Equipment Mechanic II Park Maintenance Man SECTION 2. The salary ranges set forth in Section 1 shall be effective for the pay of City employees as of August 1, 1977, the same as Ordinance No. 6154. SECTION 3. 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 25 July 77 of the Council . ATTEST: ~~~/ City Clerk , OUL 20 1977 ~ LEGAL DEPARTMENT -- ORDINANCE NO. 6166 . An ordinance to amend Ordinance No. 5656 which created Street Improvement District No. 834, and Ordinance No. 5855 which amended Ordinance No. 5656; to provide for recording this ordinance; to repeal conflicting ordinances; and to provide the effective date of this ordinance. BE IT ORDAINED BY THE r.11\.Y0R AND COUNCIL OF Tr.lE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Section 1 of Ordinance No. 5855 be and hereby is amended to read as follows: "Section 1. That Section 2 of Ordinance No. 5656 is amended to read as follows: Section 2. The boundaries of the district shall be as follows: Beginning at the northeast corner of Section 28, Township 11 North, Range 9 West of the 6th P.M., Hall County, Ncbraska, being the intersection of Stolley Park Road and Locust Street; thence running south on the east line of said Section 28 in Locust street for a distance of 189 feet; thence deflecting right and running west on a line parallel to and 156 feet south of the south line of Stolley Park Road to the west line of Riverside Drive; thence deflecting left and running south on the west line of Riverside Drive to the south- east corner of Lot 1 in Hagges Subdivision; thence deflecting right and running west on the south line of Lot 1 through the south line of Lot 27 inclusive, in Hagges Subdivision, and its west prolongation to the west line of William Street; thence deflecting left and running south on the west line of William Street to a point 300 feet south of the south line of Stolley Park Road; thence deflecting right and running west on a line parallel to and 300 feet south of the south line of Stolley Park Road to the east line of Park View Subdivislon; thence deflecting right and running north on the east line of Park View Subdivision for a distance of 300 feet to the south line of Stolley Park Road, being 33 feet south of the north line of said Section 28; thence deflecting left and running west on the south line of Stolley Park Road to a line parallel to and 550 feet west of the south prolongation of the west line of Harrison Street, lying north of Stolley Park Road; thence deflecting right and rllUDing north on a line for a distance of 66 feet to the north line of Stolley Park Road; thence deflecting right and running east on the north line of Stolley Park, being 33 feet north of the north line of said Section 28 to the west line of Harrison Street; thence deflecting left and running north on the west line of Harrison Street to a point 300 feet north of the north line of Stolley Park Road; thence deflecting right and running east on a line parallel to and 300 feet north of the north line of Stolley Park Road to the east line of Spring Road; thence deflecting right and running south on the east line of Spring Road to a point 229.2 feet north of the north line of Stolley Park Road; thence deflecting left and rurming east on a line parallel to and 229.2 feet north of the north line of Stolley Park Road to the south prolon- gation of the east line of Post Road; thence deflecting left and running north on the south prolongation of the east line of Post Road and on the east line of Post Road to a point 300 feet north of the north line of Stolley Park Road; thence deflecting right and running east on a line parallel to and 300 feet norch of the north line of Stolley Park Read to the east line of Sylvan Street; thence deflecting right and running south on the east line of Sylvan Street to a point 72 feet north of the north line of Stolley Park Road; thence deflecting left and running east on a line parallel to and 72 feet north of the north line of Stolley Park Road to the south prolongation of the east line of Lincoln Avenue; thence deflecting left and running north on the south prolongation of the east line of Lincoln Avenue and on the east line of Lincoln Avenue to a point 239.25 feet north of the north line of Stolley Park Road; thence deflecting right and running east on a line parallel to and 239.25 feet north of the north line of Stolley Park Road for a distance of 264 feet to a point on the south prolongation of the west line of Eddy Street; thence deflecting right and rurming south on the south prolongation of the west line of Eddy Street to a point 212.25 feet north of the north line of Stolley Park Road; thence deflecting left and running east on a line parallel to and 212.25 feet north of the north line of Stolley Park Road for a distance of 66 feet to a point on the south prolongation of the east line of Eddy Street; thence deflecting left and rurming north on the south prolongation of the east line of Eddy Street to a point 300 feet north of the north line of Stolley Park Road; thence deflecting right and running east on a line parallel to and 300 feet north of the north line of original Stolley Park Rc:a.d for a distance of 294 feet to the east line of Section 21, Township 11 North, Range 9 West of the 6th P.M., Hall County, Nebraska; thence deflecting right and rurming southon the east line of said Section 21 in Locust Street to the place of beginning, all as shown on the plat marked Exhibit "A" attached hereto a.lld incorporated herein by reference. " SECTION 2. 'I'he following street in the district shall be improved by curbing, paving, guttering, not to exceed 46 feet in width, and all incidental work in connection therewith: . - 1 - . . ORDINANCE NO. 6166 (Cont'd) stolley Park Road from said Section line in Locust Street to a line 550 feet west of the west line of Harrison Street. SECTION 3. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 4. That the sections or subsections of Ordinances Nos. 5855 and 5656 in conflict herewith are hereby repealed. 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. Enacted 25 July 77 Council ~ V~~r - 2 - "- -', ~ , ...; 'v J . - -7~-~ __u_ . \ "- PIONEER BLVO. s GRc. ~IIF" ~ HI- ... l~ .... 'II I~" €.;. 11> If) Ie) ~...O ;:r: '" 'f.~ ~ S~0' P ~p, Sui, .... ~ "---1 I ... D'S oJ. / ~O()L- :v>n' "- 2 30d .. SG ,r.1'Ot-l - NO. - fP.~ ~ ... SLlB' - WII lAM ST, IIll ~ ~ 1$0.8 - - .... SPRING ROo - II) '--- ~ ~G-rO l'l - II) ZtlO ~ e-- ,.::C; 1M\ ~ - ~ ",fAG f .. \ ~ - - ~ Y29.2 ' ~ SU6. -.... to - - p() ~T RD (:) (:) \/4 ... '" - AVE - 1/4 S'/J. I 1,9 ~ ~ 300' ~ S.~. 2" - ?'(. Sf-G. ~ - - - - - j I/A 5 t:. . 'l . f---- s':fJ.~ ~ f"(. f---- ~ iC\ ltI AOAMS ST. ...-.... ~ <l:l 1\..9 '2.1 ' /" - ~ St:G. - .., ~ ~ SUv ~ - ::t: - - ~ .---- \5\}~~O -..' ... '" I.!l I~O.O!J 1\00' ----' 'nR I .,0 ~ GP,~I" . 1 ~ /66' SG~O ~\... c--- -~ ') ... - ~ ,...--- s: c,'" 300' i--~ -if~ ---- ~~ SYLVAN ST. ~. ...72 ... i ~ f-- ~ LINCOLN A~ r<<.~M ST._ ~ .c,. :..l ~i .--- ~ - ~[[ -...J .N- 2!i' ~ lj - f-- '~ I(' ~ ~ ~ r- r-- =t: '0 Q ~ If) - .-, r--' EDDY ~ -Li CQ - I fTTTl - 156' -,- 300' . ::: " "\t- O) ,28 2(\L l\j ~.,_.. 1 l' ..,. rHE CITY OF GRA ENGINEERING. I NO ISLAN~ NEBRASKA DEPARTMENT z BOUNDARY OF STREET DISTRICT NO. 834 IT. ~;'" AL L:".' ;": 400' . U': B. ~v,R Co 3/13/74 IMP /1{ ROJStfD' ;JUI.Y /~ 77 PcS Re:V/~Ef)'/UIIE.3 75 -j?t:.5. - e ORDINANCE NO. 6167 An ordinance directing and authorizing the conveyance of Lots 3 and 4 in Fractional Block Fourteen (14) in Evans Addition to the City of Grand Island, 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 l<lAYOR AND COUNCIL OF THE CITY OF GRAND IS1AN.O, NEBRASKA: SECTION 1. The conveyance to Robert Munoz and DarIa Munoz of the following described property: Lots Three (3) and Four (4) in Fractional Block Fourteen (14) in Evans Addition to the City of Grand Island, Ilebraska, is hereby authorized and directed. SECTION 2. The consideration for such conveyance shall be One Thousand Three Hundred Fifty Dollars ($1,350.00). Conveyance of the real estate above described shall be by warranty deed, upon delivery of the consideration, and the City of Grand Island will furnish an abstract of title. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Daily Independent, a newspaper published for general circulation in the City of Grand Island. ~~ediately 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 IsI~ld voting at the last regular municipal election held in such City be filed with the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to the said Robert Munoz and DarIa Munoz a warranty deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication wi thin fifteen days in one is sue of the Grand Is land Daily Independent, as provided by law. Enacted 25 July 77. AT~STW~~ ~ City Clerk --..-,. LEGAL DEPARTMENT . ORDINANCE NO. 6168 An ordinance to amend part of Article II of Chapter 12 of the Grand Island City Code pertaining to electricity, electric rates, and the manner of billing for electrical energy supplied; to provide for increases in all classes of electrical energy rates; to amend Sections 12-57, 12-60.1, 12-60.2, 12-62, 12-67, 12-75, 12-78, 12-79.2, 12-79.6, 12-81, 12-84, 12-90, 12-95, 12-96, 12-98 and 12-103 of the Grand Island City Code; to add thereto Sections 12-62.1, 12-97.1, 12-97.2, 12-99; to provide for severability and savings; to repeal conflicting ordinances; to provide for publication; and to provide for an effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Section 12-57 of the Grand Island City Code be amended to read as follows: "Sec. 12-57. RATE - 010 - Residential Liqhting Kilowatt hours used per month Rate per kilowatt hour First 100 KWH Next 200 KWH Next 300 KWH Next 400 KWH Over 1000 KWH Minimum - Net minimum charge per $0.057 .040 .035 .030 .027 month$2.50 SECTION 2. That Section 12-60.1 of the Grand Island Code be amended to read as follows: "Sec. 12-60.1 RATE - 020 - All Electric Home This schedule has two sets of rates, one for the summer period of five months beginning with the June billing,and the second of seven months beginning with the November billing. Kilowatt hours used per month Summer (June - October) Rate per kilowatt hour First 200 KWH $ 0.050 Next 400 KWH .035 Next 400 KWH .030 Over 1000 KWH .027 Minimum - Net minimum charge per month $8.00 Winter (November - May) First 200 KWH $ 0.050 Next 400 KWH .035 Next 400 KWH .030 Next 1000 KWH .026 Over 2000 KWH .024 Minimum - Net minimum charge per month $8.00 SECTION 3. That Section 12-60.2 of the Grand Island City Code be amended to I- Z 41 ~ I- a:: ~ w C -J <(' CJ 41 -J read as follows: "Sec. 12-60.2 RATES - 070 - Rural All Electric Home This schedule has two sets of rates, one for the summer period of five months beginning with the June billing, and the second for winter season of seven months beginning with the November billing. - 1 - ORDINANCE NO. 6168 Cont'd. . Summer (June - October) Kilowatt hours used per month Rate per kilowatt hour First 200 KWH $ Next 400 KWH Next 400 KWH Over 1000 KWH Minimum - Net minimum charge per month 0.060 .040 .035 .032 $9.00 " Winter (November - May) Kilowatt hours used per month Rate per kilowatt hour First 200 KWH $ Next 400 KWH Next 400 KWH Next 1000 KWH Over 2000 KWH Minimum - Net minimum charge per month 0.060 .040 .035 .030 .025 $9.00 " SECTION 4. That Section 12-62 of the Grand Island City Code be amended to read as follows: "Sec. 12-62. RATE - 030 - Commercial Lighting Kilowatt hours used per month Rate per kilowatt hour First 350 KWH Next 650 KWH Next 1500 KWH Next 2500 KWH Next 5000 KWH Over 10,000 KWH Minimum - The minimum charge shall be not less than $ 0.055 .045 .040 .035 .030 .027 $4.00 per month " SECTION 5. That Section 12-67 of the Grand Island City Code be amended to read as follows: "Sec. 12-67. RATE - 040 - Power Rate Kilowatt hours used per month Rate per kilowatt hour First 300 KWH Next 700 KWH Next 1500 KWH Next 2500 KWH Next 5000 KWH Next 10,000 KWH Over 20,000 KWH Minimum - The minimum charge shall be not less than $4.50 per month. For three phase service the minimum shall in no event be less than $1.65 per month per connected horsepower." $ 0.057 .038 .036 .034 .032 .029 .027 SECTION 6. That Section 12-75 of the Grand Island City Code be amended to read as follows: "Sec. 12-75. RATE - 060 - Rural Residential and Farm Kilowatt hours used per month Rate per kilowatt hour . First 100 KWH $ Next 200 KWH Next 300 KWH Next 400 KWH Over 1000 KWH Minimum - Net minimum charge per month 0.070 .047 .040 .035 .032 $4.50 " - 2 - ~), ORDINANCE NO. 6168 Cont'd. SECTION 7. That Section 12-78 of the Grand Island City Code be amended to . read as follows: "Sec. 12-78. RATE - 080 - Rural Irrigation Connection Charge Per connected horsepower or KVA per year, payable in advance and nonrefundable $ 7.00 Energy Charge The first 5,000 KWH used per year, per KWH Over 5000 KWH used per year, per KWH $ 0.044 per KNH .039 per KWH Minimum The m~n~mum charge shall be not less than $7.00 per year . per horsepower or KVA connected, but not less than $70.00. SECTION 8. That Section 12-79.2 of the Grand Island City Code be amended to read as follows: "Sec. 12-79.2. RATE - 090 - Rural Power Rate Kilowatt hours used per month Rate per kilowatt hour First 100 KWH Next 300 KWH Next 600 KWH Next 1000 KWH Next 3000 KWH Over 5000 KWH Minimum - The minimum horsepower connected, $ 0.080 .052 .046 .041 .036 .032 charge shall be $2.00 per month per but for not less than ten horsepower. SECTION 9. That Section 12-81 of the Grand Island City Code be amended to read as follows: "Sec. 12-81. RATE - 100 - Optional Power The first 50 KWH used per month, per KW of billing demand but not less than 2,000 KWH The next 50 KWH used per month, per KW of billing demand but not less than 2,000 KWH The next 20,000 KWH used per month The remaining KWH used per month $ 0.060 per KWH .032 per KWH .026 per KWH .016 per KWH SECTION 10. That Section 12-90 of the Grand Island City Code be amended to read as follows: "Sec. 12-90. RATE - 050 - General Commercial Kilowatt hourse used per month Rate per kilowatt hour First 500 KWH $ 0.056 Next 1,500 KWH .041 Next 3,000 KWH .038 Next 5,000 KWH .035 Next 10,000 KWH .031 Over 20,000 KWH .027 Minimum - The minimum charge shall be not less than $8.00 per month. The minimum shall in no event be less than $2.00 per month per connected horsepower." SECTION 11. That Section 12-95 of the Grand Island City Code be amended to read as follows: . - 3 - r r t ! I ORDINANCE NO. 6168 Cont'd. . "Sec. 12-95. RATE - 055 - Commercial All-Electric This schedule has two sets of rates, one for the summer period of five months beginning with the June billing, and the second for the winter season of seven months beginning with the November billing. Summer Kilowatt-hours used per month Rate per kilowatt hour First 500 KWH $ 0.056 Next 1,500 KWH .041 Next 3,000 KWH .038 Next 5,000 KWH .035 Next 10,000 KWH .031 Over 20,000 KWH .027 Winter Kilowatt hours used per month Rate per kilowatt hour First 500 KWH $ 0.056 Next 1,000 KWH .033 Next 2,500 KWH .027 Next 6,000 KWH .025 Over 10,000 KWH .024 Minimum - The minimum charge all year shall be not less than $8.00 per month. For three phase service, the minimum shall in no event be less than $2.00 per month per connected horsepower. '.' SECTION 12. That Section 12-103 of the Grand Island City Code be amended to read as follows: "Sec. 12-103. RATE - Area Flood Lighting For installation on an existing wood pole and connected to existing overhead secondary conductors on such pole, the monthly rate is as follows: 175 watt, 7.000 lumen mercury vapor luminaire per unit 400 watt, 20,000 lumen mercury vapor luminaire per unit $5.20 $8.75 Where an extension of overhead secondary facilities is required and where such extension is approved by the Electric Department, the net monthly rate shall be increased for each additional pole installed by $1.20 and for each additional span of secondary conductors installed by $0.90." SECTION 13. That Section 12-84 of the Grand Island City Code be amended to read as follows: "Sec. 12-84. MINIMUM The minimum monthly bill shall be not less than $160.00." SECTION 14. That Section 12-79.6 of the Grand Island City Code be amended to read as follows: "Sec. 12-79.6. GRAIN DRYER SERVICE ONLY The minimum bill shall be $2.00 per connected horsepower of KVA and not less than ten horsepower or KVA connected, for six months per year, or in the interest of the customer one half of the minimum for twelve months." . SECTION 15. That the Grand Island City Code be amended by adding thereto Section 12-62.1, to read as follows: "Sec. 12-62.1. DISCOUNTS For Primary Service If energy is metered on the primary side of the service, a 3% reduction will be made in the kilowatt hours billed. If user owns and - 4 - ORDINANCE NO. 6168 Cont'd. . maintains all necessary transformation equipment and structures, a 5% reduction will be made in the demand billed. These discounts, however, do not apply to the minimum stated." SECTION 16. That Division 13, Chapter 12, Section 12-96, 97, 98 be amended to read as follows: "Division 13. Rate Schedule 110 and 112 Interdepartmental Energy 1 and 2. "Sec. 12-96. Applicability The interdepartmental rates shall be applicable to departments or other subdivisions of the City for electric power according to the respective uses of energy for rates 1 and 2. "Sec. 12-97.1 Rates - Interdepartmental Energy 1. The demand per kilowatt of The energy $0.022 per KWH. charge for service under this rate shall be $3.00 per month the maximum thirty minute demand. charge for all energy supplied under this rate shall be "Sec. 12-97.2. Rates - Interdepartmental Energy 2. The energy charge for all energy supplied under this rate shall be $0.027 per kilowatt hour. "Sec. 12-98. Discounts for Primary Service. If energy is metered on the primary side of the reduction will be made in the kilowatt hours billed. and maintains all necessary transformation equipment 5% reduction will be made in the demand billed. service, a 3% If user owns and structures, a "Sec. 12-99. Rate - Street Lighting The demand charge for the monthly charge for various size lights, whether City or privately owned, shall be: Sueet Light Wattage Monthly Charge 175 Watts 400 Watts 1000 Watts $ $ 0.55 1.25 3.15 The energy charge shall be $ 0.022 per KWH." SECTION 17. That the original Sections 12-57, 12-60.1, 12-60.2, 12-62, 12-67, 12-75, 12-78, 12-79.2, 12-79.6, 12-81, 12-84, 12-90, 12-95, 12-96, 12-97, 12-98, and 12-103 as heretofore existing, as well as any other ordinance or ordinances in conflict herewith, be, and hereby are, repealed. SECTION 18. If any section, subsection, sentence, clause, or phrase, of this ordinance is, for any reason, held to be unconstitutional or invalid, such holding shall not affect the validity of the remaining portions of this ordinance, and upon any such declaration of invalidity, the original section, subsection, sentence, clause, or phrase, as heretofore existing, shall thereupon be automatically re- enacted and reinstated to have the same force and effect as if it had never been amended. . - 5 - ORDINANCE NO. 6168 Cont'd. . SECTION 19. This ordinance shall be in force and take effect from and after its passage, approval, and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law, and on October 1, 1977. Enacted 25 July 77 ATTEST: . . Council ~/&-~~z:" Ci ty C:a-k . - 6 - ORDINANCE NO. 6169 An Ordinance establishing a program of rate changes for the Electric Systems of the City of Grand Island, Nebraska; to provide the effective date hereof; and to provide for publication. . WHEREAS, the City of Grand Island, Nebraska, intends to issue its Electric System Revenue Bonds (the "Bonds") for the purpose of acquiring, constructing, reconstructing, improving, extending, equipping, and furnishing the Electric Systems of said City; and WHEREAS, in order pay the principal of, and premium, if any, and interest on the bonds, it will be necessary for the City to increase the revenues of the City's Electric System by changing the City's Electric rates; and WHEREAS, the City's consulting Engineers, Lutz, Dailey & Brain have assisted the City in determining what changes will be necessary in the City's electric rates. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: Section 1. The City of Grand Island, Nebraska, hereby adopts the following program of rate changes so that on tbe dates specified, the revenues received from the income derived from the increase of the Base Rates of the Electric System will be increased by the per cent indicated. Proqram of Rate Chanqes Effective Date October 1, 1977 August 1, 1978 August 1, 1979 August 1, 1980 Increase in income derived from the increase of the Base Rate 15% 15% 15% 15% Section 2. The specific changes necessary in the City's Electric rates to accomplish the program of rate changes to become . effective in years 1977 to 1980, inclusive, will be made by Ordinances adopted by the Council and Mayor which ordinances will be in full force and effect on the effective dates specified in Section 1 hereof. [EGAC DEPARTMENT Section 3. The Program of Rate Changes or any part thereof, need not be imposed or become effective to the extent that the Director of Utilit~es (or other Board, Department, or Officer administering the Electric System) advises the City, based on . a report of the City's Consulting Engineer, that such a Program of Rate Changes, or any part thereof, is not necessary to meet the requirements of any ordinance of the City of Grand Island, Nebraska, authorizing the issuance of any bonds payable from the revenues of the City's Electric System, which bonds are outstanding and unpaid under the terms of such ordinance. Section 4. This ordinance shall be in force and take effect from and after its passage, approval and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted 25 July 77 Council Attest: #x~~- City Clerk . . . ORDINANCE NO. 6170 /V:1 ordinance creating Sanitary Sewer District No. 432 in the City of Grand Island, Nebraska; defining the boundaries of the district; providing for the laying of a sanitary sewer main in said district; providing for plans and specifications and securing bids; providing for the assessment of special taxes for constructing such sewer and collection thereof; and providing for the effective date thereof. BE IT ORDAINED BY THE MAYOR AND COuNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Sanitary Sewer District No. 432 of the City of Grand Island, Nebraska, is hereby created for the laying of an eight (8) inch, or 20.32 centimeters, vitrified clay pipe, or polyvinal chloride plastic pipe, and appurtenances thereto. SECTION 2. The boundaries of such sanitary sewer district shall be as follows: r- 1- m f- Z IJ.J ~ I- a:: <C 0- IJ.J C .....I -< <.::l IJ.J ..... Beginning at the northeast corner of Lot 12 in Block One (1) of aide Mill Subdivision, being on the south line of Parkview Subdivision; thence running east on the south line of Parkview Subdivision for a distance of 230 feet, or 70.104 meters; thence running south on a line 130 feet, or 39.624 meters, east of the north prolongation and the east line of Olde Mill Subdivision for a distance of 850 feet, or 259.08 meters, to the east prolongation of the north line of Stage~ coach Road; thence running west on the east prolongation of the north line of Stagecoach Road, ~~d on the north line of Stagecoach Road for a distance of 5389.58 feet, or 179.704 meters, more or less, to the north prolongation of the east line of Lots 18 to 20 inclusive, of Block 4 of Olde Mill Subdivision; thence running south on the north prolongation of the east line of Lots 18 to 20 inclusive in Block 4 of Olde Mill Subdivision, for a distance of 395.9 feet, or 120.670 meters, to the southeast corner of Lot 18 in Block 4 of Olde Mill Subdivision; thence running west on the south line of Olde Mill Subdivision for a distance of 833 feet, or 253.898 meters, to the south~~st corner of Lot One (1) in Block 4 of Olde Mill Subdivision; thence running north on the east line of Blaine Street for a distance of 660.9 feet, or 201.442 meters, to the northwest corner of Lot One (1) in Block Three (3) of Olde Mill Subdivision; thence running east on the south line of Mill River Road and its east prolongation for a distance of 1,155 feet, or 352.044 meter8, t;:> the east line of Wagon Road; thence rurming north on the east line of Wagon Road for a distance of 385 feet, or 117.348 meters, to the northeast corner of the junction of Wagon Road with Millstone Road; thence running northeasterly on the northwesterly line of Lot 13 in Block One (1) of Olde Mill Subdivision for a distance of 126.16 feet, or 38.454 meters, to the north- westerly corner of Lot 13 in Block One (1) of Olde Mill Subdivision; thence running west on a north line of Lot Twelve (12) in Block One (1) of Olde Mill Subdivision for a distance of 50 feet, or 15.24 meters, to an east line of Lot Twelve (12) in Block One (1) of Olde Mill Subdivision; thence running north on the east line of Lot Twelve (12) in Block One (1) of Olde Mill SubdivisiJn for a distance of 100 feet, or 30.48 meters, to the northeast corner of Lot Twelve (12) in Block One (1) of Olde Mill Subdivision, being the point of beginning, all as shown on the attached plat marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the City who shall estimate the cost thereof, and submit the same to the city Council, and upon approval of the same, bids for the construction of such Sanitary Sewer shall be taken and contracts entered into in the manner provided by law. SECTION 4. 1be cost of construction of such improvements shall be assessed against the property within the district abutting upon the easements or other right-of-way within which such sanitary sewer main will be constructed within such sewerage district to the extent of benefits to such property by reason of such improve- ment, and a special tax shall be l~vied at one time to pay for such cost of construction as soon as can be ascertained, as provided by law; and, provided further, such special tax and assessments shall constitute a sinking fund for the payment of any bonds with interest issued for the purpose of paying the cost of such sewer in such district; such special assessments shall be paid and collected in a fund to be designated and known as the Sewer and Water Extension Fund, a.\1d, 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 . -1- . . ORDINANCE NO. 6170 (Cont'd) publication, without the plat, as provided by law. SECTION 6. '!his ordinance, with the plat, is hereby directed to be filed in the office of the Regis ter of Deeds of Hall County, Nebraska. 8 August 1977 Enacted , ATTEST: ~~ - 2 - ... . "'" \~~ '?~ ,?:f.~ '" r;'V tfQ. , SOUTH LINE OF PARKVIEW SUB.~ .... 230' .... 1 100 - 130 - . -0 .. Q lod I 6 <D 12 ~ f:. 50 ~ ((). !11 - . I ;-: 13 g en MILLSTONE ~,. ROAD '8 - t () 129.96' - - ~ t c:::s 0 <0 1 7 13 Cl:: (X) 130.99' C\I . ~ -If) : CD U \:;J (l) W 10 132.02 CJ) 26 20 14 0 16 (X) .. 133.06' 'lit ...... 0 - MILL RIVER 1155' ROAD , I'- 133.96' ~ ,.- ....' I 73 II II II II II II II " " '" " " " 73 = CJ) -If) 60' 134.87' If) ~ ~. IsE2 NI 7 = l1.. ~ ~ 13577' 0 - u\:.:9 C) .-= 16~ (:) - 136.67' JO 23 ~ 0.. 10 ~ .~~ 58' C\J ..... 130' r:273' " " " ,- " " " II " II II " " 73' ....,1 STAGECOACH -0 ~ 589.58' t ->t CD ROAD (1) 133' 145 -en =t 6C O'! 145 145 -(1) ~ (1) 145' -~ . O. (() 4 5 <D '-lltJ to 12 13 CD~ <D 20 IS) " (l) (l) ~ (l) (l) _~ ltJ co (l) "-....I ''I. ~~ CS(j I'- - iO. c:s t.J g;,. 10 'CJ)~' , 10 29.14' ai!~~:ri 30.11' -10 -(1) (l) 29.14~ llt~ m 30.11 (l) )-..,.lCl tJ~ In) co Lri ~ 127.79' (j\.)" 127.47'14 '\ 127.79' (:)~ \, 12747' (1) 49.63'--\f;"3;J.....49.26' ..., ~~<^.""'9.26' 10 : 7, ~ 10 _ 15. ~ 18 -CD ~" "~ ,,~-:J' 42.09 ~ 10 I ~0' 42.05 41 52' '(6'- , -0' ~, 175' -g 175' (l) 133' 175' ~ 175' J Ir--- ..... 833: A ~ BEGINNING , o 10 co -(1) o CD CD @) e ~r;~~ ~ ~<(;, <(~~~c; r;'V~'. CONVERSION 1ft. = 0.3048 meters EXHIBIT" A" SANIT ARYSEWER OIST. NO. 432 CITY OF GRAND ISLAND, NEBR. ENGINEER ING DEPARTMENT. PLAT TO ACCOMPANYORD.. ~J NO. 6170. LSCALE:I":200. <O.L.J. 7/29/77.} .~ . . ORDINANCE NO. 6171 An ordinance creating Water Main District No. 329 in the City of Grand Island, Nebraska; defining the boundaries of the district; providing for the laying of a water main in said district; providing for plans and specifications and securing bids; providing for the assessment of special taxes for constructing such water main; and providing the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COuNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Water Main District No. 329 in the City of Grand Island, Nebraska, is hereby created for the laying of a six inch, or 15.24 centimeters, water main in Stagecoach Road from the existing water main in Blaine Street to the east line of Olde Mill Subdivision, and in Stagecoach Circle and Stagecoach Place, both being cul-de-sac streets in 01de Mill Subdivision, from the south end of the cul-de-sac streets to the water main in Stagecoach Road. SECTION 2. The boundaries of such water main district shall be as follows: Beginning at the northeast corner of Lot 16 in Block 3 of Olde Mill Subdivision; thence running south on the west line of Wagon Road for a distance of 132.5 feet, or 40.386 meters, to the north line of Stagecoach Road; thence running east on the north line of Stagecoach Road for a distance of 197.58 feet, or 60.222 meters, to the east line of Olde Mill Subdivision; thence running south on the east line of aIde Mill Subdivision for a distance of 60 feet, or 18.288 meters, to the south line of Stagecoach Road; thence running west on the south line of Stagecoach Road for a distance of 459.58 feet, or 140.08 meters, more or less, to the northeast corner of Lot 20 in Block 4 of aIde Mill Subdivision; thence running south on the east line of Lot 18 to Lot 20 inclusive in Block 4 of aIde Mill Subdivision for a distance of 335.9 feet, or 102.382 meters, to the southeast corner of Lot 18 in Block 4 of aIde Mill Subdivision; thence running west on the south line of Olde Mill Subdivision for a distance of 833 feet, or 253.898 meters, to the southwest corner of Lot 1 in Block 4 of Olde Mill Subdivision; thence running north on the east line of Blaine Street for a distance of 335.9 feet, or 102.382 meters, to the south line of Stagecoach Road; thence running west on the west prolongation of the south line of Stagecoach Road for a distance of 80 feet, or 24.384 meters, to the "est line of Blaine Street; thence running north on the west line of Blaine Street for a distance of' 60 feet, or 18.288 meters, to the west prolongation of the north line of Stagecoach Road; thence running east on the west prolongation of the north line of Stagecoach Road for a distance of 80 feet, or 24.384 meters, to the east line of Blaine Street; thence running north on the east line of Blaine Street for a distance of 132.5 feet, or 40.386 meters, to the northwest corner of Lot 30 in Block 3 of Olde Mill Subdivision; thence running east on a line 132.5 feet, or 40.386 meters, north of and parallel to the northline of Stagecoach Road for a distance of 1,095 feet, or 333.756 meters, to the point of beginning, as shown on the plat marked Exhibit "A" attached hereto and incorporated hereby by reference. SECTION 3. Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the City who shall estimate the cost thereof, and submit the same to the City Council, and upon approval of the same, bids for the construction of such water main shall be taken and contracts entered into in the manner provided by law. SECTION 4. The cost of construction of such improvements shall be assessed against the property within such district abutting upon the streets wherein such water main has been so placed to the extent of benefits to such property, not to exceed the laying of a six-inch water main, by reason of such improvement, and a special tax shall be levied at one time to pay for such cost of construction as soon as can be ascertain; and such special tax and assessments shall constitute a sinking fund for the payment of any ~fe.rrants or bonds for the purpose of paying the cost of such water main in such district; and such special assessments shall be paid and collected either in a fund to be designated and known as the Sewer and Water Extension Fund for Water Main District No. 329, or the Water Surplus Fund. - 2 - LEGAL DEPARTMENT I ~ l r I , r. , , t . . ORDINANCE NO. 6171 (Cont'd) and publication, without the plat, as provided by law. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. Enacted 8 August 1977. ATTEST: t?~~~ Cl.ty Clerk - 2 - I f ! f e . d' 0' 3 1095' ~ 23 C\l !!? " " " II II II II II II 145 13 PT. OF BEGINNING 'J (~ ~ ~, CD ~ ~ 16 ~ 73' !!? II II II ~- ROAD 459.58 :!: CONVERSION , f1. · 0.3048 meters ~. ~ 21 EX H IBIT "A" ~ CITY OF GRAND ISLAND,NEBR. E.NGINEERING DEPARTMENT. I =~~:17l0 ACCOMPANY ORD.I J ,SCALE',"'. 200'D.Ll.112 9 (77.( WATER MA..,D'ST. NO. 329. ORDINANCE NO. 6172 . An ordinance creating Street Improvement District No. 925; defining the boundaries of the district; providing for the improvement of streets within the district by paving, curbing, guttering, and all incidental work in connection therewith; and to provide for an effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 925 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at a point on the east line of 01de Mill Subdivision and 300 feet, or 91. 44 meters, north of the north line of Stagecoach Road; thence running south on the east line of aIde Mill Subdivision for a distance of 660 feet, or 201.168 meters, to a point 300 feet, or 91.44 meters, south of the south line of Stagecoach Road; thence running west on a line 300 feet, or 91.44 meters, south of and parallel to the south line of Stagecoach Road for a distance of 339.2 feet, or 103.388 meters, more or less, to a point 125 feet, or 38.1 meters, east of the west line of Lot 21 in Block 4 of Olde Mill Subdivision; thence running south on a line 125 feet, or 38.1 meters, east of and parallel to the west line of Lot 21 in Block 4 of alde Mill Subdivision for a distance of 35.9 feet, or 10.942 meters, to the south line of alde Mill Subdivision; thence running west on the south line of Olde Mill Subdivision for a distance of 840 feet, or 256.032 meters, to the southwest corner of Lot One (1) in Block 4 of Olde Mill Subdivision; thence running north on the east line of Blaine Street for a distance of 289 feet, or 88.087 meters, to the northwest corner of Lot 4 in Block 4 of Olde Mill Subdivision; thence running west on the west prolongation of the south line of Stagecoach Road fora distance of 40 feet, or 12.192 meters, to the center line of Blaine Street right-of-way; thence running north on the center line of Blaine Street right-of-way for a distance of 60 feet, or 18.288 meters, to the west prolongation of the north line of Stagecoach Road; thence running east on the west prolongation of the north line of Stagecoach Road for a distance of 40 feet, or 12.192 meters, to the southwest corner of Lot 30 in Block 3 of Olde Mill Subdivision; thence running north on the east line of Blaine Street for a distance of 132.5 feet, or 40.386 meters, to the northwest corner of Lot 30 in Block 3 of Olde Mill Subdivision; thence running east on a line parallel to and 132.5 feet, or 40.386 meters, north of the north line of Stagecoach Road for a distance of 1,155 feet, or 352.044 meters, to the east line of Wagon Road; thence running north on the east line of Wagon Road for a distance of 160 feet, or 48.768 meters, to a point 20 feet, or 6.096 meters, north of the southwest corner of Lot 17 in Block One (1) of alde Mill Subdivision; thence running east on a line parallel to and 20 feet, or 6.096 meters, north of the south line of Lot 17 in Block One (1) of alde Mill Subdivision for a distance of 133.7 feet, or 40.752 meters, to the east line of Olde Mill Subdivision, being the point of beginning, all as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. The following streets in the district shall be improved by paving, curbing, guttering, and all incidental work in connection therewith: Stagecoach Road from the existing paving in Blaine Street to the east line of 01de Mill Subdivision, and Stagecoach Circle from Stagecoach Road to and around the cul-de-sac at the south end of Stagecoach Circle, and Stagecoach Place to around the cul-de-sac at the south end of Stagecoach Place. Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the City, and approved by the Mayor and Council. SECTION 4. The improvements shall be made at public cost, but the cost thereof, excluding intersections, shall be assessed upon the lots and lands in the district specially benefitted 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. - 1 - 4 l~i'I . LEGAL DEPARTMENT . . ORDINANCE NO. 6172 (Cont'd) SECTION 6. This ordinance, with the plat, is hereby directed.to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 7. After passage, approval, and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Daily Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted 8 August 197.7 ATTEST: /f~ 4t~d' l.ty C er . 40'40' PT. OF ~ 0 ..- ~,.. 115 · f ~ 30 24 @ (\J 40' ,.., ~ 73' " " " " " " 40' f O'! 133 f45 145 w 4 12 13 CD o W ~: ~ 135.77' I -0 o 136.67"" o 21 I"-- 137.58' ~ " " 16-~ ~ 73-: ~ RD. " 145 - 20 . 30.11' -~~. , (]l ,";;:J 127.47 ~_., 49.26' ,.., 21 /8 -w /6' w 41.52 ~6'J'- 175' 459.58 - 0 o w w w f o o ,.., ~ ~ 339.2 + ..., 35.9' CONVERSION 1 f1. = 0.3048meters ~ e' EXHIBIT II A II STR EET 'MPROV EMENT OIST. NO. 925. CITY OF GRANO ISLAND. NEB. ENGINEER"NG DEPARTMENT. 1 PLAT TO ACCOMPANY ORO. . NO. 6172. I SCALE:f"=200' D.l.~ /4/77. J . ',: ORDINANCE NO. 6173 An ordinance to amend Section 31-25 pertaining to costs of sidewalk or pavement cuts, openings or replacements; toe$'tablish insurance requirements for independent contractors; to repeal the original section; and to provide the effective date hereof. :!: 0:: o IJ.. o BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Section 31-25 of the Grand Island City Code is amended to read as follows: "Sec. 31-25. CHARGES FOR CUTS, OPENINGS AND REPLACEMENTS The City will, after the person or corporation receives the permit, do the following work at the charges set forth, except in the case of public utility corporations or city-owned utility departments as heretofore provided. (a) For each linear foot of sidewalk or pavement cut (sawed), whether bituminous or concrete........... ........... ......... .... ..$ 1.25 (b) Replacement for each square foot of four (4) inch concrete sidewa1k..................................................$ 0.75 (c) Replacement for each square foot of five (5) inch concrete sidewalks or driveways................................... $ 0.95 (d) Replacement for each square yard of six (6) inch concrete pavement................................................. $13.00 (e) Replacement for each square yard of one (1) inch additional thickness over six (6) inch concrete pavement. ... ...... $ 2.00 (f) Replacement for each square yard of brick pavement including six (6) inch concrete base.............................. $14.50 (g) Replacement for each square yard.of brick pavement with asphaltic surface course.......... .... ......... ...... ........ $18.00 (h) Replacement for each square yard of bituminous surfaced pavenlent with a concrete base..... ............ ..... ..~... $16.00 (i) Replacement for each square yard of bituminous surfaced pavement without a concrete base........... ......... ..... ......... $12.00 The money collected for the above charges shall be credited to the Street, Alley and Paving Fund. In lieu of the city performing any of the above services, the procurer of permit may perform such owrk on city right-of-way abutting his property only, or he may employ an independent contractor, as approved by the city engineer, who shall not commence work until he has obtained insurance with limits not less than herein- after set out, namely: (a) Workman's Compensation Insurance in compliance with the laws of the State of Nebraska, and Employees Liability Insurance. (b) Public Liability and Property Damage Insurance covering such independent contractor with limits as follows: I- Z w :E l- e:: c:( 0- W o -I c:( o W ..l (1) Where work is to be performed in Business A, Business B, or Industrial District with limits of not less than $25,000 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 (2) Where work is to be performed in Residence A or Residence B District with limits of not less than $5,000 each person; $10,000 for more than one person for each occurrence for bodily injury and death; and property damage limits of not less than $5,000; and, in any instance, in such additional amounts as specified and required by the city engineer when authorizing the work. (c) Automobile liability insurance with limits of $10,000 each person, and $20,000 each accident for bodily injury or death; and $5,000 each accident for property damage, or such additional amounts as specified by the city engineer when authorizing the work." - 1 - . . ORDINANCE NO. 6173 (Cont'd) SECTION 2. That the original Section 31-25 of the Grand Island City Code as heretofore existing, is hereby repealed. SECTION 3. That this ordinance shall be in full force and effect from and after its passage, approval, publication as provided by law, and on September 1, 1977. Enacted 8 August 1977 ATTEST: / ~ty er Z Counci ORDINANCE NO. 6174 An Ordinance to amend Section 20-90 of the Grand Island City Code pertaining to direction and speeds in alleys in the . congested district; to provide penalties; to repeal the original section; and to provide the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Section 20-90 of the Grand Island City Code is amended to read as follows: "Sec. 20-90. SPEED IN ALLEYS No vehicles shall be operated in any alley at a rate of speed greater than 10 miles per hour." SECTION 2. Any person violating any provision of this ordinance shall be subject to the penalties provided in Section 1-7 of the Grand Island City Code. SECTION 3. That the original Section 20-90, as heretofore exisQng, is hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and after its passage, approval, and publication as provided by law. Enacted 8 August 1977 ATTEST: ao~~~.~-, City Clerk . 1 18( I LEGAL DEPARTMENT . :;: . ORDINANCE NO. 6175 An ordinance assessing and levying a special tax to pay the cost of construction of Water Main District No. 328 of the City of Grand Island, Nebraska; providing for the collection of such special tax; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances, in conflict herewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION i. 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. 328, as adjudged by the Mayor and Council of said City, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands as follows: NAME LOT I 2 3 4 5 6 6 1 10 1 1 BLK ADDITION AMOUNT Brach's First $888.66 " 1,009.18 " 758.70 Brach's Second 891.47 " 969.01 " 968.19 Kay Dee 912.69 Kay Dee 1,143.54 Kay Dee 1,143.54 L K 666.23 LK Second 742.23 I- Z ILl :E I- 0: ~ 0- ILl o -I ~ C) l.JJ -I Delbert M. and Marian M. Brown Shirley H. Adams John A. and Marilyn L. Albers John A. and Marilyn L. Albers Esther L. Larsen Jackson J. and Carrie A. Bence Michael S. and Claudia O'Neill Katherine M. Hindman Maybelle A. Stoltenberg Larry L. and Kathryn A. Schroeder Loren E. and Ruth B. Imes 7 3 3 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 per cent per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of nine per cent per annum shall be paid thereon, until the same is collected and paid. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Sewer and Water Extension Fund" for Water Main District No. 328. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage, approval, and publication within fifteen days in one issue of the Grand Island Daily Indepen- dent, as provided by law. Enacted 8August 77 ATTEST~ ~ -.'~ .-' loty Cer ORDINANCE NO. 6176 . An ordinance to amend Section 31-6.1 of the Grand Island City Code pertaining to low overhanging foliage over street right-of-way; to repeal the original Section 31-6.1; to provide a penalty; 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 31-6.1 of the Grand Island City Code be amended to read as follows: "Sec. 31-6.1. LIMBS, ETC., PROJECTING INTO STREET, ETC. - RIGHT FOOT CLEARANCE ABOVE SIDEWALK OR STREET REQUIRED It is hereby declared unlawful for any property owner or any lessee or occupant of any property to permit the limbs, branches or foliage of any tree or shrub upon such property to project into or extend over any street, lane or sidewalk in such manner that there shall be a clearance of less than fourteen feet between the surface of such street, lane, or sidewalk and such limbs, branches, or foliage." SECTION 2. That the original Section 31-6.1 as heretofore existing, be, and the same is, hereby repealed. SECTION 3. Any person violating the provisions of this ordinance shall upon conviction be deemed guilty of a misdemeanor and be punished as provided in Section 1-7 of the Grand Island City Code. SECTION 4. This ordinance shall be in force and take effect from and after its passage, approval, and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted 8 August 1977 the Counci ATTEST: ~X pQ~""('~1< L" - . TO FORM 4 1S1li _ LEGAL DEPARTMENT l - City of Grand Island, Nebraska ORDINANCE NO. 6177 AUTHORIZING ELECTRIC SYSTEM REVENUE BONDS, 1977 SERIES TABLE OF CONTENTS Recitals PAGE Ordinance No. 6177 ............................... 1 ARTICLE I CERTAIN DEFINITIONS; COMPUTATIONS; CERTIFICATES AND OPINIONS; ACTION By CITY SECTION 1.1. Definitions of Particular Words and Terms. . . . . . . . . . . . 2 SECTION 1.2. Definitions of General Words and Terms... . ... . . . ... 12 SECTION 1.3. Computations ..................................... 12 SECTION 1.4. Certificates and Opinions ........................... 13 SECTION 1.5. Action by the City; Evidence Thereof ................ 13 ARTICLE II AUTHORIZATION AND ISSUANCE OF BONDS SECTION 2.1. SECTION 2.2. SECTION 2.3. SECTION 2.4. SECTION 2.5. SECTION 2.6. SECTION 2.7. SECTION 2.8. SECTION 2.9. SECTION 2.10. Authorization of Bonds; Security.................... 14 Authorization of 1977 Bonds. .. . . . . .. . . . . . . . . . . . .. . . 16 Redemption of 1977 Bonds ......................... 18 Authorization of Bonds Other Than 1977 Bonds..... . 18 Authorization of Completion Bonds .................. 19 Authorization of Additional Bonds Other Than Comple- tion Bonds ..................................... 20 Authorization of Additional Bonds for Refunding Purposes ....................................... 25 Covenant Against Issuing Prior or Parity Obligations . . . 25 Junior Lien or Inferior Obligations Not Prohibited. . . . . 26 Separate System Bonds .., . . . . . . . . . . . . . . . . . . . . . . . . . . 27 ARTICLE III GENERAL TERMS AND PROVISIONS OF BONDS SECTION 3.1. Execution, Authentication and Payment of Bonds...... 27 SECTION 3.2. Bonds are Negotiable Instruments . . . . . . . . . . . . . . . . . . . . 28 SECTION 3.3. Registration Books; Registration of Coupon Bonds as to Principal Only .................................. 29 SECTION 3.4. Transfer of Registered Bonds ....................... 30 SECTION 3.5. Exchange of Bonds. .. ........ ........ ............ . 30 Hi PAGE SECTION 6.3. Resignation of Trustee ............................. 53 SECTION 6.4. Appointment of Paying Agents; Each Paying Agent to Hold Money in Trust ............................ 53 SECTION 6.5. Action by ,Trustee in Payment of Bonds . . . . . . . . . . . . . . . 54 SECTION 6.6, Duties and Obligations of Trustee ................... 54 SECTION 6.7. Evidence on Which Trustee and Paying Agents May Act 55 SECTION 6.8. When Trustee Not Required to Act....... ........... 55 SECTION 6.9. Compensation of Trustee and Paying Agents .......... 55 SECTION 6.10. No Liability of Trustee for Correctness of Recitals ... 56 SECTION 6.11. Rights of Trustee to Deal in Bonds and Any Other Obligations of the' City ........................... 56 ARTICLE VII COVENANTS TO SECURE BONDS " SECTION 7.1. Compliance with Original Ordinances; Amendments Thereof; Incurring of Debt Thereunder; Payments into Sinking Fund Accounts and Reserve Accounts Thereunder ..................................... SECTION 7.2. Minimum Yearly Expenditure for Capital Improvements SECTION 7.3. Rate Covenant.................................... SECTION 7.4. To Pay Bonds and Coupons Punctually ............... SECTION 7.5. Creation of Liens. ........ .... ......... ..... ....... SECTION 7.6. Sale, Lease or Other Disposition of Properties of the Electric System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SECTION .7.7.' Maintenance of Electric System in Good Condition. . . . . SECTION 7;8. Payment of Taxes and Other Claims................. SECTION 7.9. Insurance......................................... SECTION 7.10. To Make Only Economically Sound Improvements; Adequate Staff .................................. SECTION 7.11. Books of Account ................................. SECTION 7.12. Design or Construction Engineer. . . .. .. .. ..... .. . '" SECTION 7.13. Consulting Engineer ............................... SECTION 7.14. To Maintain Franchises and Other Rights. . . . . . . . . . . . SECTION 7.15. Employees' Fidelity Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . SECTION 7.16. Not to Render Free Service. . . ......... ............. SECTION 7.17. Transfer of Possession or Control of the Electric System SECTION 7.18. Further Assuran~es ................................ SECTION 7.19. Arbitrage Provision ................................ 57 58 59 60 60 61 64 64 64 65 66 67 67 69 69 69 70 71 72 :v PAGE ARTICLE XI FORMS OF BONDS AND COUPONS SECTION 11.1. Forms of Bonds and Coupons... .... . . .. .. .. .. .... . . 93 ARTICLE XII MISCELLANEOUS; DEFEASANCE SECTION 12.1. Ordinance and Laws a Contract with Bondholders. .. . . . 106 SECTION 12.2. Bonds No Longer Deemed Outstanding Hereunder. ., . . 106 SECTION 12.3. Moneys Held by Paying Agents Five Years After Due Date ........................................... 109 SECTION 12.4. Benefits of Ordinance Limited to City, Bondholders, Trus- tees and Paying Agents........... ........ .. .. ., .. 109 SECTION 12.5. Term "City" Includes Successors ........... . . . . . . . . . . 110 SECTION 12.6. Notices........................................... 110 SECTION 12.7. Effect of Saturdays, Sundays and Legal Holidays. .. .. . 111 SECTIO'N 12.8. Severability.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 SECTION 12.9. Effective Date of Ordinance........ . . . . . .. .... .. ., . . 111 SECTION 12.10. Article and Section Headings; Table of Contents. .... . . 111 SECTION 12.11. Repealer.......................................... 111 SECTION 12.12. Publication........................................ 111 ORDINANCE NO. ",.., AN o.RDINANCE AUTHo.RIZING ELECT'RIC SYSTEM REVE- NUE Bo.NDS o.F THE CITY o.F GR,AND ISLAND, NEBRASKA, Fo.R THE PURPo.SE o.F ACQUIRING, Co.NSTRUCTING, RECo.N- STRUCTING, IMPRo.VING, EXTENDING, EQUIPPING AND FURNISHING THE ELECTRIC SYSTEM o.F SAID CITY; AU- THORIZING AND DIRECTING THE ISSUANOE OF $50,000,000 PRINCIPAL AMo.UNT o.F ELECTRIC SYS~[1EM REVENUE Bo.NDS, 1977 SERIES, Fo.R SAID PURPo.SE; PROVIDING Fo.R THE USE o.F THE PRo.CEEDS o.F SAID Bo.NDS; COVENANT- ING AS TO. THE ESTABLISHMENT, MAINTENANCE, REVI- SIo.N AND Co.LLECTION OF CHARGES AND RATES Fo.R ~[1HE USE AND SERVICES o.F SAID ELECTRIC SYSTEM AND PRO- VlDING Fo.RTHE Co.LL'ECTION, SEGREGATIo.N AND APPLI- CATIo.N o.F r:rHE REVENUES o.F SAID ELECTRIC SYSTEM; LIMITING THE PAYMENT o.F THE PRINCIPAL AND INTER- EST o.N SAID Bo.NDS So.LEL Y TO. THE REVENUES o.F SAID ELECr:rroc SYSTEM AND PLEDGING SAID REVENUES TO. SUCH PAYMENTS; CREATING CERTAIN FUNDS; PRESCRIB- ING THE Fo.RM AND DETAILS o.F SAID Bo.NDS; SETTING Fo.RTH THE Co.NDrrIo.NS Fo.R THE ISSUANCE o.F ADDI- TIo.NAL RiEVENUE Bo.NDS; AND MAKING CERTAIN Co.VE- NANTS AND AGREEMENTS IN Co.NNECTIo.N WITH THE Fo.REGo.ING. . WHEREAS, the City of Grand Island, Nebraska, a municipal corpo- ration (the "City"), now owns and operates its Electric System (as herein defined), and it is necessary and in the interests of the City and its inhabitants that said Electric System be extended and enlarged by acquiring, constructing, reconstructing, improving, extending, equipping and furnishing, said extensions and enlargements to include additional major electric generation facilities; and WHEREAS, the City has heretofore authorized and is,sued and there a.l'~ outstanding as of this date two issues of electric revenue bonds 3 by the sum of the bond years of such Bonds (the bond years with r-espect to each $1,000 principal amount of Bonds being the number of years from the date thereof to the maturity thereof, either at their stated maturity or in accordance with any schedule of manda- tory sinking fund installments provided therefor), -expressed as a percentage, without regard to the discount or premium, if any, on the principal amount of such Bonds specified in the purchase price for said Bonds paid to the City by the initial purchasers th-ereof. (c) "Bond" or "Bonds" shall mean any Bond, some of the Bonds or all of the Bonds at any time Outstanding issued under and pursuant to this Ordinance, including the 1977 Bonds and any Additional Bonds. (d) "Bond Fund" shall mean the Electric System Revenue Bond Fund created by S-ection 5.1 of this Ordinance. ( e) "Bondholder" or "holder of a Bond" shall mean any person who shall be the bearer of any Bond not then registered, or the registered own-er of any Bond which at the time shall be registered other than to bearer, or his duly authorized attorney in fact, representative or assigns. (f) "Capital Improvement Fund" shall mean the Capital Im- provement Fund created by Section 5.1 of this Ordinance. (g) "Construction Engineer" when used with reference to a Facility shall mean the design or construction engineer or engi- neering firm or corporation at the time retained by the City pur- suant to Section 7.12 of this Ordinance to perform the acts and carry out the duties provided for such Construction Engineer in this Ordinance. (h) "Construction Fund" shall mean the Construction Fund created by Section 5.4 of this Ordinance. (i) "Consulting Engineer" shall mean the engineer or engi- neering firm or corporation retained by the City from time to time pursuant to Section 7.13 hereof to perform the acts and carry out the duties provided for such Consulting Engineer in this Or- dinance. (j) "Costs of Construction" shall mean all costs paid or in- curred by the City in connection with acquiring, constructing, re- constructing, improving, extending, equipping and furnishing the 5 Construction Engineer thereof, or, if there be no Construction En- gineer for such Facility, by the Consulting Engineer. (1) "Debt Service Account" shall mean the Debt Service Ac- count in the Bond Fund created by Section 5.1 of this Ordinance. (m) "Debt Service Requirement" shall mean with respect to all the Original Bonds and the Bonds, or the Original Bonds or the Bonds, or the 1977 Bonds, or a series of Additional Bonds, or any particular amount of any such Original Bonds or Bonds, as the case may be, the total as of any particular date of computation and for any particular Fiscal Year or period of (i) the amount required pursuant to the provisions of the Original Ordinances to be paid or set aside into the Sinking Fund Accounts for Original Bonds to provide ror the payment or the principal or and interest on' such Original Bonds and (ii) the amounts required pursuant to the provisions of Sections 5.2 or 5.3 hereof to be paid or set aside during such year into the Debt Service Account created by Section 5.1 in the Bond Fund to provide for the retirement of, and payment of interest on, such Bonds, less the amount of such interest for which payment is provided from the proceeds of sale of Bonds or from sources other than Revenues. (n) "Depreciation and Emergency Reserve Account" shall mean the "Electric Plant Depreciation and Emergency Reserve Account" created by Section 9 of Ordinance No. 3169, ratified and confirmed by Ordinance Nos. 3715, 4333, and 4693 and continued by this Ordinance. (0) "Electric Revenue Fund" shall mean the "Electric Revenue Fund" created by Section 8 of Ordinance No. 3169, ratified and confirmed by Ordinance Nos. 3715, 4333 and 4693, and continued by this Ordinance. (p) "Electric System" shall mean all properties and assets, real and personal and tangible and intangible, or the City, now or hereafter existing, used for or pertaining to the generation, trans- mission and distribution and sale of electric power and energy. Without limiting the generality of the foregoing, the term "Electric System" shall include (i) all Facilities owned by the City on the date or passage or this Ordinance; (ii) all Facilities acquired or constructed by the City after the passage of this Ordinance; and (iii) all additions, extensions, enlargements and improvements here- after made to any of the assets or properties referred to in clauses 7 invested therein: (i) direct obligations of, or obligations the prin- cipal of and interest on which are unconditionally guaranteed by, the United States .of America; (ii) bonds, debentures, notes, par- ticipation certificates or other evidences of indebtedness issued by the Bank for Cooperatives, the Federal Intermediate Credit Bank, the Federal Home Loan Bank System, the Export-Import Bank of the United States, Federal Land Banks, the Federal National Mortgage Association, or the Government National Mortgage Associa tion; (iii) Public Housing Bonds, or Project Notes, fully secured by contracts with the United States; (iv) full faith and credit general obligation bonds of any state of the United States of America which are rated by a nationally recognized bond rating agency in one of the two highest rating categories assigned by such rating agency; (v) negotiable or non-negotiable bank time deposits evidenced by certificates of deposit issued hy banks, trus't companies or national banking associations (which may include the Trustee) which are members of the Federal Deposit Insurance Corporation; provided, that either (A) such time deposits are in a bank, trust company or national banking association located in Nebraska and do not exceed at anyone time in the aggregate twenty- five percent (25%) of the total of the capital stock and surplus of such bank, trust company or national banking association, and such bank, trust company or national banking association has a combined capital and surplus of at least five million dollars ($5,000,000), or (B) such time deposits are in a bank, trust company or national banking association 10c3Jted elsewhere than in Nebraska and do not exceed at anyone time in the aggregate ten percent (10%) of the total of the capital stock and surplus of such bank, trust company or national banking association and such bank, trust company or national banking association has a combined capital and surplus of at least fifty million dollars ($50,000,000), or (C) such time deposits are continuously secured by obligations described in clauses (i), (ii) or Ciii) of this definition, and such obligations at all times have a market value (exclusive of accrued interest) at least equal to the amount of such time deposits so secured, including interest; provided, that if the applicable laws of Nebraska shall then so require, obligations securing a time deposit shall be lodged by the bank, trust company or banking asso- ciation in which such deposit is made with another responsible bank, trust company or national banking association; and (vi) repurchase agreements with banks (which may include the 9 cate otherwise, shall include all Series Ordinances and Supple- mental Ordinances. (aa) "Original Bonds" shall mean the "Original Bonds" as defined in the recitals to this Ordinance. (bb) "Original Ordinances" shall mean Ordinance Nos. 3169, 3715, 4333 and 4693 adopted by the City. (cc) "Outstanding" when used with reference to Bonds shall mean, as of any date, Bonds theretofore or thereupon issued pur- suant to this Ordinanc€, except: (i) Any Bonds cancelled by the Trustee or paid at or prior to such date; (ii) Bonds in lieu .of or in substitution for which other Bonds shall have been delivered pursuant to this Ordinance; and (iii) Bonds fully discharged and satisfied as provided in Section 12.2 of this Ordinance. "Outstanding" when used with reference to Original Bonds shall mean, as of any date, the Original Bonds theretofore issued pursuant to the Original Ordinanc€s, except: (i) Original Bonds theretofore paid 'by the City at or prior to such date; (ii) Original Bonds in lieu of or in substitution for which other Original Bonds shall have been delivered pursuant to the Original Ordinances; and (Hi) Original Bonds the payment .of the principal of and interest on which has been made or provided for in compliance with the Original Ordinances authorizing the issuance of such Original Bonds and which are not deemed to be outstanding pursuant to the Original Ordinances. (dd) "Paying Agent" shall mean the respective paying agent or paying agents appointed by the City pursuant to Section 6.4 of this Ordinance for a series of Bonds, and their successors, if any, as such paying agents. ( ee) "Program of Ra t€ Changes" shall mean a schedule of rate changes set forth in, or adopted by the City in an ordinance or 11 moneys held in funds under the Original Ordinances or the Ordi- nance; (iii) the earnings on and the income from the investment of other moneys derived from the ownership or operation of the Elec- tric System to the extent that such earnings and income are allocated by.or pursuant to law to the Electric System; (iv) from and after the time no Original Bonds issued under the Original Ordinances shall be Outstanding, the proceeds derived by the City directly or indirectly from the sale, lease or other disposition of all or any part of the Electric System, and the proceeds of insurance and condemnation awards received with respect to the Electric System; and (v) any other moneys of the City which are required by the provisions hereof to be applied to the payment of Bonds; provided, however, that Revenues shall not include (A) customers' deposits or any other deposits subject to refund, until such deposits have become the property of the City, (B) earnings on and income derived from the investment of moneys or Government Obliga- tions (as defined in Section 12.2 hereof) being held irrevocably for the retirement of indebtedness 'Of the Electric System, or (G) moneys deposited with the City by employees for employee benefit purposes. (jj) "Series Ordinance" shall mean an ordinance adopted here- under providing for the issuance of a series .of Bonds (other than the 1977 Bonds). (kk) "Sinking Fund Accounts for Original Bonds" shall mean the "Bond and Interest Sinking Fund Account for Electric Rev- enue Bonds dated January 15, 1967" created by Section 9 of Ordi- nance No. 4333 and the "Bond and Interest Sinking Fund Account for Electric Revenue Bonds dated May 1, 1969" created by Section 9 of Ordinance No. 4693. (II) "Supplemental Ordinance" shall mean any ordinance amending or supplementing this Ordinance, as originally adopted, adopted under and pursuant to Section 8.1 or Section 8.2 of this Ordinance. (mm) "Surplus Account" shall mean the "Electric Plant Sur- plus Account" created by Section 9 of Ordinance No. 3169, ratified and confirmed by Ordinance Nos. 3715, 4333 and 4693 and con- tinued by this Ordinance. (nn) "Trustee" shall mean the trustee appointed pursuant to Section 6.2 of this Ordinance, and its successor or successors and any other corporation which may at any time be substituted in its place pursuant to this Ordinance. 13 all Bonds and Original Bonds shall be paid as and when the same become due; (b) all sinking fund installments required by the Ordinance or any Series Ordinance to be deposited into the Debt Service Account in the Bond Fund shall be made in the amounts and at the times required by the Ordinance or such Series Ordinance; and (c) all Bonds required by the Ordinance or such Series Ordinance providing for their issuance to be redeemed from sinking fund installments, to be deposited into the Debt Service Account in the Bond Fund shall be redeemed on the respec- tive sinking fund installment dates thereror in the amounts and at the times as required by the Ordinance or such Series Ordinance. SECTION 1.4. Certificates and Opinions. Except as may other- wise be specifically provided in the Ordinance, each certificate, opinion or letter with respect to compliance with a condition or covenant pro- vided for in the Ordinance shall include: (a) a br~ef statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (b) a statement that, in the opinion of the person making such certifi- cate or opinion, he has made such examination and investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (c) a statement as to whether or not, in the opinion of such person, such condition or covenant has been complied with. SECTION 1.5. Action by the City,. Evidence Thereof. Whenever the Ordinance requires or permits action to be taken by the City, such action may be taken by the governing body of the City, or by such member of the governing body of the City, or by such officer or em- ployee of the City or the governing body of the City, or by such board, or by such member, director, officer or employee of a board, as at the time is authorized to take such action, or to whom at the time is ap- pointed or delegated the responsibility for taking such action, by the Constitution or statutes of Nebraska or by an ordinance, resolution or regulation of the City. Whenever in tIle Ordinance any officer, director, member, board, agency, commission, department, governmental unit or body is defined 15 nues which are hereby pledged in this Ordinance to the payment thereof ,subject, so long as any of the Original Bonds are Outstanding, to a prior charge and lien on such Revenues for the payment of the Original Bonds and payments required to be made to the Operation and Maintenance Account, the Sinking Fund Accounts for Original Bonds, the Reserve Aecounts for Original Bonds, the Depreciation and Emergency Reserve Account and the Surplus Account established pur- suant to the Original Ordinances, and, from and after the time that no Original Bonds shall be Outstanding, subject to the charge on Revenues for the payment of Operating Expenses. All the Bonds shall be equally and ratably s'8cured without priority by reason of series, number, date of Bonds, date of issuance, date of sale, date of execution or date of delivery or otherwise, by a li'8n and charge on Revenues, which lien shall constitute a prior lien on Revenues subject, so long as any of the Original Bonds are Outstanding, to a prior lien on Revenues for the payment of the Original Bonds and pay- ments required to be made to the Operation and Maintenance Account, the Sinking Fund AccOlmts for Original Bonds, the Reserve Accounts for Original Bonds, the Depreciation and Emergency Reserve Account and the Surplus Account established pursuant to the Original Ordi- nances, and, from and after the time that no Original Bonds shall be Outstanding, subject to the charge on Revenues for the payment of Operating Expenses. The covenants and agreements herein set forth to be performed by the City shall be for the equal and proportionate benefit, security and protection of all holders of the Bonds and interest coupons without preference, priority or distinction as to payment or security or other- wise (except as to maturity and sinking fund installments which may be established for the Bonds of any series authorized hereunder) of any of the Bonds or interest coupons over any of the others by reason of series, date, number, date of execution, time of issue, sale or negotiation thereof or otherwise for any cause whatsoever, except as expressly provided therein or herein, and all Bonds shall rank pari passu and shall be secured equally and ratably without discrimination or prefer- ence whatsoever. 17 stated maturity thereof or as otherwise herein provided, said principal sum shall bear interest at the rate of seven and one-tenth percent (7.10%) per annum from default until the said principal sum is paid in full. If default should be made in the payment of interest when the same shall become due and payable as herein provided, the amount of such interest payment shall bear interest at the rate of seven and one- tenth percent (7.10%) per annum from default until the payment in full of said amount of interest. The 1977 Bonds maturing in the year 2012 shall be retired by sink- ing fund installments which shall be accumulated in the Debt Service Account in the Bond Fund (hereinafter created and established in Section 5.1 hereof) in amounts sufficient to redeem on September 1 of each year, at a redemption price equal to the principal amount of the Bond or Bonds to be redeemed, together with interest accrued thereon to the date fixed for redemption, the principal amount of such 1977 Bonds specified for each of the years shown helow: Year Principal Amount Year Principal Amount 1998 .m........___.......$1,465,000 1999 ....................n 1,555,000 2000 n.n.......m....... 1,655,000 2001 __........___.....__00 1,755,000 2002 ..__._____............ 1,865,000 2003 .............00___00.. 1,985,000 2004 m.....n.n......... 2,110,000 2005 00................___. 2,245,000 The 1977 Bonds shall be issued either in coupon form (hereinafter called "1977 Coupon Bonds"), in the denomination of $5,000, registrable as to principal only, or in the form of fully registered bonds (herein- after called "1977 Registered Bonds"), in the denomination of $5,000 or any integral multiple of $5,000, or a combination of both forms, and may contain such variations, omissions and insertions as are incidental to such differences of denomination and forms, including variations in the provisions for the registration and transfer of said Bonds. The 1977 Coupon Bonds shall be dated and bear interest from September 1, 1977. The 1977 Registered Bonds initially issued shall he dated September 1, 1977. The 1977 Registered Bonds issued upon ex- changes and transfers of 1977 Registered Bonds and upon exchanges 2006 ....--...---.m.m..$2,385,000 2007 ..........m._....... 2,535,000 2008 n.._...__.....nm.. 2,695,000 2009 ..mn.._........._n 2,865,000 2010 nmn.._..........n 3,045,000 2011 nn.n.n..nmn... 3,235,000 2012 ...........__....___.. 3,440,000 principal and interest, at such I shall be prescribed in the Series thereof. The Series Ordinance a of Bonds may also provide tha redeemable prior to their respe<: City at such time or times and Ul City may prescribe. Unless or , Series Ordinance providing forth series shall be issued either in cou the 1977 Coupon Bonds, called "e of $5,000, registrable as to prin registered bonds (hereinafter, tog~ called "Registered Bonds") of 1 integral multiple of $5,000 or a CO] Bonds issued upon exchanges ane upon exchanges of Coupon Bonds provided shall be dated so that ll( from such exchange or transfer. interest from the date thereof. Thp. ~1-'1"io~ {)~;]~-- F ii PAGE SECTION 3.6. Disposition of Bonds Surrendered on Exchange or Transfer; Charges for Exchange and Transfer. ..... 31 SECTION 3.7. Payment of Bonds and Interest . . . . . . . . . . . . . . . . . . . . . . 32 SECTION 3.8. Lost, Stolen, Destroyed or Mutilated Bonds. . . . . . . . .. . 32 SECTION 3.9. Limitations on Duty of City and Registrar to Register, Exchange or Transfer Bonds . . . . . . . . . . . . . . . . . . . . . . 33 SECTION 3.10. Destruction of Bonds on Payment, Exchange or Transfer 33 SECTION 3.11. Temporary Bonds ................................. 34 SECTION 4.1. SECTION 4.2. SECTION 4.3. SECTION 4.4. SECTION 4.5. ARTICLE IV REDEMPTION OF BONDS Time of Redemption ............................... 35 Selection of Bonds for Redemption .................. 35 Notice of Redemption... . .... ....... . . .. .. ... . .. ... 36 Payment of Redeemed Bonds; When Interest on Bonds Called for Redemption Ceases to Accrue ............ 37 Redeemed Bonds Not to be Reissued ................. 38 ARTICLE V CONTINUATION AND CREATION OF SPECIAL FUNDS AND ACCOUNTS AND PAYMENTS THEREFROM; DISPOSITION OF BON;!) PROCEEDS; INVESTMENTS Electric Revenue Fund; Accounts Under Original Ordin- ances; Creation of Bond Fund and Accounts Therein and Capital Improvement Fund ................... 39 Application of Revenues While Original Bonds are Outstanding .................................... 40 Application of Revenues When Original Bonds are No Longer Outstanding .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Creation of Construction Fund ...................... 49 Disposition of Bond Proceeds ....................... 50 Investment of Funds ............................... 50 SECTION 5.1. SECTION 5.2. SECTION 5.3. SECTION 5.4. SECTION 5.5. SECTION 5.6. ~ ARTICLE VI DEPOSITARIES; ApPOINTMENT, QUALIFICATION, RESIGNATION, RENEWAL, POWERS, DUTIES AND LIABILITIES OF TRUSTEE AND PAYING AGENTS SECTION 6.1. Depositaries....................................... 52 SECTION 6.2. Trustee........................................... 52 iv ARTICLE VIII SUPPLEMENTAL ORDINANCES PAGE SECTION 8.1. Adoption of Supplemental Ordinances Without Consent of Bondholders .................................. 72 SECTION 8.2. Amendments of Ordinance with Consent of Bondholders. 74 SECTION 8.3. Consent of Fiduciaries to Certain Amendments. ....... 74 ARTICLE IX DEFAULTS AND REMEDIES . SECTION 9.1. Events of Default....... .. .. ..... . .. .. .... .. .. ..... 74 SECTION 9.2. Inspection of City's Books and Records........... .. . . 76 SECTION 9.3. Acceleration of Maturity; Payment of Funds to Trustee; Application of Revenues .......................... 76 SECTION 9.4. Suits at Law or in Equity; Direction of Actions by Bond- holders; Possession of Electric System; Receivership 78 SECTION 9.5. Suits by Individual Bondholders; Bondholders' Committee 81 SECTION 9.6. Remedies Not Exclusive ............................ 83 SECTION 9.7. Waivers of Default ................................ 83 SECTION 9.8. Waiver of Extension Laws . . . . . . . . . . . . . . . . . . . . . . . . . . 83 SECTION 9.9. Notice of Events of Default. . . . . . . . . . . . . . . . . . . . . . . . . 84 ARTICLE X AMENDMENTS AND BONDHOLDERS' MEETINGS SECTION 10.1. Bondholders' Meetings ............................. SECTION 10.2. Notices to Bondholders ............................. SECTION 10.3. Proof of Ownership of Bonds; Proxies; Execution of Instruments by Bondholders ....................... SECTION 10.4. Officers of Bondholders' Meetings ....... . . . . . . . . . . . . . SECTION 10.5. Quorum at Bondholders' Meetings ................... SECTION 10.6. Vote Required to Amend Ordinance ................. SECTION 10.7. Obtaining Approval of Amendments at Bondholders' Meetings ....................................... SECTION 10.8. Alternate Method of Obtaining Approval of Amendments of Ordinance .................................... SECTION 10.9. Amendments with Approval of All Bondholders . . . . . . . . SECTION 10.10. Exclusion of Bonds Owned by City .................. SECTION 10.11. Endorsement of Amendments on Bonds ............... 84 85 85 87 88 88 . ~ 89 A 90 92 92 92 . 2 aggregating the principal amount of $9,580,000, consisting of an issue of Electric Revenue Bonds, Series of 1967, dated January 15, 1967, in the outstanding principal amount of $1,200,000 authorized by Ordi- nance No. 4333, and an issue of Electric Revenue Bonds, Series of 1969, dated May 1, 1969, in the outstanding principal amount of $8,380,000 authorized by Ordinance No. 4693 (the bonds issued under said ordi- nances being referred to herein as the "Original Bonds"); and WHEREAS, the Bonds herein authorized will be junior and subordi- nate to said Original Bonds as provided herein. BE IT ORDAINED BY THE lVIA YOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: ARTICLE I CERTAIN DEFINITIONS; COMPUTATIONS; CERTIFICATES AND OPINIONS; ACTION BY CITY. SECTION 1.1. Definitions of Particular Words and Terms. Unless the context shall clearly indicate some other meaning or may otherwise require, the words and terms defined in this Section shall, for all pur- poses of the Ordinance and of any ordinance or resolution amendatory hereof or supplemental hereto and of any certificate, opinion, order, diroction, instrument or document herein or therein mentioned, have the respective meanings specified in this Section, and such definitions shall be equally applicable to both the singular and plural forms of any word or term defined and vice versa. (a.) "Additional Bonds" shall mean any Bonds authorized and issu'ed pursuant to Sections 2.5, 2.6 and 2.7 of this Ordinance, pay- able from Revenues pari passu with the 1977 Bonds. (b) "Average Interest Rate" when used withref€rence to any Bonds shall mean the aggregate amount of interest payable on such Bonds from their date to the date of maturity thereof, either at their stated maturity, or in accordance with any schedule of mandatory sinking fund installments provided therefor, divided 4 Electric System, including, without limiting the generality of the foregoing, paying or reimbursing the cost of surveys, investiga- tions, engineering and other fees and expenses properly incurred therefor; obligations incurred for labor and materials and to con- tractors, builders and materialmen in connection therewith; the cost of machinery and equipment; paying the cost of restoring or relocating property either damaged or destroyed in connection with acquiring, constructing, reconstructing, improving, extending, equipping and furnishing the Electric System, or of removing and relocating structures and clearing lands; the cost of acquiring by purchase or condemnation such lands, property, rights, rights of way, franchises, easements or other interests as may be deemed necessary or convenient by the City for acquiring, constructing, reconstructing, improving, extending, equipping and furnishing the Electric System; paying the interest on the series or series of Bonds issued to pay said Costs of Construction, until land not later than six months after the Date of Commercial Operation of the Facility being acquired, constructed, reconstructed, improved, extended, equipped or furnished; paying into the Bond Fund for credit to the Reserve Account therein from the proceeds of said Bonds all or a portion of the amount or amounts required to make the amount therein equal to the Reserve Account Requirement; the cost of engineering services rendered in connection with acquiring, constructing, reconstructing, improving, extending, equipping and furnishing the Electric System and the issuance of Bonds therefor; paying or reimbursing the City or any fund for expenses of the City incident and properly allocable to acquiring, constructing, reconstructing, improving, extending, equipping and furnishing the Electric System and placing the same in operation; paying legal, financing and accounting expenses and fees, costs of printing and of preparing and issuing the Bonds therefor, and all other items of expenses incident and properly allocable to acquiring, construct- ing, reconstructing, improving, extending, equipping and furnish- ing the Electric System and placing the same in operation, in- cluding allowance.s for working capital required to place in opera- tion the Facility being acquired, constructed, reconstructed, improved, extended, equipped or furnished. (k) "Date of Commercial Operation" and words of like import when used with reference to a Facility paid for out of the proceeds of Bonds shall mean the date upon which such Facility is first ready for normal continued operation as determined by the 6 (i) and (ii) preceding in this definition; provided, that, where the City is a co-owner "with another person of an asset or property, only the City's ownership share of such asset or property, or of any addition, extension and improvement of the asset or property, so co-owned shall be included in the Electric System hereunder; provided further, that after the Original Bonds are no longer Out- standing, the Electric System hereunder shall not include any fa- cilities for the generation, transmission and distribution of electric power and energy constructed or acquired by the City as a separate utility system with the proceeds of sale of bonds or other evidences of indebtedness (other than Bonds) which, after the Original Bonds are no longer Outstanding, shall be payable solely from the rev- enues or other income derived from the ownership or operation of such separate utility system. (q) "Facility" shall mean all properties and assets of the City used for the genemtion, transmission and distribution and sale of electric power and energy. Without limiting the generality of the foregoing, the term "Facility" shall mean and include (i) generating facilities and related transmission, fuel and water facilities, including the City's co-ownership share in any such facility owned in part by the City and in part by another person, firm, corporation or other entity; (ii) transmission flacilities used to transmit electric power and energy to the distribution facili- ties included in the Electric 'System or used to connect with gen- erating plants and stations or used to connect with other such transmission lines; (iii) distribution facilities used to distribute electric power and energy to the ultimate consumers thereof; (iv) related fuel or water resources or transportation facilities of or pertaining to the generation and related transmission of power and energy; and (v) initial working' capital or initial fuel or supply reserves or increases in such reserves. (1') "Fiscal Year" shall mean the fiscal year of the Electric System as established from time to time. (s) "Independent Accountant" shall mean the firm of inde- pendent certified public accountants retained by the City pursuant to Section 7.11 hereof. (t) "Investment Securities" shall mean any of the following which at the time are legal investments under the laws of the State of Nebraska for the moneys held hereunder then proposed to be 8 Trustee) which are members of the Federal Deposit Insurance Corporation, the underlying securities of which are obligations described in clauses (i), (ii) or (iii) of this definition. (u) "Net Receipts" shall mean Operating Revenues, plus funds transferred to the Electric Rev'€lnue Fund pursuant to Sec- tion 11 of the Original Ordinances, and earnings on the investment of moneys held in the Bond F'und and in the Capital Improvement Fund, less Operating Expenses and any amounts required to meet the Deht Service Requirement for the Original Bonds. (v) "1977 Bonds" shall mean the El'€lctric System Revenue Bonds, 1977 Series, issued pursuant to Section 2.2 of this Ordi- nance. (w) "Operating Expenses" shall mean the costs and expenses of operating and maintaining the Electric System, including, with- out limiting the generality of the foregoing, (i) all expenses includ- able in the operation and maintenance expense accounts accord- ing to the Uniform System of Accounts, exclusive of depreciation and amortization of property values or property losses and ad- vance fuel payments if the same shall then be includable in the operation and maintenance expense accounts according to the Uniform System of Accounts, and (ii) to the extent not included in the preceding clause, the City's share of the Operating Expenses (as heretofore defined in this subsection) of any electric plants and properties co-owned with others. (x) "Operating Rev'€lllues" shall mean Revenues less (i) the earnings on the investment of all moneys held in funds under the Original Ordinances and this Ordinance, (ii) insurance proceeds or condemnation awards, and (iii) any other receipt constituting Rev- '€luues hereunder which would not constitute "Utility Operating Income" as determined in accordance with the Uniform System of Accounts. (y) "Operation and Maintenance Account" shall mean the "Operation and Maintenance Account" created by Section 9 of Ordi- nance No. 3169, ratified and confirmed by Ordinance Nos. 3715, 4333 and 4693 and continued by this Ordinance. (z) "Ordinance", "this Ordinance" or "the Ordinance" shall mean this Ordinance as the same may be amended and supple- ment'€ld from time to time, and unless the context shall clearly indi- 10 resolution acknowledging the intent of the City to effect the rate changes specified therein at the times specified therein; provided, that (i) such schedule need not reflect changes in rates of partic- ular classes of customers of the Electric System ( such as resi- dential or commercial), but may simply set forth an acknowledg- ment or commitment to change rates so that by the times specified in such schedule percentage changes in Revenues will be accom- plished; and (ii) such changes need not be imposed or become effective to the extent that the Director of Utility Operations (01' other board, department or officer administering the Electric System) advises the City, based on a report of the Consulting Engineer, that such changes in the rates are not required to meet the provisions of Section 7.3 hereof, and, if any additional Bonds are required to pay a portion of the Costs of Construction of any Facility for which Bonds are being or have been issued, to produce the debt service coverage which would then be required for the issuance of Additional Bonds pursuant to Section 2.6 hereof. (ff) "H,eserve Account" shall mean the Reserve Account in the Bond Fund created by Section 5.1 of this Ordinance. (gg) "Reserve Accounts for Original Bonds" shall mean the "Reserve Account for Electric Revenue Bonds dated January 15, 1967" created by Se.ction 9 of Ordinance No. 4333 and the "Reserve Account for Electric Revenue Bonds dated May 1, 1969" created by Section 9 of Ordinance No. 4693. (hh) "Reserve Account Requirement" shall mean, as of any date of calculation, an amount equal to the maximum amount re- quired to be paid into the Debt Service Account in the Bond Fund (hereinafter created) from Revenues in any Fiscal Year commenc- ing with the current Fiscal Year to provide for the payment of the principal of (including sinking fund installments) and the interest on the Bonds then Outstanding. (ii) "Revenues" shall mean and include all income, earnings, fees, charges, receipts, profits and other moneys derived by the City ~rom its ownership or operation of the Electric System, including, without limiting the. generality of the foregoing, (i) all income, fees, charges, receipts, profits and other moneys derived from the sale, furnishing or supplying of the services, facilities, commodities and electric energy, power and steam of the Electric System; (ii) the earnings on and the income from the investment of any 12 (00) "Uniform System of Accounts" shall mean the Uniform System of Accounts prescribed by the Federal Power Commis- sion for public utilities and licensees subject to the provisions of the Federal Power Act (or a uniform system of accounts pre- scribed by some other Federal authority having jurisdiction over public utility companies owning properties and engiaged in busi- ness similar to the Electric System). SECTION 1.2. Definitions of General Words and Terms. Unless the context shall clearly indicate some other meaning or may otherwise require, the words and terms defined in this Section shall, for all pur- poses of the Ordinance and of any ordinance or resolution amendatory hereof, of any Supplemental Ordinance and Series Ordinance and of any certificate, opinion, order, direction, instrument or document herein or therein mentioned, have the meaning specified in this Section, and such definitions to be equally applicable to both the singular and plural forms of any words or terms defined and vice versa. The terms "herein", "hereunder", "hereby", "hereto", "hereof" and any similar terms, refer to the Ordinance and to the Ordinance as a whole and not to any particular section or subdivision hereof. The word "person" or words importing persons shall include firms, partnerships, associations, corporations (public and private), public bodies, natural persons, executors, administrators, trustees and re- ceivers. In the Ordinance (not including in such term wherever used in this paragraph any Supplemental Ordinance or 8eries Ordinance): (a) ref- erences to Articles, Sections and other subsections, whether by number or letter or otherwise, are to the respective or corresponding articles, sections or subdivisions of the Ordinance, as such Articles, Sections or subsections may be amended from time to time; and (b) the word "heretofore" means before the time of adoption of the Ordinance; the word "now" means at the time of adoption of the Ordinance; and the word "hereafter" means after the time of adoption of the Ordinance. SECTION 1.3. Oomputations. Unless the facts shall then be other- wise, all computations required for the purposes of the Ordinance shall be made on the assumption that: (a) the principal of and interest on 14 or referred to, such definition or reference shall be deemed to include any officer, director, member, board, agency, commission, department, governmental unit or body succeeding to or in whom or which is vested the functions, rights, powers, duties and obligations of such officer, director, member, board, agency, commission, department, govern- mental unit or body, as the case may he, encompassed by the Ordinance. Any request, direction, command, order, notice, certificate or other instrument of, by or from the City shall be effective and binding upon the City for all purposes of this Ordinance, and the Trustee or a Pay- ing Agent may rely thereon, if it is signed by the person or persons authorized to execute the same by the Constitution or statutes of Nebraska or by an ordinance, re,solution or regulation of the City. ARTICLE II AUTHORIZATION AND ISSUANOE OF BONDS SEOTION 2.1. Authorization of Bonds; Security. There is hereby created and established an issue of bonds of the City, unlimited in amount, to be known and designated as "Electric System Revenue Bonds" (herein defined and referred to as the "Bonds"), which maybe issued for the purpose of acquiring, constructing, reconstructing, improving, extending, equipping and furnishing the Electric System of the City. The Bonds may be issued from time to time in series pur- suant and subject to the terms, conditions and limitations of this Ordi- nance in such amounts as may be determined by the City. The validity of the Bonds shall neither be dependent on nor affected by the validity or regularity of any proceedings relating to the acquiring, constructing, reconstructing, improving, extending, equipping and furnishing of the Electric System, or of any contracts pertaining thereto, nor by the use and application of the proceeds of the Bonds, and no holder of a Bond shall be r,equired to see that the moneys derived from such Bond are applied to the purpose or purposes for which such Bond is issued. The principal of and premium, if any, and interest on the Bonds ,shall be payable solely from and shall be secured solely by the Reve- 16 The lien, pledges, charges, trusts and assignments of Revenues made herein and hereby shall be valid and binding, and shall be deemed continuously perfected for the purposes of the Uniform Com- me,rcial Code from the time of the delivery of and payment for tlue first series of Bonds hereunder, and Revenues shall thereupon be imme- diately subject to the lien, pledge and charge hereof and the trusts created hereby upon receipt thereof by or for the City or by the Trustee ora Paying Agent hereunder, without any physical delivery or segre- gation thereof or further act. The Bonds shall not be a debt of the State of Nebraska or of the City within the meaning of any constitutional or statutory limitation upon the creation of general obligation indebtedness of the State of Nebraska or of the City. The State of Nebraska shall not be liable for the payment of the ,Bonds out of any moneys of the State of Nebraska, and the City shall not he liable for the payment the,reof out of any moneys of the City other than Revenues pledged to the pay- ment thereof as aforesaid, and all Bonds shall contain a recital to tha t effect. SECTION 2.2. Authorization of 1977 Bonds. For the purpose of paying the Costs of Construction of a Facility, there is hereby author- ized to be issued a series of Bonds in the principal amount of Fifty Million Dollars ($50,000,000), to be designated "Electric System Rev- enue Bonds, 1977 Series" (herein defined and referred to as the "1977 Bonds"), to bear interest at the rates per annum, and to mature on September 1 in each of the years and in the principal amounts as follows: Principal Interest Principal Interest Year Amount Rate Year Amount Rate 1982 $640,000 4.30% 1991 $ 985,000 5.30% 1983 ......n 665,000 4.45 1992 1,040,000 5.40 1984 m.____ 695,000 4.60 1993 .mm, 1,100,000 5.50 1985 730,000 4.70 1994 ___.m. 1,160,000 5.60 1986 m__m 765,000 4.80 1995 .__._m 1,230,000 5.70 1987 805,000 4.90 1996 ____m. 1,300,000 5.75 1988 _._.____ 845,000 5.00 1997 1,380,000 5.75 1989 .-..-.__ 890,000 5.10 2012 .._____. 34,835,000 6.10 1990 .m___. 935,000 5.20 If default should be made in the payment of the principal sum of any Bond when the same shall become due and payable, whethen at the 18 of 1977 Coupon Bonds for 1977 Registered Bonds, as hereinafter pro- vided, shall be dated so that no gain or loss of interest shall result from such exchange or transfer. Each 1977 Registered Bond shall bear interest from the date thereof. 1977 Coupon Bonds shall be numbered from 1 upwards, and 1977 Registered Bonds shall be num- bered from R-1 upwards, in order of their issuance. Interest on the 1977 Bonds shall be payable semi-annually on March 1 and September 1 of each year, beginning March 1, 1978, but, except as to any 1977 R,egistered Bond, only upon presentation and surrender of the respective interest coupons attached as they severally become due. Each 'of such coupons 'Shall be numbered in order of its re,spective maturity. 1977 Coupon Bonds may be registered as to prin- cipal only in accordance with the provisions of Section 3.3 of this Ordinance. SECTION 2.3. Redemption of 1977 Bonds. At the option of the City, the 1977 Bonds shall be subject to redemption prior to maturity on or after September 1, 1987, as a whole at any time, or in part from time to time on any interest payment date in the inverse order of their maturities (and in the event that less than all of the 1977 Bonds of a maturity are called for redemption, the particular 1977 Bonds of such maturity to be redeemed shall be selected by the Trustee in such equi- table manner as it in its sole discretion shall determine), upon published notice as provided in Article IV of this Ordinance, at the redemption price with respect to each 1977 Bond, expressed as a percentage of the principal amount of the 1977 Bond to be redeemed, set forth below, together with the interest accrued thereon to the date fixed for redemption: Period During Which Redeemed Redemption (Both Dates Inclusive) Price September 1, 1987 to August 31, 1989 .m.h.._m_._____.___ 103 % September 1, 1989 to August 31, 1991 m______m_mmm._ 102% September 1, 1991 to August 31, 1993 ___'.mm'_.__.____m 102 September 1, 1993 to August 31, 1995 m_m_'m__m__m_' 101~ September 1, 1995 to August 31, 1997 m_'____m._m___.___ 101 September 1, 1997 and thereafter ..m__.__m_._....._m._m 100 SECTION 2.4. Authorization of Bonds Other Than 1977 Bonds. Each series of Bonds other than the 1977 Bonds shall be authorized by a Series Ordinance of the City, shall be dated, numbered and bear interest at the rate or rates per annum and be payable, both as to '. 20 ing Engineer in the opinion last delivered pursuant to 8ection 2.6 here- of in connection with the issuance of Bonds to pay such Costs of Con- struction or, in the case of the Facility for the payment of the Cost of Construction of which the 1977 Bonds were issued, of the Costs of Construction of such Facility as estimated by the Consulting Engineer at the time the 1977 Bonds were issued. SECTION 2.6. Authorization of Additional Bonds Other Than Completion Bonds. At any time and from time to time after the issuance of the 1977 Bonds, one or more series of Additional Bonds may be issued hereunder for the purpose of acquiring, constructing, reconstructing, improving, extending, equipping or furnishing the Electric System or for the purpose of refunding or purchasing Bonds or Original Bonds upon compliance with the provisions and conditions of Section 2.4 hereof, and the conditions and limitations hereinafter set forth in this Section. (a) Prior to the issuance, sale and delivery of any Additional Bonds, the City shall obtain and file with the Trustee a letter of the Independent Accountant stating that, based upon their most recent examination, nothing came to their attention that would indicate that the City is not in compliance with the covenants, agreements and con- ditions contained in this Ordinance and, so long as any Original Bonds are Outstanding, the Original Ordinances; (b) Prior to the issuance, sale and delivery of any Additional Bonds, the City shall obtain and file with the Trustee an opinion of the Consulting Engineer stating that Net Receipts, computed as herein- after provided in this section, in each Fiscal Year following the issuance of the Additional Bonds then proposed to be issued will be at least equal to the gTeater of: (i) 1.30 times the Debt Service Requirement in such year for (A) the Bonds to be Outstanding after the issuance of such Addi- tionalJ?onds, and (B) any Additional Bonds which, in the opinion of the Consulting Engineer, will be required to complete payment of the Costs of Construction of a Facility for which any Bonds have theretofore been issued or are then being issued hereunder; or 21 I I I I I I I I , I . I I I I I I (ii) the Debt Service Requirement on all Bonds referred to in (A) and (B) of subsection (i) above plus (A) payments, if any, scheduled by the City to be made from Revenues into the Reserve Account to fulfill the Reserve Account Requirement, and (B) the amounts required to be expended pursuant to Section 7.2 hereof. (c) In making the computation of Net Receipts for each succeed- ing Fiscal Year as hereinabove provided, the Consulting Engineer shall use as a basis the Net Receipts for any period of twelve consecutive months during the eighteen months next preceding the month in which Additional Bonds then being issued are sold to the initial purchasers thereof (hereinafter referred to as the "Base Period"). In making such computations, the Consulting Engineer shall adjust the Net Receipts for the Base Period as follows: (i) If any changes have been made in the schedule of rates and charges imposed by the City on sales of power and energy and services furnished by the Electric System, including rates con- tained in power sales contracts, which are in effect at the time of adoption of the Series Ordinance authorizing the issuance of the Additional Bonds then being issued and were not in effect for all or any part of the Base Period, the Consulting Engineer may, if such changes result in increases in such rates and charges, and shall, if such changes result in reductions in such rates and charges, adjust the Net Receipts for the Base Period to reflect any change in such Net Rec'eipts which would have occurred if the schedule of rates and charges in :effect at the time of the adoption of the Series Ordinance authorizing the issuance of the Additional Bonds had been in effect during that portion of the Base Period in which such schedule was not in effect. (ii) In computing the projected Net Receipts for each of the Fiscal Years covered by this Section, the Consulting Engineer shall adjust the amount of Net R.eceipts for the Base Period, as ad- justed pursuant to the preceding paragraph, by his estimate of the net increase over, or net decrease under, such Net Receipts for the Base Period by reason of anyone or more of the following factors: (A) changes in the amounts payable to the City pursuant to existing power sales contracts; 22 (B) changes in Operating Revenues to result from exist- ing power sales contracts for future deliveries of power and energy; (C) changes in Operating Revenues to result from increases of sales of power and energy to customers of the Electric System under existing rate schedules for the various classes of such customers, or as such rate schedules may be revised under the Program of Rate Changes; (D) projected revisions of the cost of labor, wages and salarioes ; (E) projected revisions of the cost of fuel; (F) projected revisions of the cost of machinery, equip- ment and supplies; (G) projected revisions of production, transmission, distribution and administrative costs associated with the in- creases in sales of power and energy and the acquisition and construction of additional facilities; (H) the projected cost of purchasing power and energy; (I) projected sales of surplus energy or capacity; pro- vided, however, that no Revenues from sales of surplus energy or capacity shall boe included in projected Net Receipts unless the Consulting Engineer shall state in the opinion delivered pursuant to subsection (B) of this Section that he believes there will be a market for such surplus energy or capacity at the rates used in computing the projected Revenues from this source in the Fiscal Years in which such projected Revenues are included; and (J) such projection of additional Operating Revenues and Opera ting Expenses as the Consulting Engineer shall deem reasonable and proper. (d) If the Consulting Engineer is required pursuant to this Section to estimate the Debt Service Requirement on any Bonds which in his opinion will be required to be issued in the future to pay Costs of Construction of a Facility for which Bonds have been or are then being issued, he shall estimate the Debt .service Re- quirement for such future Additional Bonds based upon: 23 (i) the assumption that such future Additional Bonds will be issued in an amount not less than the amount required to complete payment of the Costs of Construction of such Facility as estimated by the Construction Engineer for such Facility, or if there be no Construction Engineer therefor, by the Con- sulting Engineer; (ii) the assumption that the Debt Service Requirement on such future Additional Bonds in each Fiscal Year in which payments to the Bond Fund with respect to principal on such future Additional Bonds will be made will be as nearly equal as practicable; (iii) the assumption that the first installment of principal of such future Additional Bonds will be payable on or before the date which is thirty-six months following the estimated Date of Commercial Operation of such Facility to pay the Costs .of Construction of which such future Additional Bonds will be required to be issued; (iv) the assumption that the final maturity of such future Additional Bonds will be not later than the final maturity date of any Bonds or Additional Bonds theretofore issued or then being issued to pay the Costs of Construction of such Facility; (v) the assumption that the interest rate to be borne by such future Additional Bonds will be at least equal to the Aver- age Interest Rate (to the next higher multiple of 1/10 of 1%) as is to be borne by the Additional Bonds then being issued; and (vi) such other assumptions with respect to the issuance of such Bonds as the Consulting Engineer may consider proper. The Consulting Engineer may reduce his estimate of the amount of future Additional Bonds required to be issued to pay Costs of Construction of a Facility for which Bonds have been .or are being issued by: (i) an amount equal to the income which the Cansulting Engineer estimates will be derived from the investment of the proceeds of the Additional Bonds issued or the future Ad- ditional Bonds to be issued to pay the Costs of Construction 24 of such Facility pending their application to the payment of the Costs of Construction of such Facility at an interest rate which shall not be greater than the Average Interest Rate borne by the Additional Bonds then being issued; and (ii) any amounts which the Consulting Engineer estimates are or will be available to the City from Revenues or any other moneys for the purpose of paying a portion of the Costs of Construction of such Facility. (e) Any certificate of the Consulting Engineer filed with the Trustee pursuant to this Section shall be conclusive and binding upon the holders of Bonds and the Trustee and shall be the only evidence required to show compliance by the City and the Con- sulting Engineer with the provisions and requirements of sub- sections (b), (c) and (d) of this section. (f) Unless upon the issuance, sale and delivery of any Addi- tional Bonds there shall then already be on deposit in the Bond Fund for credit to the Reserve Account therein an amount equal to the Reserve Account Requirement to be in effect after the issu- ance of such Additional Bonds, there shall either (i) be paid into the Bond :F'und for credit to the Reserve Account therein such amount, if any, of the proceeds of the sale of such Additional Bonds so that there shall be on deposit in the Bond Fund for credit to the Reserve Account therein an amount equal to the Reserve Account Requirement to be in effect immediately after the issu- anceof ,such Additional Bonds or (ii) if and to the extent there shall not be paid into the Bond Fund for credit to the Reserve Account, proceeds of such Additional Bonds in an amount so that there shall then be on credit to the Reserve Account therein an amount equal to the Reserve Account Requirement referred to in clause (i) hereof, there shall be credited to the Reserve Account, at such time, or from time to time, as the City may deem proper, such amount or amounts, as the City may deem proper, of the moneys available therefor after all payments and credits required by Sections 5.2 and 5.3 hereof have been made, so that by the date to which interest on such Additional Bonds then being is'sued has been provided for by deposits in the Debt Service Account in the Bond Fund from the proceeds of Bonds, there shall be on deposit in the Reserve Account an amount equal to the Reserve Account Requirement then in effect. 25 SECTION 2.7. Authorization of Additional Bonds for Refunding Purposes. At any time and from time to time after the issuance of the 1977 Bonds, the City may issue one or more series of Additional Bonds on a parity with the 1977 Bonds and any Additional Bonds then Outstanding for the purpose of refunding or purchasing Bonds or Original Bonds, including amounts to pay principal, premium and interest to the redemption or purchase date and the expenses of issuing such Additional Bonds and refunding or purchasing the Bonds or Original Bonds being refunded or purchased, upon compliance with the provi'sions and conditions of Section 2.4 hereof (but with- out compliance with the provisions of Section 2.6 hereof); provided, that the Debt Service Requirement for the Original Bonds and Bonds to be Outstanding after the issuance of such refunding Bonds in any Fiscal Year in which any Original Bonds or Bonds to be refunded or purchased would otherwise be Outstanding shall not be greater than the Debt Service Requirement if the Original Bonds or Bonds to be refunded or purchased were not so refunded or purchased. The City may also issue Bonds on a parity with the 1977 Bonds and any Additional Bonds then Outstanding for the purpose of refund- ing at any time within one year prior to maturity any of the Original Bonds or Bonds for the payment of which the City does not have suffi- cient funds. Any Additional Bonds issued for such purpose shall mature in a year not earlier than the latest stated maturity of the Bonds not refunded to be Outstanding after the completion of such refunding. . SECTION 2.8. Covenant Against Issuing Prior or Parity Obliga- tions. Except for the is,suance of the 1977 Bonds and for the is<suance of Original Bonds issued in exchange for Original Bonds presently Outstanding, and except to the e'xtent permitted in this Article for the issuance of Additional Bonds, from and after the effective date of this Ordinance and for so long as any of the Bonds are Outstanding, the City will not create or permit the creation of any indebtedness, or issue any bonds, notes, warrants, certificates or other obligations or evi- dences of indebtedness paya:ble in any manner from moneys derived 26 from Revenues or from the Electric Revenue Fund which (a) will in any way be superior to or rank on a parity with the Bonds authorized in accordance with this Article, or (b) will in any way be secured by a lien and charge on Revenues or on the moneys deposited in or to be deposited in the Electric Revenue Fund prior to or equal with the lien and charge created herein for the security of the Bonds, or (c) will be payable pr~or to or equal with the payments to be made from moneys derived from Revenues and the Electric Revenue Fund into the Bond Fund and the Capital Improvement Fund, and from the Bond Fund for the payment of the Bonds, including the payments to be made into the Reserve Account in the Bond Fund. SECTION 2.9. Jumior Lien or Inferior Obligations Not Prohibited. Nothing in this Ordinance, and particularly nothing in this Article, shall prevent the City from authorizing and issuing bonds, notes, bond anticipation notes, warrants, certificates or other obligations or evi- dences of indebtedness (a) the payment of the principal of and premium, if any, and interest on which shall be made from evidences of indebtedness of the City (other than Bonds) or from moneys derived from Revenues, or from any other special fund to be maintained from Revenues, so long as the payments from Revenues or from such other special fund shall be made junior and subordinate to the payment of the principal of and interest on the Bonds and the Original Bonds and (i) as long as any Original Bonds shall be Outstanding, to the, payments and deposits required to be made to the Operation and Maintenance Account, the Sinking Fund Accounts for Original Bonds, the Reserve Accounts for Original Bonds, the Depreciation and Emergency Reserve Account and the Surplus Account by the provisions of the Original Ordinances and to the Bond Fund by the provisions of Section 5.2 hereof and to the Capital Improvement Fund by the provisions of Section 7.2 hereof, and (ii) from and after the time no Original Bonds shall be Outstanding, to the payments and deposits or reservations required to be made for Operating Expenses, to the Bond Fund by the provisions of Section 5.3 hereof and to the Capital Improvement Fund by the provisions of Section 7.2 hereof; and (b) which are secured as to principal and premium, if any, land interest, or if payable from another . 27 special fund (as aforesaid) the payments into which other special fund are secured by a lien and charge on Revenues and the moneys in the Electric Revenue Fund junior and inferior to the lien and charge thereon of the Bonds, which lien shall also be junior and inferior to the payments to be made from Revenues and the Electric Revenue Fund into the Operation and Maintenance Account or for Operating Expenses, into the Sinking Fund Aecounts for Original Bonds, the Reserve Accounts for Original Bonds, the Depreciation and Emergency Reserve Account, the Surplus Account, the Bond Fund to provide for the payment of the Original Bonds and the Bonds, including the pay- ments to be made into the Bond Fund for eredit to the Reserve Account therein, and the Capital Improvement Fund. SECTION 2.10. Separate System Bonds. Nothing in this Ordinance shall prevent the City from authorizing and issuing bonds, notes, war- rants, certificates or other obligations or evidences of indebtedness, other than Bonds, to acquire or construct facilities for the generation, transmission or distribution of electric power and energy, which facil- ities, after the Original Bonds are no longer Outstanding, shall be a separate electric utility system and which bonds or other obligations or evidences of indebtedness, after the Original Bonds are no longer Out- standing, shall not be a charge upon or payable from the Revenues but shall be payable solely from the revenues or other income derived from .the ownership or operation of such separate electric system. ARTICLE III GENERAL TERMS AND PROVISIONS OF BONDS SECTION 3.1. Execution, Authentication and Payment of Bonds. The 1977 Bonds and, unless or except as otherwise provided in the Series Ordinance providing for the issuance thereof, all Additional Bonds shall be executed on behalf of the City with the manual or facsimile signature of the Mayor and countersigned by the manual or facsimile signature of the City Clerk; provided, that one of such signatures shall be a manual signature; 24nd a facsimile of the seal of the City shall be 28 printed on each of the Bonds. The coupons thereto attached, if any, shall bear the facsimile signature of the Mayor. In case any officer whose signature or facsimile thereof shall appear on any Bond or coupons shall cease to be such officer before the delivery of such Bonds, sucll 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 Bonds. rrhe Bonds shall not be valid and binding on the City until authen- ticated by the Trustee. The Bonds shall be authenticated by the Trustee when it has been furnished with the following: ( a) A copy of this Ordinance and any Series Ordinance authorizing the issuance of Additional Bonds, duly certified by the City Clerk. (b) A request and authorization to the Bond Registrar on behalf of the City and signed by the Mayor or City Treasurer to authenticate and deliver a specified principal amount of Bonds to the purchasers therein identified upon payment to the Trustee of a specified sum. The Bonds of each series ,of Bonds shall be payable as to principal and premium, if lany, and interest in any coin or currency of the United States of America which at the time of payment thereof is legal tender for public and private debts, and, except as otherwise provided in Section 3.7 hereof, in respect of the payment of interest on Registered Bonds, shall be payable at the principal office of the Paying Agents for such series of Bonds. SECTION 3.2. Bonds Are Negot,iable Instruments. All the Bonds and the interest coupons attached thereto shall be negotiable instruments to the extent provided by the laws of the State of Nebraska. Coupon Bonds, except while registered as to principal otherwise than to bearer, shall pass by delivery. The registration of any Coupon Bond as to principal only shall not affect the negotiability of the coupons thereto appertaining, which shall remain payable to bearer and pass by de- livery, whether or not the Bond to which any coupon appertains is so registered. The City, the Trustee, the Paying Agents and any other 29 person may treat the bearer (or if such Bond be registered as to prin- cipal, the registered owner) of any Coupon Bond, the registered owner of any Registered Bond, the bearer of any Coupon Bond registered as payable to bearer, and the bearer of any coupon, whether or not the Bond to which said coupon appertains is registered as to principal, as the absolute owner of such Bond or coupon, as the case may be, for the purpose of making payment thereof and for all other purposes, and neither the City, nor the Trustee nor the Paying Agents shall be bound by any notice or knowledge to the contrary, whether such Bond or coupon shall be overdue or not. All payments of or on account of interest to any bearer of any coupon, or to any registered owner of any Hegistered Bond (or to his registered assigns), and all payments of or on account of principal to any bearer of any Coupon Bond (or if such Bond be registered, to the registered owner, or to any bearer of such Bond if registered as payable to bearer), or to any registered owner of any Registered Bond shall be valid and effectual and shall be a discharge of the City, the Trustee and the Paying Agents, in respect of the liability upon the Bonds or coupons or claims for interest, as the case may be, to the extent of the sum or sums paid. SEOTION 3.3. Registration Books; Registration of Coupon Bonds as to Principal Only. The City will cause books for the registration and transfer of the Bonds to be kept at the principal office of the Trustee as Registrar at all times while any of such Bonds shall be Outstanding. Upon presentation to the Registrar for such purposes by any bearer of any 1977 Coupon Bonds, and, unless and except as is otherwise provided in the Series Ordinance providing for the issuance tllereof, any other Bonds in coupon form, the City will, under such reasonable regulations as it may prescribe from time to time, cause such Registrar to register in such books, in the name of the bearer or his nominee, the ownership as to principal only of any such presentea Coupon Bond, and such registration shall be noted on the Bond. After such registration and notation no transfer of any such Coupon Bond registered otherwise than as payable to bearer shall be valid unless evi- denced by a written instrument of transfer, in form satisfactory to the 30 Registrar, duly executed by the registered owner in person or by his duly authorized agent; but any such Coupon Bond so registered may be discharged from registration, and transferability by delivery may be restored, by a like transfer to bearer similarly registered and noted, and after such transfer to bearer such Bond shall be a bearer Bond. Any such Coupon Bond may again, from time to time, in like manner, be registered as to principal only or be transferred to bearer. SECTION 3.4. Transfer of Registered Bonds. Any Registered Bond may be transferred pursuant to its provisions at the principal office of the Registrar by surrender of such Bond for cancellation, ac- companied by a written instrument of transfer, in form satisfactory to such Registrar, duly executed by the registered owner in person or by his duly authorized agent, and thereupon the City will issue and deliver at the office of such Registrar (or send by registered mail to the owner thereof at his expense), in the name of the transferee or trans- ferees, a new Registered Bond of the same series, interest rate, prin- cipal amount and maturity, dated so there shall result no gain or loss of interest as a result of such transfer. To the extent of denominations authorized in respect .of any such Bonds by the terms thereof, or by the terms of this Ordinance or the Series Ordinance providing for the issuance thereof, one such Registered Bond may be transferred for several such Registered Bonds of the same series, interest rate and ma- turity, and for a like aggregate principal amount, and several such Registered Bonds of the same series may be transferred for one or several such Registered Bonds, respectively, of the same series, interest rate and maturity and for a like aggregate principal amount. SECTION 3.5. Exchange of Bonds. The bearer of any Coupon Bond which at the time is not registered, or is registered as payable to bearer, and the registered owner of any Registered Bond, or any Cou- pon Bond registered as to principal otherwise than to bearer, may, unless and except as is otherwise provided in the Series Ordinance pro- viding for the issuance thereof, at any time, surrender the same at the office of the Registrar, in the case of Coupon Bonds with all unmatured coupons attached, and in the case of Registered Bonds, or Coupon 31 Bonds registered as to principal, with instruments of transfer satis- factory to such R,egistrar and shall be entitled to receive in exchange therefor an equal aggregate principal amount of Bonds of the same series, interest rate and maturity, of anyone or more of the forms, the issuance of which has been herein provided for; and the City will issue and deliver at the office of such Registrar (or send by registered mail to the owner thereof at his expense) the Bonds necessary to make such exchange. Whenever Registered Bonds with proper instruments of transfer shall be surrendered to the Registrar in exchange for Coupon Bonds of the same series, interest rate and maturity, the City will issue and deliver at the office of such Registrar (or send by registered mail to the owner thereof at his expense) in exchange a like principal amount of Coupon Bonds of the same series, interest rate and maturity, in bearer form, and bearing coupons so that no gain or loss of interest shall result from such exchange. Nothing herein contained shall be deemed to authorize the execution and delivery of Registered Bonds of a series of Bonds except in the denomination or $5,000 or any in- tegral multiple of $5,000, except as otherwise provided with respect to any series of Bonds in the Series Ordinance authorizing the issuance thereof. ISECTION 3.6. Disposition of Bonds Surrendered on Exchange or Transfer; Oharges for Exchange and Transfer. In every case of an exchange of Bonds, and of a transfer of any Registered Bond or Coupon Bond registered as to principal, the surrendered Bonds and coupons, if any, shall be held by the Registrar and a certificate evidencing such exchange or transfer shall be transmitted promptly to the City. All Registered Bonds surrendered for exchange or transfer shall be can- celled. Unless or except as otherwise provided in the Series Ordinance authorizing the issuance of any series of Bonds, Coupon Bonds will he held by the Registrar, who shall make provision satisfactory to the City for the safekeeping of such Coupon Bonds; provided, however, that the City may direct the Registrar to cancel such Coupon Bonds. As a condition of any such exchange or of any registration or transfer, the City at its option may require the payment of a sum sufficient 32 to reimburse it for any tax or other governmental charge that may be imposed thereon. All Bonds executed and delivered in exchange for or upon transfer of Bonds so surrendered shall be valid obligations of the City evidencing the same obligation as the Bonds surrendered, and shall be entitled to all the benefits and protection of this Ordinance to the same extent as the Bonds in exchange for, or upon transfer of which they were executed and delivered. SECTION 3.7. Payment of Bonds and Interest. The Bonds of each series and coupons appertaining thereto may be presented for payment at the principal office of any of the Paying Agents for such series of Bonds. The interest on and principal of all Coupon Bonds and the principal of all Registered Bonds of a series of Bonds shall be payable at the principal office of anyone of the Paying Agents for such series of Bonds. Payment of the interest on the Coupon Bonds shall be made only upon presentation and surrender of the coupons, if any, represent- ing such interest as the same, respectively, become due and payable. Payment of the interest on each Registered Bond shall be made on each interest payment date to the person whose name appears on the registration books as the registered owner thereof, by check or draft drawn upon the Trustee and mailed to such registered ,owner at his address as it appears on such books. SECTION 3.8. Lost, Stolen, Destroyed or Mutilated Bonds. In case any Bond or any coupons thereto appertaining shall at any time become mutilated or be lost, stolen or destroyed, the City in the case of such a mutilated Bond or coupon shall, and in the case of such a lost, stolen or destroyed Bond or coupon in its discretion may, execute and deliver a new Bond or coupons of the same series, interest rate and maturity and of like tenor and effect in exchange or substitution for and upon the surrender and cancellation of such mutilated Bond or coupons appertaining thereto, or in lieu of ,or in substitution for such destroyed, stolen or lost Bond or coupons, or if such stolen, destroyed or lost Bond or coupons shall have matured or, be about to mature, instead of issuing a substitute therefor, the City may at its option pay 33 the same without the surrender thereof. Except in the case where a mutilated Bond or coupon is surrendered, the applicant for the issu- ance of a substitute Bond or coupons shall furnish to the City evidence satisfactory to the City of the theft, destruction or loss of the original Bond or coupons, and of the ownership thereof, and also such security and indemnity as may be required by the C~ty, and no such suhstitute Bond or coupons shall be issued unless the applicant for the issuance thereof shall reimburse the City for the expenses incurred hy the City in connection with the preparation, execution, issuance, and delivery of the substitute Bond ,or coupons, and any such substitute Bond or coupons shall be equally and proportionately entitled to the security of this Ordinance with all other Bonds and coupons issued hereunder, whether or not the Bond or coupon alleged to have been lost, stolen or destroyed shall be found at any time or enforceable by anyone. The City shall advise the Trustee and the Paying Agents of the issuance of substitute Bonds or coupons. All Bonds and coupons so surrendered to the City shall be cancelled by it. SECTION 3.9. Limitations on Duty of City and Registrar to Reg- ister, Exchange or Transfer Bonds. The City and Registrar shall not be required (a) to issue, transfer or exchange Registered Bonds of any series of Bonds for a period of 10 days next preceding any interest payment date thereof; (b) to issue, register, discharge from registra- tion, transfer or exchange Bonds of any series of Bonds for a period of 10 days next preceding any selection of Bonds of such series for redemption or for a period of 10 days thereafter, or (c) to register, dis- charge from registration, transfer or exchange any Bonds which have been designated for redemption within a period of thirty days next preceding the date fixed for redemption. SECTION 3.10. Destrttction of Bonds on Payment, Exchange or Transfer. All Coupon Bonds and interest coupons paid by any Paying Agent shall be cancelled and shall be cremated or otherwise destroyed by such Paying Agent pursuant to such regulations, consistent with the laws of the State of Nehraska, as the Trustee (with the approval of the City) shall prescribe. A certificate evidencing such cancellation and 34 destruction shall be transmitted to the City. All Registered Bonds paid by any Paying Agent shall be cancelled and sent to the Trustee. All Registered Bonds cancelled on account of payment, transfer or exchange shall be disposed of by the Trustee in accordance with the instructions of the City. SECTION 3.11. Temporary Bonds. Until the definitive Bonds of any series are prepared, the City may execute, in the same manner as is provided in Section 3.1, and deliver, in lieu of definitive Bonds, but subject to the same provisions, limitations and conditions as the definitive coupon Bonds except as to the denominations thereof and as to exchangeability for Registered Bonds, one or more temporary Bonds (which may be registrable as to principal and interest) substantially of the tenor of the definitive coupon Bonds in lieu of which such tem- porary Bond or Bonds are issued, but with or without coupons, in denominations authorized by the City, and with such omissions, insertions and variations as may be appropriate to temporary Bonds. The installments of interest payable on such toemporary Bonds in bearer form shall be payable only upon the pres'entation and surrender of the coupons therefor attached thereto or upon presentation of such tempo- rary Bonds for notation thereon of the payment of such interest. The City at its own expense shall prepare and executoe and, upon the sur- render of such temporary Bonds, ,vith all unmatured coupons, and all matured coupons for which no payment or only partial payment has boeen provided, attached, for exchange and the cancellation of such surrendered temporary Bonds and coupons, and without charge to the holder thereof, deliver in exchange therefor, definitive coupon Bonds, with appropriate coupons attached, or, at the option of the holder, definitive Registered Bonds, of the same aggregate principal amount and series and maturity as the temporary Bonds surrendered. Until so exchanged, the temporary Bonds shall in all respects be entitled to the same benefits and security as definitive Bonds issued pursuant to this Ordinance. If the City shall authorize the issuance of temporary Bonds in more than one denomination, the holder of any temporary Bond or Bonds may, at his option, surrender the same to the Trustee in exchange 35 for another temporary Bond or Bonds of like aggregate principal amount and series and maturity of any other authorized denomination or denominations. and thereupon the City shall execute and, in exchange for the temporary Bond or Bonds so surrendered and upon payment of the charges provided for in Section 3.6, shall deliver a temporary Bond or Bonds of like aggregate principal amount, series and maturity in such other authorized denomination or denominations as shall be requested by such holder. All temporary Bonds surrendered in exchange either for another temporary Bond or Bonds or for a definitive Bond or Bonds shall be forthwith cancelloed by the Trustee. ARTICLE IV REDEMPTION OF BONDS SECTION 4.1. Time of Redemption. All Bonds which are subject to redemption prior to maturity shall be redeemed upon the terms and conditions specified in this Ordinance. The 1977 Bonds shall be sub- ject to redemption at the times and upon payment of the redemption prices specified in Section 2.3 hereof, and all other Bonds shall be subject to redemption at the time and upon payment of the redemption prices specified in the Series Ordinance authorizing the issuance of such Bonds. SECTION 4.2. Selection of Bonds for Redemption. If less than all of a series of Bonds are to be redeemed at any time, they shall be redeemed in the inverse order of maturities, and if less than an entire maturity is to be redeemed, the Trustee shall determine, in its sole discretion, in any manner deemed by it to be fair and equitable, the particular Bonds or portions of Registered Bonds of such maturity so to be redeemed. Unless or except as is otherwise provided with respect to the Bonds of any series of Additional Bonds in the Series Ordinance authorizing thoe issuance thereof, any Registered Bond shall be subject to redemption in part in a principal amount equal to $5,000 or any integral multiple thereof. 36 SECTION 4.3. Notice of Redemption. Except as provided below, notice of any such redemption shall be given by the City, or by the Trustee in the name of the City, by publication of a notice, which notice shall specify the numbers of the Bonds called for redemption, the title, series, maturities, letters or other distinguishing marks of the Bonds to be redeemed, the redemption date and the place or places where the amount due upon such redemption will be payable, and, in the case of Registered Bonds to be redeemed in part only, such notice shall also specify the respective portions of the principal amount thereof to be redeemed. Such notice shall further state that upon the date fixed for redemption there shall become due and payable upon each Bond to be redeemed the principal amount thereof, plus the premium, if any, due thereon upon the said redemption date, together with in- terest accrued to the redemption date, and that from and after the redemption date interest thereon, or on the portion of any Registered Bond to be redeemed in part (unless the City shall default in the pay- ment of the Bonds, or of the portion of any Registered Bond so to be redeemed in part) shall cease to accrue and become payable. Such notice shall be published at least once on any business day of the week in daily financial papers, or in daily newspapers of general circulation printed in the English language, published in each of the cities in which the Paying Agents for such series of Bonds to be redeemed are located, the date of publication to be not less than thirty (30) days nor more than sixty (60) days prior to the date fixed for redemption. If, because of the temporary or permanent suspension of the publication or general circulation of any financial paper or newspaper in any particular city, the City or the Trustee deems it impossible to publish any such notice of redemption in such city in the manner herein provided, then there shall be made in lieu thereof such publication as shall be decided upon by the City and approved by the Trustee and the same shall constitute a sufficient publication of such notice. If any Bond called for redemp- tion is a Registered Bond or a Coupon Bond registered as to principal otherwise than to bearer, notice of the redemption thereof shall be mailed not less than thirty (30) days nor more than sixty (60) days prior to the redemption date, by first class mail postage prepaid to the registered owner of such Bond at his address as it appears on the registration books or at such address as he may have filed with the 37 city for that purpose, and notice of redemption by publication need not be given to the holder of any Registered Bond or of any Coupon Bond registered as to principal only, if notice shall have been so mailed as aforesaid to the registered owner thereof; provided, that, if notice is given by publication as aforesaid, neither failure to mail such notice to the registered owner of any Bond registered as to principal only, nor any defect in any notice so mailed, shall affect the sufficiency of the proceedings for the redemption of any such Bonds. The City shall give written notice to the Trustee of its election to redeem Bonds at least forty-five (45) days prior to the redemption date, or such shorter period as shall be acceptable to the 'l'rustee. Whenever notice of redemption has been duly given as herein provided, the Trustee shall, not later than three (3) days prior to the date fixed for redemp- tion in such notice, transfer to the Paying Agent or Paying Agents for the Bonds so to be redeemed, amounts from the Debt Service Account which, in addition to other moneys, if any, held by such Paying Agent or Paying Agents for such purpose, will be sufficient to redeem on the redemption date, all the Bonds so to be redeemed. SECTION 4.4. Payment of Redeemed Bonds; When Interest, on Bonds Called for Redemption Ceases to Accrue. The Bonds or portions thereof so called for redemption shall become due and payable on the redemption date designated in said notice, and the Paying Agents shall make payment thereof upon presentation and surrender thereof at the offices of the Paying Agents specified in such notice, together with, in the case of Registered Bonds and Coupon Bonds registered otherwise than to bearer and for which payment is requested by a person other than the registered owner, a written instrument of transfer duly executed by the re,gistered owner or his duly authorized attorney, and, in the case of Coupon Bonds, with the pertinent coupons maturing subsequent to the redemption date. In the event there shall be drawn for redemp- tion less than all of a Registered Bond, the City shall execute and the Paying Agents shall deliver upon the surrender of such Bond without charge to the owner thereof, for the unredeemed balance of the prin- cipal amount of the Bond so surrendered, either Coupon Bonds, or a Registered Bond or Bonds, of the same series, interest rate and ma- 38 turity, in either the denominat.ion of such unredeemed balance or in , any of the authorized denominations as shall be requested by the regis- tered owner of the Registered Bond so surrendered; provided, however, that the City may, by written agre'ement with the holder of any Regis- tered Bond, make payment of the redemption price of a portion of such Registered Bond directly to the registered owner thereof without presentation or surrender thereof upon such terms and conditions as the City may consent to in such agreement. Each Paying Agent shall be advised by the City of each such agreement and shall be entitled to rely thereon and to make payments in accordance therewith, until notified by the City of the termination of such agreement. If moneys for the redemption of all the Bonds, or portions thereof, to be redeemed on any redemption date, together with interest to the redemption date, shall be held by the Paying Agents so as to be available therefo!" Un the date fixed for the redemption thereof and if notice of redemption of said Bonds shall have been given as provided in this Article, then from and after the redemption date, interest on the Bonds or portions thereof so called for redemption shall cease to accrue and become pay- able, and the coupons for interest pertaining thereto maturing sub- sequent to the redemption date shall be void, and all Bonds or portions thereof so called for redemption shall be payable solely from the moneys set aside for the payment thereof with the Paying Agents, and said Bonds or portions thereof shall no longer be secured by the lien on and pledge of Revenues; provided, however, that such lien and pledge shall continue in full force and effect as to the portion of any Registered Bond not called for redemption. If moneys shall not be available on the redemption date specified for the payment of any Bonds, or portions thereof, as shall have been called for redemption, such Bonds, or portions thereof, shall continue to bear interest until paid at the rate they would have borne had they not been called for redemption. SECTION 4.5. Redeemed Bonds Not to Be Reissued. No Bonds or coupons shall be issued in lieu of Bonds or coupons paid or sur- rendered upon any exchange or transfer except as expressly provided by this Ordinance. 39 ARTICLE V CONTINUATION AND CREATION OF SPECIAL FUNDS AND ACCOUNTS AND PAYMENTS THEREFROM; DISPOSITION OF BOND PROCEEDS; INVESTMENTS SECTION 5.1. Electric Revenue Fund; Accounts U1~der Original Ordinances; Creation of Bond Fund and Acco~mts Therein and Capital Improvement Fund. The special fund of the City created by Section 8 of Ordinance No. 3169 and continued by Ordinance Nos. 3715, 4333, and 4693 and designated as the Electric Revenue Fund shall be con- tinued as long as any of the Original Bonds or the Bonds are Outstand- ing. The Electric Revenue Fund shall be held in trust and administered by the City. The City covenants and agrees that it will pay and deposit in the Electric Revenue Fund, as promptly as practicaJble after the receipt thereof, all Revenues, and that said Revenues will be segregated and kept apart from all other revenues and funds of the City. The Operation and Maintenance Account, the Sinking Fund Ac- counts for Original Bonds, the Reserve Accounts for Original Bonds, the Depreciation and Emergency Reserve Account and the Surplus Account established or continued pursuant to the Original Ordinances shall be continued as long as any of the Original Bonds are Outstand- ing. When the Original Bonds are no longer Outstanding, the City shall transfer all moneys and securities held in such Accounts to the Elec- tric Revenue Fund. There is hereby created a special fund of the City to be known as the "Electric System Revenue Bond Fund" (hereinafter referred to as the "Bond Fund"). The Bond Fund shall be held in trust and admin- istered by the Trustee and shall be used solely for the purpose of paying the principal of and premium, if any, and interest on the Bonds and of retiring the Bonds prior to maturity in the manner herein provided. There is hereoy created, for the purpose of paying principal of and premium, if any, and interest on the Bonds and of retiring the Bonds prior to maturity in the manner herein provided, a special account in the Bond Fund to be known as the "Debt Service Account". 40 There is hereby created, for the purpose of providing a reserve for the payment of the principal of and premium, if any, and interest on the Bonds, a special account in the Bond Fund to be known as the "Reserve Account". There is hereby created, for the purpose of making replacements, improvements, enlargements, extensions and betterments of the Elec.- tric System, a special fund of the City to be known as the "Capital Im- provement Fund". The Capital Improvement Fund shall be held in trust and administered by the City. SEOTION 5.2. Application of Revenues While Original Bonds are Outstanding. So long as any Original Bonds shall be Outstanding, in each month the moneys in the Electric Revenue Fund shall be applied in the amounts and in the order of priority set forth in this Section. In the event that in any month the moneys in the Electric Revenue Fund are insufficient to make in full in the order of priorities set forth in this Section the credits, allocations and payments required by the provisions of this Section, such credits, allocations and pay- ments shall be made in such manner in order of priority to the fullest extent possible, an item having higher priority being satisfied in full (including the making up of any deficiencies) before an item having a lower priority. The amount of any deficiency in a credit, allocation or payment over to or for a priority item shall be added to the require- ment for such item in succeeding months until such deficiency is satisfied. FIRST: There shall be credited and paid from the Electric Rev- enue Fund to the Operation and Maintenance Account an amount sufficient to pay the estimated cost of operating and maintaining the Electric System during the ensuing month as provided by the Original Ordinances. SECOND: There shall next be credited and paid from the Electric Revenue Fund to the Sinking Fund Accounts for Original Bonds the amounts provided for by the Original Ordinances. 41 THIRD: There shall next be credited and paid from the Electric Revenue Fund to the Reserve Accounts for Original Bonds the amounts provided for by the Original Ordinances. FOURTH: There shall next be allocated, credited and paid from the Electric Revenue Fund to the Depreciation and Emergency Reserve Account the amounts provided for by the Original Ordinances. FIFTH: After making the allocations, credits and payments required to be made by the Original Ordinances to the Operation and Maintenance Account, the Sinking Fund Accounts for Original Bonds, the Reserve Accounts for Original Bonds, and the Depreciation and Emergency Reserve Account, all remaining moneys in the Electric Revenue Fund shall be allocated and credited to the Surplus Account. SIXTH: There shall next be paid from the Surplus Account for deposit in the Bond Fund to be credited to the Debt Service Account and Reserve Account therein, simultaneously and without preference of one over the other, with consideration given to and allowance made for moneys deposited in, credited or accrued to the Debt Service Account and the Reserve Account, the following: (a) Not later than the 25th day of the month following the issuance and delivery of any series of Bonds and not later than the 25th day of each calendar month thereafter, the City shall pay to the Trustee for deposit in the Bond Fund to be credited to the Debt Service Account with respect to each series of Bonds then Outstanding, an amount such that, if the same amount were so paid and credited to the Debt Service Account on the 25th day of each succeeding calendar month thereafter and prior to the next date upon which an installment of interest falls due on the Bonds of such series, the aggregate of the amounts so paid and credited to the Debt Service Account for the purpose of paying interest on such series of Bonds would on such date be equal to the installment of interest then falling due on all Bonds of such series of Bonds then Outstanding. In making credits to the Debt Service Account required by this subparagraph, consideration shall be given to and allowance made for any amounts representing accrued interest received on the sale of Bonds paid or to be paid into the Bond Fund 42 and credited to the Debt Service Account, and interest capitalized from the proceeds of Bonds. (b) Not later than the 25th day of the 12th month prior to each date upon which an installment of principal of the Bonds of any series of Bonds falls due, and not later than the 25th day of each calendar month thereafter, the City shall pay to the Trustee for deposit in the Bond Fund to the credit of the Debt Service Account with respect to an installment .of principal on such series of Bonds, an amount such that, if the same amount were so paid and credited to the Debt Service Account on the 25th day of each calendar month thereafter and prior to the next date upon which an installment of principal falls due on the Bonds of such series of Bonds, the aggregate of the amounts so paid and credited to the Debt Service Account for the purpose of paying an installment of principal of such series would on such date be equal to the install- ment of principal of such series .of Bonds then falling due. (c) Not later than the 25th day of the 12th month prinr to the date upon which the first sinking fund installment, if any, is payable with respect to the Bonds of any series of Bonds, including the 1977 Bands, and nat later than the 25th day afeach calendar manth thereafter, the City shall pay ta the Trustee for depasit in the Band Fund far credit to the Debt Service Account with respect to a sinking fund installment an such series af Bonds, an amount such that, if the same amount were so paid and credited ta the Debt Service Accaunt on the 25th day of each calendar month thereafter and prior to the next date upon which a sinking fund installment falls due, the aggregate of the amounts so paid and credited ta the Debt Service Account for the purpose .of retiring the Bonds of such series would be sufficient to redeem the 1977 Bonds in the principal amounts and at the times specified in Section 2.2 of this Ordinance, and to redeem Additional Bonds in the prin- cipal amaunts and at the times specified in the Series Ordinance or Ordinances authorizing the issuance of such Additional Bonds. The Trustee may apply the moneys paid into the Bond Fund for credit to the Debt Service Account pursuant to this subsection (c) for the purpose of retiring the Bonds of each series of Bonds to the purchase of such Bonds, in which event the principal amount of said Bonds of the maturity purchased required ta be redeemed on the next ensuing sinking fund installment date shall be reduced by the principal amount of such Bonds sa purchased; provided, how- 43 ever, that no Bonds shall be purchased during the interval between the date on which notice of redemption of said Bonds from sinking fund installments is given and the date of redemption set forth in such notice, unless the Bonds so purchased are Bonds called fo.r redemption in such notice or are purchased from moneys other than those credited to the Debt Service Account pursuant to this subsec- tion (c) a:s part of a sinking fund installment; and provided further, that no purchases of Bonds shall be made if such purchase would require the sale at a loss of securities in the Bond Fund for credit to the Debt Service Account unless the difference between the actual purchase price (including accrued interest and any brokerage or other charge) paid for such Bonds and the then maximum purchase price (plus accrued interest) permitted to be paid therefor, is greater than the loss upon the sale of any such securities. Any pur- chase of Bonds pursuant to this subsection (c) may be made with or without tenders of Bonds and at either public or private sale, but in any event at a purchase price (including accrued interest and any brokerage or other charge) not to exceed the then applicable redemption price of such Bonds, plus accrued interest. All Bonds purchased or redeemed pursuant to this subsection (c) shall be can- celled and not reissued. At the option of the City, the City may, in lieu of making all or any part of the cash payments into the Bond Fund required by th:e foregoing provisions of this subsection (c), furnish the Trustee with a certificate of the Treasurer of the City, stating that the City has purchased and cancelled Bonds of a series of Bonds in the principal amount, and bearing the numbers, specified therein, and that said Bonds have not been previously included in any such certificate; and thereupon the cash payments required by the fore- going provisions of this subsection (c) with respect to the Bonds of such series of the maturity purchased may be reduced accord- ingly by the principal amount of such Bonds cancelled, as evidenced by such certificate. In the event notice of redemption shall have been given as provided in Section 4.3 with respect to a redemption other than pursuant to the foregoing provisions of this subsection (c), the City shall pay to the Trustee for deposit in the Bond Fund for credit to the Debt Service Account at least six (6) days prior to the redemption date, an amount in cash which, in addition to other moneys, if any, available therefor in the Debt Service Account, 44 will be sufficient to redeem on the redemption date at the applicable redemption prices thereof, plus interest accrued thereon to the redemption date, all of the Bonds to be redeemed. (d) Unless upon the issuance, sale and delivery of any Bonds there was then already on deposit in the Bond Fund for credit to the Reserve Account therein an amount equal to the Reserve Account Requirement to be in effect after the issuance of such Bonds or unless there shall have been paid into the Bond Fund for credit to the Reserve Account therein an amount equal to the Reserve Account Requirement in effect immediately after the issu- ance of such Additional Bonds, then there shall be credited to the Reserve Account, at such time, or from time to time, as the City may deem proper, such amount or amounts, as the City may deem proper, so that by the date to which interest on such Bonds has been provided for by deposits in the Debt Service Account in the Bond Fund from the proceeds of Bonds, there shall be on deposit in the Reserve Account an amount equal to the Reserve Account Require- ment then in effect. If at any time the moneys and the value of Investment Securi- ties in the Bond Fund for credit to the Reserve Account therein are an amount less than the Reserve Account Requirement as the result of a withdrawal from the Reserve Account, there shall be credited to the Reserve Account from the first moneys available therefor, such amounts as shall be necessary until there is again on credit to the Reserve Account an amount at least equal to the Reserve Account Requirement. If at any time the moneys and value of Investment Securities in the Bond Fund for credit to the Reserve Account therein are in excess of the Reserve Account Requirement, the amount of such excess shall, at the request of the City, be paid into the Surplus Account, to be used and applied as are all other moneys deposited in or on deposit in that Account; provided, that, in anticipation of the issuance of Additional Bonds hereunder, the City may direct that all or part of such excess amount be retained in the Bond Fund for credit to the Reserve Account therein. The moneys and value of Investment Securities in the Bond Fund for credit to the Reserve Account therein shall, except for the transfer therefrom to the Electric Revenue Fund of excess amounts therein as hereto- fore permitted in this subsection (d), be used and applied solely for the purpose of paying the principal of and premium, if any, and 45 interest on the Bonds when due, whether at their maturity or upon the redemption or purchase thereof from moneys credited to the Debt Service Account and shall be so used and applied whenever there are insufficient moneys in the Bond Fund for credit to the Debt Service Account therein for such purposes. However, before applying any moneys in the Bond Fund for credit to the Reserve Account therein to such payment, there shall first be applied to such paY!llent all other moneys in the Surplus Account lawfully available therefor. The term "value of Investment Securities" and words of like import as used herein, shall mean the purchase price of such obligations paid by the City, excluding accrued interest, but shall not be more than the par value of such obligations. Moneys in the Debt Service Account shall be transmitted by the Trustee without further authorization or direction from the City to the Paying Agents prior to the date upon which any interest is due on the Bonds and prior to the date upon which any principal is due on the Bonds pursuant to a stated maturity, a sinking fund installment or a notice of redemption, as the case may be. In the event that there shall be a deficiency in the Debt Service Account in the Bond Fund, and if moneys in the Surplus Account are not deposited with the Trustee in an amount sufficient to make up any deficiency, the Trustee shall promptly make up such deficiency from the Reserve Account by the withdrawal of cash therefrom for that purpose and by the sale or redemption of obligations held in the Reserve Account, if necessary, in such amounts as will provide cash in the Reserve Account sufficient to make up any such deficiency. Moneys set aside from time to time with the Paying Agents for the purpose of paying the principal of and premium, if any, and the interest on the Bonds shall be held in trust for the holders of the Bonds and appurtenant coupons in respect of which the same shall have been so set aside. Until so. set aside, all moneys in the Bond ~'und shall be held in trust for the benefit of the holders of all Bonds at the time Outstanding, equally and ratably. So long as the amounts on deposit in the Bond Fund shall be sufficient to provide moneys to retire all Bonds then Outstanding, in- 46 eluding such interest thereon as thereafter may become due and pay- able and any premiums upon redemption thereof, no further pay- ments need be made into the Bond Fund. All moneys remaining in the Bond Fund after provisions for the payment in full of the prin- cipal of and premium, if any, and interest on the Bonds shall be returned to the Surplus Account. SEVENTH: There shall next be paid from the Surplus Account for deposit in the Capital Improvement Fund the amounts provided for by Section 7.2 of this Ordinance. Moneys in said account shall be used for the purposes specified in said Section 7.2. EIGHTH: Within 120 days after the end of each Fiscal Year, the City shall next have the right to withdraw from the Surplus Account and to pay into the general fund of the City an amount equal to five per- cent (5%) of Operating Revenues, less Operating Expenses, for said Fiscal Year, such payment being in lieu of taxes. No withdrawal from the Surplus Account and payment to the City hereinbefore authorized shall be made at any time when the City ,shall be in default in the per- formance of any covenant or agreement contained in the Original Ordi- nance or this Ordinance or when such withdrawal would cause the City to be in default in the performance of any such covenant or agreement. Except as aforesaid, no moneys derived by the City from the operation of the Electric System shall be diverted or applied to the general gov- ernmental or municipal functions of the City so long as any of the Origi- nal Bonds remain Outstanding. NINTH: The remaining moneys in the Surplus Account may be expended by the City for the purposes set forth in the fourth and fifth paragraphs of Section 10( e) of the Original Ordinances. SECTION 5.3. Application of Revenues When Original Bonds are No Longer Outstanding. From and after the time when no Original Bonds issued under the Original Ordinances shall be Outstanding, the Operation and Maintenance Account, the Sinking Fund Accounts for Original Bonds, the Reserve Accounts for Original Bonds, the Deprecia- 47 tion and Emergency Reserve Account and the Surplus Account shall ipso facto be abolished and from and after such time, in each month the mon'eys in the Electric Revenue Fund shall be applied in the amounts and in the order of priority set forth in this Section. In the event that in any month the moneys in the Electric Revenue Fund are insufficient to make in full in the order of priorities set forth in this Section the credits, reservations, and payments required by the provision of this Section, such credits, reservations and payments shall be made in such manner in order of priority to the fullest extent possible, an item having higher priority being satisfied in full (including the making up of any deficien'cies) before an item having a lower priority. The amount of any deficiency in a credit, reservation or payment over to or for a priority item shall be added to the requirement for such item in succeed- ing months until such deficiency is satisfied. FIRST: There shall be reserved in the Electric Revenue Fund each month such amounts as shall be necessary to pay the Operating Expenses during the ensuing month, which amounts so reserved shall be used for and applied to such payments in such month or, to the extent not so applied, in succeeding months. SECOND: There shall next be paid from the Electric Revenue Fund for deposit in the Bond Fund to be credited to the Debt Service Account and the Reserve Account therein, simultaneously and without preference of one over the other, with consideration given to and allowance made for moneys deposited in, credited or accrued to the Debt Service Account and the Reserve Account, the following: (a) Payments into the Debt Service Account in the Bond Fund required by subparagraphs (a), (b) and (c) of paragraph SIXTH of Section 5.2 as lon'g as any of the Bonds are then Outstanding. (b) Payments into the Reserve Accolmt required by subpara- graph (d) of paragraph SIXTH of Section 5.2 as long as any of the Bonds are then Outstanding. Moneys in the Debt Service Account shall be transmitted by the Trustee without further authorization or direction from the City to the 48 Paying Agents prior to the date upon which any interest is due on the Bonds and prior to the date upon which any principal is due on the Bonds pursuant to a stated maturity, a sinking fund installment or a notice of redemption, as the case may be. In the event that there shall be a deficiency in the Debt Service Account in the Bond Fund, and if moneys in the Electric Revenue Fund are not deposited with the Trus- tee in an amount sufficient to make up any deficiency, the Trustee shall promptly make up such deficiency from the Reserve Account by the withdrawal of cash therefrom for that purpose and by the sale or redemption of obligations held in: the Reserve Account, if necessary, in such amounts as will provide cash in the Resp.rvB A.ccount sufficient to make up any such deficiency. Moneys set aside from time to time with the Paying Agents for the purpose of paying the principal of and premium, if any, and the interest on the Bonds shall be held in trust for the holders of the Bonds and appurtenant coupons in respect of which the same shall have been so set aside. Until so set aside, all moneys in the Bond Fund shall be held in trust for the benefit of the holders of all Bonds at the time Outstand- ing, equally and ratably. Whenever the amounts on deposit in the nond Fund shall be suffi- cient to provide moneys to retire all Bonds then Outstanding, including such interest thereon as thereafter may become due and payable and any premiums upon redemption thereof, no further payments need be made into the Bond Fund. All moneys remaining in the Bond Fund after provisions for the payment in full of the principal of and pre- mium, if any, and interest on the Bonds shall be returned to the Elec- tric Revenue Fund. THIRD: There shall be paid from the Electric Revenue Fund for deposit in the Capital Improvement Fund the amounts provided for by Section 7.2 of this Ordinance. MoneY's in said account shall be used for the purposes specified in said Section 7.2. FOURTH: Within 120 days after the end of each Fiscal Year, the City shall next have the right to withdraw from the Electric Rev- 49 enue Fund and to pay into the general fund of the City an amount equal to :five percent (5%) of Operating Revenues less Operating Ex- penses for such Fiscal Year, such payment being in lieu of taxes. No withdrawal from the Electric Revenue Fund and payment to the City hereinbefore authorized shall be made at any time when the City shall be in default in the performance of any covenant or agreement con- tained in the Ordinance or when such withdrawal would cause the City to be in default in the performance of any such covenant or agreement. Except as aforesaid, no moneys derived by the City from the operation of the Electric System shall be diverted or applied to the general gov- ernmental or municipal functions of the City so long as any of the Bonds remain Outstanding. FIFTH: Subject to the last sentence of paragraph FOURTH above, all moneys remaining in the Electric Revenue Fund, other than moneys reserved therein for payment of Operating Expenses, after making provision ror payments required to be made into the Bond Fund and the Capital Improvement Fund and any withdrawals by the City pursuant to paragraph FOURTH above may be expended ror any lawful purpose of the Electric System. SECTION 5.4. Creation of Construction Fund. There is hereby created a special fund of the City to be known as the "Construction Fund", which shall be held and disbursed by the City. (a) Withdrawals of the proceeds or the 1977 Bonds on deposit in the Construction Fund shall be made only to provide for the payment of the Costs of Construction, or to reimburse the Sur- plus Account as long as any of the Original Bonds are Outstanding, and the Electric Revenue Fund from and after the time no Original Bonds shall be Outstanding, for moneys expended for such pur- poses or to reimburse the City for payment of Costs of Construc- tion advanced from time to time, when such payments have been approved by the appropriate City official. (b) Amounts in the Construction Fund shall be applied to the payment when due of principal of and interest on the Bonds to the extent that other moneys are not available therefor, and such amounts are hereby pledged as additional payments to the Bond Fund to the extent required to make up such deficiency. 50 (c) Whenever the purposes for which the Construction Fund (or any other construction fund in which is deposited the proceeds of Additional Bonds) has been created have been satisfied, any balance then remaining therein may be transferred to any other construction fund and such Construction Fund (or fund) closed. '1'0 the extent not so transferred, such balance shall be deposited in the Reserve Account unless and until there shall be on deposit therein an amount equal to the Reserve Account Requirement, and any amount of such balance then remaining shall he transferred to the JDlectric Revenue Fund and, if in excess of fifty thousand dollars ($50,000), shall be used to purchase or redeem Bonds, such purchases and redemptions to be made by the City in accordance with the provisions of subparagraph (c) of paragraph SIX'1'H of Section 5.2 hereof. SECTION 5.5. Disposition of Bond Proceeds. The proceeds, includ- ing ,accrued interest, of the 1977 Bonds shall be applied simultaneously with the delivery of such Bonds as follows: (a) The City shall deposit in the Bond Fund for credit to the Debt Service Account therein, an amount equal to the interest pay- able on the 1977 Bonds from the date thereof to and including August 1, 1981. (b) The City shall deposit in the .construction Fund the bal- ance of the proceeds of the 1977 Bonds. The proceeds of the sale of all series of Additional Bonds shall be deposited, disbursed and applied as provided in the Series Ordinance or Ordinances authorizing the issuance of such Bonds. ,SECTION 5.6. Investment of Funds. Moneys held in the Reserve Accounts for Original Bonds, the Depreciation and Emergency Reserve Account and the Surplus Account may be invested by the City as pro- vided in Section 11 of the Original Ordinances. From and after the time no Original Bonds shall be Outstanding, moneys in the Electric Revenue Fund shall, to the fullest extent prac- ticable, be invested in Investment Securities maturing at such times and in such amounts as shall be required to provide moneys to make pay- ments required to be made from said Fund. 61 Moneys held for credit to the Debt Service Account in the Bond Fund shall, to the fullest extent practicable and reasonable, be invested by the Trustee at the direction of the City in Investment Securities which shall mature prior to the respective dates when the moneys held for the credit of such Account will be required for the purposes intended. Moneys in the Reserve Account in the Bond Fund not required for immediate disbursement for the purposes for which said Account is created shall, to the fullest extent practicable and reasonable, be in- vested and reinvested by the Trustee at the direction of the City solely in, and obligations deposited in said Reserve Account shall be, Invest- ment Securities maturing, or subject to redemption at the option of the holder thereof, within ten (10) years from the date of such invest- ment (but maturing prior to the final maturity date of the Bonds). The Trustee shall not be liable for any depreciation in value of any such investment. Moneys held in the Capital Improvement Fund shall be invested as provided in Section 7.2 and income resulted from such investments shall be applied as provided in such Section. Moneys in the Construction Fund (or any construction fund that may be established with the proceeds of Additional Bonds) not required for immediate disbursement for the purpose for which such moneys are being held shall be invested and reinvested to the extent reasonably practicable by the City (or, in the case of any construction fund established with the proceeds of Additional Bonds by either the construction fund trustee appointed to hold the same, at the direction of the City, or the City, if it is the custodian of such fund) in Invest- ment Securities maturing in such amounts and at such times as is anticipated by the, City that such moneys will be required to pay the Costs of Construction to be satisfied from such Fund (or fund). All income resulting from the investment or reinvestment of moneys held in the Reserve Account for Original Bonds, the Deprecia- tion and Emergency Reserve Account and the Surplus Account shall 52 be applied as provided in Section 11 of the Original Ordinances. All income resulting from the investment or reinvestment of moneys held in the Electric Revenue Bond and in the Debt Service Account and the Re'serve Account in the Bond Fund pursuant to this Section shall be treated as Revenues, and shall be deposited in the Electric Revenue Fund. Earnings on the investment of moneys in the Construction Fund (or any construction fund that may be established with the proceeds of Additional Bonds) shall be deposited in such ]'und (or fund). Expenses of purchase, safekeeping, sale and redemption and all other expenses attributable to such investments shall be treated as expenses of the Construction Fund (or fund). ARTICLE VI DEPOSITARIES; ApPOINTMENT, QUALIFICATION, RESIGNATION, RENEWAL, POWERS, DUTIES AND LIABILITIES OF, TRUSTEE AND PAYING AGENTS SECTION 6.1. Deposit'aries. All moneys in the Electric Revenue Fund and the Construction Fund shall be deposited in the name of the City in banks and trust companies selected by the City as depositaries.. All moneys deposited with any depositary at any time shall be secured in the manner then prescribed by the laws of the State of Nebraska for the securing of funds of the City. SECTION 6.2. Tntstee. The First National Bank of Chicago, Chi- cago, Illinois, is hereby appointed Trustee. The Trustee shall signify its acceptance of the duties and obligations imposed upon it by this Ordinance as such 'rrustee by executing and delivering to the City a written acceptance of the provisions of this Ordinance. The Trustee may be removed for cause at the request of and upon the affirmative vote of the holders of more than fifty percent (50%) of the principal amount of Bonds Outstanding. In the event of the removal, resignation, disability or refusal to act of the Trustee, a successor may be appointed by the 53 holders of more than fifty percent (50%) of the principal amount of Bonds Outstanding, excluding any Bonds held by or for the account of the City, and such successor shall have all the powers and obliga- tions of the Trustee under this Ordinance theretofore vested in its predecessor, or in any Bondholders' Committee created under Article IX; provided, that, unless a successor Trustee shall have. been appointed by the holders of Bonds as aforesaid, the City by a duly adopted ordinance shall forthwith appoint a Trustee to fill such vacancy until a successor Trustee shall be appointed by the holders of Bonds as authorized in this Section. Any successor Trustee appointed by the City shall immediately and without further act be superseded by the 11rustee appointed by the holders of Bonds. Any company into which the Trustee may be merged or with which it may be consolidated or any company resulting from any merger or consolidation to which it shall be a party or any company to which the Trustee may sell or transfer all or substantially all of its corporate trust business shall, upon the consummation of such merger, consolidation, sale or transfer, become successor Trustee; provided, that such company otherwise qualifies for the office as provided in this Section. SECTION 6.3. Resignation of Tru,stee. The Trustee may at any time resign and be discharged of its duties and obligations under this Ordi- nance by giving not less than sixty (60) days' written notice to the City and publishing notice thereof, specifying the date when such resignation shall take effect, once in each week for three successive calendar weeks in the manner provided in Section 10.2 hereof, and such resigna- tion shall take effect upon the day specified in such notice unless pre- viously a successor shall have been appointed by the City or the Bondholders as above provided, in which event such resignation shall take effect immediately on the appointment of such successor. SECTION 6.4. Appointment of Paying Agents; Each Paying Agent tOI Hold Money in Trust. The City shall appoint a Paying Agent or Agents for each series of Bonds, which in the case of the 1977 Bonds 64 shall be a bank or trust 'company in each of the City of New York and in the States of Nebraska land illinois, and in the cas:e of each series of Additional Bonds shall be a bank or trust company in the city or cities specified in the Series OrdinaneJe authorizing such series of Additional Bonds, J3.nd the Bonds of each such series and the interest thereon shall be payable at the principal offices of each such Paying Agent or Paying Agents, in such cities. Each Paying Agent shall hold in trust for the benefit of the Bondholders and the Trustee all sums held by such Pay- ing Agent for the payment o'f the principal of and premium, if any, and interest on the Bonds. Anything in this Secti'on to the con- trary notwithstanding, the City may at any time, for the purpose of obtaining a satisfaction and discharge of this Ordinance, or for any other reasan, cause ta be paid ta the Trustee all sums held in trust by any Paying Agent hereunder as required by this Sectian, which sums shall be held by the Trustee upan the trusts herein cantained, and such Paying Agent shall thereupan be released fram all further liability with respect to such sums. >SECTION 6.5. Action by Trustee in Payment of Bonds. The appro- priate accounts af the Bond Fund shall be drawn upan by the Trustee far the purpase of paying the principal af and premium, if any, and interest on the Bands or transferring maneys ta the Paying Agents far that purposle. SECTION 6.6. Duties and Obligations of Trustee. The duties and abligation af the Trustee appointed by '01' pursuant to the pra- visians af this Ordinance priar ta the accurrence af an Event af Default (hereinafter defined), and subsequent ta the curing af such Event af Default, shall be determined salely by the express pravisians af this Ordinance, and such Trustee shall nat be liable far any actian af any ather trustee and shall nat atherwise be liable except far the per- farmance af its duties and obligatians as specifically set farth herein and to act in gaad faith in the perfarmance thereof, and na implied duties '01' obligatian shall be incurred by such Trustee ather than thase specified herein, and such Trustee shall be pratected when acting in gaod faith and up an advice af caunsel, who may be caunsel ta the City. 55 In case an Event of Default has occurred which has not been cured, such Trustee shall exercis,e such of the r~ghts and powers vested in it by this Ordinance and use the same degree of care and skill in the exercise thereof as a prudent man would exercise or use under the circumstances in the conduct of his own affairs. The Trustee shall not be deemed to have knowledge of any Event of Default not known to such Trustee. SECTION 6.7. Evidence on Which Trustee and Paying Agents May Act. Subject to the provisions of Section 6.6 hereof, the Trustee may conclusively rely, as to the correctness of the sltatements, conclusions and opinions expressed therein, upon any certificate, report, opinion or other document furnished to such Trustee pursuant to any pro- visions, of this Ordinance. Except as otherwise expressly provided in this Ordinance, any request, consent, certificate, demand, notice, order, appointment, or other direction made or given by the City to such rrrustee or the Paying Agents shall be deemed to have been sufficiently made or ,given by the proper party or parties if executed on behalf of the City by its Mayor. SECTION 6.8. When Trustee Not Required to Act. None of the pro- visions contained in this Ordinance shall require the Trustee to Ispend or risk its own funds or otherwise incur individual financial responsi- bility in the performance of any of its duties or in the exercise of any of its right or powers, if there are reasonable grounds for believing that the repayment thereof is not reasonably assured to it under the terms of this Ordinance. SECTION 6.9. Compensation of Trustee and Paying Agents. The Trustee and the Paying Agents shall be entitled to reasonable compen- sation for all services rendered by them in the execution, exercise and performance of any of the powers and duties to be exercised or per- formed by the Trustee and the Paying Agents, respectively, pursuant to the provisions of this Ordinance or any Series Ordinande, and the Oity will payor reimburse the Trustee and the Paying Agent upon request for all expenses, disbursements and advances incurred or made by the 56 Trustee or Paying Agents, as the case may be, in accordance with any of the provisions hereof (including the reasonable compensation and expenses and disbursements of counsel for the Trustee, or Paying Agents, as the case may be, and of any persons not regularly in the employ thereof). Subject to the provisions of Section 6.6 hereof, the Trustee shall be entitled to indemnity from the City against any loss, liability or expense incurred on the part of the Trustee arising out of or in connection with the acceptance or administration of the powers and duties of the trust created pursuant to the provisions of this Ordi- nance, including the cost and expense of defending against any claim or liability in the premises, and, to the extent permitted by law, the Trustee shall have a lien or claim for payment of such compensation, expenses and disbursements of counsel, losses, liabilities and expenses prior to that of the holders of the Bonds upon any funds held by it under thi s Ordinance. SECTION 6.10. No Li,ability of Trustee for Oorrectness of Recitals. The Trustee shall not be responsible in any manner whatsoever for the correctness of the recitals, statements and representations herein or in the Bonds or in the coupons, all of which are made by the City solely. The Trustee makes no representation as to the value or condition of the Electric System, or any part thereof, or as to any addition or im- provement to the Electric System, or as to the right, title and interest of the City in the Electric System or any addition or improvement to the Electric 'System, or as to the lien created by this Ordinance, or as to the validity of this Ordinance or of the Bonds issued hereunder, and the Trustee shall incur no liability or responsibility in respect of any such matters. The Trustee shall not have any responsibility as to the amount of Bonds issued or Outstanding at any time. SECTION 6.11. Rights of Trustee to Deal in Bonds and Any Other Obligations of the City. Subject to the provisions of Section 6.6, in case at any time it shall be necessary or desirable for the Trustee to make any investigation respecting any fact preparatory to taking or not tak- ing any action or doing or not doing any thing, and in any case in which 57 this Ordinance provides for permitting or taking any action, the Trus- tee may rely upon any certificate required or permitted to be filed with it under the provisions of the Ordinance, and any such certificate shall be evidence of such fact to protect it in any action that it mayor may not take or in respect of any thing it mayor may not do, by reason of the supposed existence of such fact. 'The Trustee and its directors, officers, employees or agents may in good faith buy, sell, own and hold any of the Bonds or coupons issued under the provisions of this Ordinance, and may join in any action which any Bondholder may be entitled to take with like effect as if such Trustee were not the Trustee under the Ordinance. The Trustee may in good faith hold any other form of indebtedness of the City; own, accept or negotiate any drafts, bills of exchange, acceptance or obliga- tions thereof; make disbursements therefor and enter into any com- mercial or business arrangement therewith. The Trustee shall not be deemed to have any conflict of interest solely by reason of any such transaction. ARTICLE VII COVENANTS TO SECURE BONDS The City covenants and agrees with the purchasers and holders of the Bonds from time to time Outstanding under this Ordinance, that so long as any of the Bonds are Outstanding hereunder: SECTION 7.1. Compliance with Original Ordinances; Amendments Thereof; Incurring of Debt Thereunder; Payments into Sinking Fund Accounts, and Reserve ACCOl1,ntS Thereunder. So long as any of the Original Bonds are Outstanding, the City shall comply in all respects with each of the provisions, covenants and agreements of or contained in the Original Ordinances. r-Che City will not hereafter consent to or agree to any Change, amendment or modification of the Original Ordinances which would in any way or manner prejudice or affect adversely the ri,ghts or interests of the holders of the Bonds. 58 The City will not hereafter issue honds, notes, certificates of indebtedness or other evidences of indebtedness or incur any other form of indebtedness under the Original Ordinances except for Original Bonds issued in exchange for Original Bonds presently Outstanding. The City shall apply amounts set aside in the Sinking Fund Accounts for Original Bonds solely for the payment of the principal of and premium, if any, and interest 'on the Original Bonds. As soon as moneys on deposit under the Original Ordinances in the Sinking Fund Accounts for Original Bonds and in the Reserve Accounts for Original Bonds are sufficient to pay the entire amount of principal on the Orig- inal Bonds, and the interest to accrue thereon to the earlier of the maturity thereof or the first practicable date upon which they can be redeemed in accordance with their terms, and the premiums, if any, upon all such Original Bonds to be redeemed, the City shall cause all the moneys on deposit in said Sinking Fund Accounts and Reserve Accounts for Original Bonds to be applied to the payment of said Original Bonds on such maturity date or redemption date, and to that end shall cause such Original Bonds to be called for redemption, pub- lish and give such notices of redemption as shall be required by the Original Ordinances, payor cause to be paid all the sums payable and well and truly keep and perform all of the things required to be kept and performed by the City according to the true intent and meaning of the Original Ordinances, so that the lien of the Original Ordinances shall be cancelled and discharged. -- SEOTION 7.2. Minirwum Yearly Expenditure for Capital Improve- ments. Within one hundred twenty (120) days after the end of each Fiscal Year, beginning with the Fiscal Year ending July 31, 1978, so long as any Bonds shall be Outstanding, the, City will withdraw from the Surplus Account as long as any Original Bonds shall be Outstand- ing, and from the Electric Revenue Fund from and after the time when no Original Bonds shall be Outstanding, for deposit in the Capital Improv-ement Fund, an amount at least equal to ten percent (10%) of the average annual Operating Revenues for the preceding three Fiscal Years after deducting therefrom "fuel" expense and the energy related components 'of "purchased power" expense, !as such expenses are deter- mined in -accordance with the Uniform System of Accounts. Subject 59 to the Original Ordinances, amounts deposited in the Capital Imprave- ment Fund shall be expended by the City far replacements, imprave- ments, enlargements, extensians and betterments 'Of the Electric Sys- tem, and such amaunts, at the aptian 'Of the City, shall (a) be expended within twa years as 'Of the date 'Of depasit therein far said purpases, 'Or if nat sa expended within said twa (2) years, shall be used far the purchase 'Or cancellatian 'Or redemptian 'Of Bands 'Or Original Bands in advance 'Of maturity, 'Or (b) be used as pramptly as possible ta pur- chase and cancel 'Or ta redeem Bands or Original Bands in advance 'Of maturity. So lang as anyone of the Original Bonds are Outstanding, any amounts expended by the City from Revenues to retire Original Bonds shall be considered as an expenditure for replacements, im- provements, enlargements, extensians and betterments 'Of the Electric System for the purpase of this Section. Mon:eys held in the Capital Improvement Fund shall, to the fullest extent practicable and reasonable, be invested by the City in Invest- ment Securities which shall mature prior to the respective dates wh~n the moneys held for the credit of such Fund will be required for the purposes intended. All income resulting from the investment 'Or rein- vestment of such moneys shall accrue to and become a part of the Capital Improvement Fund, except that the City, at its aptian, may transfer such income to the Electric Revenue Fund. In the event that income resulting from the investment or reinvestment 'Of moneys held in the Capital Improvement Fund is retained therein, the obligatian 'Of the City, with respect to the Fiscal Year in which such incame is paid to the City to depasit maneys inta the Capital Impravement Fund pur- suant to the first sentence of this Section, shall be reduced by an amaunt equal to the incame resulting from such investment 'Or reinvestment. SECTION 7.3. Rate Oovenant. The City will fix, establish and callect or cause to be fixed, esta:blished and collected rates, talIs, rents and ather charges for electric energy, and all other commodi- ties, services and facilities sold, furnished or supplied thraugh the properties of the Electric System or any part thereof, adequate to provide Revenues sufficient to pay the principal of and premium, if any, and interest on all Original Bonds and Bonds Outstanding, to 60 make the payments required by the Original Ordinances to the Sinking Fund Accounts for Original Bonds, the Reserve Accounts for Original Bonds and the Depreciation and Emergency Reserve Account and by this Ordinance to the Bond Fund, when due, to pay the costs of proper operation and maintenance of the properties of the Electric System, including provision for all necessary repairs, replacemtmts and renew- als thereof and working capital necessary for the operation thereof, to enable the City to make in each Fiscal Yiear the payments or expendi- tures required by Section 7.2 hereof and to pay all other charges and liens whatsoever payable from said Revenues including payments in lieu of taxes referred to in Sections 5.2 EIGHTH and 5.3 FOURTH. SECTION 7.4. To Pay Bonds and Coupons Punctually. The City will duly and punctually pay, or cause to be paid, but only from the Revenues, the principal of and premium, if any, and interest on each and ev:ery Bond on the dates and at the places, and in the manner pro- vided in the Bonds and in the coupons pertaining thereto according to the true intent and meaning thereof, and will faithfully do and perform and at all times fully observe and ke:ep any and all covenants, under- takings, stipulations and provisions contained in the Bonds and coupons pertaining thereto and in this Ordinance and any Series Ordinance. SECTION 7.5. Creation of Liens. Except for the Original Bonds presently Outstanding and Original Bonds issued in exchange for Original Bonds presently Outstanding, the City will not at any time create or permit to accrue or to exist any lien or other encumbrance upon the Revenues pledged hereby, or upon any Revenues at any time derived by the City through the operation by it of the properties of the Electric System or upon any other moneys pertaining to the Electric System which the City may be authorized by applicable law to apply to the payment of the Bonds or upon any funds pertaining to the Elec.- tric System at any time held by the City, or by any Paying Agent, the Trustee, or any depositary for the Electric Revenue Fund, or upon the properties of the Electric System, or any part thereof, unless adequate provision is made in the agreement, mortgage, ordinance, indenture, or other instrument creating such Hen or other encumbrance 61 or indebtedness, or otherwisoe, so that the Bonds shall constitute a lien upon all such Revenues, moneys, funds and other property, prior to any such subsiequent lien or other encumbrance or indebtedness. SECTION 7.6. Sale, Lease or Other Disposition of Properties of the Electric System. So long as any Original Bonds are Outstanding, the City will not sell, lease or otherwise dispose of the Electric System or any material part thereof; provided, however, the City, with the written approval of the Consulting Engineer, may dispose of any prop- erty which has become obsolete, nonproductive or otherwise unusable to the advantage of the City. Any cash proceeds derived from the saloe of such property shall be credited and paid into the Depreciation and Emergency Reserve Account. From and after the time no Original Bonds issued under the Original Ordinances shall be Outstanding and so long as any Bonds are Outstanding, the City "will not sell, lease or otherwise dispose of all or any part of the properties of the Electric System (except such equipment, materials or supplies as may be acquir,ed for the purpose of resale, and such machinery, equipment, tools or other property, real or personal, which shall be or shall have become unservicable, inade- quate, obsolete, worn out, unfit or unadaptoed for use in connection with the operations of any Facility, 'Or no longer necessary or useful in such operations), for a consideration other than money, and if payment thereof be deferred the City shall retain a prior lien or charge on the income and revenues from the property sold, leasied or 'Otherwise dis- posed 'Of until payment of such consideration, plus the costs and expen- ses of the City in servicing such deferred paym:ent sales, is made in full. Prior to any such sale, lease or other disposition thoe City shall cause an appraisal of the property to be sold, leased or otherwise dis- posied of to be made by the Consulting Engineer and filed as provided in Section 7.13 hereof; provided, however, that no such appraisal shall be required for any sale of property for less than Two Hundred Fifty Thousand Dollars ($250,000). The City further covenants and agrees that na such sale, lease or other disposition of such property shall be made until seven (7) days after the date of such filing, or at a price less than the value as shown by such appraisal, or in any ,event f10r such 62 amounts or on such terms as will impair or destroy the ability of the City to eontinue to operate the portion of the properties of the Electric System remaining under the possession, Clontrol and operation of the City in an efficient manner, or to collect and receive therefrom directly or indirectly Revenues sufficient in amount to provide for the required payments into the Bond Fund and for all necessary and proper expen- ses to be thereafter incurred in the operation and maintenance of the properties of the Electric System remaining in the City, the proper renewal, replacement, extension and betterment of said remaining prop- erties, the payments and expenditures r,equired by Section 7.2 hereof, the payment of the cost of all power purchased by the City and dis- tributed through the Electric System and all other charges or liens of whatever nature payable from Revenues. The proceeds of any sale, lease or other disposition of all or any portion of the properties of the Electric System pursuant to the second paragraph of this Section, shall be placed in the Electric Revenue Fund and shall be applied promptly first to make up any deJiciency then exist~ ing in the Bond Fund. Any balance remaining thereafter shall be disposed of as follows: (a) To the extent that such balance represents the proceeds of any sale, lease or other disposition of such properties other than cash sales or advance payments on account of leases or installment sales, such balance may be used for any of the purposes for which other moneys in the Electric Revenue Fund may be used; or (b) To the extent that such balance represents the proceeds of any cash sale or any advance payment on account of a lease or installment sale, such balance shall be used for the purpose of making extensions, betterments or capital improvements to the properties of the Electric System, and any sums not so used shall be used for the purpose of retiring Bonds by purchase or redemp- tion. In the event that the proceeds of any cash sale or any advance payment on account of a lease or installment sale pursuant to the second paragraph of this Section, any moneys received by the City as a result of the transfer of any properties of the Electric System from the City through the operation of law as provided by the next to last paragraph - 63 01 tius ~ection, or moneys in the Capital Improvement Fund or other- wise required pursuant to Section 7.2 hereof to be used to retire Bonds, are to be applied to the purchase or redemption of Bonds, and if more than ane series of Bonds shall then be Outstanding hereunder, the City shall determine from which series such purchases ar redemptians shall be made and may ele,ct that all such purchases or redemptions shall be made from only one series or from more than one series. .Any such purchases of Bonds may be made with or without tenders of Bonds and at either public or private sale, but in any event at a purchase price (including accrued interest and any brokerage or other charge) not to exceed the principal amount thereof, the then applicable r'edemption premium if the Bonds to be purchased are then subject to' redemption or the applicable redemption premium payable on their next ensuing redemption date if the Bonds being purchased are not then subject to redemption, plus accrued interest. All Bonds so purchased ar redeemed shall be cancelled and nat reissued. Any moneys which are to be applied ta the redemption af Bonds shall, prior ta such redemptian, be transferred to and depasited in the Bond Fund to' the credit af the apprapriate account therein. The term "cash sales" as used in this Ordinance shall mean the dispositian of praperty of the Electric System and the transfer af the title thereta upan payment af the purchase price; therefar in lull at the time of such transfer. The term "installment sales" as used in this Ordinance shall mean the sale of property of the, Electric System and the transfer 0'1 titlo thmcta under a contract ar ather agreement whereby the purchase price 0'1 the property is to be paid in installments ave.r a periad af years. In the event that the ownership af the properties of the Electric System, or any part thereof, shall be transferred from the City through the operation of law, any moneys received by the City as a result of any such transfer shall be paid into the Electric Revenue Fund and shall be used fO'r the purpose of making extensions, betterments or capital additions to the remaining part of the Electric System or shall be used to purchase or redeem Bonds and Original Bonds. Nothing contained in this Section shall prevent the City from cr'eat- ing a s,eparate electric utility system pursuant to Section 2.10 hereof. 64 SECTION 7.7. Maintenance of Electric System in Good Condi- tion. The City will at all times maintain, preserve and keep, or cause to be maintained, preserved and kept, the properties of the Electric System and all additions and betterments to and extensions of the said properties, and every part and parcel thereof, in good repair, working order and condition, and will from time to time make or cause to be made all necessary and proper repairs, renewals, replacements, exten- sions and betterments thereto so that at all times the business carried on in connection therewith may be properly and advantageously con- ducted, and the City will ,at all times operate or cause to be operated said properties of the City and the business in connection ther'eiWith in an efficient manner and at a reasonable cost. SECTION 7.8. Payment of Taxes and Other Claims. The City will from time to time duly pay and discharge, or cause to be paid and dis- charged, all taxes, assessments and other governmental charges, or. payments in lieu thereof, lawfully imposed upon the properties con- stituting the Electric System or upon Revenues or income received therefrom when the same shall become due, as well as all lawful claims for labor, material and supplies, which, if not paid, might become a lien or charge upon the said properties or any part thereof, or upon Revenues derived from the operation thereof, or which might in any way impair the security of the Bonds, except any such assessments, charges or claims which the City shall in good faith contest as to validity by appropriate legal proceedings. SECTION 7.9. Insurance. The City will keep, or cause to be kept, its Facilities insured and will carry such other insurance, with respon- sible insurers with policies payable to the City, against fire and other risks, accidents or casualities at least to the extent and of the kinds that insurance is usually carried by corporations operating like properties in the same area. In the event of loss or damage to a Facility as long as any Original Bonds are Outstanding, the City with all reasonable dis- patch will use the proceeds of such insurance in reconstructing and replacing the Facility damaged or destroyed, or if such reconstruction or replacement be unnecessary, then in redeeming and paying Original Bonds then Outstanding. 65 In the event of any loss or damage to a Facility covered by insur- ance from and after the time no Original Bonds shall be Outstanding, the City will, with respect to each such loss, (a) promptly repair and reconstruct, to the extent necessary to the proper conduct of the opera- tions of the 11Jlectric System, the damaged or lost Facility, unless the Facility so lost or damaged was carried in the books and accounts of the Electric System at less than Two Hundred Fifty Thousand Dollars ($250,000) and unless, in the case of loss or damage involving Two Hun- dred Fifty Thousand Dollars ($250,000) or more, such repair and recon- struction shall not be recommended by the Consulting Engineer, and shall apply the proceeds of any insurance covering such damage or loss for that purpose to the extent required therefor, and (b) if the City should not use the entire proceeds of such insurance to repair or recon- struct such damaged or lost Facility, the proceeds of such insurance, or any portion thereof not required for such repair or reconstruction, as the case may be, shall be paid into the Electric Rev:enue Fund, and shall be applied promptly to make up any deficiency then existing in the Bond Fund. If the proceeds of such insurance not ~equired for such repair or reconstruction are in excess of Five Hundred Thousand Dollars ($500,000), such excess insurance proceeds shall be used for th~ purpose of purchasing or redeeming Bonds in accordance with Section 7.6 hereof, or dulling a period of two (2) years following the reooipt thereof, for extensions, betterments and improvements to the Electric System. Within sixty (60) days after the close of each Fisc,al Year the City will file with the Trustee a certificate of the Director of Utility Operations or the Consulting Engineer describing in reasonable detail the insurance then in effect pursuant to the requirements of this Section and all reserves therefor and stating that such insurance and reserves thereof comply in all respects with such requirements. Such certificate shall be conclusive, and the Trustee shaH have no duty or responsibility with respect thereto except to make the same available for inspection by any holder of Bonds, upon request. SECTION 7.10. TO' Make Only Economically Sound Improvements; Adequate Staff. The City will not make any extensions, betterments or improvements to the Electric System which are not economically 66 sound and which will not properly and advantageously contribute to the conduct of the business of the Electric System in an efficient and economical manner unless required to do so by or pursuant to law to permit the continued operation of the Electric System, and will at all times maintain for the operation and maintenance of the Electric System an adequate management and supervisory staff, the personnel of which are experienced and skilled in the operation and management of electric generation, transmission and distribution properties, and business incidental thereto. SECTION 7.11. Books of Account. ':[1he City will keep, or cause to kept, proper books of account in accordance with the Uniform System of Accounts and this Ordinance. rrhe City will cause said books of account to be audited annually as of the end of each Fiscal Year, begin- ning with the Fiscal Year ending July 31, 1978, by a nationally recog- nized firm of independent certified public accountants, and will annually within one hundred twenty (120) days after the close of such Fiscal Year and each Fiscal Year thereafter, iile or cause to be filed with the Trustee copies of its annual report, accompanied by a certificate of such independent public accountant, relating to the Electric System and including the following statements in reasonable detail: (a) a balance sheet of the Electric System as of the end of the preceding Fiscal Year; (b) a statement of income and equity of the Electric System for such Fiscal Year, including a statement of Revenues, Operating Revenues and Operating Expenses of the Electric System for such Fiscal Year; (c) a summary with respect to each Fund and Account con- tinued or created under this Ordinance, the nceipts therein and disbursements therefrom during such Fiscal Year and the amount held therein at the end of such Fiscal Year; (d) a letter from the independent public accountant stating whether anything came to their attention during their examination that would indicate that the City was not in compliance with the covenants, agreements and conditions contained in the Original Ordinances (as long as any Original Bonds shall be Outstanding) and the Ordinance; and (e) a statement of Net Receipts of the Electric System for such Fiscal Year. 67 The T l'ustee shall have no duty or responsibility with respect to such certifi.cate or annual reports, except to furnish copies thereof to any holder of Bonds upon request, and the City shall furnish to the Trustee sufficient copies for that purpose. SECTION 7.12. Design or Construction Engine'er. The City shall, until the Date of Commercial Operation of any Facility for the genera- tion of electric power and energy for which Bonds are authorized here- under, retain a nationally recognized independent enginee,r or engineer- ing firm or corporation having a reputation for skill and experience in the design of facilities for the generation of electric power and energy and estimating the cost thereof, to design and inspect the con- struction of such Facility, to prepare the cost estimates and to perform the other acts and carry out the other duties provided for the Construc- tion Engineer for such F'acility by this Ordinance. SECTION 7.13. Consulting Engineer. The City shall, as long as any of the Bonds are Outstanding, retain a competent consulting engi- neer or engineering firm on a continuous basis for the purpose of providing to the City immediate and continuous engineering counsel in its operation of the properties of the Electric System. Such consult- ing engineer or engineering firm shall be selected with special reference to his or its knowledge and experience in the construction and operation of electric utility systems and may be the Construction Engineer em- ployed by the City in connection with a Facility. The City may also employ the Consulting Engineer as provided in this Section, for making inventories of any of the properties of the Electric System, for pre- paring valuations of all or any part of the properties thereof, and for testifying before any board, commission or other tribunal in matters or proceedings involving the operations and properties of the Electric System. The expenses and fees for any services performed in connec- tion with the Electric System are to be paid out of the Electric Revenue Fund. As a part of such service, the Consulting Engineer shall prepare as of the end of the Fiscal Year ending July 31, 1978, and biennially thereafter a report or survey with respect to the Electric System, the management of the business thereof, and the operation and maintenance 68 of the properties thereof, each such report or survey to be in sufficient detail so as to show whether the City has satisfactorily performed and complied with the covenants set forth in this Ordinance with respect to the efficient management of the properties of the Electric System, and its business, the rates charged for services and the sufficiency thereof under the requirements of this Ordinance, the proper main- tenance of the properties of the Electric System, and the making of necessary repairs, renewals and replacements thereto and thereof, necessity for capital improvements and recommendations in connection therewith, and if the City shall have in any way failed to perform or comply with such covenants and agreements, such report or survey shall specify the details of such failure. In the making of such report 0.1' survey, the Consulting Engineer may rely on the certified statements Qf the Independent Accountant and on the opinions of other engineers or engineering firms or corporations to the extent the Consulting Engineer deems such reliance proper. Each such report or survey shall also include information with respect to sufficiency of PQwer supply and the equity or reasonableness of contracts and rates in connection therewith. Copies of each such report and survey shall be placed on file with the City and with the Trustee, and shall be open to inspection by any holder of Bonds. In the event of any loss or damage to the prQperties of the City involving Two Hundr:ed Fifty Thousand Dollars ($250,000) or more, whether or not covered by insurance, the Consulting Engineer shall a:scertain the amQunt of damage and shall issue and deliver to the City and the Trustee a certificate setting forth such damages and recommen- dations as to whether or not to replace such property. In the event that the properties of the Electric System or any part thereof shall be sold, leased, or otherwise disposed of for a considera- tion of Two Hundred Fifty Thousand Dollars ($250,000) or more, the Consulting Engineer, priQr to any such sale, lease, or Qther disposition of the properties, shall make an examination of the properties to be leased, sold, or otherwise disposed of and shall issue and deliver to the City and the Trustee a certificate setting forth the value of such properties, taking into consideration the loss of Revenues sustained by 69 the properties remaining as a result of such sale, lease, or other dis- position, and also setting forth an estimate of Revenues to be derived from operation of the remaining properties and the sufficiency thereof in terms of the requirements of this Ordinance. The Trustee shall have no duty or responsibility with respect to any of the foregoing documents prepared by the Consulting Engineer, except to make the same available for inspection by any holder of Bonds, upon request. SECTION 7.14. To Maintain Frane.hises and Other Rights. The City will not permit or allow franchises, permits, privileges, ease- ments or other rights necessary or desirable in the operation of the properties of the Electric System to lapse or to be forfeited so long as the same shall be necessary or desirable for said purposes, and will from time to time take reasonable steps to secure the renewal of all such franchises, permits, privileges, easements and rights at the expiration thereof if the same shall expire prior to the maturity of all Bonds then Outstanding. The City shall file all statements, maps and other documents regarding its service area and customers as may be required by law to protect and preserve such area. SECTION 7.15. Employees' Fidelity Bonds. The City will as per- mitted by law require all employees or agencies of the City collecting or handling money in connection with the operation of the properties of the Electric System to obtain fidelity bonds with a responsible surety company or companies as surety, in reasonable amounts permitted by law and usually :retained by municipalities operating like systems. SECTION 7.16. Not to Render Free Service. The City will not furnish or supply or permit the furnishing or supplying of electric energy or any other commodity, service or facility through or in connec- tion with the operation of the properties of the Electric System free of charge to any person, firm or corporation, public or private, so long as any of the Bonds are Outstanding, unless required so to do by the terms of an existing contract or franchise with a political subdivision of the State. -- 70 SECTION 7.17. Transfer of Possession or Oontrol of the Electric System. The City will not hereafter enter into any lease, contract, or agreement (except for cash sales as defined in Section 7.6 hereof) in and by which the possession, operation, management, or, control of the any Facility, or any part thereof, are transferred to any person, firm or corporation, or any municipality or other public agency, except subject to all the terms, conditions, covenants and agreements in this Ordinance and in any Series Ordinance and in any Bonds contained (including without limiting the generality of the foregoing, the provi- sions of Section 7.7 hereof), and upon the further conditions (a) that all payments required to be made to or for the account of the City thereunder shall be a prior charge and lien upon the gross revenues to be derived from the operation of the properties covered by such lease, contract or other agreement; (b) that the Trustee or any Bond- holders' Committee, created as hereinafter provided, representing the holders of Bonds may, in its name ar in the name af the City, enfarce the obligatians af the parties to' any such lease, contract or agreement to the same extent that such abligations may be enfarced by the City; and (c) that neither party to such lease, contract or agreement will at any time insist upan or plead or in any manner whatsaever claim to take the benefit or advantage of any stay or extension law now or at any time hereafter in force which may affect the covenants and agree- ments contained in any such lease, contract or agreement, and in this Ordinance, any Series Ordinance or in the Bonds or coupons pertaining theretO', but all benefit or advantage of any such law or laws shall be therein expressly waived by the said parties. The City further cove- nants that any such lease, contract or agreement shall contain reason- able provisions for the enforcement of the same in the event of a default in the performance of any of the provisions thereof, or in the event of a material violation by either party thereto of any of the covenants or agreements contained in this Ordinance, any Series Ordinance or in the Bonds. The City further covenants and agrees that no lease or sale of any partian of any Facility, including any lease ar sale made pursuant to Sectian 7.6 hereof but exclusive of any lease or sale of equipment, materials or supplies as may be acquired for the purposes of resale and 71 such machinery, equipment, tools or other property, real or personal which shall be or shall become unserviceable, inadequate, obsolete, worn out, unfit or unadapted for use in connection with the operations of any Facility, or no longer necessary or useful in such operations, shall be made where the total consideration therefor is not paid at the time of transfer of the possession of such property, unless the contract of sale or lease shall contain covenants or agreements reserving to the City the following rights and privileges, to-wit: (a) The City shall have the right to make an inspection of any such properties so sold or leased at such times as the City shall deem necessary, the reasonable cost of such inspection to be paid from the operating funds of such properties so sold or leased; (b) The City shall have the right to approve an independent public accounting :firm to be used for the annual audit of the books of any such properties so sold or leased and to supervise the accounting procedure with reference thereto; (c) The City shall have the right to require that monthly progress reports showing such details as the City may request will be rendered to the City by the operators of any such properties so sold or leased, such reports to include as a minimum the following: (i) A report, by type and class of service, of the number of customers receiving service, the total kilowatt hour sales thereto, total revenues therefrom, operating and maintenance expenses in reasonable detail, new construction and progress thereof, new business added, rate changes with estimates of annual revenue changes occasioned thereby, a balance sheet, and cash income and disbursement statements; and (ii) Explanations, accompanying such reports, of any unusual occurrences relative to the properties and the condi- tion thereof. Nothing contained in this Section shall prevent the City from creat- ing a separate electric utility system pursuant to Section 2.10 hereof. SECTION 7.18. Further Assu,rances. At any and all times the City shall, so far as it may be authorized by law, pass, make, do, execute, acknowledge and deliver all and every such further ordinance, resolu- - 72 tion, acts, deeds, conveyances, iassignments, transfers and assurances as may be necessary or desirable for the better assuring, conveying, granting, assigning and confirming all and singular the rights, Reve- nues and other funds hereby pledged or assigned, or intended so to be, or which the City may hereafter become bound to pledge or assign. SECTION 7.19. Arbitrage Provision. The City shall not take, or cause or permit to be taken, any action which would cause a Bond to be an "arbitrage bond" as defined in subsection (c) (2) of Section 103 of the United States Internal Revenue Code of 1954, as amended. To that end the City shall comply with the requirements of subsection (c) of Section 103 of the United States Internal Revenue Code of 1954, as amended, and the applicable regulations of the United States Treas- ury adopted or proposed thereunder, throughout the term of the Bonds. Should a court of competent jurisdiction ever determine that, at the time of issuance and under the reasonable expectations regarding the amount and use of proceeds of the government obligations purchased from the proceeds of lany Bond at that time, that an arbitrage profit would be earned (as defined in Code Sec. 103 (c)), as a result of the investment of bond proceeds by the Trustee at the direction of the City, the City shall pay to the Trustee an amount equivalent to such arbi- tnage profit which the Trustee shall, in turn, remit to the United States Treasury. ARTICLE VIII SUPPLEMENTAL ORDINANCES SECTION 8.1. Adoption of Supplemental Ordinances Without Con- sent of Bondholders. The City may adopt at any time and from time to time and without the consent or concurrence of the holder of any Bond, an ordinance or ordinances supplemental to this Ordinance for anyone or more of the following purposes, and any sue;h supplemental ordinance or ordinances shall become effective in accordance with its terms, upon the filing with the Trustee of a certified copy thereof and the opinion of counsel for the City that such supplemental ordinance 73 has been dilly adopted, the provisions thereof are valid and binding upon the City, and the provisions thereof do not adversely affect the rights of the holders of Bonds then outs,tanding, to wit: (a) To provide for the issuance of Additional Bonds pursuant to Sections 2.5, 2.6 and 2.7 hereof, and to prescribe the terms and conditions pursuant to which such Bonds may be issued, paid or redeemed; (b) To make any changes, modifications, amendments or dele- tions hereto which may be required to permit the Ordinance to be qualified under the Trust Indenture Act of 1939 of the United States of America or laws analagous thereto applicable to gov- ernmental bodies; ( c) To add additional covenants and agreements of the City for the purpose of further securing the payment of the Bonds; provided, that such additional covenants and agreements are not contrary to or inconsistent with the covenants and agreements of the City contained in this Ordinance; (d) To prescribe further limitations and restrictions upon the issuance of Bonds and the incurring of indebtedness by the City payable from the Revenues which are not contrary to or incon- sistent with the limitations and restrictions thereon theretofore in effect; ( e) To surrender any right, power or privilege reserved to or conferred upon the City by the terms of this Ordinance; (f) To confirm as further assurance any pledge unde,r, and the subjection to, any lien, claim or pledge created or to be created by the provisions of this Ordinance of Revenues or of any other moneys, securities or funds; (g) To modify any or the provisions of this Ordinance in any other respects; provided, that such modification shall not be effec- ti\'e until after the Bonds Outstanding as of the date of adoption of such orclinance shall cease to be Outstanding, and any Bonds issued after the date of adoption of such ordinance shall contain a specific reference to the modifications contained in such subsequent ordinance; or (h) With consent of the Trustee, to cure any ambiguity or defect or inconsistent provision in this Ordinance or to insert siUch 74 prOVISIOns clarifying matters or questions arISlll,g under this Ordinance as are necessary or desirable in the event any such modifications are not contrary to or inconsistent with this Ordin- ance as theretofore in effect. SECTION 8.2. Amendments of Ordinance with Consent of Bond- holders. The provisions of this Ordinance may be modified at any time or from time to time by a Supplemental Ordinance, subject to the eon- s,ent of Bondholders in accordance with and subject to the provisions of Article X hereof, such resolution to become effective as provided in said Article. 'SECTION 8.3. Consent of Fiduciaries to Certain Amendments. No ordinance changing, amending or modifying any of the rights or obligations of the Trustee or any other fiduciary may be adopted by the City or be consented to by the Bondholders without the written consent of such Trustee or fiduciary. The Trustee is hereby author- ized to accept the delivery of certified copies of any ordinance amend- ing the provisions of this Ordinance and shall be fully protected in relying upon a certification by the City Clerk that such ordinance has been adopted in full compliance with the terms and provisions of this Ordinance. ARTICLE IX DEFAULTS AND REMEDIES SECTION 9.1. Events of Default. The following shall constitute "Events of Default" : (a) If the City shall default in the performance of any obligation with respect to payments into the Electric Revenue Fund; (b) If default shall be made in the due and punctual payment of the principal of and premium, if any, on any of the Bonds or Original Bonds when the same shall become due and payable, either at maturity or by proceedingsl for redemption or otherwise; (e) If default shall be made in the due and punctual payment of any installment of interest on any Bond or Original Bond, or 75 any sinking fund installment for Bonds when and as such install- ment of interest or sinking fund installment shall become due and payable; (d) If the City shall default in the observance. and perform- ance of any other of the covenants, conditions ana agreements on the part of the City contained in this Ordinance and such default or defaults shall have continued for a period of nin'ety (90) days; ( e) If the City shall (except as herein permitted) sell, trans- fer, assign or convey any properties constituting the Electric SY's- tern or interests therein, or any part or parts thereof, or shall make any agreem:ent for such sale or transfer (except as expressly authorized by this Ordinance), or shall voluntarily forfeit or allow any of its licenses, franchises, permits, privileges, easements or rights of way necessary or desirable in the operation of the Elec- tric System to lapse or terminate prior to the expiration date thereof by neglect or default; (f) If an order, judgment or decree shall be entered by any court of competent jurisdiction (i) appointing a receiver, trustee or liqniClator for the Citv or the whole or any substantial part of the Electric System, (ii) approving a petition filed against the City under the provisions of Chapter IX of An Act to Es.tab~ lish a Uniform System of Bankruptcy Throughout the United States, Approved .July 1, 1898, as amended, (iii) granting relief to the City under any amendment to said Bankruptcy Act which shall give relief subsltantial1y similar to that afforded by said Chapter IX, or (iv) assuming custody or control of the City or of the whole or any substantial part of the Electric System under the provision of any other law for the relief or aid of debtors and such order, judgment or decree shall not be vacated or set aside or stayed (or, in case custody or control is assumed by said order, such custody or control shall not be otherwise terminated), within sixty (60) days from the date of the entry of ,such order, judg- ment or decree; (go) If the City shall (i) admit in writing its inability to pay its debts generally as they become due, (ii) file a petition in bank- ruptcy or seeking a composition of indebtedness, (iii) make an assignment for the benefit of its creditors, (iv) consent to the appointment of a receiver of the whole or any suhstantial part of 76 the Electric System, (v) file a petition or an answer seeking relief under any amendment to said Bankruptcy Act which shall give relief substantially the same as that afforded by said Chapter IX, or (vi) consent to the assumption by any court of competent juris- diction under the provisions of any other law (including Chapter 70, Article 6, Reissue Revised Statutes of Nebraska of 1943) for the relief or aid of debtors of custody or control of the City or of the whole or any substantial part of the Electric System; (h) If there shall have been a default under the Original Ordinances which permits the holdem of the Original Bonds to accelerate the maturities of the Original Bonds. SECTION 9.2. Inspection of City's Books and Records. The City covenants that if an Event of Default shall have happened and shall not have been remedied, the books of record and account of the City and all other records relating to the Electric System shall at all times be subject to the inspection and use of the Trustee and any persons holding at least twenty-five percent (25%) of the principal amount of Bonds Outstanding and of their respective agents and attorneys. The City covenants that if an Event of Default shall happen and shall not have been remedied, the City will continue to account, as a trustee of an express trust, for all Revenues and other moneys, secu- rities and funds pledged under this Ordinance. SECTION 9.3. Acceleration of Maturity; Payment of Funds to Trustee; Application of Revenues. If an Event of Default specified in subsections (b), (c), or (h) of Section 9.1 shall have occurred and be continuing, then the Trustee or a Bondholders' Committee, as the case may be, may by notice in writing delivered to the City and to the Trus- tee, declare the, principal of all Bonds then Outstanding and the inter- est accrued thereon immediately due and payable, and such principal and interest shall thereupon become and be immediately due and pay- ruble; provided, however, that such declaration may be annulled by the Trustee or the Bondholders' Committee, as the case may be, if such an Event of Default is no longer continuing and if the maturities of the Original Bonds are not or are no longer accelerated. 77 The City covenants that if an Event of Default shall happen and shall not have been remedied, the City upon demand of the Trustee, shall pay over to the Trustee (a) forthwith, all moneys, securities and funds then held by the City and pledged under this Ordinance and (b) as promptly as practicable after receipt thereof, all Revenues. During the continuance of an Event of Default, Revenues received by the Trustee, or Bondholders' Committee, as the cwse may be, whether pur<suant to the provisions of the preceding paragraph, or as the result of taking possession .of the business and properties of the Electric System, shall be applied by the Trustee or Bondholders' Com- mittee, as the case may be, subject to the rights of the holders of the Original Bonds then Outstanding, first to the payment of all necessary and proper Operating Expenses and all other proper disbursements or liabilities made or incurred by the Trustee, or Bondholders' Committee, as the case may be, and thereafter to the payment of all arrears of interest on the Bonds, so far as such net revenues will go, or to the payment pro rata of the interest due on the Bonds when there is not enough to pay in full all the interest, and, after the payment of interest as aforesaid, to the payment of the principal of the Bonds which by the terms thereof shall be due and payable, or to the payment pro rata of such principal when the moneys are not sufficient to pay all such principal in full. If and whenever all overdue installments of interest on all Bonds, together with the reasonable and proper charges, expenses and liabili- ties of the Trustee and the holders of Bonds, their respective agents and attorneys, and all other sums payable by the City under the Ordi- nance including the principal and premium, if any, on all Bonds which shall then be payable, shall either be paid in full by or for the account of the City, or provision satisfactory to the Trustee shalll:ie made for such payment, and all defaults under this Ordinance or the Bonds shall be made good or secured to the satisfaction of the Trustee or provision deemed by the Trustee to be adequate shalll:ie made therefor, the Trus- tee, or the Bondholders' Committee, as the case may be, shall pay over to the City all moneys, securities, funds and Revenues then remaining unexpended in the hands of the Trustee or the Bondholders' Committee, 78 as the case may be (except moneys, securities, funds or Revenues deposited or pledged, or required by the terms of this Ordinance to be deposited or pledged, with the Trustee), control of the Electric System shall be restored to the City, and thereupon the City and the Trustee shall be restored, respectively, to their former positions and rights under this Ordinance, and all Revenues shall thereafter be applied as provided in Article V. No such payment over to the City by the Trus- tee or resumption of the application of Revenues as provided in Article V, shall extend to or affect any subsequent default under this Ordinance or impair any right consequent thereon. SECTION 9.4. iSuits at Law or in Eq~tity; Direction of Actions by Bondholders; Possession of Electric System; Receivership. If an Event of Default shall happen and shall not have been remedied, then and in every such case, the Trustee, either in its own name or as trustee of an express trust, or as attorney in fact for the holders of the Bonds and the coupons appurtenant thereto, or in anyone or more of 'Such capacities, by its agents and attorneys, shall be entitled and empow- ered to proceed forthwith to institute such suits, actions and proceed- ings at law or in equity for the collection of all sums due in connection with the Bonds and to protect and enforce its rights and the rights of the holders of the Bonds under this Ordinance for the specific perform- ance of any covenant herein contained, or in aid of the execution of any power herein granted, or for an accounting against the City as trustee of an express trust, or in the enforcement of any other legal or equit- able right as the Trustee, being advised by counsel, shall deem most effectual to enforce any of its rights, or to perform any of its duties under the Ordinance. The Trustee shall be entitled and empowered either in its own name or as a trustee of an express trust, or as an attorney in fact for the holders of the Bonds and the coupons appur- tenant thereto, or in anyone or more of such capacities, to file such proof of deM, amendment of proof of debt, claim, petition or oth~r document as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Bonds and of the coupons appurtenant thereto allowed in any equity, receivership, insolvency, bankruptcy, liquidation, readjustment, reorganization or other similar 79 proceedings relative to the City. For this purpose the Trustee is here- by irrevocably appointed the true and lawful attorney in fact of the respective holders of the Bonds and of the coupons appurtenant thereto (and the successive holders of the Bonds and of the coupons appur- tenant thereto by taking and holding the same shall be conclusively deemed to have so appointed the Trustee) with authority to make and file in the respective names of the holders of the Bonds any such proof of debt, amendment of proof of debt, claim, petition or other docu- ment in any such proceedings, and to receive payment of any sums becoming distributable on account thereof, and to execute any such other papers and documents and to do and perform any and all acts and things for and on behalf of the holders of the Bonds and of the coupons appurtenant thereto as may be necessary or advisable in the opinion of the Trustee in order to have the respective claims of the Trustee and of the holders of the Bonds and of said coupons allowed in any such proceedings and to receive payment of and on account of SUCll claims; provided, however, that nothing contained herein shall be deemed to give the Trustee any right to accept or consent to any plan of reorganization or compromise or otherwise take any action of any character in any such proceeding to waive or change in any way any right of any holder of Bonds or coupons appurtenant thereto. .All rights of action under this Ordinance may be enforced by the r:rrustee without the possession of any of the Bonds or coupons or the production thereof at trial or other proceedings. The holders of not less than a majority in principal amount or the Bonds at the time Outstanding, may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred upon the Trustee, provided that the Trustee shall be provided with reasonable security and indemnity and shall have the right to decline to follow any such direction only (a) if the Trustee shall be advised by counsel that the action or proceeding so directed may not lawfully be taken; or (b) if the Truste'e in good faith shall determine that the action or proceeding so directed would involve the Trustee in personal liability or that the action or proceeding so directed would be unjustly prejudicial to the holders of Bonds not parties to such direction. 80 At any time after the occurrence of an Event of Default and prior to the curing of such Event of Default, the 'l'rustee or the Bond- holders' Committee, as a matter of r~ght against the City, without notice or demand, and without regard to the adequacy of the security for the Bonds, shall, to the extent permitted by law, be entitled to take possession and control of the business and properties of the Electric System. Upon taking such poss,ession, the Trustee or the Bondholders' Committee shall operate and maintain the Electric System, make any necessary repairs, renewals and replacements in respect thereof, presicribe rates and charges for power and energy sold, furnished or supplied through the facilities of the Electric Sys- tem and collect the Revenues. At any such time the Trustee or the Bondholders' Committee shall be entitled to the appointment of a receiver of the business and property of the Electric System, thfl moneys, securities and funds of the City pledged under this Ordinan~e, and the Revenues thereof, and the income therefrom, with power to operate and maintain the Electric System, collect, receive and apply the Revenues, thereof and prescribe rates, tolls and charges in the same way as the City m~ght do. Notwithstanding the appointmput of any receiver, the Trustee shall be entitled to retain possession and control of and to collect and receive income from any moneys, secu- rities, funds, and Revenues deposited or pledged with it under this Ordinance or agreed or provided to be delivered to or deposited or pledged with it under this Ordinance. The Trustee may without the happening of an Event of Default and, at the request of the holders of not less than a majority of th~ Bonds then Outstanding and upon being furnished with reasonable s,ecurity and indemnity, shall take such steps and institute such suits, actions or proceedings in its own name, or as trustee, or in the naree of the City, all as the Trustee may deem appropriate, for the prot"c- tion and enforcement of the r~ghts of the holders of Bonds and the coupons appurtenant thereto, to collect any amount due and owing the City, or by injunction, mandamus, foreclosure or other appropriate procee.ding in law and in equity to obtain other appropriate relief. 81 SEOTION 9.5. Suits by Individual Bondholders; Bondholders' Committee. Except as otherwise specifically provided in this Section, no holder of any of the Bonds or coupons shall have any right to institute any suit, actio,n or proceeding in equity or at law for the enforcement of any provision of this Ordinance or the execution of any trust under this Ordinance or for any remedy under this Ordinance unless such holder previously shall have given to the Trustee written notice of the Event of Default, as provided in this Article on account of which such suit, action or proceeding is to be instituted, and unless, also, the holders of not less than twenty percent (20%) in aggregate principal amount of the Bonds then ,outstanding shall have filed a writ- ten request with the Trustee after the right to exercise such powers or right of action, as the case may be, shall have occurred, and unless, also, there shall have been offered to the Trustee reasonable security and indemnity against the costs, expenses and liabilities to be incurred therein or thereby, and the Trustee for a period of sixty (60) days after the receipt by it of such notice, request and offer of indemnity shall have failed to proceed to exercise such powers or to institute any such action, suit or proceeding, and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 9.4 hereof; it being understood and intended that, except as otherwise above provided, no one or more holders of the Bonds shall have any r~ght in any manner whatsoever by his or their action to affect, disturb or prejudice the pledge created by this Ordinance, or to enforce any right under this Ordinance except in the manner herein provided and that all proceedingsl at law or in equity shall be instituted, had and maintained in the manner herein provided for the benefit of holders of such Outstanding Bonds and coupons. Without limiting the generality of Article X hereof, at any time after the occurrence of an Event of Default and prior to the curing of such Event of Default, the holders of not less than twenty percent (20%) in principal amount of the Bonds then Outstandin,g may call a meeting of the holders of Bonds for the purpose or electing a Bond- holders' Committee. Such meeting shall be called and proceedings 82 thereat shall be conducted as provided for other meetings of Bond- holders pursuant to Article X hereof. At such meeting the holders of not less, than a majority of the principal amount of the Bonds then Outstanding must be present in person or by proxy in order to con- stitute a quorum for the transaction of business, less than a quorum, however, having power to adjourn from time to time without any notice other than the announcement thereof at the meeting. A quorum being present at such meeting, the Bondholders present in person or by proxy may, by the votes cast by the holders of a majority in principal amount of the Bonds so present in person or by proxy, elect one or more persons who mayor may not be Bondholders to the Bondholders' Committee which shall act as, trustee for all Bondholders. The Bond. holders present in person or by proxy at said meeting, or at any adjourned meeting thereof, shall prescribe the manner in which the successors of the personSI elected to the Bondholders' Committee at such Bondholders' meeting shall be elected or appointed, and may pre'scribe rules and regulations governing the exercise by the Bond. holders,' Committee of the power conferred upon it herein, and may provide for the termination of the existence of the Bondholders' Com- mittee. Notwithstanding the provisions of Section 6.2, the Bondholders' Committee may, with the consent of the holders of not less than fifty percent (50%) of the principal amount of Bonds Outstanding, remove the Trustee. After the removal of the Trustee pursuant to the provi- sions of this Section and prior to the appointment of a successor Trustee pursuant to the provisions of Section 6.2 hereof, the members of the Bondholders' Committee elected by the Bondholders in the man- ner herein provided, and their successors, as a committee will be deemed to be trustees for the holders of all the Bonds then Outstanding, and may exercise in the name of the Bondholders' Committee as trustee, all the rights and powers conferred in this Article IX on the Trustee or any Bondholder. Nothing in this Ordinance or in the Bonds or in the coupons con- tained shall affect or impair the obligations of the City, which is absolute and unconditional, to pay at the respective dates of maturity and places therein express,ed the principal of and premium, if any, and 83 interest on the Bonds to the respective holders thereof, or affect or impair the rights of action, which are also absolute and unconditional, of any holder to enforce the payment of his Bonds, or to reduce to judgment his claim against the City for the payment of the principal and interest on his Bonds, without reference to or consent of the Trustee or any other holder of Bonds. SECTION 9.6. Remedies Not Exclusive. No remedy by the terms of the Ordinance conferr:ed upon or reserved to the Trustee or the holders of the Bonds is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Ordinance or existing at law or in equity or by statute on or after the date of adoption of this Ordinance. SECTION 9.7. Waivers of Default. No delay or omISSIOn of the Trustee or of any holder of Bonds to exercise any right or power arising upon the happening of an Event of Default shall impair any right or power or shall be construed to be a waiver of any such Event of Default or to be an acquiescence therein; and every power and r:emedy given by this Article to the Trustee or to the holder of Bonds may be e~ercised from time to time and as often as may be deemed expedient by the Trustee or by such hoMers. The holders of not less than sixty-six and two-thirds per cent (66% %) in principal amount of the Bonds at the time Outstanding, or their attorn'eys in fact duly authorized, may on behalf of the holders of all of the Bonds waive any past default under this Ordinance and its consequences, except a default in the payment of the principal of and premium, if any, and inteI\est on any of the Bonds. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon. SECTION 9.8. Waiver of Extension Laws. The City will not at any time insist upon or plead, or in any manner whatsover claim or take the benefit or advantage of, any stay or extension law now or at any time hereafter in force which may affect the covenants and agreements 84 contained in this Ordinance or in the Bonds, but all benefit or advan- tage of any such law or laws is hereby expressly waived by the City. SECTIOl-T 9.9. Notice of Events of Default. The Trustee shall, within ninety (90) days after the occurrence of an Event of Default, give to the Bondholders, in the manner provided in Section 10.2 hereof, notice of all defaults known to the Trustee, unless such defaults shall have been cured before the giving of such notice (the term "default" or "defaults" for the purpose of this Section being hereby defined to be any Event or Events of Default specified in Section 9.1) ; pro- vided, that, except in the case of default in the payment of principal of and premium, if any, and interest on any of the Bonds or in fhJe payment of any sinking fund installment, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or respon- sible officers, of the Trustee in good faith determines that the with- holding of such notice is in the interests of the Bondholders. ARTICLE X AMENDMENTS AND BONDHOLDERS' MEETINGS SECTION 10.1. Bondholders' Meetings. The City, the Trustee or the holders of not less than twenty percent (20%) in principal amount of the Bonds then Outstanding may at any time call a meeting of the holders of the Bonds. Every such meeting shall be held at such place in the City of New York, State of New York, the City of Grand Island, State of Nebraska, or the City of Chicago, State of Illinois, as may be specified in the noti~e calling such meeting. Written notice of such meeting, stating the place and time of the meeting and in general terms the business to be submitted, shall be mailed to the Bondholders by the City, the Trustee or the Bondholders calling such meeting not less than thirty (30) nor more than sixty (60) days before such meeting, and shall be published at least once a week for four (4) successive calendar weeks on any day of the week, the date of first publication to be not less than thirty (30) nor more than sixty (60) days preceding the meeting; 85 provided, however, that the mailing of such notice shall in no case be a condition precedent to the validity of any action taken at any such meeting. The expenses of publication of such notice shall be paid or ~eimbursed by the City. Any meeting of Bondholders shall, however, be valid without notice if the holders of all Bonds then Outstanding are present in person or by proxy or if notice is waived before or within thirty (30) days after the meeting by those not so pre'sent. SECTION 10.2. Notices to Bondholders. Except as otherwise pro- vided in this Ordinance, any provision in this Ordinance for the mail- ing of a notice or other paper to Bondholders shall be fully complied wi th if it is mailed postage prepaid (a) to each registered owner of any of the Bonds then Outstanding at his address, if any, appearing upon the registry books of the City, (b) to each owner of any of such Bonds payable to bearer who shall have filed with the City or the Trustee an address for notices and (c) to the Trustee; and any provi- sion contained in this Ordinance for publication of a notice or other matter shall require the publication thereof in financial journals or daily newspapers of general circulation, printed in the English lang- uage and customarily published on each business day in the Borough of Manhattan, The City of New York, State of New York, the City of Grand Island, State of Nebraska, and the City of Chicago, State of Illinois. SECTION 10.3. Proof of Ownership of Bonds; Proxies; Execution of Instrumen,ts by Bondholders. Attendance and voting by Bondholders at such meeting may be in person or by proxy. Owners of registered Bonds or Coupon Bonds registered as to prin0ipal may, by an instru- ment in writing under their hands appoint any person or persons, with full power of substitution, as their proxy to vote at any meeting for them. In order that holders of Bonds payable to beare.l o,uU Ll18ir proxies may attend and vote without producing their Bonds, the Trustee may make and from time to time vary such regulations as it shall think proper for the deposit of Bonds with or exhibit of Bonds to any hank, bankers or trust companies or other depositaries, including firms and 86 corporations which are members of the National Association of Securi- ties Dealers, Inc., wherever situated, satisfactory to' the Trustee and far the issue by them to' the persans depasiting 0'1' exhibiting such Bands af certificates in form appraved by the Trustee which shall canstitute proaf of ownership entitling the holders thereaf to' be present and vate at any such meeting in the same way as if the persans sa present and vating either persanally 0'1' by praxy, were the actual bearers af the Bands in respect of which such certificates shall have been issued, and any regulatians sa made shall be binding and effective. Capies af such regulatians shall be kept an file by the Trustee and Paying Agents. Officers 0'1' naminees af the City, and afficers 0'1' naminees af the Trustee may be present 0'1' represented at such meeting and take part therein, but shall nat be entitled to' vate thereat, eX'cept as such officers 0'1' naminees are Bandhalders 0'1' praxies far Bandhalders (including the Trustee) . Any registered awner af Bands and any halder af a certificate provided for in this section shall be entitled in person or by proxy to' attend and vate at such meeting as holder af the Bands registered 0'1' certified in his name withaut producing such Bands (unless the Bonds described in such certificate shall be registered in the name af or be produced by same ather person at such meeting), and such persons and their proxies 'shall, if required, produce such praof of persanal identity as shall be satisfactory to the Secretary af the meeting. All praxies presented at such meeting shall be delivered to' the Inspectars of Votes and filed with the Secretary af the meeting. All ather persans seeking to' attend or vote in such meeting must praduce the Bands claimed to' be awned 0'1' represented at such meeting. The vate at any such meeting of the holder of any Bond entitled to' vote thereat shall be binding upon such holder and upon every subsequent halder of such Bond (whether or not such subsequent holder has natice thereof). Any request, direction, consent or other instrument in writing required or permitted by this Ordinance to be signed or executed by Bondholders may be in any number of cancurrent instruments af similar tenor and may be signed 0'1' executed by such Bondholders in person or by agent appointed by an instrument in writing. Proof of the exe- I , I I , I I I 87 cution of any such instrument shall be sufficient for any purpose of this Ordinance, and shall be conclusive in favor of the Trustee with regard to any action taken by it under such instrument, if made in the following manner: The fact and date of the execution by any person of any such instrument may be proved by either (a) an acknowledgment executed by a notary public or other officer empowered to take acknowl- edgments of deeds to be recorded in the particular jurisdiction, or (b) an affidavit of a witness to such execution sworn to before such a notary public or other officer. "Where such execution is by an officer of a corporation or association or a member of a partnership on behalf of such corporation, association or partnership, such acknowledgment or affidavit shall also constitute sufficient proof of his authority. The foregoing shall not be construed as limiting the Trustee to such proof, it being intended that the Trustee may accept any other evidence of the matters herein stated which it may deem sufficient. Any request or consent of the holder of any Bond shall bind every future holder of the same Bond in respect of anything done by the Trustee in pursuance of such request, direction or consent. The right of a proxy for a Bondholder to act may be proved (subject to the Trustee's right to require additional proof) by a written proxy executed by such Bondholder as aforesaid. SECTION lOA. Officers of Bondholders' Meetings. Persons named by the Trustee, or elected by the holders of a majority in principal amount of the Bonds represented at the meeting in person or by proxy, in the event the Trustee is not represented at such meeting, shall act as temporary Chairman and temporary Secretary of any meeting of Bond- holders. A permanent Chairman and a permanent Secretary of such meeting shall be elected by the holders of a majority in principal amount of the Bonds represented at such meeting in person or by proxy. The permanent Chairman of the meeting shall appoint two (2) Inspectors of Votes who shall count all votes cast at such meeting, except votes on the election of Chairman and Secretary as aforesaid, and who shall make and file with the Secretary of the meeting and with the City and with the Trustee their verified report of all such votes cast at the meeting. 88 SECTION 10.5. Quorum at Bondholders' M eetin[Js. The holders of not less than the principal amount of the Bonds required for any action to be taken at such meeting must be present at such meeting in person or by proxy in order to constitute a quorum for the trans- action of business, less than a quorum, however, having power to adjourn from time to time without any other notice than the announce- ment thereof at the meeting; provided, however, that, if such meeting is adjourned by less than a quorum for more than ten (10) days, notice thereof shall be published by the City at least five (5) days prior to the adjourned date of the meeting. SECTION 10.6. Vote Required to Amend Ordinance. With the consent of the holders of not h~ss than sixty-six and two-thirds percent (66%'%) of the Bonds then Outstanding, such consent to be given by a resolution duly adopted at a meeting of Bondholders duly convened and held, or by written consent as hereinafter provided in Section 10.8 hereof, the City from time to time and at any time, may adopt an ordi- nance amending or supplementing the provisions of this Ordinance for the purposes of adding any provisions to this Ordinance or a Supple- mental Ordinance, or modifying in any manner the rights of the holders of the Bonds and coupons then Outstanding; provided, however, that, without the specific consent of the holder of each such Bond which would he affected thereby, no such resolution amending or supplement- ing the provisions hereof shall: (a) permit the creation of a lien on Revenues pledged under this Ordinance superior or prior to or on a parity with the lien of the Bonds except to the extent presently pro- vided in Article II of this Ordinance; (b) extend the fixed maturity date for the payment of the principal of any Bond, or reduce the principal amount of any Bond, or reduce the rate or extend the time of payment of interest thereon, or reduce any premium payable upon the redemption or prepayment thereof, or advance the date upon which any Bond may first be called for redemption prior to its fixed maturi ty date; (c) reduce the aforesaid percentage of Bonds, the holders of which are required to consent to any such ordinance amend- ing or supplementing the provisions hereof; or (d) give to any Bond or Bonds any preference over any other Bond or Bonds secured hereby. 89 A modification or amendment of the provisions of Article V hereof with respect to the Bond Fund or the Debt Service Account or Reserve Account therein shall not be deemed a change in terms of payment; provided, however, that no such modification or amendment shall, except upon the consent of the holders of all Bonds then Outstanding affected thereby, reduce the amount or amounts required to be deposited in the Bond Fund for credit to the Debt Service Account therein. Nothing herein contained, however, shall be constructed as making necessary the approval by the holders of the Bonds of the adoption of any sup- plemental ordinance authorized by Section 8.1 of this Ordinance. SECTION 10.7. Obtaining Approval of Amendments at Bondhold- ers'Meetings. The City may at any time adopt an ordinance amend- ing the provisions of this Ordinance to the extent that such amendment is permitted by the provisions of Section 10.6 hereof, to take effect when and as provided in this Section. Upon the adoption of such ordi- nance, a copy thereof, certified by the City Clerk, shall be filed with the Trustee. At any time thereafter such ordinance may be submitted by the City for approval to a meeting of the Bondholders duly con- vened and held in accordance with the provisions of this Ordinance. A record in duplicate of the proceedings of each meeting of the Bond- holders shall be prepared by the permanent Secretary of the meeting and shall have attached thereto the original reports of the Inspectors of Votes and affidavits by a person or persons having knowledge of the facts, showing a copy of the notice of the meeting and setting forth the facts .with respect to the mailing and publication thereof under the provisions of this Ordinance. Such a record shall be signed and veri- fied by the affidavits of the permanent Chairman and the permanent Secretary of the meeting, and one duplicate thereof shall be delivered to the City and the other to the Trustee for preservation by the Trus- tee. Any record so signed and verified shall be proof of the matters therein stated. If the ordinance of the City making such amendment shall be approved by a resolution duly adopted at such meeting of Bondholders by the affirmative vote of the holders of the required percentages of Bonds, a notice stating that a resolution approving such amendment has been so adopted shall be mailed by the City to 90 the Bondholders (but failure so to mail copies of such notice shall not affect the validity of such resolution) and shall be published once in the manner provided in Section 10.2 hereof. Proof of such mailing and publication by the affidavit or affidavits of a person or persons having knowledge of the facts shall be filed with the Trustee. Such ordinance of the City making such amendment shall be deemed conclusively to be binding upon the City, the rrrustee, the Paying Agents, and the holders of all Bonds and coupons pertaining thereto at the expiration of thirty (30) days after the publication of the notice provided for in this Section, except in the event of a final decree of a court of compe- tent jurisdiction setting aside such ordinance or annulling the action taken thereby in a legal action or equitable proceeding for such pur- pose commenced within such period; provided, that the Trusteoe, any Paying Agents and the City during such thirty (30) day period and any such further period during which such action or proceeding may be pending, shall be entitled in their absolute discretion to take such action, or to refrain from taking such action, with respect to such ordinance as they may deem expedient. Nothing contained in this Ordi- nance shall boe deemed or construed to authorize or permit, by reason of any call of a meeting of BondhoMers or of any right conferred here- under to make such call, any hindrance or delay in the exercise of any rights conferred upon or resoerved to the Trustee, the Paying Agents, or the Bondholders under any of the provisions of this Ordinance. .. SECTION 10.8. Alternate Method of Obtaining Approval of Am.en:trnents .of Ordinance. The City may at any time adopt an ordi. nance amending the provisions of this Ordinance, or of any Bonds, to the extent that such amendment is permitted by the provisions of this Article, to take effect when and as provided in this Section. Upon adop- tion of such ordinance, a copy thereof, certified by the City Clerk, shall be delivered to and held by the Trustee for the inspection of the Bond- holders. A copy of 'Such ordinance (or summary thereof in form approved by the Trustee) together with a request to Bondholders for their consent thereto in form satisfactory to the Trustee, shall be mailed by the City to Bondholders and a notice of the adoption of such ordin- ance shall be published at least once in the manner provided in Section 91 .. 10.2 hereof (but failure to mail copies of 'Such ordinance or summary thereof and request shall not affect the validity of the ordinance when consented to as in this Section provided). Such ordinance shall not be effective unless and until there shall have been filed with the Trustee the written consents of the percentages of holders of Outstanding Bonds specified in Section 10.6 hereof and a notice shall have been published as hereinafter in this Section provided. Each such consent shall be effective only if accompanied by proof of ownership of the Bonds for which such consent is given, which proof shall be such as is permitted by Section 10.3 hereof. A certificate or certificates of the Trustee that it has examined such proof and that such proof is sufficient shall be conclusive that the consents have 'been given by the holders of the Bonds described in such certificate or certificates. Any such consent shall be binding upon the holder of the Bonds giving such consent and on every subsequent holder of such Bonds, whether or not such subsequent holder has notice thereof. A notice stating that the ordinance has been consented to by the holders of the required percentages of Bonds and will be effective as provided in this Section may be given to the Bond- holders by mailing such notice to the Bondholders, and shall be given by publishing the same at least once in the manner provided in Section 10.2 hereof. The City 'shall file with the Trustee proof of giving such notice. A record, consisting of the papers required by this Section to be filed with the Trustee, shall be proof of the matters therein stated, and the ordinance shall be deemed conclusively to be binding upon the City, the Trustee, the Paying Agents, and the holders of all Bonds and coupons at the expiration of thirty (30) days after the publication of the notice last provided for in this Section, except in the event of a final decree of a court of competent jurisdiction setting aside such con- sent or annulling the action taken thereby in a legal action or equitable proceeding for such purpose commenced within such period; provided that the Trustee, and Paying Agents, and the City during such thirty (30) day period and any such further period during which such action or prMeeding may be pending, shall be entitled in their absolute discre- tion to take such action, or to refrain from taking such action, with respect to such ordinance 31S they may deem expedient. 92 bECTION 10.9. Amendments With Approval of All Bondholders. Notwithstanding anything contained in the foregoing provisions of this Article, the rights and obligations of the City and of the holders of the Bonds and coupons pertaining thereto, and the terms and provisions of the Bonds and of this Ordinance, may be amended in any respect with the consent of the City, by the affirmative vote of the holders of all said Bonds then Outstanding at a meeting of Bondholders called and held as hereinabove provided, or upon the adoption of an ordinance adopted by the City and the consent of the holders of all of the Bonds then Out- standing, such consent to be given as provided in Section 10.8, except that no notice to Bondholders either by mailing or publication shall be required, and the amendment shall be effective immediately upon such unanimous vote or written consent of all of the Bondholders. SECTION 10.10. Exclusion of Bonds Owned by City. Bonds owned or held by or for the account of the City shall not be deemed Outstanding for the purpose of any vote or consent or other action or any calcula- tion of Outstanding Bonds in this Ordinance provided for, and shall not be entitled to vote or consent or take any other action in this Ordi- nance provided for. SECTION 10.11. Endorsement of Amendments on Bonds. Bonds delivered after the effective date of any action amending this Ordinance taken as hereinabove provided may, and if the Trustee so determines, shall, bear a notation by endorsement or otherwise in form approved by the City and the Trustee as to such action, and in that case, upon demand of the holder of any Bond Outstanding at such effective date and presentation of his Bond for the purpose at the principal office of the Trustee, suitable notation shall be made on such Bond by the Trustee as to any such action. If the City shall so determine, new Bonds so mod- ified as in the opinion of the City and its counsel to conform to such Bondholders' action shall be prepared, delivered and upon demand of the holder of any Bond then Outstanding shall be exchanged without cost to such Bondholder for Bonds then Outstanding hereunder, upon sur- render of such Bonds with all unmatured coupons pertaining thereto. .. 93 ARTICLE XI FORMS OF BONDS AND COUPONS SECTION 11.1. Forms of Bonds and Coupons. The 197/ Coupon Bonds, the interest coupons to be attached to the 1977 Coupon Bonds, the Form of Registration to appear thereon, the 1977 Registered Bonds and the Form of Assignment to appear thereon shall be in substantially the following forms, and the Bonds in coupon and fully registered form of eacll series of Additional Bonds, the form of registration to appear on such Bonds in coupon form and the form of assignment to appear on such Bonds in fully registered form shall, unless or except as is other- wise provided in the Series Ordinance authorizing their issuance, be in substantially the following forms, respectively, with such modifica- tions, additions and deletions as may be necessary or advisable to reflect the details and purpose of issuance of such Bonds, the provisions of this Ordinance and the Series Ordinance authorizing the same, or are other- wise required or permitted by the provisions of this Ordinance. [FORM OF 1977 COUPON BOND] UNITED STATES OF AMERICA STATE OF NEBRASKA COUNTY OF HALL CITY OF GRAND ISLAND ELECTRIC SYSTEM REVENUE BOND, 1977 SERIES No. $5,000 The City of Grand Island (herein called the "City"), a municipal corporation of the State of Nebraska, for value received, hereby prom- ises to pay to the bearer, or, if this Bond is then registered as to princi- pal in accordance with the provision for registration endorsed hereon, to the registered owner hereof, but solely out of the Revenues herein- after specified (unless this Bond shall have been duly called for previ- ous redemption and payment of the redemption price shall have been 94 made or provided for, as provided in the Ordinance herein referred to), the principal sum of Five Thousand Dollars ($5,000) on September 1, , upon presentation and surrender of this Bond, and to pay interest on such principal sum, but solely out of the Revenues hereinafter speci- fied, whether as stated, by acceleration or otherwise, from the date hereof until the maturity hereof at the rate of percent ( % ) per annum payable March 1, 1978, and thereafter semi-annually on September 1 and March 1 in each year, and, if default should be made in the payment of said principal sum when the same shall become due and payable, whether at the stated maturity thereof, by acceleration or otherwise, at the rate of seven and one-tenth percent (7.10%) per annum from default until the payment of said principal sum in full, but in the case of the interest due on or before maturity, only upon the presentation and surrender of the respective interest coupons repre- s:enting such interest hereto attached, as they severally mature; and if default should be made in the payment of said interest coupons when the same shall become due and payable, whether as stated, by accelera- tion or otherwise, the said interest coupon shall bear interest at the rate of seven and one-tenth percent (7.10%) per annum from default until the payment of said interest coupon in full. Both principal of and interest on this Bond are payable at the principal office of The First National Bank of ChiCiago, in the City of Chicago, State of Illinois, or at the option of the holder of this Bond and said coupons, at the corporate trust office of The Bank of T'okyo Trust Company, in the City ~ot ~ ew York, State of New York, or at the principal office of The ~~tional Bank (if ~ ._L_, in the City of Omaha, State of Nebraska, in such Cioin or currency of the United States of America which at the time of payment is legal tender for public and private debts. This Bond is one of a duly authorized series of Bonds of the City of like designation herewith, aggregating Fifty Million Dollars ($50,000,000) in principal amount. This Bond and the Bonds of the series of Bonds of which it is one are issued under the authority of and in full compliance with the Constitution and statutes of the State of Nebraska, and under and pursuant to an Ordinance adopted by the City (herein called the "Ordinance"). ~rhis Bond and the series of Bonds of which it is one constitute part of a duly authorized issue of Bonds (herein called the "Bonds"), issued or to be issued by the City under the Ordinance for the purpose of acquiring, constructing, reconstructing, improving, extending, equip- ping and furnishing the Electric System of the City. Said issue of Bonds is unlimited as to principal amount except as provided in the Ordinance and constitutes or may constitute one or more series in various principal amounts and of varying denominations, dates, maturi- ties, interest rates and other provisions as provided in the Ordinance. 95 All Bonds issued and to be issued under the Ordinance are and will be equally secured by the liens, pledges, assignments and covenants made therein, except as otherwise expressly provided or permitted in the Ordinance. Reference is hereby made to the Ordinance, copies of which are on file in the office of the City and at the prineipal office of The First National Bank of Chicago, the Trustee appointed pursuant to the Ordi- nanee, in the City of Chicago, State of Illinois, to all of the provisions of which any holder of this Bond by his acceptance hereof thereby assents, for a description of and the nature and extent of the security for the Bonds issued 'or to be issued under the Ordinance, including this Bond; definitions of terms, including the Electric System from the Revenues of which this Bond and the interest hereon are payable; the Revenues pledged to the payment of the interest on and principal of the Bonds; the nature and extent and manner of enforcement of the pledge; the rights and remedies of the holders thereof with respect thereto; the terms and conditions upon which this Bond and the series of Bonds of which it is one are issued and upon which Additional Bonds may be hereafter issued under the Ordinance payable on a parity with this Bond and the series of Bonds of which it is one from the aforesaid Revenues and equally and ratably secured therewith; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the holders of the Bonds; the rights, duties and obligations of the City thereunder; the terms and conditions upon which the liens, pledges, assignments and covenants of the City made therein may be discharged at or prior to the maturity or redemption of this Bond, and this Bond thereafter no longer be secured by the Ordinance or be deemed to be outstanding thereunder, if moneys or certain specific securities shall have been deposited with the afore- said Trustee sufficient and held in trust solely for the payment hereof; and for the other terms and provisions thereof. The Bonds are payable solely from and are equally and ratably secured without priority by reason of series, number, date of Bonds, sale, issuanc:e, execution or delivery (except as to maturity and except as any Debt Service Account payments required in accordance with the provisions of the Ordinance may afford additional security for the Bonds of any specific series) by a charge and lien upon the Revenues derived by the City from the; ownership and operation of the Electric System, all as more specifically described in the Ordinance, subject to the prior charge and lien on said Re,venues of certain outstanding Electric Revenue Bonds of the City issued pursuant to Ordinance Nos. 4333 and 4693 of the City and the payments required to be made to the Sinking Fund Accounts, Reserve Accounts, Depreciation and Emer- gency Reserve Account and Surplus Account (as defined in the Ordi- nance) established pursuant to said Ordinances to provide for the pay- ment 'Of the principal of and interest on said obligations and subject to 96 the. payment of the costs of operation and maintenance of the Electric System. This Bond shall not be a debt of the State of Nebraska or of the City within the meaning of any constitutional or statutory limitation upon the creation of general obligation indebtedness of the State of Nebraska or of the City. The State of Nebraska shall not be liable for the payment of this Bond out of any moneys of the State of Nebraska and the City shall not be liable for the payment thereof out of any moneys of the City other than the Revenues derived by the City from the ownership and operation of the Electric System as aforesaid. The Bonds of the series of Bonds of which this Bond is one are subject to redemption prior to maturity, at the option of the City, on or after September 1, 1987, as a whole at any time, or in part from time to time on any interest payment date in the inverse order of their maturities (and in the event that less than all of the Bonds of the series of Bonds of which this Bond is one of any maturity are called for redemption, the particular Bonds of such maturity to be redeemed shall be selected by the Trustee) at the redemption price with respect to each Bond, expressed as a percentage of the principal amount of the &.lftcCllilfllWto be redeemed, set forth below, together with the interest accrued thereon to the date fixed for redemption: Period During Which Redeemed (Both Dates Inclusive) Redemption Price September 1, 1987 to August 31, 1989 m._.__m_m_m_ September 1, 1989 to August 31, 1991 __.._._..m._.__m September 1, 1991 to August 31, 1993 _.._.m.m.__..___ September 1, 1993 to August 31, 1995 --..-.__._m....m September 1, 1995 to August 31, 1997 _._..._m_.___m_. September 1, 1997 and thereafter ..m__._mm.mm.m.. 103 % 1021h 102 101:1h 101 100 In the event this Bond is subject to prior redemption as aforesaid and is called for such redemption, noti0e of such redemption shall be given by publication of a notice at least once in daily financial papers, or in daily newspapers of general circulation printed in the English language, published in the cities of New York, New York, Grand Island, Nebraska and Chicago, Illinois, such publication to be made in each case not less than thirty (30) days nor more than sixty (60) days prior to the date fixed for redemption. If this Bond is then registered as to principal in accordance with the provisions for such registration endorsed hereon, notice of such redemption shall be mailed not less than thirty (30) days nor more than sixty (60) days prior to the redemption date to the registered holder of this Bond at his address as shown on 97 . the books of registry; provided, however, that if notice of such redemp- tion is so mailed, then notice of the redemption hereof need not be given by publication, and .if notice by publication is given as a:foresaid, then the failure to give such notice by mail shall not affect the sufficiency of the proceedings for the redemption of this Bond. Notice of redemption having been duly given, as aforesaid, this Bond shall on the date speci- fied in such notice become due and payable at the applicable redemption price herein provided, and from and after the date so fixed for redemp- tion (unless the City shall default in the payment hereof), interest on this Bond so called for redemption shall cease to accrue and the coupons for such interest maturing after such dat~ shall be void. This Bond may be registered as to principal only in accordance with the provisions endorsed hereon, and unless registeI1ed (other than to bearer) is transferable merely by delivery. Such registration, how- ever, shall not aff:ect the negotiability by delivery of the coupons per- taining hereto, which shall continue to pass merely by delivery and shall remain payable to bearer. The Bonds of the series of Bonds of which this Bond is a part are issuable as Coupon Bonds, riegistrable as to principal only, in the denomination of $5,000, and Registered Bonds without coupons in the denomination of $5,000, or any integral multiple of $5,000. The Coupon Bonds and the Registered Bonds without coupons are interchangeable for an equal aggregate principal amount of Bonds of the same series, interest rate and maturity upon presentation thereof for such purpose by the holder or registered owner at the principal office of the Trustee, subject to the limitations and upon payment of charges, if any, as pro- vided in the Ordinance. This Bond shall not be valid and binding on the City until authenti- cated by the Trustee. It is hereby certified, recited and declared that all acts, conditions and things required by the Constitution and statutes of the State of Nebraska to exist, to hav:e happened and to have been performed pre- cedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as prescribed by law. IN WITNESS WHEREOF, the City of Grand Island, Nebraska, has caused this Bond to be executed in its name with the manual or fac- simile signatur',e of its Mayor, and a facsimile of its corporate seal to be printed hereon and countersigned with the manual or facsimile s,ignature of its City Clerk, and the interest coupons hereto attached 98 to be executed by the facsimile signature of its Mayor, all as of the first day of September , 1977. CITY OF GRAND ISLAND, NEBRASKA Mayor COUNTERSIGNED: City Clerk CERTIFICATE OF AUTHENTICATION This Bond is one of the 1977 Bonds described in the within men- tioned Ordinance. THE FIRST NATIONAL BANK OF CHICAGO, Trustee By.................. ..... n.. ........... ......__... -._.. ... .... _. _. _. _.... A uthorized Signature . 99 [FORM OF COUPON] No. _______n_n________________ $_ n___ n _ _ ___..__ ___.... On September 1, , unless the Bond hereinafter mentioned shall have been duly called for previous redemption and payment of the redemption price duly made or provided for, the City of Grand Island, a municipal corporation of the 'State of Nebraska, will pay to the bearer at the prnicipal office of The First National Bank of Chicago, in the City of Chicago, State of Illinois, or, at the option of the holder hereof, at the corporate trust office of The Bank of Tokyo Trust Com- ~:~' oiFi~:.'1h~~~ai ~~~:~t; of N ~: ~:~i~; :: 6:a1:~n~~~t~ of N ehraska, but solely out of the Revenues specified in the hereinafter- mentioned Bond, the sum of amount shown hereon, and if default should be mad'e in the payment of said sum when the same shall be due and payable, said sum shall bear interest at the rate of seven and one-tenth percent (7.10%) per annum until the payment of said sum in full, in such coin or currency of the United States of America as at the time of payment is legal tender for public and private debts, being the interest then due on its Electric System Revenue Bond, 1977 Series dated Sep- tember 1, 1977 and numbered Mayor [FORM OF REGISTRATION PROVISION] '": This Bond may be registered as to principal only in the name of the holder on the books of registration to be kept at the principal office of the Trustee as Registrar, such registration to be noted in the regis. tration blank below. After such registration no transfe>r hereof shall he valid unless made on said books and similarily noted he>reon, but such registration may be made to bearer and thereupon transferability by delivery shall be restored. The registration of this Bond as to principal only shall not affect the coupons which shall at all times be transferable merely by delivery. 100 (N otice: No writing on this bond except by Registrar) Date of Name of Signature of Registration Registered Owner Registrar [FORM OF 1977 REGISTERED BOND WITHOUT COUPONS] UNITED STATES OF AMERICA STATE OF NEBRASKA COUNTY OF HALL CITY OF GRAND ISLAND ELECTRIC SYSTEM REVENUE BOND, 1977 SERIES N 0.........__...__..__. $... ... ..' ........... The City of Grand Island (herein called the "City"), a municipal corporation of the State of Nebraska, for value received, hereby prom- ises to pay to , or registered assigns, but solely out of the Revenues hereinafter specified (unless this Bond shall have been duly called for previous redemption and payment of the redemp- tion price shall have been made or provided for, as provided in the Ordinance herein referred to), the principal sum of Thousand Dollars ($ ) on the first day of September, , upon presentation and surrender of this Bond, and to pay interest on such principal sum, but solely out of the Revenues hereinafter specified, whether as stated, by acceleration or otherwise, by check or draft drawn upon the Trustee appointed pursuant to the Ordinance hereinafter referred to and mailed to the registered owner at his address as it appears in the bond registration books of the City, from the date hereof until the maturity hereof, at the rate of percent ( %) per annum payable March 1, 1978, and thereafter semi-annually on Septem- ber 1 and March 1 in each year, and, if default should be made in the .101 . payment of said principal sum when the same shall become due and payable, whether at maturity, by acceleration or otherwise, at the rate of seven and one-tenth percent (7.10%) per annum from default until the payment of said principal sum in full; and if default should be made in the payment of said interest coupons when the same shall become due and payable, whether as stated, by acceleration or other- wise, the said interest coupon shall bear interest at the rate of seven and one-tenth percent (7.10%) per annum from default until payment of said interest coupon in full. The principal of this Bond and the interest and premium, if any, due upon this Bond at maturity or upon call for redemption are payable at the principal office of The First National Bank of Chicago, in the City of Chicago, State of Illinois, or, at the option of the registered owner hereof or his registered assigns, at the corporate trust office of The Bank of Tokyo Trust Company, in the ~~~~f New York, State of New York, or at the principal office of The -Wational Bank 1 -:: ., in the City of Omaha, State of Nebraska, in such coin or currency of the United States of America which at the time of payment is legal tender for public and private debts. This Bond is one of a duly authorized series of Bonds of the City of like designation herewith, aggregating Fifty Million Dollars ($50,000,000) in principal amount. This Bond aud the Bonds of the series of Bonds of which it is one are issued under the authority of and in full compliance with the Constitution and statutes of the State of Nebraska, and under and pursuant to an Ordinance adopted by the Oity (herein called the "Ordinance"). This Bond and the series of Bonds of which it is one constitute part of a duly authorized issue of Bonds (herein called the "Bonds") issued or to be issued by the City under the Ordinance for the purpose of acquiring, constructing, reconstructing, improving, extending, equip- ping and furnishing the Electric System of the .city. Said issue of Bonds is unlimited as to principal amount except as provided in the Ordinance and constitutes or may constitute one or more series in various principal amounts and of varying denominations, dates, matur- ities, interest rates and other provisions as provided in the Ordinance. All Bonds issued and to he issued under the Ordinance are and will be equally secured by the liens, pledges, assignments and covenants made therein, except as otherwise expressly provided or permitted in the Ordinance. Reference is hereby made to the Ordinance, copies of which are on file in the office of the City and at the principal office of The First National Bank of Chicago, the Trustee appointed pursuant to the Ordinance, in the City of Chicago, State of Illinois, to all of the provi- sions of which any owner of this Bond by his accepance hereof therehy assents, for a description of and the nature and extent of the security 102 for the Bonds issued, or to be issued under the Ordinance, including this Bond; de.finitions of terms, including the Electric System from the Reve- nues of which this Bond and the interest hereon are payable; the Revenues pledged to the payment of the interest on and principal of the Bonds; the nature and extent and manner of enforcement of the pledge; the rights and remedies of the holders thereof with respect thereto; the terms and conditions upon which this Bond and the series of Bonds of which it is one are issued and upon which Additional Bonds may be hereafter issued under the Ordinance payable on a parity with this Bond and the series of Bonds of which this is one from the afore- said Revenues and equally and ratably secured therewith; the flondi- tions upon which the Ordinance may be amended or supplemented with or without the consent of the holders of the Bonds; the rights, duties and obligations of the City thereunder; the terms and conditions upon which the liens, pledges, assignments and covenants of the City made therein may be discharged at or prior to the maturity or redemp- tion of this Bond, and this Bond thereafter no longer be secured by the Ordinance or be deemed to be outstanding thereunder, if moneys or certain specific securities shall have been deposited with the. afore- said rrrustee sufficient and held in trust solely for the payment hereof; and for the other terms and provisions thereof. rrhe Bonds are payable solely from and are equally and ratably secured without priority by reason of series, number, date of Bonds, sale, issuance, execution or delivery (except as to maturity and except as any Debt Service Account payments required in accordance with the provisions of the Ordinance may afford additional security for the Bonds of any specific series) by a charge and lien upon the Reve- nues derived by the City from the ownership and operation of the Electric System, all as more specifically described in the Ordinance, subject to the prior charge and lien on said Revenues of certain out- standing Electric Revenue Bonds of the City issued pursuant to Ordi- nance Nos. 4333 and 4693 of the .City and the payments required to be made to the- Sinking Fund Accounts, Reserve Accounts, Deprecia- tion and Emergency Reserve Account and Surplus Account (as defined in the Ordinance) established pursuant to said Ordinances to provide for the payment of the principal of and interest on said obligations and subject to the payment of the costs of operation and maintenance of the Electric System. This Bond shaH not be a debt of the State of N ebraskaor of the City within the meaning of any constitutional or statutory limitation upon the creation of general obligation indebtedness of the 'State of Nebraska or of the City. The State of Nebraska shall not be liable for the payment of this Bond out of any moneys of the State of Nebraska , 103 and the City shall not be liable for the payment thereof out of any moneys of the City other than the Revenues derived by the City from the ownership and operation of the Electric System as aforesaid. The Bonds of the series of Bonds of which this Bond is one are subject to redemption prior to maturity, at the option of the City, on or after September 1, 1987, as a whole at any time, or in part from time to time on any interest payment date in the inverse order of their maturities (and in the event that less than all of the Bonds 'Of the series of Bonds of which this Bond is one of any maturity are called for redemption, the particular Bonds of such maturity to be redeemed shall be selected by the Trustee) at the redemption price with respect to each Bond, expressed as a percentage of the principal amount of the Bond to be redeemed, set forth below, together with the interest accrued thereon to the date fixed for redemption: Period During Which Redeemed (Both Dates Inclusive) Redemption Price September 1, 1987 to August 31, 1989 .__.._..._..un.._. September 1, 1989 to August 31, 1991 u_..._.._..__._.... S'eptember 1, 1991 to August 31, 1993 .._......._......... September 1, 1993 to August 31, 1995 .._......n._...._.. September 1, 1995 to August 31, 1997 u.............n... September 1, 1997 and thereafter .............................. 103 % 1021;2 102 1011;2 101 100 In the event this Bond is subject to prior redemption as aforesaid and is called for such redemption, notice of such redemption shall be mailed not less than thirty (30) days nor more than (60) days prior to the redemption date to the registered holder of this Bond at his address as shown on the books of registry; provided, however, that if notice by publication is given as provided in the Ordinance, then the failure to give such notice by mail shall not affect the sufficiency of the proceedings for the redemption of this Bond. Notice of redemption hav- ing been duly given, as aforesaid, this Bond or any portion thereof so called for redemption shall on the date specified in such notice become due and payable at the applicable redemption price herein provided, and from and after the date so fixed for redemption (unless the City shall default in the payment hereof or thereof), interest on this Bond or the portion thereof so called for redemption shall cease to accrue. If this Bond be of a denomination in excess of $5,000, portions of the principal sum hereof in installments of $5,000 or any multiple there- of may be redeemed, and if less than all of the principal sum hereof is to be redeemed, in such case upon the surrender of this Bond at the 104 principal office of anyone of the Paying Agents, there shall be issued to the registered owner, without charge therefor, for the then unredeemed balance of the principal sum 'hereof, at the option of the owner, either Coupon Bonds or Registered Bonds of like series, maturity and interest rate in any of the denominations authorized by the Ordinance. 'rhis Bond is transferable by the registered owner or his attorney duly authorized in writing at the principal office of the Trustee upon surrender and cancellation of this Bond, and thereupon a new Regis- tered Bond without coupons of the same principal amount and interest rate and maturity will be issued to the transferee as provided in the Ordinance subject to the limitations and upon payment of the transfer charge, if any, therein prescribed. The City, the Trustee, the Paying Agents, 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 hereof and for all purposes and shall not be affected by any notice to the contrary, whether this Bond be overdue or not. The Bonds of the series of which this Bond is a part are issuable as Coupon Bonds, registrable as to principal only, in the denomination of $5,000, and as Registered Bonds without coupons in the denomina- tion of $5,000, or any integral multiple of $5,000. 1.'he Coupon Bonds and the Registered Bonds without coupons are interchangeable for an equal aggregate principal amount of Bonds of the same series, interest rate and maturity upon presentation thereof for such purpose by the holder or registered owner at the principal office of the Trustee, subject to the limitations and upon payment of the charges, if any, as provided in the Ordinance. This Bond shall not be valid and binding on the City until authen- ticated by the Trustee. It is hereby certified, recited and declared that all acts, conditions and things required by the Constitution and statutes of the State of Nebraska to exist, to have happened and to have been performed prece- dent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as prescribed by law. - 105 IN WITNESS WHEREOF, the City of Grand Island, Nebraska, has caused this Bond to be executed in its name with the manual or fac- simile signature of its Mayor thereunto duly authoriz:ed and a facsimile of its corporatoe seal to be printed hereon and countersigned with the manual or facsimile signature of its City Clerk, all as of CITY OF GRAND ISLAND, NEBRASKA. Mayor COUNTERSIGNED: City Clerk (SEAL ) [FORM OF ASSIGNMENT] For value received hereby sells, assigns and transfers unto the within mentioned Bond and hereby irrevocably constitutes and appoints , Attorney, to transfer the same on the books of registration in the office of the within mentioned Trustee with full power of substitution in the premises. Dated: .__......__....___................_............... , Registered Owner Witness: ___.____________.__._.__._.____.___.___.___..... Note: The signature to this assignment must correspond with the name as written on the face of the within Bond in every particular, without alteration, enlargement or any change whatsoever. 106 CERTIFICATE OF AUTHENTICATION ~his Bond is one of the 1977 Bonds described in the within men- tioned Ordinance. The First National Bank of Chicago, Trustee By ............n........_ ___ uu _. ._____ _ __ _ _ _.. _.. ..... .... Authorized Signature ARTICLE XII MISCELLANEOUS; DEFEASANCE SECTION 12.1. Ordinance and Laws a Contract with Bondholders. This Ordinance is adopted under the authority of and in full compli- ance with the Constitution and laws of the State of Nebraska. In con- sideration of the purchase and acceptance of the Bonds by those who shall hold the same from time to time, the provisions of this Ordinance and of said laws shall constitute a contract with the holder or holders of each Bond and the coupons attached thereto, and the obligations of the City under said laws and under this Ordinance shall be enforce- able by any court of competent jurisdiction; and the covenants and agreements herein set forth to be performed on behalf of the City shall he for the equal benefit, protection and security of the holders of any and all of said Bonds and coupons thereto attached, all of which, re- gardless of the time or times of their issue or maturity, shall be of equal rank without preference, priority or distinction of any of said Bonds or coupons thereto attached over any others thereof except as expressly provided herein. SECTION 12.2. Bonds No Longer Deemed Outstarnding Hereunder. The obligations of the City under this Ordinance and any Bond and the liens, pledges, charges, trusts, assignments, covenants and agreements of the City herein or therein made or provided for, shall be fully dis- 107 .. charged and satisfied as to any Bond and such Bond shall no longer be deemed to be Outstanding hereunder; (a) when such Bond which the City may have acquired in any manner whatsoev'er together with the coupons thereto belonging shall have been cancelled, or surrendered for cancellation or is subject to cancellation, or shall have been purchased by the Trustee from moneys in the Bond Fund or by the City; or (b) as to any Bond not theretofore cancelled, surrendered for cancellation or subject to cancellation, when paYment of the prin- cipal and the applicable redemption premium, if any (or the appli- cable redemption price), on such Bond, plus interest on such principal to the due date thereof, whether such due date be by reason of maturity or upon redemption or prepayment or other- wise, (i) shall have been made or caused to be made in accord- ance with the terms thereof, or (ii) shall have been provided by irrevocably depositing with the Trustee, in trust and irrevocably appropriated and set aside exclusively for such payment, (A) moneys sufficient to make such paYment or (B) Government Obli- gations (as hereinafter in this Section defined) maturing as to principal and intere'st in such amount and at such times as will insure the availability of sufficient moneys to make such payment, and all necessary and proper fees, compensation and expenses of the Trustee and the Paying Agents pertaining to the Bonds with respect to which said deposit is made shall have be:en paid or the paYment thereof provided for to the satisfaction of the Trustee and said Paying Agents. At such time as a Bond shall be deemed to be no longer Out- standing hereunder, a:s aforesaid, such Bond shall cease to draw interest from the due date thereof (whether such due date be by reason of maturity or upon redemption or prepayment, or other- wise), and, except for the purposes of any such payment from such moneys or Government Obligations, such Bond shall no longer be secured by or entitled to the benefits of this Ordinance. Notwithstanding the foregoing, in the case of Bonds which are to be prepaid prior to the stated maturities thereof, no deposit under (ii) of subparagraph (b) above shall constitute such pay- ment, discharge and satisfaction as aforesaid until proper notice of such redemption or prepayment shall have been given as provided in Article IV hereof, or provision satisfactory to the' Trustee shall have been irrevocably made for the giving of such notice. 108 Any such moneys so deposited with the Trustee as provided in this 8ection may at the direction of the City be invested and reinvested in Government Obligations maturing in the amounts and times as herein- before set forth, and all income from all such Government Obligations in the hands of the Trustee which is not required for the payment of the Bonds and interest and premium (or the applicable redemption price) thereon with respect to which such moneys or Government Obli- gations shall have been so deposited, shall be paid to the City as and when realized and collected. If any Bond shall not be presented for payment when the principal thereof shall become due, whether at maturity or upon redemption or prepayment or otherwise, or if any coupons shall not be presented for payment at the due date thereof, and if moneys or Government Obliga- tions shall have been deposited in accordance with terms hereof with the Trustee, in trust for that purpose sufficient and available to pay the principal and premium, if any (or the redemption price), of such Bond, together with all interest due on such Bond to the due date thereof or to the date fixed for the redemption or prepayment thereof, or to pay such coupon, as the case may be, all liability of the City for such pay- ment shall forthwith cease, determine and be completely discharged, and thereupon it shall be the duty of the Trustee to hold said moneys or said Government Obligations, without liability to such Bondholder for interest thereon, in trust for the benefit of the holder olf such Bond or coupon, who thereafter shall be restricted exclusively for said moneys or said Government Obligations for any claim for such payment or whatsoever nature on his part. Notwithstanding any provisions of Article V hereof, or of any other Article hereof, which may be contrary to the provisions of this Section or Section 12.3 hereof, all moneys or Government Obligations set aside and held in trust pursuant to the provisions of this Section and said Section 12.3 hereof for the payment of Bonds (including interest and redemption premium thereof, if any, or the redemption price thereof) and coupons shall be applied to and used solely for the pay- ment of the particular Bonds (including interest and redemption pre- mium thereon, if any, or the redemption price thereof) with respect to , 109 .. which such moneys and said Government Obligations have been so set aside in trust. Anything in Articles VIII or X hereof to the contrary notwith. standing, if moneys or Government Obligations have been deposited or set aside with the Trustee pursuant to this Article for the payment of Bonds and such Bonds shall not have in fact been actually paid in full, no amendment to the provisions of this Section or of Section 12.3 shall be made without the consent of the holder of each Bond or coupon affected thereby. For the purposes of this Section or Section 12.3 hereof, the term "Government Obligations" shall have the same meaning as is given to the term "Investment Securities" in clause (i) of the definition of the term "Investment Securities" set forth in Section 1.1 hereof, provided such Investment Securities are non-callable or callable .only at the option .of the holder. , SECTION 12.3. Moneys Held by Paying Agents Five Years After Due Date. Moneys or Government Obligations held by the Trustee or the Paying Agents in trust for the payment and discharge of any of the Bonds and coupons which remain unclaimed for five (5) years after the date on which such Bonds shall have become due and payable, either at their stated maturity dates or by call for earlier redemption, if such moneys were held by the Trustee or such Paying Agents at such date, or for five (5) years after the date of deposit of such moneys, if depos- ited with the Trustee or the Paying Agents after the said date when such Bonds become due and payable, shall, at the written request of the City, be repaid by the Trustee or the Paying Agents to the City as the City's property and be free from the trust created by this Ordinance, and the Trustee and the Paying Agents shall thereupon be released and discharged with respect thereto, and the holders of the Bonds payable from such moneys shall look only to the City for the payment of such Bonds and coupons. SECTION 12.4. Benefits of Ordinance Limited to City, Bondholders, Trustees and Paying Agents. Nothing in this Ordinance, expressed or 110 implied, is intended or shall be construed to confer upon or give to any person or corporation other than the City, the Trustee, the Paying Agents and the holders of the Bonds and coupons pertaining thereto any rights, remedies or claims under or by reason of this Ordinance or any covenant, condition or stipulation thereof; and all the covenants, stipulations, promises and agreements in this Ordinance contained by or on behalf of the City shall be for the sole and exclusive benefit of the City, the Trustee, the Paying Agents and the holders of the Bonds and the coupons pertaining thereto. SECTION 12.5. Term ((City" Includes Successors. Whenever in this Ordinance the City is named or referred to, it shall be deemed to include its successors and a:ssigns, including any successor by merger or consolidation, and all the covenants and agreements in this Ordi- nance contained by or on behalf of the City shall bind and inute to the benefit of its succe,ssors and assigns whether so expressed or not. SECTION 12.6. Notices. Except as otherwise provided herein, all notices, requests, demands and other communications required or per- mitted under this Ordinance shall be deemed to have been duly given if delivered or mailed, first class, postage prepaid, as follows: (a) If to the City: City of Grand Island Grand Island, Nebraska Attention: Mayor (b) If to the Trustee: The First National Bank of Chicago One First National Plaza Chicago, TIlinois 60670 Attention: Corporate Trust Division r or to such other persons or addresses as the respective party hereafter designates in writing to the other. 111 SECTION 12.7. Effect of Saturdays, Sundays and Legal Holidays. Whenever the Ordinance or a Bond or coupon requires any action to be taken on a Saturday, Sunday or a legal holiday, such action shall be taken on the first business day occurring thereafter. Whenever in the Ordinance or a Bond or coupon the time within which any action is required to be taken or within which any right will lapse or expire shall terminate on a Saturday, Sunday or legal holiday, such time shall continue to run until midnight on the next succeeding business day. .. SECTION 12.8. 8 everability. If anyone or more of the cove- nants or agreements provided in this Ordinance on the part of the City to be performed shall be declared by any court of competent jurisdic- tion to be contrary to law, then such covenant or covenants, agreement or agreements shall be null and void and shall be deemed separable from the remaining covenants and agreements, and shall in no way affect the validity of the other provisions of this Ordinance or of the Bonds issued hereunder. SECTION 12.9. Effective Date of Ordinance. This Ordinance shall be in effect upon publication as herein provided within fifteen (15) days after passage and as of September 8, 1977. SECTION 12.10. Article and Section Headings; Table of Contents. The headings or titles of the several Articles and sections hereof, and any table of contents appended hereto or to copies hereof, shall be solely for convenience of reference and shall not affect the meaning or con- struction, interpretation or effect of this Ordinance. l SECTION 12.11. Repealer. The Original Ordinances shall remain in full force and effect so long as the Original Bonds are Outstanding. All other ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict. .. SECTION 12.12. Publication. In lieu of and in place of newspaper publication, this Ordinance after its passage shall be published in pamphlet form. 112 PASSED AND ApPROVED this eighth day of August, 1977. ATTEST: 1PJ(~.~..~,,~.~, ~t~ Clerk ~ ( . ORDINANCE NO. 6178 An ordinance to direct and authorize the conveyance of part of the West Half of the . Southeast Quarter of the Southwest Quarter (W~SE~SW~), Section Two (2), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska, for use by the Airport Authority; to provide for the giving of notice of such conveyance and the terms thereof; to provide for the right to file a remonstrance against such conveyance; to repeal Ordinance No. 6077; and to. provide the effective date hereof. BE IT ORDAINED BY THE Y~YOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The conveyance to Hall County, Nebraska, of the following described property: The West Half of the Southeast Quarter of the Southwest Quarter n.J~SE;';SW~), except the south one hundred forty-two and five-tenths (142.5) feet, or 43.434 meters, of Section Two (2), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska, containing 17.84 acres, or 7.220 hectares. more or less, as shown on the attached plat dated 6/22/77 marked Exhibit "Aft attached hereto and incorporated herein by reference; . is hereby authorized and directed, for so long as the above described premises, with appur- tenances thereto, are and continue to be used for county airport purposes, operated by an airport authority. SECTION 2. The consideration for such conveyance shall be Three Thousand Five Hundred Sixty-eight Dollars ($3,568.00); conveyance of the real estate above described shall be by quitclaim deed, upon delivery of the consideration, and the City of Grand Island shall not be required to furnish an abstract of title. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Daily Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the. city clerk is hereby directed and instructed to prepare and publish such notice. SECTION 4. Authority is hereby granted to the electors .of the City of 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 per cent of the electors of the City of Grand Island ~pting 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 Hall County, rrehraska, a quitclaim deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the city council . - 1 - ordinance to the SECTION 6. The city clerk is hereby directed to mail a ~ LEGAL DEPARTMENT ? ORDINANCE NO. 6178 (Cont'd) . State Department of Roads. SECTION 7. That Ordinance No. 6077 of the City of Grand Island is hereby repealed. SECTION 8. This ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted 22. Au'- .,., ~~. 4fa ..k l.ty ~r . - 2- . . ORDINANCE NO. 6179 An ordinance to vacate a part of a platted easement in Dickey Subdivision in the City of Grand Island, Nebraska; and to provide the effective date hereof. WHEREAS, this Council has determined that there is no need for a part of this easement and that a portion of the easement should be vacated. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That part of the platted easement being the north sixteen (16) feet, or 4.877 meters, of Lot Seven (7) in Block One (1) of Dickey Subdivision from a line parallel to and sixteen (16) feet, or 4.877 meters, east of the west line of said Lot Seven (7); thence east to the west line of Saint Patrick Avenue, be, and hereby is, vacated, all as shown on the attached plat dated 8/10/77, containing 2,671.04 square feet, or 248.14 square meters, more or less, marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 2. That the title to the easement vacated by Section One (1) of this ordinance shall revert to the owner or owners of said Lot Seven (7) abutting said vacated easement. SECTION 3. That a certified copy of this ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted Z2 AalfuST .,., ATTEST: ~~~../~ . . ~ty C er APPROVED AS TO FORM AU G 1 ~ 1& i I LEGAL DEPARTMENT "- ~ I - t\I ~ I ~ ~ I ~ I ~ I - I CD 7 It) N CD I ~ It) '" ~ ~ I ~ z CD I&J I ~ 2 ~ I&J ~ en I ~ <( I&J I ~. - CD I I O'GRADY I 183.23' sr CI) I ::s I I--: I 6. CI) r- I . ~ & 8 ~ 60' - LEGEND ~////// EAS EMENT VACATED BY ORD. NO. 6179. 8 EX HIBIT "A" CITY OF GRAND ISLANQ1NEBR. ENGINEERING DEPARTMENT I PLAT TO ACCOMPAN Y OR....D. NO. 6179. ... . I SCALE: 1"=50' D.L.J.' 8/10/77. I CONYERS ION 1ft. = 0.3048 meters ORDINANCE NO. 6180 An ordinance assessing and levying a special tax to pay the cost of construction of Sanitary Sewer District,No. 427 of the City of Grand Island, Nebraska; providing for the collection of such special tax; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith. . BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said sanitary sewer in Sanitary Sewer District No. 427, as adjudged by the Council of said City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon the lots, tracts, and lands as follows: NAME LOT BLK ADDITION AMOUNT James Earl and Marcia Ann Lindau 5 4 Blain $261. 90 Stahla Mobile Homes, Inc. 6 4 .. 261.90 Stahla Mobile Homes, Inc. 7 4 " 281. 60 Stahla Mobile Homes, Inc. 8 4 " 281. 60 Stahla Mobile Homes, Inc. 9 4 " 281. 60 Stahla Mobile Homes, Inc. 10 4 " 281. 60 Stahla Mobile Homes, Inc. H 4 " 281. 60 Stahla Mobile Homes, Inc. 12 4 " 281.60 Stahla Mobile Home s , Inc. 13 4 " 281. 60 Stahla Mobile Home s , Inc. 14 4 " 281. 60 Stahla Mobile Homes, Inc. 15 4 " 281.60 Stahl a Mobile Homes, Inc. 16 4 .. 281. 60 Stahla Mobile Homes, Inc. 17 4 " 281. 60 Stahla Mobile Homes, Inc. 18 4 .. 281. 60 Stahla Mobile Homes, Inc. 19 4 .. 281. 60 Stahla Mobile Homes, Inc. 20 4 " 281. 60 Stahla Mobile Homes, Inc. 21 4 " 281. 60 Stahla Mobile Homes, Inc. 22 4 " 281.60 Stahla Mobile Homes, Inc. 23 4 " 281. 60 Stahla Mobile Homes, Inc. 24 4 " 281. 60 Stahla Mobile Homes, Inc. 25 4 " 281. 60 Gordon E. and Mildred M. Dahlke 26 4 " 281. 60 Gordon E. and Mildred M. Dahlke Fr. 27 4 .. 158.56 Sam and Kay Grimminger N139' of N~ Lot 3, except E169' thereof, Garrett's Subdivision $5,830.85 . 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 per cent per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of nine per cent per annum shall be paid thereon until the same is collected and paid. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Sewer and Water Extension Fund" for Sanitary Sewer District No. 427. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. Enacted Z ~ A v<s " . ~~~ -- y APPROVED AS TO FORM AUG 1 61977 I LEGAL DEPARTMENT . . ORDINANCE No. 6181 An ordinance assessing and levying a special tax to pay the cost of construction of Water Main District No. 325 of the City of Grand Island, Nebraska; providing for the collection of such special tax; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances, in conflict herewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land specially benefited, for the purpose of paying the cost of construction of said water main in said Water Main District No. 325 as adjudged by the Mayor and Council of said City, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands as follows: NAME DESCRIPTION AMOUNT Blanche I. Dau Part of NE~SW~ of Section 17-11-9, described as follows: The northerly 100' of a tract of land described as commencing at a point on the north line of said SW~ of Sec 17 and 967.5' west of the northeast corner of SW~ of Sec 17; thence west 352.5'; thence south 640'; thence east 352.5'; thence north 640' to the point of beginning $1865.36 Blanche I. Dau Pt of NW%SW% of Section 17-11-9 described as follows: the northerly laO' of a tract of land described as commencing at the northeast corner of the northwest quarter of said SW~ of Sec 17-11-9; thence west 352.5'; thence south 640'; thence east 352.5'; thence north 640' to the point of beginning $1865.36 Francis Hospital Part of SE~NW% of Section 17-11-9, described as follows: Beginning at a point on the north line of Faidley Avenue 947.16' west of the west line of Howard Avenue; thence north 100'; thence east to a point on a line being the northerly prolongation of the east R.O.W. line of West Avenue; thffCe south 100'; thence west 860' along the north line of Faidley Avenue to the point of beginning $4550.95 Ashelford Farms, Inc., and Part of the S;~%NW% of Section 17-11-9 Allen D. King, Jr. described as follows: Beginning at a point on the north R.O.W. line of Faidley Avenue and 30' west of the east line of said SW%NW% of Sec 17-11-9; thence west on the north line of Faidley Avenue to a point 339.3' east of the centerl~ne of Webb Road; thence north a distance of 100'; thence east on a line 100' north of and parallel to the north line of Faidley Avenue to a point 30' west of che east line of Sw%m~% of Sec 17-11-9; thence south a distance of 100' to the point of beginning $5,682.33 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 ~ Z r- IJ.J r- :E m ~ 0::: c> <( Saint .-. 0... IJ.J " ~ 0 >~::> -' .~ <( 0 IJ.J -' 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 per cent per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of nine per cent per annum shall be paid thereon, until the same is collected and paid. - 1 - . . ORDINANCE NO. 6181 (Cont'd) SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by 'law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Sewer and Water Extension Fund" for Water Main District No. 325. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage, approval, and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Dated ~a All'''' ~ ~ ~ Ci~~ ORDINANCE NO. 6182 . An ordinance assessing and levying a special tax to pay the cost of construction of Street Improvement District No. 898 of the City of Grand Island, Nebraska; providing for the collection of such special tax; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 898, 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 improve- ment, after due notice having been given thereof as provided by law; and, a special tax for follows: such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as NAME LOT Pt of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 79 80 81 81 82 ::i: a:: f2 E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe Mid-America Company Mid-America Company Mid-America Company E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe E. Dean and Judith A. Wolfe David N. and Ellen K. Lilienthal, Dennis A. and Jana K. Lilienthal David N. and Ellen K. Lilienthal, Dennis A. and Jana K. Lilienthal w~ and E~ and ....... ,..... 0) f- Z w :E f- It: < CI.. I.L.I C -J <C ~ I.L.I -J . - 1 - ADDITION Wolfe's " " " ff " " .. " " .. " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " AMOUNT $7,801.40 7,381.72 893.10 989.55 993.86 993.86 993.86 993.86 993.86 993.86 993.86 993.86 993.86 993.86 993.86 993.86 1,159.51 1,264.65 1,159.33 2,380.77 1,584.47 1,622.82 1,733.46 1,805.90 2,630.48 2,564.70 1,395.68 1,323.76 1,281.02 1,419.87 1,885.86 2,827.44 1,513.80 533.39 279.07 147.95 104.22 206.98 172.64 241.56 1,702.41 . . ., .. SECTION 2. The special tax shall become delinquent as follows: One-tenth shall become delinquent in fifty days from date of this levy; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six years; one-tenth in seven years; one-tenth in eight years; one-tenth in nine years; provided; however, the entire amount so assessed and levied against each lot or tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each such installment, except the first, shall draw interest at the rate of seven per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving Fund" for Street Improvement District No. 898. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. Enacted Z z A ..,~ ., '7 APPROVED AS TO FORM AUG 1 61977 LEGAL DEPARTMENT - 2 . . ORDINANCE NO. 6183 An ordinance assessing and levying a special tax to pay the cost of construction of Street Improvement District No. 899' of the City of Grand Island, Nebraska; providing for the collection of such special tax; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 899, 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 improve- ment, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: I- Z r- lJJ r- :E en I- 0:: (,t:) ~ ~ a.. lJJ t:J 0 ::> -l c:( ~ c.!l lJJ -l NAME. LOT ADDITION AMOUNT Glenn Hollister and Marvin Hollister 1 Fonner View Rudolf E. and Jeannice R. Plate 2 " Ed Kolar, Jr., and Donna B. Kolar 3 " Rudolf F. and Jeannice R. Plate 4 n Rudolf F_o and Jeannice R. Plate 5 n Rudolf F. and Jeannice R. Plate 6 n Rudolf F. and Jeannice R. Plate- 7 II Rudolf F. and Jeannice R. Plate 8 " Rudolf F. and Jeannice R. Plate 9 " Rudolf F. and Jeannice R. Plate 10 " Rudolf F. and Jeannice R. Plate 11 ., Orrin J. and Ruth A. Armatys 12 " Rudolf F. and Jeannice R. Plate 13 " Rudolf F. and Jeannice R. Plate 14 " Rudolf F. and Jeannice R. Plate 15 " Rudolf F. and Jeannice R. Plate 16 " Rudolf F. and Jeannice R. Plate 17 " Rudolf F. and Jeannice R. Plate 47 " Rudolf F. and Jeannice R. Plate 48 " Rudolf F. and Jeannice R. Plate 49 " Rudolf F. and Jeannice R. Plate 50 " Rudolf F. and Jeannice R. Plate 51 " Rudolf F. and Jeannice R. Plate 52 " Rudolf F. and Jeannice R. Plate 53 " Rudolf F. and Jeannice R. Plate 54 " Rudolf F. and Jeannice R. Plate 55 " Grand Island School District Pt of E%NE%, Sec. 22-11-9, beginning at a point on the south line of Sunset Avenue, said point being located 209.93' east of the west line of said E%NE% Section 22; thence continuing east along said south line of Sunset Avenue a distance of 100.07'; thence running south parallel to the west line of said E%NE% Sec 22 to the northeast corner of Lot 55 Fonner View Subdivision; thence running west along the north line of said Lot 55, a distance of 125'; thence running north along the east line of Cherry Street a distance of 458.95'; thence deflecting right 80 58' 45" and continuing no~therly alor;g theeas~er~y line of Cherry Street a distance of 159.75 to the p01nt of beg1nn1ng $12,136.70 - 1 - $1,826.02 1,630.70 1,541. 85 1,541.85 1,541.85 1,541.85 1,541.85 1,541. 85 1,541. 85 1,541.85 1,541.85 1,541.85 1,541.85 1,541.85 1,541. 85 1,541.85 1,656.45 1,608.73 1,500.18 1,500.18 1,500.18 1,500.18 1,500.18 1,500.18 1,500.18 1,500.18 . . ORDINANCE NO. 6183 , .. SECTION 2. The special tax shall become delinquent as follows: One-tenth shall become delinquent in fifty days from date of this levy; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six years; one-tenth in seven years; one-tenth in eight years; one-tenth in nine years; provided; however, the entire amount so assessed and levied against each lot or tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each such installment, except the first, shall draw interest at the rate of seven per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving Fund" for Street Improvement District No. 899. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. Enacted ,~ 14 tiC ." .~~ APPROVED AS TO FORM AUG 1 61977 LEGAL DEPARTMENT - 2 - . Ordinance No. 6184 An ordinance assessing and levying a special tax-to pay the cost of construction of Street Improvement District No. 900 of the City of Grand Island, Nebraska; providing for the collection of such special tax; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 900, 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 improve- ment, 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: the several descriptions as follows: NAME LOT ADDITION AMOUNT Rudolf F. and Jeannice R. Plate S72.5' 14 Fonner View $121.96 Rudolf F. and Jeannice R. Plate 15 II 288.40 Rudolf F. and Jeannice R. Plate 16 " 680.10 Rudolf F. and Jeannice R. Plate 17 " 1,779.17 Rudolf F. and Jeannice R. Plate 18 " 1,349.42 Rudolf F. and Jeannice R. Plate 19 " 1,349.42 Rudolf F. and Jeannice R. Plate 20 II 1,349.42 Rudolf F. and Jeannice R. Plate 21 II 1,349.42 Rudolf F. and Jeannice R. Plate 23 " 1,349.42 Rudolf F. and Jeannice R. Plate 24 " 1,349.42 Rudolf F. and Jeannice R. Plate 25 " 1,349.42 Rudolf F. and Jeannice R. Plate 26 " 1,349.42 Rudolf F. and Jeannice R. Plate 27 " 1,349.42 Rudolf F. and Jeannice R. Plate 28 " 1,349.42 Rudolf F. and Jeannice R. Plate 29 " 1,349.42 I- Rudolf F. and Jeannice R. Plate 30 " 1,349.42 z Rudolf F. and Jeannice R. Plate 31 II LLI Rudolf F. and Jeannice R. Plate 1,349.42 :E 32 " 1,349.42 I- Rudolf F. and Jeannice R. Plate 33 II 0::: Rudolf F. and Jeannice R. Plate 1,349.42 <( 34 " 1,521. 68 a.. Rudolf F. and Jeannice R. Plate 35 " LLI 1,510.81 c Rudolf F. and Jeannice R. Plate 36 II 1,394.71 ..J Rudolf F. and Jeannice R. Plate 37 " <( Rudolf F. and Jeannice R. Plate 38 1,394.71 C) II 1,394.71 LLI Rudolf F. and Jeannice R. Plate 39 " ..J 1,394.71 Rudolf F. and Jeannice R. Plate 40 " 1,394.71 Rudolf F. and Jeannice R. Plate 41 " 1,394.71 Rudolf F. and Jeannice R. Plate 42 " 1,394.71 Rudolf F. and Jeannice R. Plate 43 " 1,394.71 Rudolf F. and Jeannice R. Plate 44 II 1,485.27 Rudolf F. and Jeannice R. Plate 45 II 682.11 Rudolf F. and Jeannice R. Plate 46 " 1,755.64 Rudolf F. and Jeannice R. Plate 47 II 1,747.60 Rudolf F. and Jeannice R. Plate 48 II 686.99 . Rudolf F. and Jeannice R. Plate 49 II 297.88 Rudolf F. and Jeannice R. Plate 50 " 129.15 Rudolf F. and Jeannice R. Plate 86.78' 51 II 8.05 ~----_.~---_.-_.'" -- - 1 - . . Ordinance No. 6184 " .. SECTION 2. The special tax shall become delinquent as follows: One-tenth shall become delinquent in fifty days from date of this levy; one-tenth in one 'year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six years; one-tenth in seven years; one-tenth in eight years; one-tenth in nine years; provided; however, the entire amount so assessed and levied against each lot or tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each such installment, except the first, shall draw interest at the rate of seven per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving Fund" for Street Improvement District No. 900 . SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. Enacted 'Z &.. Au( "7) APPROVED AS TO FORM AUG 1 61977 LEGAL DEPARTMENT - 2 - -~. .,'c Ordinance No. 6185 . An ordinance assessing and levying a special tax to pay the cost of construction of Street Improv~ment District No. 901 of the City of Grand Island, Nebraska; providing for the collection of such special tax; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: ~_."'."t~~'".3" SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 901, 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 improve- ment, 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 Rudolf F. and Jeannice R. Plate W 64' 41 Fonner View $164.05 Rudolf F. and Jeannice R. Plate 42 " 454.66 Rudolf F. and Jeannice R. Plate 43 " 1,106.19 Rudolf F. and Jeannice R. Plate 44 " 2,962.33 Rudolf F. and Jeannice R. Plate 45 " 2,129.88 Rudolf F. and Jeannice R. Plate 46 " 2,300.89 SECTION 2. The special tax shall become delinquent as follows: One-tenth shall become delinquent in fifty days from date of this levy; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six years; one-tenth in seven years; one~tenth in eight years; one-tenth in nine years; provided; however, the entire amount so assessed and levied against each lot or tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each such installment, except the first, shall draw interest at the rate of seven per cent per annum from the time of levy until the same shall become delinquent. After the same shall become ~elinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving Fund" for Street Improvement District No. 901 . SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. Enacted ~ z ~"t$ ." . ~~~ C't C ~ J. Y er APPROVED AS TO AUG 1 61977 LEGAL DEPARTMENT ORDINANCE NO. 6186 . An ordinance dedicating to the public a street in the City of Grand Island, Nebraska; defining the boundaries of the street right-of-way; providing available information thereto; providing for filing in the Register of Deeds office; and providing the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The street dedicated is Sutherland Street from the easterly line of Plum Street to the easterly line of Cherry Street. SECTION 2. The boundaries of the street right-of-way are as follows: Beginning on the east and west center line of Section Fifteen (15), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., also being the south line of Union Pacific Railway Co's. Second Addition, at its junction with the southerly prolongation of the westerly line of Block One Hundred Fifty-two (152) in said Union Pacific Railway Co's. Second Addition; thence running northwesterly on the westerly line of said Block 152 to a point eighty (80) feet, or 24.384 meters, north of the east and west center line of said Section Fifteen (15); thence running east on a line parallel to and eighty (80) feet, or 24.384 meters, north of the east and west center line of said Section Fifteen (15) and its east pro- longation for a distance of four hundred (400) feet, or 121.92 meters, more or less, to the northwesterly prolongation of the easterly line of Cherry Street; thence running southeasterly on the northwesterly prolongation of the easterly line of Cherry Street for a distance of ninety (90) feet, or 27.432 meters, to the east and west center line of said Section Fifteen (15); thence running west on the east and west center line of said Section Fifteen (15) for a distance of four hundred (400) feet, or 121.92 meters, more or less, to the place of beginning, as shown on the plat dated 8/16/77, marked Exhibit "A", attached hereto and incorporated herein by reference. SECTION 3. The information for the above was acquired from warranty deeds of record on pages 172, 173, and 174 of Deed Book 74, and on page 69 of Deed Book 61 at the Hall County Register of Deeds Office. SECTION 4. Said street was paved by the creation of Street Improvement District No. 541 in Ordinance No. 5091, and assessed by Ordinance No. 5359; said Ordinances Nos. 5091 and 5359 are hereby reaffirmed and remain in full force and effect. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, as provided by law. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 7. After'passage, approval, and publication of this ordinance, notice of the dedication of said street shall be published in the Grand Island Daily Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted ~.. If ai' "7 ATTEST, ~ ~ty er - LEGAL DEPARTMENT . . ~.p. ~ 't>- \'\". ~'t>-(j\~\(j 'l,~O ~ ~\~,. ~~o ..t.'.~'t>-~~(;J\)' (jo~.r .. 15 .p..~. OF BEGINNING SOUTH LINE OF UNION PACIFIC RAILWAY CO.'. 2nd ADD. . ~ 0180 EAST a WEST ct.. OF . SECTION 15 -11- 9. .) CONYER SION I ft. = 0.3048 meters .~ LEGEND '1111 }' . STREET R.O.W. DEDICATED ) EXHIBIT IIAII I CITY OF GRAN.D ISLAND. NEBR. ENG1NE:ERIN.~ . D~pARTMENt___ --...-------- L~t~:'8t~.....ACCOM~~~_YHORD. _.~_ , ------------------- .t~Q:~I..J!.I'..:=I()~t. 9.~L!J..... 8.I.J~(?7. .;... c.. .~<. ORDINANCE NO. 6187 . An ordinance creating Street Improvement District No. 929; defining the boundaries of the district; providing for the improvement of a street within the district by paving, curbing guttering, and all incidental work in connection therewith; and to provide for an effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 929 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at a point on the southerly line of 16th Street and 132 feet, or 40.234 meters, northeasterly of the easterly line of Kimball Avenue; thence running southerly on a line parallel to and 132 feet, or 40.234 meters, easterly of the easterly line of Kimball Avenue for a distance of 280 feet, or 85.344 meters, to the northerly line of 15th Street; thence running southwesterly on the northerly line of 15th Street for a distance of 344 feet, or 104.851 meters, to a point 132 feet, or 40.234 meters, westerly of the westerly line of Kimball Avenue: thence running northerly on a line parallel to and 132 feet, or 40.234 meters, westerly of the westerly line of Kimball Avenue for a distance of 280 feet, or 85.344 meters, to the southerly line of 16th Street: thence running northeasterly on the southerly line of 16th Street for a distance of 344 feet, or 104.851 meters, to a point 132 feet, or 40.234 meters, easterly of the easterly line of Kimball Avenue, being the point of beginning, all as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. The following street in the district shall be improved by paving, curbing, guttering, and all incidental work in connection therewith: Kimball Avenue from the northerly line of 15th Street to the southerly line of 16th Street. Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the City, adn approved by the Mayor and Council. SECTION 4. The improvements shall be made at public cost, but the cost thereof, excluding intersections, shall be assessed upon the lots and lands in the district specially benefited as provided by law. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, as provided by law. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 7. After passage, approval, and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Daily Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted S E P 6 1977 . A . LEGAL DEPARTMENT e ~\,~~ ~\~ ~~<;) ~ ~;(,. ~~~ ~~ 52.t" I " I " 52.S' I 80' I 52.S' I II I " I " I 52.' I /6111 -0 0 ST IX) IX) j PT. OF BEGINNING ;- 344' h..: 1 .... 132 ..... 132 -II' ~ V) kj f....: ~ 5 :s: -C\J ~ .5 4 ~ V) ~ .(1) -<I) "9;:: ........, ~ ........, . ~ ~ ~ -C\1 C\J ~ ~ 6 ~ 6 7 10 ~ >:.. V) ~ ... ;- 132' -~ 344 ..., .0 /5111 sr .0 CD IX) 1,52.8' I" I II I II I 52.S'l 80' I 52.8" " I " I " I 52.8'1 CONVERSION I tt. = 0.3048 meters EXHIBIT "A" CITY OF GRAND ISLAND, NEBR. ENGINEERING DEPARTMENT. ~ ...-- ----------- JHpL.AT . Tou-ic. COMPANYORD. NO. 6187. ---------------- --....---- STREET IMPROVEMENT DISTRICT NO. 929- P -78 NO.1 r SCALE:I";IOO'- - D. L.J. 8 /24/77. ORDINANCE NO. 6188 . An ordinance creating Street Improvement District No. 930; defining the boundaries of the district; providing for the improvement of a street within the district by paving, curbing, guttering, and all incidental work in connection therewith; and to provide for an effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 930 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning on the north line of O'Grady Street at a point 200 feet, or 60.96 meters, east of the east line of Saint Patrick Avenue; thence running south on a line parallel to and 200 feet, or 60.96 meters, east of the east line of Saint Patrick Avenue for a distance of 803.19 feet, or 253.042 meters, to the north line of Kelly Street; thence running west on the north line of Kelly Street and its west prolongation for a distance of 444.2 feet, or 135.392 meters, to the west line of Dickey 4th Subdivision; thence running north on the west line of Dickey 4th Subdivision and on the west line of Dickey 6th Subdivision for a distance of 830.19 feet, or 253.042 meters, to the west prolongation of the north line of O'Grady Street; thence running east on the west prolongation of the north line of O'Grady Street and on the north line of O'Grady Street for a distance of 443.2 feet, or 135.087 meters, to the point of beginning, all as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. The following street in the district shall be improved by paving, curbing, guttering, and all incidental work in connection therewith: Saint Patrick Avenue from the north line of Kelly Street to the north line of O'Grady Street. Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the City, and approved by the Mayor and Council. SECTION 4. The improvements shall be made at public cost, but the cost thereof, excluding intersections, shall be assessed upon the lots and lands in the district specially benefited as provided by law. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, and publication without the plat, as provided by law. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 7. After passage, approval, and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Daily Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted -.SI.P61977 . . ~~~~.;" l.ty er I LEGAL OEPARTMENT , 1 . .'. j.. J/t \ . e I Q) I ~v't-~..J.. .I~ 183,2' ~I I I -.,. ~ 10 (1) ,... 183.23' 6 <::J~<O' 183,53' 6 183.63' <;-{ (j\~~ N 183.72' 4 183 2' fO" 3 183.92' 2. 184.02' I ..\~# . o c:.,'V I 0 ~~ENTSI co 184~ -,- ~--{ ~I ~V~ _. ~. 184.2' "~.. ~ ~ <0 .,. .0 10 co 184.265' ~-<...y.. ~~<o. m 184.41' e co co 2 .,., POINT OF BEGINNING t-; I co 60' 200 ' . co ~ ~ ~ :s: ~ ~ .co ,... o co .co .... co ,... co .g O'GRADY STREET 200' 9 co IX) 7 .,., ~ 'Ot co ~ co ....... to ~ ~ -co co h... ~ CD ~ co 60' 200' -~ ..j- 6 IX) -1")1 1-(1) ,... - ~l,).J ~ _ ':' ....2b 4' EASEMENTS - -- -CD I I tOl t t-. -co I I tOl I 4 200' CD co 8' EASEMENTS 3 2 ~ ..j- to 200' 10 II 12 ", .'~ .0 co KELLY STREET CONVERSION I ft. = 0.3048 meter XHIBIT "A" CD ~ co ~ CITY OF GRAND ISLAND, NEBRASKA ENGINEERING DEPARTMENT PLAT TO ACCOMPANY ORD. NO. 6188, 'SCALE:!" = 100'. R. O.U. t ST. IMPROVEMENT DISTRICT NO. 930-P-78 NO.1 8/2.5/:"'7 \~~'.',;- ORDINANCE NO. 6189 . An ordinance creating Street Improvement District No. 932; defining the boundaries of the district; providing for the improvement of an alley within the district by paving, curbing, and all incidental work in connection therewith; and to provide for an effective date of this ordinance. BE IT ORDAINED BY THE ~~YOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 932 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning on the southerly line of 3rd Street at its junction with the westerly line of \.Jheeler Avenue; thence running southeasterly on the westerly line of Wheeler Avenue for a distance of 280 feet, or 85.344 meters, to the northerly line of 2nd Street; thence running southwesterly on the northerly line of 2nd Street for a distance of 264 feet, or 80.467 meters. to the easterly line of \.Jalnut Street; thence running northwesterly on the easterly line of Walnut Street for a distance of 280 feet. or 85.344 meters, to the southerly line of 3rd Street; thence running northeasterly on the southerly line of 3rd Street for a distance of 264 feet, or 80.467 meters to the westerly line of wbeeler Avenue, being the place of beginning, all as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. The following alley in the district shall be improved by resurfacing, and incident work in connection therewith. The alley lying between 2nd Street and 3rd Street from the westerly line of Wheeler Avenue to the easterly line of \.Jalnut Street. Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the City, and approved by the Mayor and Council. SECTION 4. The improvements shall be made at public cost, but the cost thereof. excluding intersections, shall be assessed upon the lots and lands in the district specially benefited as provided by law. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, as provided by law. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 7. After passage, approval, and publication of this ordinance. notice of the creation of said district shall be published in the Grand Island Daily Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted SEP 6 1977. ~~ . LEGAL DEPARTMENT . ~ 80'G\~~~1 -'J, O~~ 3rd " II I 66' 80' L - f 264' ST PI. OF BEGINNING "',-J , -0 IX) C\l rt'l ~ CI) 4 I J' ~ (I ;41 , -/ 5 8 .... ~ ., ~ ~ ~ C\l rt'l -to -0 IX) f...... C\l ~ <: ......., ~ ~ ~ ~ ~ ~ -~ -C\l rt'l C\l ~ ~ -- 264 -" o IX) 2M ST ..~\~-o O~ IX) I 66.1 80' I I 80' 66' " " CONVERSION I ft. = 0.3048 meters -- CITY OF GRAND ISLAND, NEBR. ENGINEERING DEPARTMENT. I :~:9~ rO~~CC_OM~ANY O~~.~-~~_ [SC~-~E:I'~IOO' D.L.J. 8/25/77. . STREET IMPROVEMENT DISTRICT NO.932-P-78 NO.1 ORDINANCE NO. 6190 . An ordinance creating Street Improvement District No. 933; defining the boundaries of the district; providing for the improvement of an alley within the district by paving, curbing, and all incidental work in connection therewith; and to provide for an effective date of this ordinance. BE IT ORDAINED BY .THEMAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 933 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning on the southerly line of 3rd Street at its junction with the westerly line of Elm Street; thence running southeasterly on the westerly line of Elm Street; thence running southeasterly on the westerly line of Elm Street for a distance of 280 feet, or 85.344 meters, to the northerly line of 2nd Street; thence running southwesterly on the northerly line of 2nd Street for a distance of 264 feet, or 80.467 meters, to the easterly line of Cleburn Street; thence running northwesterly on the easterly line of Cleburn Street for a distance of 280 feet, or 85.344 meters to the southerly line of 3rd Street; thence running northeasterly on the southerly line of 3rd Street for a distance of 264 feet, or 80.467 meters, to the westerly line of Elm Street, being the place of beginning, all as shown on the plat marked Exhibit "AU attached hereto and incorporated herein by reference. SECTION 3. The following alley in the district shall be improved by paving and all incidental work in connection therewith: The alley lying between 2nd Street and 3rd Street from the westerly line of Elm Street to the easterly line of Cleburn Street. Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the City, and approved by the Mayor and Council. SECTION 4. The improvements shall be made at public cost, but the cost thereof, excluding intersections, shall be assessed upon the lots and lands in the district specially benefited as provided by law. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, as provided by law. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 7. After passage, approval, and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Daily Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted SEP 6 1977 . ATTEST, ~ ~ ~~ ~ty er LEGAL DEPARTMENT . e ~ 80' 66' 66' 80' L II II 0 3L1. ~'v -0 \~~ ST. (Xl (Xl PT. OF BEGINNING ..,. ., " -N ~ !2 V) 4 ~ t!l V) -~ 6~ 0 -(0 co ~ 0 N (Xl ~ N ~ ~ 5 8 N -N ~ !2 rt) ~ 66' II II 66' ,J ... 264' -0 2M ST -0 co co I 80' -<...o~~ 80' I CONVERSION I ft. = 0.3048 meters @ ;/ EX HIBIT "A" CITY OF GRAND ISLAND, NEBR. ENGINEERING DEPARTMENT. I PLAT TO ACCOMPANY OR~ Nn .6190. STREET IMPROVEMENT DISTRICT NO. 933-P-78 NO.1. [SCALE: 1"=100' D.L.J. 8/29/77. ------------ ORDINANCE NO. 6191 . An ordinance creating Street Improvement District No. 934j defining the boundaries of the districtj providing for the improvement of an alley within thedistrictj providing for the improvement of an alley within the district by paving, curbing, and all incidental work in connection therewith; and to provide for an effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 934 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning on the southerly line of Division Street at its junction with the westerly line of Cleburn Street; thence running southeasterly on the westerly line of Cleburn Street for a distance of 280 feet, or 85.344 meters, to the northerly line of Koenig Street; thence running southwesterly on the northerly line of Koenig Street for a distance of 264 feet, or 80.467 meters, to the easterly line of Eddy Street; thence running northwesterly on the easterly line of Eddy Street for a distance of 280 feet, or 85.344 meters to the southerly line of Division Street; thence running northeasterly on the southerly line of Division Street ror a distance of 264 feet, or 80.467 meters, to the westerly line of Cleburn Street, being the place of beginning, all as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. The following alley in the district shall be improved by paving, curbing, and all incidental work in connection therewith. The alley lying between Koenig Street and Division Street from the westerly line of Cleburn Street to the easterly line of Eddy Street. Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the City, and approved by the Mayor and Council. SECTION 4. The improvements shall be made at public cost, but the cost thereof, excluding intersections, shall be assessed upon the lots and lands in the district specially benefited as provided by law. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, as provided by law. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 7. After passage, approval, and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Daily Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted SF P 619.77 ATTEST: ~ L' ~4y~ . LEGAL OEPAtHMENT - RAILROAD ~ 80' 80' L 0 -0 IX) IX) - 264' , ADD. -C\l I-....: C\l ~ <I) 4 1:2 4 K ENI a I s -(0 ~ -(0 -0 IX) C\l ~ ":::i 8 -C\l ~ 5 8 ~ 5 ~ ~ C\l It.J '-J ~ ~ \ , .... 264 .;II 0 KOENIG 57: -0 IX) IX) I 80' I 66' I "A~D: I 66' I 80' I ./ CONVERSION: I ft. = 0.3048 meters EXH 18 IT "A" CITY OF GRAND ISLAND, NEBR. ENGINEERING DEPARTMENT. I PLAT TO ACCOMPANY ORD. NO. I . 6191. ~ STREET'MPROVEMENT DISTRICT NO. 934 - P-78- NO.1 I SCALE: l"=lod D.L.J. 8/24/77. I ORDINANCE NO. 6192 . An ordinance creating Street Improvement District No. 931; defining the boundaries of the district; providing for the improvement of a street within the district by paving, curbing, and guttering, and all incidental work in connection therewith; and to provide for an effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND,NEBRASKA: SECTION 1. Street Improvement District No. 931 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at a point on the west line of Curtis Street and 129.5 feet, or 39.472 meters, north of the north line of John Street; thence running south on the west line of Curtis Street for a distance of 325 feet, or 99.06 meters, to a point 135.5 feet, or 41.3 meters, south of the south line of John Street; thence running west on a line 135 feet, or 41.3 meters, south of the south line of John Street for a distance of 263.25 feet, or 80.239 meters, more or less, to the east right- of-way line of the Saint Joseph Branch of the Union Pacific Railroad; thence running north on the east right-of-way line of the Saint Joseph Branch of the Union Pacific Railroad for a distance of 325 feet, or 99.06 meters, to a point 129.5 feet, or 39.472 meters, north of the north line of John Street; thence running east ana line 129.5 teet, or 39.472 meters, north of and parallel to the north line of John Street for a distance of 262.75 feet, or 80.086 meters, to the west line of Curtis Street, being the place of beginning, all as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. The following street in the district shall be improved by paving, curbing, and guttering, and all incidental work in connection therewith: John Street from the west line of Curtis Street to the east right-of~way line of the Saint Joseph Branch of the Union Pacific Railroad. SECTION 4. The improvements shall be made at public cost, but the Cost thereof, excluding intersections, shall be assessed upon the lots and lands in the district specially benefited as provided by law. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, as provided by law. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 7. After passage, approval, and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Daily Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted SEP 6 19IL. -6-~ t;, /j AUG 3 0 1971 LEGAL DEPARTMENT . . ~ 1--...0 50' 60' 4 Q:: r;t:: 66' PT. OF ~ 64.75' .66' BEGINNIN ~1-64.75 ~ .75 ""~ 66 " 66 , ~ It) h.: It) CS cri 5 8 V) cri - N ~ It) - N r<') ~ 65' 66' " 66' <: ~ 0 JOHN ST ui 0 CD N CD r<')' CX:l 65 It 66 ~ 66 1 ~ It) It) It) ~ 4 ~ .0 ai ~ ~ ~ ~ ~ C) 66' ;. I':: - ';) ~ ~ J....: ~ V) 5 8 @ 50' 60' e CONVERSION J 11. = 0.3048 meters EX H I 8 I T "A" STREET IMPROVEMENT DISTRICT NO. 931- P-78 NO.1 CITY OF GRAND ISLAND. NEBR. ENGINEERING DEPARTMENT. I :~:l. TO, ACCOMPANY ORD. No.1 I SCALE: I": 100' D.L.J.8/30/77.( ORDINANCE NO. 6193 An ordinance to establish a permanent grade in the alley between Huston Avenue and Grand Island Avenue, from 13th Street . to 14th Street; to repeal ordinances or parts of ordinances or provisions in the Grand Island City Code in conflict herewith; and to provide the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The permanent grade of the alley between Huston Avenue and Grand Island Avenue, from 13th Street to 14th, in the City of Grand Island, Nebraska, is hereby established as shown on the drawing dated 7-8-77, drawn by D.L.J., filed in the office of the City Clerk, which drawing, consisting of one page, is hereby adopted and made a part of this ordinance, to have the same force and effect as if such drawing and all notations, references, and other information shown thereon were fully set forth or described herein. Such official drawing shall be certified by the President of the Council and the City Clerk, and the corporate seal of the City affixed thereto. Such drawing is not required to be published as a part of this ord- inance but shall remain at all times on file in the office of the City Clerk. SECTION 2. All ordinances or parts of ordinances or provisions in the Grand Island City Code in conflict herewith, be, and hereby are, repealed. SECTION 3. This ordinance shall take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independent as provided by law. Enacted SEP 6 1977 . ;;;~~r( . LEGAL DEPAfltTMENT .. . ~ j I - ,- f , . ~ ~ ::> .... <<1: o t u l.IJ Q: ~ Z ~ :r: III III Z o j: ct > l.IJ ..J l.IJ ~ ';0.- ., ~ '- i I " ,.>>. I . '" "'.;.... I ..;: ~#. ILL-~ , I, J. '~l... ~ II I ""~ --l.l'z", [ 11 - L - >Tn -~I,?"z11 ::,.~ I . ~ ;.r;~~'N\' -HI (;.'1- J~::J 'bl ",'1 -------L-j-~I~~-r~'r~-r-~ ~=::-1 - . t - ~ ... I ~_l_ L..-. ____.... __--1._._:.L__..L.-.:.. III '-- III @ -. ----1 ....,j' ~ CD z~ ,l\ OL)--' u-J4': ....<<1: L1..J . W<.1) 0- c...' ~'; lL. <(<0 On:>- Z<:J<{ <{ILa 00 w>- >.... ~U a.W o. :x: ct.... ~. '\, ~~ "6 I- en &.IJ ;: ..~ '.. .-o~ Z "-y <( ..J <0 10 (\/ -.. A"" ." I ~ .() , -3 ..- ~.r:-I -. ) .. --. ~". ~ "& .... ~ U\ -::I ~ "E.' 0. .. ... ~ -10 <0 (\/ o ( .1!.. tl 1"1 :is l/ID ~ II .---.------ ".\ . --r--\i1--"iWl-r-r .; [ L '4jl__:'\._, ~.__ It... ., __ ..-.t-.-... . , \', - - I \ i , --.. T \~'XI __ "_'_ _ ____ __. '\. 0::, , 'w \ ...:J~ ~-< ~ ~ ---- -- -'-1 a. '(; i " ~- I ~~ I j :~. ,.-. d ,Q,- '!:".I "~ :~;:'H~J ':,; 4.. ".1. 1-'. :, '. '. . '. ".~ c.t fl. ' \'1"" ~: . .~: .:~ :,'.;: ~~ _-(':~:~f...,.:-t1") .n. ::'", ~l '<l" ~.l o :;: ~I ~ ~. 'f""'r'" z 0: ,'Ih;~~i I ;;'UJ. U ~'~i x:lJ .n ".' ".' ... .... ~ lf4.... .~ ....... 71t 11 W'" .} . LL (.;:;ll.'J,~ ~ 0;'''1<8-;, j >- UJ-t..ltl '. '1> ~ '.";:' t: ~t;:t~ii': u _t-:'!!..,.,,-,<<) ~r;I1PI iN J J j J - ~.... ~~ !~ I I toJr-.. I I , ~ ","-:,.. "'''' ~) Ii I I i I Ii ! o. " I. ~I I I ......, I ~ ~ , I ~I _I lI"\ ~I .~ ,I ": ..; "~'-p'J 'r. -~r I I 10"-;;-; ~-~ G"JVf.,. ~"~ .J , zp':pj ,< '.J ORDINANCE NO. 6194 . An ordinance pertaining to zoning in the City of Grand Island, Nebraska; changing the classification from R1 - Suburban Residential Zone, to RD - Residential Development Zone, of a tract of land comprising a part of the Southwest Quarter (SW\) of Section Twenty-eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., City of Grand Island, Hall County, Nebraska; directing that such change and reclassification be shown on the official zoning map of the City of Grand Island, Nebraska; and amending the provisions of Section 36-7 to conform to such reclassification. WHEREAS, the Regional Planning Commission on August 3, 1977, recommended approval of the proposed zoning of such area; and WHEREAS, notice as required by Section 79-4,151, R.R.S. 1943, has been given to the Board of Education of School District No. 2 in Hall County, Nebraska; and WHEREAS, after public hearing on August 22, 1977, the City Council found and determined that the change in zoning be approved and granted; BE IT ORDAINED BY THE ~fAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the following described real property, to wit: A tract of land comprising a part of the Southwest Quarter (SW\)of Section Twenty-eight (28), TowTIship Eleven (11) North, Range Nine (9) West of the 6th P.M., City of Grand Island, Hall County, Nebraska, and more particularly described as follows: Beginning at a point on the east line of said Southwest Quarter (SW\) , said point being four hundred sixty and forty-six hundredths (460.46) feet south of the northeast corner of said Southwest Quarter (SWJ;;);thencerunning northerly along the east line of said Southwest Quarter (SWJ;;) (assumed bearing of N 000 15' 10" E) a distance of one hundred eighty-five and thirty-six hundredths (185.36) feet to a point on the southerly line of Stagecoach Road; thence running N 740 10' 20" \oJ along the southerly line of Stagecoach Road a distance of three hundred sixty-three and seven-tenths (363.7) feet to the point of curvature of a circular curve to the right; thence following the arc of a circular curve, said curcu1ar curve having a radius of eight hundred thirty (830) feet; a central angle of 60 11' 15" and a tangent of forty-four and eighty-six hundredths (44.86) feet a distance of eighty-nine and sixty- three hundredths (89.63) feet; thence SOOo 15' 10" Wand parallel to the east line of said Southwest Quarter (SW\) a distance of three hundred three and eighty-four hundredths (303.84) feet; thence S 880 42' 30" E and parallel to the north line of said Southwest Quarter (SW,:) a distance of four hundred thirty-five (435) feet to the point of beginning and containing 2.42 acres, more or less; be, and the same is, hereby rezoned and reclassified and changed to RD (Residential Development Zone classification. SECTION 2. That the official zoning map of the City of Grand Island be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That the finding and recommendation of the Regional Planning Commission and of the City Council of the City of Grand Island is hereby accepted, adopted, and made a part . - 1 - of this ordinance. LEGAL DEPAlltTMENT . . ORDINANCE NO. 6194 (Cont'd) SECTION 4. That Section 36-7 of the Grand Island City Code, and all ordinances and parts of ordinances in conflict herewith, are hereby amended to reclassify such above described areas as herein ordered and determined. SECTION 5. That this ordinance shall be in force and take effect from and after its passage and 'publication within fifteen days in one issue of the Grand Island Daily Independent. SEP 6 1977 Enacted A~ ~ H~ - - 2 - . . ORDINANCE NO. 6195 An ordinance assessing and levying a special tax to pay the cost of construction of Sanitary Sewer District No. 428 of the City of Grand Island, Nebraska; providing for the collection ot such special tax; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said sanitary sewer in Sanitary Sewer District No. 428 as adjudged by the Council of said City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon the lots, tracts, and lands as follows: NAME . LOT ADDITION AMOUNT James G. Rector and Pamela J. Rector 10 West Bel Air Fifth $381.81 James G. Rector and Pamela J. Rector 11 " 376.72 James G. Rector and Pamela J. Rector 12 " 376.72 James G. Rector and Pamela J. Rector 13 " 376.72 James G. Rector and Pamela J. Rector 14 " 376.72 Alvin E. and Geraldine D. Meyer 15 " 376.72 James G. Rector and Pamela J. Rector 16 " 381.81 James G. Rector and Pamela J. Rector 17 " 381. 81 James G. Rector and Pamela J. Rector 18 " 376.72 James G. Rector and Pamela J. Rector 19 " 376.72 James G. Rector and Pamela J. Rector 20 " 376.72 James G. Rector and Pamela J. Rector 21 " 376.72 Ed Kolar, Jr. , and Donna B. Kolar 22 " 376.72 James G. Rector and Pamela J. Rector 23 " 381.81 James G. Rector and Pamela J. Rector 24 " 417.45 James G. Rector and Pamela J. Rector 25 " 417.45 James G. Rector and Pamela J. Rector 26 " 417.45 James G. Rector and Pamela J. Rector 27 " 417.45 James G. Rector and Pamela J. Rector 28 " 417.45 James G. Rector and Pamela J. Rector 29 " 417.45 James G. Rector and Pamela J. Rector 30 ff 417.45 James G. Rector and Pamela J. Rector 31 " 592.83 James G. Rector and Pamela J. Rector 32 " 626.17 James G. Rector and Pamela J. Rector 33 ff 381.81 James G. Rector and Pamela J. Rector 34 " 381. 81 James G. Rector and Pamela J. Rector 35 .. 381. 81 James G. Rector and Pamela J. Rector 36 If 381. 81 James G. Rector and Pamela J. Rector 37 It 381.81 TOTAL $11,344.64 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 per cent per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of nine per cent per annum shall be paid thereon until the same is collected and paid. - 1 - . . .. ORDIN~~CE NO. 6195 (Cont'd) // SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby direc'ted to collect the amount of ~aid taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Sewer and Water Extension Fund" for Sanitary Sewer District No. 428. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. Enacted. SEP 1 q 197'7. ~4~ ~ ~ty C er APPROVED AS TO FORM AUG 1 6 1977 LEGAL DEPARTMENT - 2 - . . .. ORDINANCE NO. 6196 An ordinance rezoning a tract of land beyond the corporate boundaries of the City of Grand Island, Nebraska, in Section 32, Township 11 North, Range 9 West of the 6th P.M., Hall County, Nebraska; changing the classification of such tract of land from RD-Residential Development Zone to Amended Residential Development Zone; directing that such change and classification be shown on the official z~ning map of the City of Grand Island; amending the provisions of Section 36-7 of the Grand Island City Code to conform to such reclassification; repealing conflicting ordinances; and providing the effective date of this ordinance. WHEREAS, the Regional Planning Commission on September 7, 1977, recommended approval of the proposed zoning of such area; and WHEREAS, notice as required by Section 79-4,151, R.R.S. 1943, has been given to the Board of Education of Northwest High School and to School District No.4 in Hall County, Nebraska; and WHEREAS, after public hearing on September 19, 1977, the City Council found and determined that the change in zoning be approved and granted; BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the following described real property, located in Hall County, Nebraska, to wit: Southwest Quarter of the Northeast Quarter (SW~NE~) of Section 32, Township 11 North, Range 9 West of the 6th P.M., Hall County, Nebraska, be, and the same is, hereby rezoned and reclassified and changed to Amended RD-Residential Development Zone classification. SECTION 2. That the official zoning map of the City of Grand Island be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That the finding and recommendation of the Regional Planning Commission and of the City Council of the City of Grand Island is hereby accepted, adopted, and made a part of this ordinance. SECTION 4. That Section 36-7 of the Grand Island City Code and all ordinances and parts of ordinances in conflict herewith are hereby amended to reclassify such above described area as herein ordered and determined. SECTION 5. That this ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independent. Enacted SEP 1 9 1977 ATTEST'~ ~~ ~ty C er APPROV~,t)_!() FORM - -/11 SfJp 1 (j 1'j71 / LEGAL DEPARTMENT ORDINANCE NO. 6197 . An ordinance creating Water Main District No. 332, lying in Airport Avenue and Capital Avenue, said water main being within and beyond the corporate limits of the City of Grand Island Nebraska; defining the boundaries of the district; providing for the laying of a water main in said district; providing for plans and specifications and securing bids; providing for the assessment of special taxes for constructing such water main; and providing the effective date hereof. BE IT ORDAINED BY THE ~1AYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBFASKA: SECTION 1. Water Main District No. 332 lying in Airport Avenue from the junction of Fourth Street with Seventh Street to Capital Avenue, and in Capital Avenue from the east line of Airport Avenue to the west line of Goodrich Subdivision extended north, is hereby created for the laying of an eighteen-inch, or 4.5 centimeters, water main in said streets, being within and beyond the corporate limits of the City of Grand Island, Nebraska. SECTION 2. The boundaries of such water main district shall be as follows: Beginning at a point 33 feet, or 10.058 meters, east of the quarter section corner located in the intersection at the junction of Airport Avenue with Seventh Street and Fourth Street; thence running west on the center line of Seventh Street for a distance of 121. Lf6 feet, or 36.997 meters, to the south prolongation of the west line of Lot Ten (10) in Block Four (4) of East Park; thence running north on a line along the west line of Lot One (1) and Lot Ten (10) in Blocks Four (4) and Block One (1) in East Park for a distance of 660 feet, or 201.168 meters, to the south line of Raborn Street; thence running west on the south line of Raborn Street for a distance of 69.53 feet, or 21.193 meters; thence running north on a line along the west line of Lot One (1) in Frank P. Barks' Subdivision for a distance of 363 feet, or 111.223 meters, to the center- line of vacated Glendale Street; thence continuing north on a line along the west line of Lot 23 in Frank P. Barks' Subdivision No.2, having been subsequently platted as Harshall's Subdivision, then vacated in June 1971, and continuing north on a line along the vlest line of Lot 24 in Frank P. Barks' Subdivision No.2, and continuing north on a line along the west line of Lot 39, Lot 40, and Lot 55 in Frank P. Barks' Subdivision No.3, for a distance of 1,372 feet, or 418.186 meters, from the centerline of vacated Glendale Stre~~t to a point on the west line 219.66 feet, or 66.952 meters, south of the northwest corner of Lot 55 in Frank P. Barks' Subdivision No.3; thence running west on a line parallel to and 219.66 feet, or 66.952 meters, south of the north line of Sunny Side Subdivision for a distance of 452.2 feet, or 137.831 meters, to the west line of Lot 45 in Sunny Side Subdivision; thence running north on the west line of Lot 45 in Sunny Side Subdivision and its north prolongation for a distance of 101.6 feet, or 30.968 meters, to the center- line of the vacated alley running east and west; thence running west on a line being the centerline of the vacated alley running east and ,vest in Sunny Side Subdivision, and the west prolongation of the centerline of said vacated alley for a distance of 439.4 feet, or 133.929 meters, to the west line of Geddes Street; thence running south on the west line of Geddes Street for a distance of 14.3 feet, or 4.359 meters, to the southeast corner of Lot One (1) in Block One (1) in Goodrich Subdivision; thence running west on the south line of Lot 1 through Lot 6 inclusive in Block One (1) of Goodrich Subdivision for a distance of 264 feet, or 80.467 meters, to the west line of Goodrich Subdivision; thence running north on the west line of Goodrich Subdivision and its north prolongation for a distance of 202 feet, or 61.57 meters, to the north line of Capital Avenue; thence running east on the north line of Capital Avenue for a distance of 1,344.76 feet, or 409.833 meters, more o~. less, to a point on the east line of Airport Avenue, being 33 feet, or 10.058 meters, east of the section line running north and south located in Airp01:t Avenue; thence running south on the east line of Airport Avenue for a distance of 2,680.2 feet, or 816.925 meters, more or less, to the point of beginning, all as shown on the plat dated 9/19/77 marked Exhibit "A" attached hereto and incorporated herein by reference. . - 1 - ~ - 1 _u. <VI~ . . ORDINANCE NO. 6197 (Cont'd) SECTION 3. Said improvement shall be made in accordance with plans and specifications prepared by the Engineer for the City who shall estimate the cost thereof, and submit the same to the city council, and upon approval of the same, bids for the construction of such water main shall be taken.and contracts entered into in the manner provided by law, SECTION 4. The cost of construction, of such improvement shall be assessed against the property within such district abutting upon the street wherein such water main has been so placed to the extent of benefits to such property, not to exceed the laying of a six-inch water main for the property zoned residential, and not to exceed the laying of an eight-inch water main for property zoned other than residential, by reason of such improvement, and a special tax shall be levied at one time to pay for such cost of construction as soon as can be ascertain; and such special tax and assessments shall constitute a sinking fund for the payment of any warrants or bonds for the purpose of paying the cost of such water main in such district; and such special assessments shall be paid and collected either in a fund to be designated and known as the Sewer and Water Extension Fund for Water Main District No. 332, or the Water Surplus Fund. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, as provided by law. SECTION 6. After passage, approval, and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Daily Independent, a legal newspaper published and of general circulation in said City, as provided by law, 3 1977 Enacted OCT ~ .............. .. ~ . .,'dent 0 t e oune,' 2 ATTEST: /~. ~ ~/ L.~ //' .. % -~ t-'// ~ /' Hy erk - 2 - I I ,I I J..... . I~ I I I I ~ I I~ I I I ,'t1- I ........ ~. I ~. I ~ I. \.'t1- .~ I ~. 10, I I I I I 1-1 ~I :::Ii: ~I ~ ~I S 01 (t ~ jl tf - I ~I I I I I I I I L_ .' ~ ~~ ~~~ ~ c:,\)~. ~ 33' '33' 2 \ ~c:, MATCH__ _ ~~~ LINE 124.94' _RABORN -S'7: -co co. \ ... 69.53'.,. 55.41 \I f 55.41 It) "! o 4 'It It) t\I o 'It i~' "' ~ .; It) t\I o 7 v z Q I-W (,)Z LL1- CI)...J It) t\I d 10 ~ 55.47' 55~7' \I CHICAGO sr-~ -co co ". '., . h.. 55.48 Q:: ~ -It) ....... ~~ -~ 55.48 \I t ~..~. '. -It) t\I o 4 ~. -It) t\I 7 -It) 10 0 t\I 'It 0 33' ~ v II ,,:: ~. i . MATCH LINE 0)" , ........ I _ ~ ~ - ~PT. OF BEGINNING ".33~ V ~1;4 SECTION CORNER EXHIBIT "A" CITY OF GRAND ISLANO.NEBR. 'ENGINEER.ING' DEPARTMENT- OR D.. NO. SHEET IOF4 OIST. NO. 3'32. MAIN<IN AIRPORT AVE. CPJTAL _i c") SCALE:I".loo" D.L.J. 9/19/17. ,E...:-?2--'---:. s~~ 124.58' I I 57: -CD I CD . 1--- MATCH - - - - 124.71:5 I LINE ~~~~. ~ ~ J....... ~ 33' 33' Q. , .. -v ~. CD C\I -v ~. 25 24 CD C\I 01. 0)' ~. . , . I , ~ ~. I -C\1 ~. ~ I'- If) c.,. 124.81' 5r ~ CD CD I 124.83' ffil ..tz, ~ ~I ~I ~ . v -v h.. 0 CD CD ~ ~I 22 C\I 23 C\I ~ ~ :s: t:41 J....... ,t1- "" ~ I Q. ~ , I ~. +1 cil ~. 124.9' CO ~I " ,t1- VACA TED BY I LE, 5r -CD , CD ORD. N( 5013 I ~. t~ 124.94 I CQ' ~ - I 0)' I ~ -If) I " ~ I - I .~ 13 t;~~.. -v CD I ~. C\I ,0 ,""""" \ ~t:, I I 33' 33' 124.94 , MATCH - - - - -- I LINE 57: "CD I CD ~ ...69.5~ .... I I I I I EXHIB IT II A" MATCH TRUMAN .INE- - - - - ~~~ ~~ ELDORAD0 GLENDA . ~ K~~ 2 ~~r ttMAT.fH_ _ -~'!"~ LINE . RABORN SHEET 2 OF 4 OIS1: NO. ~32. WATER MAIN IN AIRPORT AVE. a CAPITAL AVE. CITY .QF GRAND ISLAND, NEBR. ENGINEERING DEPARTMENt I PLAT TO ACCOMPANY ORD. No.1 6197 I SCALE: 1':=100' D.LJ. 9/19/77.1, " . ~ ,":',,,,. e I I I I I I I I I I I I I I ~,... 'V~D~^ I 'rl- I I~ ~ .,'w~ I T .f> .f>_ = = = ~A = ,(Ie , . .f> .- .f> Ii\) I St GEDDES 66' - jf; (') )> -f ITI 0 to -< - 0 ::0 0 z 9 .f> (J) 0 .f> V) ="i e - ~ ~ ~ ~ 101 114 c-< ,- --.I =-, = I I = I = I = I = I - I - I T = I T = "I I I I = " = ~~ _ T I - , 101.6 _ f ~ - (J1 ~ I = (0- ~ " (X) " .1'\ = V~ " -<9 MA TCH_~ = - '" LIN E ~ ~ 114' --.1- 66' k" 202' 136 Ol I '" en .f> <.Ie ~- t 01_ 136' /3.75' sr ..1'\ V~ t1 !. ~ ~L (0 ~ :.e. 114 ()J ~ o OJ .f" ~ )> ~ 0 to - -< -~ - ::0 ~ 0 - ~ to t '" .f> - ~ 33' 33' en en h. = ~ ~ !'i~ .f> ':::tJ .f>. ~ ~' ~ ........ : = = " = " = = = = = = : OJ .f> = .f> :.., en. : 1+ = : " r----=-@T--- " . ~:-' -- - to 114' 33' .:;,j EXHIBIT II All 10.75' SHEET 4 OF 4. 0151. NO. 332. WATER MAIN IN AIRPORT AVE. a CAPITAL AVE. CITY OF GRAND ISLAND, NEBR. ENGINEERING DEPARTMENT. I PLAT TO ACCOMPANY ORD. NO., < 6197. . I SCALE: I"e 100' D.L.J. 9/19/77.1 . ORDINANCE NO. 6198 An ordinance creating Water Main Connection District No. 333T, said Water main lying in Airport Avenue and Capital Avenue and being within and beyond the corporate limits of the City of Grand Island, Nebraska; defining the boundaries of the district; providing for the laying of a water main in said district; providing for plans and specifications and securing bids; providing for the 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: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND 'ISLAND, NEBRASKA: SECTION 1. Water Main District No. 333T lying in Airport Avenue from the junction of Fourth Street with Seventh Street to Capital Avenue, and in Capital Avenue from Airport Avenue to the west side of Saint Paul Road, is hereby created for the laying of an eighteen- inch (18"), or 4.5 centimeters, water main in said streets, being within and beyond the corporate limits of the City of Grand Island, Nebraska. SECTION 2. The boundaries of such water main district shall be as follows: ~ Q:; ~~ J~ , C':l fa. 1- >--... <:.:> ~ '\::.~ 0- <( f- Z W ~ f- a:: <;: o. w Cl :..s ex: Cl IJ..I ..J . To ascertain the actual place of beginning, commence at the section corner at the junction of Airport Avenue and Capital Avenue; thence running east on the section line in Capital Avenue for a distance of 133 feet, or 40.538 meters to the actual place of beginning; thence running south on a line being 133 feet, or 40.538 meters, east of the section line in Airport Avenue for a distance of 2,647.2 feet, or 806.867 meters, more or less, to the center line of 7th Street, being on the quarter section line running east and west from the quarter section corner in Airport Avenue; thence running west on the center line of 7th Street for a distance of 166 feet, or 50.60 meters, to a point 33 feet, or 10.058 meters, west of the section line in Airport Avenue; thence running north on a line 33 feet, or 10.058 meters, west of the section line in Airport Avenue for a distance of 2,614.19 feet, or 796.805 meters to a point 33 feet, or 10,058 meters, south of the section line in Capital Avenue; thence running west on a line 33 feet, or 10.058 meters, south of and parallel to the section line in Capital Avenue for a distance of 1,278.76 feet, or 389.766 meters, to the northwest corner of Goodrich Subdivision; thence running south on the west line of Goodrich Sub- division'to a point 133 feet, or 40.538 meters, south of the section line in Capital Avenue; thence running west on a line 133 feet, or 40.538 nleters, south of and parallel to the section line in Capital Avenue for a distance of 3993 feet, or 1.217.066 meters, more or less, to a point 33 feet, or 10.058 meters, ~est of the section line in Saint Paul Road; thence running north and parallel to the section line in Saint Paul Road for a distance of 100 feet, or 30.48 meters, to a point 33 feet, or 10.058 meters, south of the section line in Capital Avenue; thence running west on a line 33 feet, or 10.058 meters, south of and parallel to the section line in Capital Avenue to a point 40 feet, or 12.192 meters, west of the section line in Saint Paul Road; thence running north on a line parallel to and 40 feet, or 12.192 meters, west of the section line in Saint Paul Road for a distance of 66 feet, or 20.117 meters, to a point 33 feet, or 10.058 meters, north of the section line in Capital Avenue; thence running east on a line 33 feet, or 10.058 meters, north of and parallel to the section line in Capital Avenue to a point 33 feet, or 10.584 meters, west of the section line in Saint Paul Road; thence running north on a line parallel to and 33 feet, or 10.058 meters, west of the section line in Saint Paul Road for a distance of 100 feet, or 30.48 nleters, to a point 133 feet, or 40.~38 meters, north of the section line in Capital Avenue; thence running east on a line 133 feet, or 30.48 meters, north of and parallel to the section line in Capital Avenue for a distance of 5,346 feet, or 1,629.461 meters, more or less, to a point 33 feet, or 10.058 meters, east of the section line in Airport Avenue; thence running south on a line 33 feet, or 10.058 meters, east of the section line in Airport Avenue for a distance of 133 feet, or 40.538 meters, more or less, to the section line in Capital Avenue; thence running east on the section line in Capital Avenue for a distance of 100 feet, or 30.48 meters, to the actual place of beginning, all as shmm on the plat, dated 9/21/77 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 . . ORDINANCE NO. 6198 (Cont'd) same to the City Council, and upon approval of the same, bids for the construction of such water mai.n shall be taken and contracts entered into in the manner provided by law. SECTION 4. The cost of such Water Main Connection District shall be reported to the city council, and the council, sitting as a board of equalization, shall determine benefits to abutting property by reason of such improvement, pursuant to Section 16-6,103, R.R.S. 1943. The special benefits shall not be levied as special assessments but shall be certified by resolution of the city council to the Hall County 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 water main in such district. No property thus benefited by water main improvements shall be connected to the water main until the connection fee is paid, not to exceed the laying of a six (6) inch, or 15.24 centimeter, water main for the property zoned residential, and not to exceed the laying of an eight (8) inch, or 20.32 centimeter water main for the property zoned otherwise. The connection fees collected shall be paid into a fund to be designated as the fund for Water Main Connection District No. 333T 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 Water Main Connection District No. 333T may be made by warrants drawn upon the Sewer and Water Extension Fund for Water Main Connection District No. 333T, or the Water Surplus Fund. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, as provided by law. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. OCT Enacted 3 1977 . ATTEST: /~' //~ ~ -r::::.r ~ 6(:i, -' ~3r;?k ~_ C~ty er' -"~>>> - 2 - t "~ :~ . j ~ -~ -. I I 1 Z o iii :> is CD "'J b en .~ ..J ~ -'3Nn- ___'_'__'___~_________._____~~_'_____""__.'_'~___"'____~'-_A_._<,._>_.__..~_=----......__..~~~'O~"_._~.".__._~._______ ... ....0 ~I fri - ~~ :::. ' ~li3 en (I) !<'" f?~ ;J~ ~~ <(~ ~ 6-11-11 -f, ,9:1 ,"~: "i: ,:J~ ,..~z .~',S9 ~ ,~n ~ ~t:; 1') ~r;~Q:('J " ~iO ~ ~~!~~g-~ ~~~ NOI :>3S T ~L .Z lNll ,.,,~' - '~' ~ il 00 ~I ..... ",. -jj;!j;'- (I)" ~g (I) ..J j _---1-- 'lI\!on ~ -:(~ -:() l&!WOl Cf.lCll,!. l!P( T t~'" MJ. '( ~-$ ,- - -- 0: ~ <.> ~ ;:: <.> w '" ! - n:: CI) III '" ~!z iO 0 -w z OJ; c:i -~ f- a: ~! ~ 0 .J 11. ~ ~ iJ) lI.J -0 ~ CllO :--:Z ::; t= <to: 0 '-' 0:: uJ '-' m 19w <( LL~ 0 J: O~ b >--w ~ X t: ..J W U n. ~ .-' 99:' . I ~ \;~ z " " c:~ " W)~ _ !e a:: v ... ~~ ~, h -. ,.. M'M'N ,t>':'l .~ .99. ,.,z al -~ pel ~ .<~" .,'eCJ vG~n:-lh;t;;% j "", , -:"0 ~~-~~N~.~ ~~ ~-ff ~- .~IO ~ C) "3^,,' (03..LYJV;'J ~ :l ! -~ ~ '\j.~-, ...~ .-- ,93 ,li: Ot' I ,lipt >-' '" 1--- f--- -~..: ty, '" '" ~~0Wll~ ,... ,.. I N I Ol ui ...; D.; ~~ b '" '" '" t-' 1Il is Z o i= '-' III ;Z Z o '-' Z ;( :E a: IaJ l- e( ~ Ol I .. '" !~i-~ -~- -- ==;j ~~ ~ ~-~; -,::-ili~:.;= Ii ~l_~ ~ :z ~ --r- > 0;( cC 0 Hi-- t-1;- ~ .~~I ~ f--~- r:r- is w uJ ... N .:: <ri N ~ N d (I) N Z " ,99 ,----- HOJ.VW f\ :z o t IaJ (I) ~ ~ 9 -:g IS S3003!J ~X" t!:-~J ;-~il~l --~ +----ftt-i ~-~F-;j y "'~-I ...;1 ,001 I' II. o Ol 1. T 2 . Z 0 i= '-' IaJ (I) ... ~ ,~I ,E<I- r.i Z f 3i z t: ~ ,~ 'j t~ ...;tOl zw, (I) ... I O~2 t-';t; ll. Z HOJ.V"- . .. -", '" '" '" Ol 1. I 2 - l-- -~ -, Hf",~g~ "',...-- -- Z o i= o w (I) ORDINANCE NO. 6199 An ordinance to amend Section 20-86.3 of the Grand Island . City Code pertaining to speed limits on Webb Road; to establish speed limits on Webb Road between u.s. Highway 281 and State Highway No.2; to provide penalties; and to provide the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Section 20-86.3 of Chapter 20 of the Grand Island City Code be amended to read as follows: "Sec. 20-86.3. SPEED LIMITS - WEBB ROAD It shall be unlawful for any person to operate a vehicle on Webb Road between U. S. Highway 281 and State Highway No.2 at a rate of speed greater than forty miles per hour." SECTION 2. Any person violating the provisions of this ordinance shall, upon conviction, be deemed guilty of a mis- demeanor and be punished as provided in Section 1-7 of the Grand Island City Code. SECTION 3. This ordinance shall be in force and take effect from and after its passage, approval, and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted OCT 3 1977 . ATTEST: f&/://;/. .. /4~~~tL "' / C~ty C er tfl/J ~ " Q -z s~dent of the Council -- . LEGAL DEPARTMENT - ORDINANCE NO. 6200 . An ordinance pertaining to zoning in the City of Grand Island, Nebraska; changing the classification from Rl - Suburban Residential Zone, to R4 - High Density Residential Zone of Lots 12 and 13, Brentwood Subdivision in the City of Grand Island; directing that such change and reclassification be shown on the official zoning map of the City of Grand Island, Nebraska; and amending the provisions of Section 36-7 to conform to such reclassification. WHEREAS, the Regional Planning Commission on September 7, 1977, recommended approval of the proposed zoning of such area; and WHEREAS, notice as required by Section 79-4,15l,R.R.S. 1943, has been given to the Board of Education of School District No. 2 in Hall County, Nebraska; and WHEREAS, after public hearing on September 19, 1977, the City Council found and determined that the change in zoning be approved and granted; BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the following described real property, to wit Lots Twelve (12) and Thirteen (13), Brentwood Subdivision in the City of Grand Island, Nebraska, be, and the same is, hereby rezoned and reclassified and changed to R4 - High Density Residential Zone classification. SECTION 2. That the official zoning map of the City of Grand Island be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That the finding and recommendation of the Regional Planning Commission and of the City Council of the City of Grand Island is hereby accepted, adopted, and made a part of this ordinance. . SECTION 4. That Section 36-7 of the Grand Island City Code, and all ordinances and parts of ordinances in conflict herewith, are hereby amended to reclassify such above described areas as herein ordered and determined. - 1 - M LEGAL DEPARTMENT J l ' ORDINANCE NO. 6200 (Cont'd) SECTIONS. That this ordinance shall be in force . and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independent. Enacted OCT. .31977. tfl~~o~ - ATTEST: //9J?M/?/.. . ~4 City Clerk . - 2 - ".o;;,~ ORDINANCE NO. 6201 . An ordinance pertaining to zoning in the City of Grand Island, Nebraska; changing the classification from R2 - Low Density Residential Zone, to R4 - High Density Residential Zone, of a tract of land in the South Half of the Southeast Quarter (S~SE%) of Section IS, Township 11 North, Ra~ge 9 West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska; directing that such change and reclassification be shown on the official zoning map of the City of Grand Island, Nebraska; and amending the provisions of Section 36-7 to conform to such reclassification. WHEREAS, the Regional Planning Commission on September 7, 1977, recommended approval of the proposed zoning of such area; and WHEREAS, notice as required by Section 79-4,151, R.R.S., 1943, has been given to the Board of Education of School District No. 2 in Hall County, Nebraska; and WHEREAS, after public hearing on September 19, 1977, the City Council found and dete~inined that the change in zoning should be approved and granted; BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the following described real property, to wit: A tract of land being a part of the South Half of the Southeast Quarter (S~SE%) of Section IS, Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: Beginning at a point on the north line of said South Half of the South- east Quarter (S~2SE3;;), said point being 33 feet west of the east section line of said Section; thence southerly along a line parallel to and 33 feet from said east seccion line a distance of 349.6 feet; thence westerly along a line 349.6 feet from a parallel to the north line of said South Half of the Southeast Quarter (S%SE3;;) to the east right-of-way line of Cherry Street; thence northwesterly along said east right-of-way line to the north line of said South Half of the Southeast Quarter (S%SE3;;); thence easterly along the north line of said South Half of the Southeast Quarter (S%SE3;;) to the point of beginning, be, and the same is, hereby rezoned and reclassified and changed to R4 - High Density Residential Zone classification. SECTION 2. That the official zoning map of the City of Grand Island be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That the finding and recommendation of the Regional Planning Commission and of the City Council of the City of Grand Island is hereby accepted, adopted, and made a part of this ordinance. SECTION 4. That Section 36-7 of the Grand Island City Code, and all ordinances and parts of ordinances in conflict herewith, are hereby amended to reclassify such above described area as herein ordered and determined. SECTION 5. That this ordinance shall be in force and take effect from and after its . of the Grand Island Daily Independent. o Enacted /~g~-<6 LEGAL DEPARTMENT ....,,~ ~ ~; I ! I , r f ORDINANCE NO. 6202 . An ordinance creating Water Main D:~E:trict No. 334 in the City of Grand Island, Nebraska; defining the boundaries of the district; providing for the laying of a water main in said district; providing for plans and specifications and securing bids; providing for the assessment of special taxes for constructing such water main; and providing the effective date hereof. BE IT ORDAINED BY TRE 11AYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Water Main District No. 334 in the City of Grand Island, Nebraska, is hereby created for the laying of a six-inch, or 15.24 centemeters, watermain in Hedde Street and Hope Street from the existing water main in Sylvan Street to the cul de sac in Hope Street being north of vacated Windolph Avenue. SECTION 2. The boundaries of such water main district shall be as follows: Beginning at the northeas t corner of Lot Three (3) in 0' Neill Third Subdivision; thence running south on the east line of Lot Three (3) in O'Neill Third Subdivision for a distance of 171 feet, or 52.121 meters, to the southeast corner of Lot Three (3) in O'Neill Third Subdivision; thence running west on the south line of Lot Three (3) in 0' Neill Third Subdivision for a distance of 10.5 feet, or 3.200 meters, to a point 142.5 feet, or 43.434 meters, east of the east line of Rope Street; thence running south on a line parallel to and 142.5 feet, or 43.434 meters, east of the east line of Hope Street for a distance of 340 feet, or 103.632 meters, to a point lL;.O feet, or 42.672 meters, north of the north line of Hedde Street; thence running east on a line parallel to and 140 feet, or 42.672 meters, north of the north line of Hedde Street for a distance of 10.5 feet, or 3.200 meters, to a point 153 feet, or 46.634 meters, east of the east line of Hope Street; thence running south on a line parallel to and 153 feet, or 46.634 meters, east of the east line of Hope Street for a distance of 140 feet, or 42.672 meters, to the north line of Redde Street; thence running east on the north line of Hedde Street for a distance of 192 feet, or 58.522 meters, to the east line of Sylvan Street; thence running south on the east line of Sylvan Street for a distance of 60 feet, or 18.288 meters, to the south line of Hedde Street; thence running west on the south line of Hedde Street for a distance of 202.5 feet, or 61.722 meters, to a point 142.5 feet, or 43.434 meters, east of the east line of Hope Street; thence running south on a line paralle to and 142.5 feet, or 43.434 meters, east of the east line of Hope Street for a distance of 140 feet, or 42.672 meters, to a point 140 feet, or 42.672 meters, south of the south line of Hedde Street; thence running west on a line parallel to and 140 feet, or 42.672 meters, south of the south line of Hedde Street for a distance of 177.1 feet~ or 53.980 meters, more or less, to the west line of Rope Street; thence running north on the west line of Hope Street and vacated Hope Street, also being the west line of Pleasant Home Subdivision for a distance of 850.1 feet, or 259.11 meters, more or less, to the southwest corner of O'Neill Second Subdivision; thence running east on the south line of O'Neill Second Subdivision for a distance of 187.14 feet, or 57.040 meters, to the point of beginning, as shown on the plated ated 10n /77, marked Exhibit "An attached hereto and incorporated herein by reference. ::E 0: ft o l- f- Z w ::E t- o: <C a.. w o -I <( (,!) W -I r-- r-- 0> SECTION 3. Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the City who shall estimate the cost thereof, and submit the same to the city council, and upon approval of the same, bids for the construction of such water main shall be taken and contracts entered into in the manner provided by law. SECTION 4. The cost of construction of such improvements shall be assessed against the property within such district abutting upon the streets wherein such water main has been so placed to the extent of benefits to such property, not to exceed the laying of a six-inch, or 15.24 centemeters, water main by reason of such improvement, and a special tax shall be . levied at one time to pay for such cost of construction as soon as can be ascertained; and . ,. ORDINANCE NO. 6202 (Cont'd) such special tax and assessments shall constitute a sinking fund for the payment of any warrants or bonds for the purpose of paying the cost of such water main in such district; and such special assessments shall be paid and collected either in a fund to be designated and known as the Sewer ,and Water Extension Fund for Water Main District No. 334, or the Water Surplus Fund. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, as provided by law. SECTION 6. This ordinance with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 7. After passage, approval, and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Daily Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted 0 CT 1 7 197.7 ~~ .. ~ty ~ ~ - - 2 - e e m I I - (\J +1 - Z - 0 0 10 - (J) I- U W en .. 'v ....... w en l.L 0 .-= Q.. p'NEILL I 7 I I L_ _ 93.23' -.. 142.5 ~ ~PLEASA CI) -~--- t\I <0 9 II 2 SUB. 142.5 t\I <00 V It) o 10 NO. 4883. ~ VAC. av. ORD. -$ HOME , , 142.5' ,r10.5 . - - 1153'.- ---- ~- - - - - <0 <0 ~ ~ ~- ... 153' o v SUB. _l_ 192' -0 CQ 142.5' () v ..... 142.15' ... 177.1 ,HEDDE - , 202.5 CONVERSION 1ft. =0.3048 meters 60' - 60' L OXNARD ,AVE ~ CI) of WINDOLPH AVE <: ~ ~ ,CI) .... , g 57: ~ - E X HI BIT II'AII,' CITY OF GRAND 'ISLANP, NE,SR.' .' ENGINEERINGDEPA8TMEN1:{ ,,' PLAT' TO.AC<:()MP~NY OIIl"NO:;; 8202. ", "", 4.L;E,(:~~,'b~t,,>, ,.', 0-. ,,__...,,' .. - .,' :~ ,-~ - -- '-' .. -- -', -,-.... ... ':-- -'- - .. .. .... - :'" :' ;.~rl'''.'~A,I'N(PI,t''JC1: NO~ 114.,:. ..;.: ',," ;~_'"'.; ',:,'_j:.:'_ ....:):,_ '': <;-.: ,,':_, .~. ",", <:".,~._"'><iY ',,'; >', .... _::" -::""';'..." ,,",\.."'" ":0:.' '-, ,,':?!,;___>-..I,~.-.. ":- ...!'-. .. ,.-, .'.'- ,'" ,,_~' :"~".-'.<- ,"-''',-,' - -c-."'-" ORDINANCE NO. 6203 . An ordinance assessing and levying a special tax to pay the cost of construction of Sanitary Sewer District No. 431 of the City of Grand Island, Nebraska; providing for the collection of such special taxi and repealing any provision of the Grand Island City Code, ordinances,.and parts of ordinances in conflict herewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assesse~ upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said sanitary sewer in Sanitary Sewer District No. 431 as adjudged by the Council of said City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one tilue upon the lots, tracts, and lands as follows: aescr1pC1ons as ~oLlows: NAME . LOT BLK . ADDITION AMOUNT -- Stephen K. and Margery Woodman 19 C Parkview Calletta Oakley 20 C " Stephen K. and Margery Woodman 21 C " Frank T. and Doris K. Dowd 22 C " Dorothy E. Rembolt 23 C " Frank T. and Doris K. Dowd 24 C " Richard H. and Karen K. Houck 25 C " Meta C. Wrage 26 C " Donald G. and Virginia A. Thomsen 27 C " James H. and }1arsha K. Truell 28 C II Daniel L. and Charmaine L. Arp 29 C II Eugene L. and Jacqualyne N. Heupel 30 C " Inez Hae Latta and Betty N. Kelso 31 C " Inez Mae Latta and Bettv M. Kelso 32 C II Inez Hae Latta and Betty N. Kelso 33 C " Inez Mae Latta and Betty H. Kelso 34 C " Elmer H. and Hazel Hann Part of the NE~ of Sec 29-11-9, described as beginning at a point 923' south of the north line of the NE~ of Section 29-11-9, said point being on the west line of Blaine Street; thence running south on the west line of Blaine Street for a distance of 400'; thence running west perpendicular to the last described course a distance of 167'; thence running north parallel to the west line of Blaine Street a distance of 400'; thence running east perpendicular to the last described course a distance of 167' to the point of beginning $551. 95 551.95 551.95 551. 95 551.95 551.95 55l. 95 551. 95 551. 95 551. 95 551. 95 551.95 551. 95 551. 95 462.25 462.25 $2,067.21 . 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 per cent per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the _:r:~t~L~f nine__~~_~__~~nt per annum shall be paid thereon until the same is collected and paid. .- .-----.....--. --..-. - 1 - . . ORDINANCE NO. 6203 (Cont'd) SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Sewer and Water Extension Fund" for Sanitary Sewer District No. 431, SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. Enacted 3 1977. the Council OCT ATTEST: ^~~L ",1 r / ' ity er -- ORDINANCE NO. 6204 An ordinance assessing and levying a special tax to pay the cost of construction of Street Improv~ment District No. 893 of the City of Grand Island, Nebraska; providing for the collection of such special tax; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith. . BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 893, 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 improve- ment, after due notice having been given thereof as provi.ded by law; and, a special tax for such cost of construction is hereby levied at one tinle upon such lots, tracts, and lands, as follows: NAME William B. and Leonora M. Jones Lewis W. Hilligas Lewis W. Hilligas Lewis W. Hilligas John Swick Raphael J. and Janette Poplau William B. and Leonora M. Jones Leonora H. Jones Leonora M. Jones Leonora H. Jones Leonora ~1. Jones Leonora H. Jones Leonora H. Jones Dorothy and James Hicks Gordon E. and Mildred H. Dahlke Warren Davis Warren Davis Ray L. and Rebecca J. Eri.cson Ray and Janette Poplau Ray and Janette Poplau Gerald L. and Joan L. Rapp Gerald L. and Joan L. Rapp Gerald L. and Joan L. Rapp Stahla Mobile Homes, Inc. Harold C. and Jacqueli.ne B. Medlen Harold C. and Ja.cqueline B. Hedlen Harold C. and Jacqueline B. Medlen Michael L. and Deborah A. Crick Michael L. and Deborah A. Crick Robert LeRoy Follmer Robert LeRoy Follmer Stahla Mobile Homes, Inc. Stahla Mobile Homes, Inc. Stahla Mobile Homes, Inc. Charles L. and Charlene K. Hoore 5165' N35' 815' Part of Part of E28' W22' E39' W11' E30' WlO' of WID' W26.5' E23.5' W3' E47' , LOT 33 16 17 18 19 20 21 1 2 3 4 5 6 8 9 10 11 14 14 15 15 16 17 18 E40' 18 18 19 20 21 22 23 23 24 25 25 BLK 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 ADDITION Geer Sub. Blain " " " " " " " " " " .. " " .. " " " " " " " " " " " " " " " " " " " AMOUNT $448.55 61.49 110.67 196.76 351.70 624.70 1,114.13 556.05 556.05 486.54 208.52 695.06 695.06 1,081. 83 606.59 329.22 36.62 29.51 31. 97 81.16 29,51 196.76 351. 70 329.57 lLIO ,18 l5ll. 94 1,114.13 1,114.13 624.70 351. 70 H8',05 78.70 110.67 4.92 56.57 SECTION 2. The special tax shall become delinquent as follows: One-tenth shall become delinquent in fifty days from date of this levy; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six years, one-tenth in seven yearsi one-tenth in eight years; one-tenth in nine years; provided, however, the entire amount so assessed and levied against each lot or tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each such installment, except the first, shall draw interest at the rate of seven per cent per annum from the time of levy until the same shall become delinquent. After the saIne shall become delinquent, interest at the rate of nine per cent per annum shall . be paid thereon. ~, . . ORDINANCE NO. 6204 (Cont'd) SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving Fund" for Street Improvement District No. 893. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance. or part of ordinance. in conflict herewith. is hereby repealed. Enacted OCT 3 1977 . :1Jf~~~ J.t cr "1 1 ';1 I :1 i ,; ORDINANCE NO. 6205 . 1 . a special tax to pay the cost of construction of An ordinance assessing and eVY1ng of the City of Grand Island, Nebraska; providing for 1. . of the Grand Island City the collection of such special tax; and repea 1ng any prov1sion Street Improvement District No. 895 d t f ord~nances in conflict herewith. Code, ordinances, an par s 0 ~ 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 paying the cost of construction of specially benefited, for the purpose of parcels of land, 895 as adJ'udged by the Council of the City, sitting as said Street Improvement District No. , a Board of Equalization, to the extent of benefits accruing thereto by reason of such improve- ment, after due notice having been given thereof as provided by law; and, a special tax for hereby levied at one time upon such lots, tracts, and lands, as such cost of construction is follows: NAME LOT ELK ADDITION AMOUNT Harold J. and Burdean A. Christ 1 Jasper B. and Shirley M. Leago E49.75' 2 Jerome and Norma J. Kosmicki 3 Donald J. and Alice A. Lonowski 4 Lynn K. and Donna M. Grabill 5 Ronald B. and Eunice E. Alexander 6 Raoul R. and Nadine C. Ruple 7 Delbert E. and LaShara M. Nuss 2 Merlin C. and Bernice M. Derman 3 Johnson Land Company 1 Imperial Village Johnson Land Company 2 If School Dist. No.2 Part of E;"SW% of Section 8-11-9, described as beginning at a point on the east right-of-way line of Hancock Avenue being a prolongation of the north line of 16th Street; thence east 300'; thence south parallel to the east line of Hancock Avenue a distance of 548.17'; thence west 300' to the east line of Hancock Avenue; thence north on the east line of Hancock Avenue a distance of 548.17' to the point of beginning Island Acres No. Island Acres No. II II 8 $2,315.90 9 252.54 1,251.20 1,167.10 1,167.10 1,167.10 1,167.10 10 1,158.17 1,158.14 6th 1,181.86 1,181.28 II II II Island Acres No. II $10,758.72 SECTION 2. The special tax shall become delinquent as follows: One-tenth shall become . delinquent in fifty days from date of this levy; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six years, one-tenth in seven years; one-tenth in eight years; one-tenth in nine years; provided, however, the entire amount so assessed and levied against each lot or tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each such installment, except the first, shall draw interest at the rate of seven per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving Fund" for Street Improvement District No. 895. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. Enacted OCT 3 1q77 . / '/-?/~ ~ -~ . . ORDINANCE NO. 6206 An ordinance assessing and levying a special tax to pay the cost of construction of Street Improvement District No. 905 of the City of Grand Island, Nebraska; providi.ng for the collection of such special tax; and repealing any provision of the Grand Island City Code. ordinances, and parts of ordinances in conflict herewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBR..~SKA: SECTION 1. There is hereby assessed'upon the following described lots, tracts, and d . 11 b f't d f the purpose of paYJ.'ng the cost of construction of parcels of Ian , specJ.a y ene J. e, or said Street Improvement District No. 90S, 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 improve- ment, after due notic~ having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: NAME . LOT BLK 1 16 2 16 3 16 4 16 5 16 6 16 to 6 16 7 16 8 16 8 16 9 16 9 16 10 16 to 5 16 ADDITION AMOUNT -- West Park $1,047.47 II 566.92 II 307.82 II 166.09 " 90.80 II 90.80 II 33.22 " 166.09 II 130.66 " 177.16 II 376.47 " 190.45 " 1,047.47 " 33.22 One-tenth shall become Alvin O. and Patricia L. Dickey Velma Mary Duering Velma Mary Duering Wayne W. and Edith M. Sawyer Wayne W. and Edith M. Sawyer Mauritz R. and Alice M. Olson Mauritz R. and Alice M. Olson S~ vacated 11th St. adjacent Roland and Elsie D. Britton Roland and Elsie D. Britton Dale R. and Dorothv M. Clark Dale R. and Dorothy M. Clark Milton K. and Helen R. Brandt Milton K. and Helen R. Brandt Douglas L. and Sharon J. Somerhalder S~ vacated 11th St. adjacent N!>..; S~ N38J.,;' S14.5' SECTION 2. The special tax shall become delinquent as follows: delinquent in fifty days from date of this levy; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six years, one-tenth in seven years; one-tenth in eight years; one-tenth in nine years; provided, however, the entire amount so assessed and levied against each lot or tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each such installment, except the first, shall draw interest at the rate of seven per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving Fund" for Street Improvement District No. 905. 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. 3 1977 . Enacted OCT Q';} . ~esident of the Counc il ~ ~/, ORDINANCE NO. 6207 . An ordinance assessing and levying a special tax to pay the cost of construction of Street Improvement District No. 909 of the City of Grand Island, Nebraska; providing for the collection of such special tax; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION- 1. There is hereby assessed.upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 909, 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 improve- ment, 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 Steven D. and Mary B. Norans Steven D. and Mary B. Norans E7' of E12' Warren D. and Nancy A. Rodgers E7' John Il. and Barbara R. Withers Fileman O. and Felicisima G. Alcontara Fi1emon O. and Felicisima G. Alcantara Part of E14' Sterling G. and NOI~a P. Caulkins Part of Ell' 11 8 II Sterling G. and Norma P. Caulkins 12 8 II Herbert and Neva Stander 1 9 II Herbert and Neva Stander E19' 2 9 II M. H. and Berna M. Donnermeyer Part of ~.JJ7' 2 9 II Robert O. and Nelvadeen Neely Part of W42' 11 9 II Victor H. and Jolene G. Nelson E14' 11 9 " Victor H. and Jolene G. Nelson 12 9 " Richard W. and Barbara Grotzky Part of Block 10, Morris Fifth Addition, described as beginning at a point 70' east of the northeast corner of Lot 1, Block 7, on the south right-of-way line of 18th Street; thence east 70'; thence south perpendicular to said right-oE-way line a distance of 130'; thence west parallel to said right-oE-way line a distance of 70'; thence n~rth perpendicular to said right-oE-way line a distance oE 130' to the point of beginning Robert A. and Janet L. Blair Part of Block 10, Morris Fifth Addition, and part of vacated Vine Street described as beginning at the southeast corner of Lot 12, Block 8; thence east on the north right-oE-way line of 18th Street 70'; thence north perpendicular to said right-oE-way line a distance of 130'; thence west parallel to said right-of-way line a distance-oE 70'; thence south perpendicular to said right-DE-way line a distance of 130' to the point of beginning Richard A. and Julia M. Epperly Part of Block 10, Morris Fifth Addition and part of vacated Vine Street described as follows: Beginning at the southeast corner of Lot 12, Block 7; thence east on the north right-of-way line oE 17th Street a distance of 70'; thence north perpendicular to said right-of-way line a distance of 130'; thence west parallel to said right-of-way line a distance of 70'; thence south perpendicular to said right-of-way line a distance of 130' to the point of beginning Eldon E. and Dorothy Ervin Part of Block 10, Morris Fifth Addition, and part of vacated Vine Street described as beginning at the northeast corner of Lot I, Block 7; thence east on the south right-ai-way line of 18th Street a distance of 70'; thence south perpendicular to said right- of-way line a distance of 130'; thence west parallel to said right-of-way line a distance of 70'; thence north perpendicular to said right-of-way line a distance of 130' to the point of beginning 298.37 follows: NAME . LOT ELK ADDITION 1 7 Morris Fifth 2 7 II 11 7 II 12 7 " 1 8 " 2 8 " . - 1 - AMOUNT $112.54 10.47 10.47 112.54 133.48 21. 82 14.84 123.27 289.67 66.44 54.92 18.60 31. 89 183.37 661~. 79 322.19 298.37 '~r . . ORDINANCE NO. 6207 (Cont'd) Mar}c L. and Donna L. Zook 1 1 Waggener Sub. $2,103.04 John P. and Haranna M. Arnett 2 1 " 682.99 David M. and Kathryn J. DeCamp 3 1 " 382.69 Michael J. and Laura J. Nelson 4 1 It 770.69 Phill ip J. and Shirley A. Welding 5 1 " 1,512.69 Maxine Hurt Denman 1 2 " 1.567.77 William G. and Darlene D. Arnall 2 2 " 672.64 Kenneth R. and Dorothy J. Lilienthal 3 2 " 31.9.31 Larry J. and Claire K. Arndt 4 2 " 723.68 Glen D. and Dora L. Diamond 5 2 " 1,537 .~15 Maxine D. Gillham 1 3 " 1,499.70 John W. and Rebecca L. Morgan 2 3 " 664.79 Raymond P. and Twila M. Pfeifer 3 3 " 1,499.70 SECTION 2. The special tax shall become delinquent as follows: One-tenth shall become delinquent in fi.fty days from date of this levy; one-tenth in one year; one-tenth in two years; one-.tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six years, one-tenth in seven years; one-tenth in eight years; one-tenth in nine years; provided, however, the entire amount so assessed and levied against each lot or tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each such installment, except the first, shall draw interest at the rate of seven per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving Fund" for Street Improvement District No. 909. 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. OCT 3 1977 Enacted .- - 2 - ORDINANCE NO. 6208 . An ordinance assessing and levying a special tax to pay the cost of construction of Street Improvement District No. 910 of the City of Grand Island, Nebraska; providing for the collection of such special tax; and repealing any provision of the Grand Island City Code, ordina?ces, and parts of ordinances in conflict herewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION'l. There is hereby assessed .upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 910, 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 improve- ment, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: NAME LOT BLK ADDITION AMOUNT Ervin H. and Joanne Fay Meinke W26.4' 3 68 Wheeler & Bennett's Second $210.16 Gerald R. and Ruth E. Rugg 4 68 " 661. 60 5 68 " 1,224.61 Ernest H. Mohr 68 " 1,224.60 Burdette J. and Betty J. Riese 6 7 68 " 661.60 James W. and Cecilia R. Garretson Williams W26.4' 8 68 " 210.16 Harry J. and Naude E. " 1,224.60 Carol L. and Constance F. Ayers 1 69 69 " 661.60 Frank E. and Ada E. Guy 2 E26.4' 69 " 210.16 Mildred B. Enevoldsen 3 Watson Likes E26.4' 8 69 " 210.16 Bess E. 9 69 " 661. 60 George H. and Erma N. Peterson Miller Wilson 10 69 " 1,224.60 Lvdia A. SECTION 2. The special tax shall become delinquent as follows: One-tenth shall become delinquent in fifty days from date of this levy; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six years, one-tenth in seven years; one-tenth in eight years; one-tenth in nine years; provided, however, the entire amount so assessed and levied against each lot or tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each such installment, except the first, shall draw interest at the rate of seven per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the . "Paving Fund" for Street:: Improvement District No. 910. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. Enacted OCT 3 1977 . "'--"'--~ e Council ATTEST. : /'/. ~~~ ~ .,-~' ,~.._>r'" _ :- /. - (,' 4. 'CJ.ty l; ~ ----. ORDINANCE NO. 6209 . An ordinance creating Street Improvement District No. 935; defining the boundaries of the district; providing for the improvement of streets within the district by paving, guttering, and all incidental work in connection therewith; and 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. 935 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: r- r- en I- Z W ~ I- IX <( 0- W o ...J <( Cl WJ ..J Beginning at a point on the section line in Saint Paul Road and 245.25 feet, ' or 74.752 meters, north of the east prolongation of the north line of 18th Street; thence running south on the section line in Saint Paul Road for a distance of 605.25 feet, or 184.480 meters, to a point 300 feet, or 91. 44 meters, south of the east prolongation of the south line of 18th Street; thence running west on a line parallel to and 300 feet, or 91. q.4 meters, south of the east prolongation of the south line of 18th Street and the south line of 18th Street, for a distance of 165 feet, or 50.292 meters, to the east line of Lot 5 in Block 4 of Blain Addition; thence running south on a line parallel to and 165 feet, or 50.292 meters, west of the section line in Saint Paul Road, for a di.stance of 163.5 feet, or 49.835 meters, to a point 161 feet, or 49.073 meters, south of the south line of Blain Addition; thence running west on a line parallel to and 161 feet, or 49.073 meters, south of the south line of Blain Addition, also being 300 feet, or 91.44 meters, south of the south line of 18th Street, for a distance of 993 feet, or 302.666 meters, to the south prolongation of the west line of Lot 24 in Block 4 of Blain Addition; thence running north on the south prolongation of the west line of Lot 24 in Block 4 of Blain Addition, and on the west line of said Lot 24, and on the east line of Illinois Avenue, for a distance of 488 feet, or 148.742 meters, to the northwest corner of Lot 20 in Block 3 of Blain Addition; thence running east on a line parallel to and 138 feet, or 42.062 meters, north of the north line of 18th Street for a distance of 643 feet, or 195.986 meters, to a point 7 feet, or 2.134 meters, west of the southeast corner of Lot 7 in Block 3 of Blain Addition; thence running north on a line 7 feet, or 2.134 meters, for a distance of 35.5 feet, or 10.820 meters, to a point 102.5 feet, or 31.242 meters, south of the south line of 19th Street; thence running east on a line parallel to and 152.5 feet, or 46.482 meters, south of the north line of 19th Street for a distance of 350 feet, or 106.68 meters, to the east line of Indiana Avenue; thence running north on the east line of Indiana Avenue and its north prolongation for a distance of 245.25 feet, or 74.752 meters, to a point 92.75 feet, or 28.270 meters, north of the northeast corner of 19th Street and Indiana Avenue; thence running east on a line parallel to and 245.25 feet, or 74.752 meters, north of the north line of 18th Street between Indiana Avenue and Saint Paul Road, for a distance of 165 feet, or 50.292 meters, to the section line in Saint Paul Road, being the point of beginning, all as shown on the plat dated 10/3/77, marked Exhibit "A", attached hereto and incorporated herein by reference. guttering, and all incidental work in connection therewith: SECTION 3. The following streets in the district, shall be improved by paving, curbing, 18th Street from the east line of Illinois Avenue to the existing paving in Saint Paul Road (for the purpose of this ordinance, that part of Indiana Avenue joining 18th Street lying west of Indiana Avenue to 18th Street lying east of Indiana Avenue, shall be considered as a portion of 18th Street). Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the City and approved by the Mayor and Council. SECTION 4. The improvements shall be made at public cost, but the cost thereof, excluding intersections, shall be assessed upon the lots and lands in the district specially benefited thereby as provided by law. . - 1 - . . ORDINANCE NO. 6209 (Cont'd) SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, as provided by law. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 7. After passage, approval, and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Daily Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted () CT 1 7 1977 ~~k:: (;1 ty er ----.. - 2 - . ~ OttO.!! ;; ----"I.s;: .--. ~ ~~ -I E ~~ o. l _::, D>' ; JJ ~' -1- i -I -\- -1- t- 1- - -\ rj" \,Y-- 1 ',,, ,., -'j i -~ -j I ~ I ".- _ C;l ,:;tr~ - - (lQ( ~ "a. l" 'I'" I"""" t:~ <'~I' ,i', . 'j _:'1_':' "'l~j~- ; :'! <l: .~ i~ 1"1 .~ ~ h.: .~ - I I v I <l: I ro 8 .~ N "I J 1 l'~'l I ._~'<;:,)I- f'" "" - ;;,;, ~'~~~'-';: ;;'j ~ /~ '"'~~" t~ · ffi~J ~- -- ~ - - ~':, '{ - ~ ~ S Z(il ~ L-._4L_~ ~ - - 'l" --", - I' -.~--", ---:'1 ,,~-. , ,0.. "10 'I t \'-1 (l) 10 I ,O~ 1\0 Ul ti ,191 <t "l - II"'; O~J rO ~ 1 '.f 4 .,.. I W - -----1+-:-+------i --"'----- -~ V-,II I -0\ 0-'" ______ t-..;Si II,' ""I-..:'" -- ---- ~ - ----0 -- I~ " CI') ,00>: , :ll ,I; I' ,I I ---~-- z '" , . ~ ,I 'I \ ~ ~......" ~ ~ tI,l : I ~ ~ u.. t .& ~,V< :3 L g \" I 1 I 'I I ,I I I I , I I 1 I " , I 'I I ~" <..1% i ':Z ....\.} Ou.l ,\Q) y~-- :~ 1 , I : :_~_I r~~1 ,I --l J ,_ '( I'll ~-,...- \.. ~. 1.:;.; C,09 z o t:... u"' w..~ --------...-....--... '---'--'-"s:;'~-------- .'_ 7()Vd :.:.,; fS'-:: '" ~ 10 \S\ I' ,10'10<;: ro 1"1 @ .", '" '" ~ 1"1 L f I I " I ! I " dl 'y' ~ .:;'11 '" z II "' :Ii "' <I ! I "' 1 -", i , II \ I' I I I ,I ! I , I 00 I , I (\j .. Q2 1 0 "0 I (\j '" B<;:I ~<;:! I ~ I I <:t ." \' (\j', I ,c,Bat- In '6 I ~~ " F - :~~~r/ d ,I I I 'I ~ ~ ) ., .c::: .... 0) ...... ~ ~ ,\91 ,O~ .0 '" - :.;'11/1 SION1771 n~1 , .-,.~,,,,>:.,,,...,.., '~""'''''''..'''''!':'''''''~'~''~'--':'''-'''' ~~I ..... a to- " '" '" zz 0 " 'WI ~ ~::f >- <(0- Z ... '" <l: ..J<( !!!... ... ..I W ::E ci 00 0 z v .0 -4 <tc) <) lrz <( ~ = 1:>- lr ~oi t- "'"w ow 0 (() z '" >-- ....'" ~ ...." <( J.: _Z ..10 V X VW Q.Z '" W I ~I .. Z ... v It: ... II) ..: Q .. - .. l- E El CD cot 00 .-r<'l ~l <II ' ...0 Q) > . '! c . 0:: u_ I- '" .... It: ... (II . . ORDINANCE NO. 6210 An ordinance to vacate an alley between Anna Street anc Oklahoma Avenue from Harrison Street to Tilden Street in the City of Grand Island, Nebraska, conditioned upon the reser- vation of the alley vacated for a public utility easement; and to provide the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That said alley, being of variable width, ranging from 16 feet, or 4.877 meters, to 12 feet, or 3.658 meters, in width, from the easterly line of Tilden Street; thence easterly for a distance of 454.8 feet, or 138.623 meters, more or less, to the west line of Harrison Street, in the City of Grand Island, Nebraska, be, and hereby is, vacated, provided and conditioned, that said City reserves for the public the entire vacated alley for a public utility easement. A public utility easement is reserved to construction, operate, maintain, extend, repair, replace, and remove sanitary sewer mains, water mains, storm drainage lines, overhead and underground electric transmission and distribution lines, padmount transformers, secondary terminals, high voltage terminals, gas mains, telephone lines, and appurtenances thereto, in, over, underneath, and through said utility easement, together with the right of ingress and egress through and across the utility easement for the purpose of exercising the rights herein granted. No improvements, structures, or buildings of any kind whatsoever shall be allowed in, upon, or over the utility easement herein retained. The foregoing alley vacated, and the public easement reserved, is as shown on Exhibit "A" dated 10/6/77 attached hereto and incorporated herein by reference. SECTION 2. The title to the alley vacated by Section I of this ordinance, being in Pa~khill Second Subdivision, shall revert to the owner or owners of lots or lands abutting the same in proportion to the respective ownerships of such lots or grounds, and the portion of the alley vacated, lying easterly of Parkhill Second Subdivision shall revert to the owner or owners of lots or lands abutting the same and being on the southerly side of said vacated alley. SECTION 3. That a certified copy of this ordinance is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication without the plat, within fifteen days, in one issue of the Grand Island Daily Independent, as provided by law. Enacted APPROVED AS TO FORM OCT 1 0 1977 LEGAL DEPARTMENT -- > CHARLES WASMER'S . 3RD ADD. . ORDINANCE NO. 6211 . An ordinance to amend the Grand Island City Code by adding thereto Article V to Chapter 20 of said Code; to define terms; to regulate the parking and storage of reGreational vehicles; to provide for a penalty; to repeal conflicting ordinances; and to provide an effective date. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Chapter 20 of the Grand Island City Code is hereby amended by adding the following article: "ARTICLE V RECREATIONAL VEHICLES AND VESSELS "Section 20-181. Definitions For the purpose of this article, camping~ and recreational equipment is defined as, and shall include, the following: A. Recreational Vehicle - A general term applying to the following specific vehicle types: 1. Camper Trailer. A folding or collapsible vehicular structure without its own motive power, designed as temporary living quarters for travel, camping, recreation and vacation use, and eligible to be licensed or registered and insured for highway use; 2. Travel Trailer. A rigid vehicular structure, without its own motive ~ 0:: o """ o f- .n I- Z IJ.J :;: I- 0:: <( Q. W Cl -I <( C) IJ.J -I power, designed as a temporary dwelling for travel, camping, recreation or vacation use, and eligible to be licensed or registered and insured for highway use, and which when equipped for the road, has a body width of not more than eight feet; 3. Truck Camper. A portable structure, without its own motive power, designed to be transported on a powered vehicle as a temporary dwelling for travel, camping, recreation or vacation use, and which, in combination with the carrying vehicle, is eligible to be licensed or registered and insured for highway use; 4. Motor Home. A vehicular unit built on, or as a part of, a self-propelled motor vehicle chassis, primarily designed to provide temporary living quarters for recreational, camping, or traveling use, and which is eligible to be licensed or registered and insured for highway use; 5. Boat Trailer. A vehicular structure without its own motive power designed to transport a recreational vessel for recreational vacation use, which is eligible to be licensed or registered and insured for highway use; 6. Horse Trailer. A vehicular structure without its own motive power not exceeding twenty feet in length, eight feet in width, and ten and one-half feet . in height, designed primarily for the transportation of horses and which, in - 1 - ORDINANCE NO. 6211 (Cont'd) . combination with the carrying vehicle, is eligible to be licensed or registered and insured for highway use; 7. Utility Trailer. A vehicular structure without its own motive power not exceeding twenty feet in length, eight feet in width, and ten and one-half feet in height, designed and/or used primarily for the transportation of all manner of motor vehicles, goods or materials, and eligible to be licensed or registered and insured for highway use. B. Recreational Vessel - A term applying to all manne~ of water craft, other than a seaplane on water, whether impelled by wind, oars, or mechanical devises, and which is designed primarily for recreational or vacation uses. A recreational vessel, when mounted upon a boat trailer, and its towing recreational vehicle, when parked or stored in the side or rear yard or behind the required front yard, shall be considered one unit, exclusive of its towing recreational vehicle." "Section 20-182. Parking and Storing - Recreational Vehicles or Recreational Vessels Any owner, lessee, or bailee, of a recreational vehicle or recreational vessel, as defined in subparagraphs A and B of Section 20-181, may park or store such recreat- ional vehicle or recreational vessel on a single lot in a residential district, subject to the following: 1. Such recreational vehicle or recreational vessel shall be maintained in a clean, sanitary state so as not to attract pests or vermin of any nature. 2. If such recreational vehicle or recreational vessel is equipped with liquified petroleum gas containers, such containers shall meet the standards of the Interstate Commerce Commission or the Federal Department of Transportation or the American Society of Mechanical Engineers, as such standards existed on September 23, 1975. Further, the valves of such liquified petroleum gas con- tainers must'be closed when the recreational vehicle or recreational vessel is not being readied for immediate use, and in the event that leakage is detected from such liquified petroleum gas containers, immediate corrective action must be taken. 3, At no time shall such parked or stored recreational vehicle or recreational vessel be occupied or used for living, sl~eping, or housekeeping purposes, except as provided in subsection 4 of this section. 4. It shall be lawful for only nonpaying guests at a residence in a residential district to occupy one recreational vehicle or recreational vessel . - 2 - ORDINANCE NO. 6211 (Cont'd) . parked or stored, subject to the provisions of this chapter, for sleeping purposes only for a period not exceeding one week. The total number of days durin& which a recreational vehicle or recreational vessel may be occupied under this subsection shall not exceed 30 days in any calendar year. 5. Such recreational vehicle or recreational vessel may be parked or stored in the following manner: (a) Parking is permitted inside any closed structure, which structure otherwise conforms to the zoning requirements of the particular zone where located; (b) Parking is permitted outside in the side yard or in the rear yard behind a required front yard; (c) Parking is permitted outside within the required front yard area on a driveway or a hard-surfaced pad adjacent to the driveway for one recreational vehicle or one recreational vessel, provided: (1) The recreational vehicle or recreational vessel is parked perpendicular to the front curb; (2) The recreational vehicle or recreational vessel must be at least 10 feet in back of the front curbing; (3) The sides of the recreational vehicle or recreational vessel does not exceed 40 feet in length, eight feet in width, or 12 feet in height. For the purposes of determining external measurements: (i) Truck campers and recreational vessels shall be measured in conjunction with their carrying vehicles, with the whole being considered as one unit for measuring purposes; and (ii) As to other recreational vehicles, the length restriction shall apply to the body measurement only. (4) The City Council shall have the power to grant relief from any of the foregoing provisions in such selected instances as it may deem appropriate under the circumstances." "Section 20-183. Exceptions Nothing in this chapter shall prohibit the temporary parking on a driveway within the front yard of any recreational vehicle or recreational vessel for loading or unloading purposes. Such temporary parking shall be for a period not- exceed 24 hours. . - 3 - 1 . . ORDINANCE NO. 6211 (Cont'd) Further, no recreational vehicle or recreational vessel shall be parked for loading or unloading purposes more than 24 hours in a weekly period." SECTION 2. Any person violating any provisions of this ordinance shall be subject to the penalties provided in Section 1-7 of the Grand Island City Code. SECTION 3. Any ordinance, or parts of ordinances, in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in force and take effect from and after its passage, approval, and publication as provided by law. OCT 1 7 1977 . Enacted ATTEST, ~~ ~ ~~ ~ty C er - - 4 - . . ORDINANCE NO. 6212 An ordinance to amend Section 10 of Ordinance No. 6156 of the City of Grand Island, known as the Annual Appropriation Ordinance; to repeal the original Section 10; to provide severability; 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 10 of Ordinance No. 6156 of the City of Grand Island, enacted July 11, 1977, be, and hereby is, amended to read as follows: "Section 10. UTILITY FUNDS That the sum of $3,031,709.00, being the unexpended balance in the Electric Department, and $58,537.00 in the Water Department, and that the estimated receipts in the sum of $14,000,000.00 from the sale of electricity; and that the estimated receipts in the sum of $881,000.00 from the sale of water, are hereby appropriated for the purpose of paying the expenses of the operation of the said departments, including salaries and all incidental expenses in connection with the operation, maintenance, repair, and enlargement of said department plants. The sum of $80,000,000.00 from the sale of bonds is hereby appropriated for the ensuing fiscal year for the purpose of constructing a 100 KW coal fired power plant. The sum of $1,500,000.00 from the sale of bonds is hereby appropriated for the ensuing fiscal year for the purpose of constructing improvements to the water supply system." SECTION 2. That the original Section 10 of Ordinance No. 6156 as heretofore existing, be, and hereby is, repealed. SECTION 3. If an~ section, subsection, or any other portion of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct, and independent, and such holding shall not affect the validity of the remaining portions thereof. SECTION 4. This ordinance shall be in force and take effect from and after its passage, approval, and publication as provided by law. Enacted ocr I? "1977 . ouhe Council City Clerk LEGAL DEPARTMENT ORDINANCE NO. 6213 . An ordinance assessing and levying a special tax to pay the cost of construction of Street Improvement District No. 906 of the City of Grand Island, Nebraska; providing for the collection of such speC1 1 t d l' 'a ax; an repea 1ng any provision ?fthe Grand Island City Code, ordinances, and parts of ordinances in conflict herewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed. upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 906, 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 improve- ment, 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 James L. and Maxine D. Gillham Evelyn B. Rowe Evelyn B. Rowe Delmar F. and Carol L. Buhrman John L. and Lynn Bates Thomas P. and Donna M. Jarzynka Gilbert E. and Betty J. Spilger Wayne D. and Beverly L. Burson Meister Brothers Contractors Meister Brothers Contractors Clarence J. and Rosalie R. Fav Robert R. and Lynda L. Fickes' Arlene N. Schwartz Volney D. and Mary E. Lofgreen Sidney R. and Patricia M. Moe William E. and Phyllis L. Haivala S52.27' . LOT BLK ADDITION AMOUNT 1 1 Dickey Third $2,848.52 2 1 If 1,115.56 3 1 " 429.06 4 1 " 123.30 16 1 If 456.95 17 1 If 1,188.07 18 1 If 3,033.67 6 2 " 94.85 7 2 If 408.74 8 2 " 1,101.11 9 2 If 2,911.75 10 2 " 3,101.01 11 2 " 1,172.68 12 2 If 435.31 13 2 " 101. 02 15 1 " 131. 31 N43.27' N43 . 27 ' S52.27' SECTION 2. The special tax shall become delinquent as follows: One-tenth shall become delinquent in fifty days from date of this levy; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six years, one-tenth in seven years; one-tenth in eight years; one-tenth in nine years; provided, however, the entire amount so assessed and levied against each lot or tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each such installment, except the first, shall draw interest at the rate of seven per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall . be paid thereon. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving Fund" for Street Improvement District No.. 906. 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. OCT 1 7 1977 . Enacted 47.~ esident of the Council <<~4/<-- I r::f'it, "',..... a ...._. ._.._ ORDINANCE NO. 6214 An ordinance assessing and levying a special tax to pay the cost of construction of Street Improvement District No. 907 of the City of Grand Island, Nebraska; providing for . the collection of such special tax; and repealing any provision o.f the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 907, 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 improve- ment, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: NAME LOT BLK George A. and Shirley Kroeger William R. and Jean K. Plock Timothy J. and Bonnie J. Cameron Daniel H. and Judith C. Weeks Richard D. and Dawn L. Daly Rueben and Helen V. Ek Alvin D. and Florence D. Joy Jacob T. and Phyllis M. Miller Grandview Apartments, Ltd. 1 2 3 S43.27' 4 S43.27' 15 16 17 18 W4l3' 12 2 2 2 2 2 2 2 2 ADDITION AMOUNT Dickey Third $2,906.85 " 1,099.25 " 408.05 " 94.69 " 100.84 " 434.57 " 1,170.71 " 3,095.79 BELS Second 9,064.02 SECTION 2. The special tax shall become delinquent as follows: One-tenth shall become delinquent in fifty days from date of this levy; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six years, one-tenth in seven years; one-tenth in eight years; one-tenth in nine years; provided, however, the entire amount so assessed and levied against each lot or tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby. satisfied and released. Each such installment, except the first, shall draw interest at the rate of seven per cent per annum from the time of levy until the same shall become delinquent. After the same shall be~ome delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving Fund" for Street Improvement District No.90? SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. Enacted D ~;T '1 ? 19'7l . . ATTEST: ~fi:~~ ___1- APPRO LEGAL DEPARTMENT ORDINANCE NO. 6215 . An ordinance assessing and levying a special tax to pay the cost of construction of Street Improvement District No. 911 of the City of Grand Island, Nebraska; providing for the collection of such special tax; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No.. 911, 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 improve- ment, 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 Henry C. and Ruth 1. Bach, Marion D. and Loretta L. Larsen, Dean R. and Naomi J. Erickson 1 BELS Second $2,400.33 Henry C. Bach, et al 2 " 1,383.15 Henry C. Bach, et al 3 " 780.38 Henry C. Bach, et al 4 11 435.93 Henry C. Bach, et al 5 11 242.19 Henry C. Bach, et al 6 " 134.55 Grandview Apartments, Ltd. W300' 12 " 4,457.29 Elmer W. and Norma J. Mettenbrink 1 Dickey 3,852.30 Elmer W. Mettenbrink and Kenneth H. Jenkins S118' 2 " 1,925.52 Netti.e L. Mosher N118' 2 " 1,925.30 Bonnie J. Range 1 Dickey Fourth 1,924.88 Bonnie J. Range S30.46' 2 " 496.88 Henry C. Bach, et al WI' 7 BELS Second 5.38 . SECTION 2. The special tax shall become delinquent as follows: One-tenth shall become delinquent in fifty days from date of this levy; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six years, one-tenth in seven years; one-tenth in eight years; one-tenth in nine years; provided, however, the entire amount so assessed and levied against each lot or tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each such installment, except the first, shall draw interest at the rate of seven per cent per annum from the time of levy until the same shall become delinquent. After the sante shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving Fund" for Street Improvement District No. 911.. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or POCtTo! 7r,97ynce, in conflict herewith, is hereby repealed. Enacted A~~ ~. ~ty C er -kAPPROV IJ,' I LEGAL DEPARTMENT . . " "....",,,,"<.N/j, ORDINANCE NO. 6216 An ordinance to vacate a part of Stagecoach Road in the City of Grand Island, Nebraska; and to provide the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COL~CIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That a part of the platted street known as Stagecoach Road in the City of Grand Island, described as: Commencing at the Northwest corner of the Southwest Quarter (SW~) of Section 28, Township 11 North, Range 9 West of the 6th P.M., Hall County, Nebraska; thence east along the north line of said Southwest Quarter (SW~) for 1,430.21 feet; thence following the north line of Stagecoach Road along a curve to the left (having a radius of 214.21 feet and a long chord bearing S 790 03' 18" W for 81.34 feet), an arc distance of 81.84 feet to the true point of beginning; thence (the next three courses being on the north line of said Stagecoach Road) (1) Continuing along the curve to the left (having a radius of 214.21 feet and a long chord bearing S 610 00' 45" W, for 52.92 feet), an arc distance of 53.06 feet; thence (2) S 530 55' 00" W for 193.33 feet; thence (3) along a curve to the right (having a radius of 310.00 feet and a long chord bearing S 670 49 I 10" W for 148.97 feet),. an arc distance of 150.44 feet to the end of Stagecoach Road; thence S 80 16' 41" E for 60.00 feet to the south line of said Stagecoach Road; thence (the next three courses being on the south line of said Stagecoach Road) (1) Along a curve to the left (having a radius of 370.00 feet and a long chord bearing N 670 49' 10" E for 177.80 feet), an arc distance of 179.56 feet; thence (2) N 530 55' 00" E for 193.33 feet; thence (3) Along a curve to the right (having a radius of 154.21 feet and a long chord bearing N 560 47" E for 14.88 feet), an arc distance of 14.89 feet; thence N 10 17' 00" W for 65.98 feet to the true point of beginning (the north line of the SW~ of Section 28, Township 11 N, Range 9 West assumed to be east/west in direction); be, and hereby is, vacated. SECTION 2. That the.title to the street vacated by Section 1 of this ordinance shall remain in the name of the City of Grand Island, Nebraska. SECTION 3. That this ordinance is hereby directed to be filed in the office of the Register of Deeds, Hall County,Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted n ('~ '~i ,.) t.5 J 1 7 1q71 . A~/~~ / #~ ~ty er . LEGAL DEPARTMENT . . ORDINANCE NO. 6217 An ordinance to vacate a part of Riverside Estates Unit 1 in the City of Grand Island, Nebraska; and to provide the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That a part of Riverside Estates Unit 1, a subdivision in the City of Grand Island, Nebraska, more specifically parts of Lots 27, 28, and 37, and all of Lots 30 through 35, inclusive, more particularly described as follows: Commencing at the northwest corner of the Southwest Quarter (SW%) of Section 28, Township 11 North, Range 9 West of the 6th P.M., Hall County, Nebraska; thence east along the north line of said Southwest Quarter (SW%) for 1,350.00 feet; thence S 10 17' 00" E for 81. 43 feet to the south line of Stagecoach Road and the true point of beginning; thence continuing S 10 17' og" E for 378.39 feet; thence S 89 57' 53" W for 338.36 feet; thence N 1 02' 22" W for 189.38 feet to the southwest corner of Stagecoach Road; thence (the next three courses being on the south line of said Stagecoach Road): (1) Along a curve to the left (having a radius of 370.00 feet and a long chord bearing N 670 49' 10" E for 177 .80 feet). an arc distance of 179.56 feet; thence (2) N 530 55' 00" E for 193.33 feet; thence (3) along a curve to the right (having a radius of 154.21 feet and a long chord bearing N 560 40' 47" E for 14.88 feet), an arc distance of 14.89 feet to the true point of beginning; be, and hereby is, vacated. SECTION 2. The title to the property vacated by Section 1 of this ordinance shall revert to the owner or owners of lands abutting the same in proportion to the respective ow~erships of such lands. SECTION 3. This ordinance is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted OCT 1 7 1977 ATTEST: ~&~/ LEGAL DEPARTMENT . . ORDINANCE NO. 6218 An ordinance to vacate a portion of an alley in Evans Addition in the City of Grand Island, Nebraska, conditioned upon the reservation of a utility easement in the entire alley vacated; and to provide the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COU!~CIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the alley, being sixteen (16) feet, or 4.877 meters, in width, and fifty~nine and seventy~eight hundredths (59.78) feet, or 18.221 meters, more or less, being the mean length of a portion of the alley, from the center line of vacated Evans Street to the westerly right-of-way line of the Ord Branch of the Union Pacific Railroad, be, and the same is hereby vacated; provided and conditioned, that the City of Grand Island, Nebraska, hereby reserves a utility easement in the entire area of said vacated alley for sewer lines, telephone lines, electric lines, and appurtenances thereto, but not limited to the con- struction, operation, maintenance, extending, repairing, replacing, and removing public utilities and appurtenances thereto, in, upon, over, underneath, and through said utility easement, together with the right of ingress and egress through and across the utility easement for the purpose of exercising the rights herein granted. No improvements, structures, or buildings of any kind whatsoever shall be allowed in, upon, or over the easement herein retained. The foregoing portion of the vacated alley contains 956.48 square feet, or 88.857 square meters, more or less, as shown on the drawing marked Exhibit "A" dated 10/21/77 attached hereto and incorporated herein by reference. SECTION 2. That the title to the portion of the alley vacated by Section 1 of this ordinance shall revert to the o~~er or owners of lots or lands abutting the same in proportion to the respective o~~erships of such lots or grounds. SECTION 3. That this ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publicat~on within fifteen days in one issue of the Grand Island Daily Independent, without the plat, as provided by law. OCT 311977 Enacted ATTEST: /;;?~~ City Cler . APPRO~~~"FORM "I aT 2 6 ;;" LEGAL DEPARTMENT Il _" " .. . t ~@ ~, ro~ !J ~ ~ 50' 50' ~ ~, '->~~ -LEGEND PORTION OF ALLEY VACATED 8 RETAINED AS EASEMENT EXHIBIT II All . . a:: a:: a.: . ::> J: U Z <( 0:: al CITY OF GRAND ISLAND ,NEBRASKA. ENGINEERING [Ea\RThENr I PLAT . WOo ~~~MPANY<R>INANCEJ J SCAL~I"= I()()'..~D.C.. lO/Zll17 I.. o a:: o ORDINANCE NO. 6219 e An ordinance creating Street Improvement District No. 936; defining the boundaries of the district; providing for the improvement of a street within the district by paving, curbing, gutrtering, and all incidental work in connection therewith; and to provide for an effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRP~D ISI~D, NEBRASKA: SECTION 1. Street Improvement Dist~ict No. 936 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning on the south line of Faidley Avenue at a point 126 feet, or 38.405 meters, east of the east line of Ruby Avenue; thence running south on a line parallel to and 126 feet, or 38.405 meters, east of the east line of Ruby Avenue for a distance of 238 feet, or 72.542 meters, to the north line of 6th Street; thence running west on the north line of 6th Street for a distance of 6 feet, or 1.829 meters, to a point 120 feet, or 36.576 meters, east of the east line of Ruby Avenue; thence running south on a line parallel to and 120 feet, or 36.576 meters, east of the east line of Ruby Avenue for a distance of 720 feet, or 219.456 meters, to the north line of 4th Street; thence running west on the north line of 4th Street and its west prolongation for a distance of 180 feet, or 54.86!+ meters, to the west line of Ruby Avenue; thence running south on the west line of Ruby Avenue for a distance of 12 feet, Or 3.6576 meters, to the north line of 4th Street; thence running west on the north line of 4th Street for a distance of 120 feet, or 36.576 meters, to a point on the east line of the alley west of Ruby Avenue; thence running north on a line parallel to and 120 feet, or 36.576 meters, west of the west line of Ruby Avenue for a distance of 970 feet, or 295.656 meters, to the south line of Faidley Avenue; thence running cast on the south line of Faidley Avenue for a distance of 306 feet, or 93.259 meters, to the point of beginning, all as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. The following street in the district shall be improved by paving, curbing, guttering, and all incidental work in connection therewith: Ruby Avenue from the north line of Fourth Street to the south line of Faidley Avenue. Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the City, and approved by the Mayor and Council. SECTION 4. The improvements shall be made at public cost, but the cost thereof, excluding intersections, shall be assessed upon the lots and lands in the district specially benefited as provided by law. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, as provided by law. SECTION 6. This ordinilllce, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 7. After passage, approval, and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Daily Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted OCT 3 1 1977 . -----~---~~-,--~-- e ~ . - FAIDLEY AVE. PI OF BEGINNING . 306' ..... -0 ~ 120' 120 ~ 0 "0 v I .- v 5 0 cD cD "(\I 60' 6' -(\I v v . "01 d 01 It) 1101() : : C ;t If) (\I ~, ~ @ ~ - ~~ ,- : ~ 01 II) ..... ~ ~~y'-: : ~ 0 8 0 40 cD "~ 6 -(\I 120' V 120' '\.6' 6th 0 "0 STfi EET cD CIO ,120' -(\I 120 "(\I v 7 v cD cD It) 6 It) Or<> -If) V V : : : en : r~ 0:: I~ @ : : : 0:: : : : <l : m : : : co 10 co It) 13 -r<> 120' It) Or<> v 120' v 0 5th -0 "0 ST/i ~EET. co CIO 120' -(\I 120' -(\I v 14 v co CQ It) 6 10 Or<> r<> - V v W : ~3 f : : tr ).... W ~ ~. ~ -< : : ~ : ~~1Il'" , ~ , '-' : 60' :. ~ : : : co 10 cD 20 or<> It) It) r<> v 120' It v " 120' - 180' .., -- 120 ... \12' , 4 th -0 -0 Sl: co CIO CITY OF II ENGINE ALLEY VACATED BY ORD. NO. 4324. ~ EXHIBIT ,IIAII GRAND ISLAND, NEBR. ERING DEPARTMENT. I PLAT TO ACCOMPANY 'ORD. NO. 6219. I SCALE: 1"= 100' D.L.J. 10/31/77.1 STREE T IMPROVEMENT DISTRICT NO. 936. ORDINANCE NO. 6220 An ordinance to amend Chapter 31 of the Grand Island City . Code by adding thereto Section 31-6.1.1 pertaining to maintenance of public right-of-way; to repeal conflicting sections; and to provide the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Chapter 31 of the Grand Island City Code be amended by adding thereto Section 31-6.1.1 to read as follows: "Sec. 31-6.1.1 OBSTRUCTIONS- GENERALLY; DUTY TO REMOVE It shall be the duty of any property owner or any lessee or occupant of any property to remove all obstructions as defined in Section 31-6.1 and Section 31-6.2 of the Grand Island City Code originating from that part of street right- of-way lying between the curb and the adjacent property line of said property owner or lessee or occupant, or where no curb exists, that part of the street right-of-way between the lateral line of the right-of-way improved for vehicle use and the adjacent property line of said property owner or lessee or occupant." SECTION 2. 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 3. This ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted OCT 31 1977 . . the ATTEST: ~~ ~ TO FORM LEGAL OEPARTMENlj l_ __ ORDINANCE NO. 6221 An ordinance creating Water Connection District No. 336T in 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 Connection District No. 336T in the City of Grand Island, Nebraska, is hereby created for the laying of an eighteen inch water main within the boundaries of the district; SECTION 2. The boundaries of such water connection district shall be as follows: :IE n:: ~ o I- z w :E .... ~ <C o. W o -' <( <:) W ...1 Beginning at a point 33 feet, or 10.058 meters, east of the quarter section corner located in the intersection at the junction of Airport Avenue with Seventh Street and FOllrth Street; thence running west on the center line of Seventh Street for a distance of 121.46 feet, or 36.997 meters, to the south prolongation of the west line of Lot Ten (10) in Block Four (4) of East Park; thence running north on a line along the west line of Lot One (1) and Lot Ten (10) in Block Four (4) and Block One (1) in East Park for a distance of 660 feet, or 201.168 meters, to the south line of Raborn Street; thence running west on the south line of Raborn Street for a distance of 69.53 feet, or 21.193 meters; thence running north on a line along the west line of Lot One (1) in FrankP. Barks' Subdivision ror a distance of 363 feet, or 111.223 meters, to the center- line of vacated Glendale Street; thence continuing north on a line along the west line of Lot 23 in Frank P. Barks' Sub<;livision No.2. having been subsequently platted as Marshall's Subdivision, then vacated in June 1971, and continuing north on a line along the "est line of Lot 24 in Frank P. Barks' Subdivision No.2, and continuing north on a line along the west line of Lot 39, Lot 40, and Lot 55 in Frank P. Barks' Subdivision No.3, for a distance of 1.372 feet, or 418.186 meters, frow the centerline or vacated Glendale Street to a point on the west line 219.66 feet, or 66.952 meters, south of the northwest corner of Lot 55 in Frank P. Barks' Subdivision No.3; tlicnce running west on a line parallel to and 219.66 feet, or f,6.952 meters, south of the north line of Sunny Side Subdivision for a distance of 452.2 feet, or 137.831 meters, to the west line of Lot 45 in Sunny Side Subdivision; ther,ce running north on the west line of Lot 45 in Sunny Side Subdivision and its north prolongation for a distance of 101.6 feet, or 30.968 meters, to the center- :ine of the vacated alley running east and west; thence running west on a line ~eing the centerline of the vacated alley running east and west in Sunny Siue Subdivision, and :.he "est prolongation of the centerline of said vacated alley ror a distance of 439.4 feet, or 133.929 meters, to the west line of Geddes Street; thence running s0urh 0" Ule ,.,rest line of Geddes Street for a distance of 14.3 feet, or 4.359 meters, to ::h"~ southeast corner of Lot One (1) in Block One (1) in Goodrich Subdivision; thence r'mning west on the south line of Lots One (1) through Six (6) inclusive in Elock GEe (1) of Goodrich Subdivision for a distance of 264 feet, or 80.467 meters, to the west line of Goodrich Subdivision; thence running north on the west line of Goodrich Subdivision and its north prolongation for a distance of 202 feet, or 61.57 meters, to the north line of Capital Avenue; thence running east on the north line of Capital Avenue for a distance of 1,344.76 feet, or 409.833 7leters, ~:c~e or less, to a point on the east line of Airport Avenue, being 33 feet, or 10.058 meters, east of the section line running n.orth and south located in Airport Avenue; thence running south on the east line of Airport Avenue for a distance of 2,680.2 feet, or 816.925 meters, more or less, to the point of beginning, all as shown on the plats dated 9/19/77 l'1arked 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. . .'. - 1 - . . ORDINANCE NO. 6221 (Cont'd) SECTION 4. The cost of construction of such water connection district shall be reported to the City Council, and the Council, sitting as a board of equalization, shall determine benefits to abutting property by reason of such improvement, pursuant to Section 16-6,103, R.R.S. 1943. The special benefits shall not be levied as special assessments but shall be certified by resolution of the city council to the 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 benefited 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 Connection District No. 336T for the purpose of creating a sinking fund for the payment of bonds. Payment of the cost of construction of Water Connection District No. 336T may be made by warrants drawn upon the Water Surplus Fund. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, and publication within fifteen days in one issue of the Grand Island Daily Independent. Enacted ~. A4?u~ l.ty e~.-e-.c:....... - 2 - -~ ---., I I ~ 33' 33' I . ~~~ 2 v <:,UJo. I ^,-. <0 I N -v Q. ~~ <0 N I \ I ~~<:, I ~~- I MATCH 124.94' .1- MATCH ---- - - LINE I LINE RABORN S7: -<0 I & <0 ~ ~ 69.53' .,. I 55.41 II f 55.41 I IC) IC) I ,tl- N N ci 0 I ....... 4 v v ~. - I I ~. I tI-' .. ~ I ~. IC) I/') z I 0. N N 0 7 ci d ~IJ.I I v 10 ~ uZ - ILI- I en...J I 55.47' II 55:47' I I CHICAGO -0 <0 ~I 0)" ST~ <0 z ~ ILl h.. :::i: ....... 55.48 II 55.48 ~ ILl I en ~ <C -I/') ~ ILl N -IC) ct. s u (r ci N ~ ~ ILl Ii 4 ~ ci ...J V ILl ~ - l"- N ~ 7 -I/') N ci V -IC) N 10 ci v 33' 33 L_ .' - ~PT. OF BEGINNING ....33~ V ~ 1/4 SECTION CORNER SHEET I OF 4 D1ST. NO. 336.T. WATER MAIN IN AIRPORT AVE. a CAPITAL AVE. EXHIBIT "A" CITY OF GRAND ISLAND, NEBR. ENGINEERING DEPARTMENT. I PLAT )TO ACCOMPANY ORO. NO.1 , 6 221. . , I SCALE: 1"= 100' D.L.J. 9/19/77.1 " MATCH TRUMAN .INE- - - - - ~ ~ -~ ~~~~ 25 N 24,58' ST: 124.7t;) ~~'f CO. 24 -C\I ~ ", 124.81' ELDORAD0 sr 124.83' ~ .~ c.,OV<O;2 ~ 23 124.9' . VAC TED BY GLENDALE, sr ORD. N 5013 124.94 ~ ~~~ 2 ~~r . ~ \ ~~c., et.1AT.fH_ _ _~~_ LINE ' RABORN -", :g re c.,OV~ 124.94 -co co I I I 1--- I I & I )...., I~ I 'I I I I I I (..,. ~ MATCH - LINE 33' 33' ~. ....... ~' ~. " ~. . ~ ~. ~. .v co C\I 0)' , ~ , ~ CO. <0 I- ~j1 . ~I ~I J...... d -~ ~ ~I C:) ~ ~I ~ ~ ~ & J..... ' ~. ,t1- ....... ~. ~. "" ,t1- ....... ~. 0. ~ +1 cil IX) ~I .co co I I I I 1 I I I ~. 10 I I I - I I . I EXHfBIT II All 0). , "" , ~ .v co C\I 33' 33' MATCH -- LINE "co co \ CITY OF GRAND ISLAND, NEBR. ENGI'NEE'RING DEPARTMENT. . I ~;~LTO ACCOI.tPANYO.O, NO'1 I SCALE:' 11:.1001 . D.L.J. 9IH~/!"t'!Jr SHEET 2 OF 4 DIS1: NO. ,a6 T. WATER MAIN IN AIRPORT' AVE, a CAPITALAV~. 4'" ...... ..67 CAPITAL AVE. II It .t " " " " "2 .6 25 ~ -q- 1= - CD ~ ~ .m o - (\I q- "0 Q) - c o o > 52 2 . " " 26.6 VACATED BY ORD. NO.46 4 olw '-z <(- :E-I ~ ~~~ ~~ , '?J'U~. \ ~~ .~~~ JERRY ~ ~O. . TRUMAN MATCH_ _ _ LINE 122.76' 55 "123:0 8' S7: 123.21 40 123.75 sr: 124.04 q- CD C\l 39 Ii) Ii) 124.58' sr: 124.74 24 -Ii) Ii) 33' 33' -' Ii) C\l - CD CD -q- CD C\l -CD CD ...... -q- Q:: re ~ Q.. ~ ~ ~ ~ ~ CD CD PAGE 3 OF 4 DIST. NO. 336 T. WATER MAIN IN AIRPORT AVE. a CAPITAL AVE. ..... ~ J....... Q. ,) ,>, I I I I I I I I I EI ~I <C ~I (,) ~I -: I C\l I I I I I I I I I ..L_ @ 4. .. f' , ~. ~. ~O\ ~ ~. ~. 0)' I ~ / ,. , c.,. ~ _ ~A T CH LINE EX H I BIT nAn CITY OF GRAND ISLAND, NEBR. ENGINEERING DEPARTMENt I PLAT TO ACCOt.!PANY' ORD. , NO.6221. J SCALE: 1"= 100' D.l.J. 9/19/17.1 ,', " .. . MAT LIN 33' 33' .... 202' ~ I I f 136 " oj:> 7;),.. oj:> I oj:>. I en ~ I I ' Vc ~ ~^ = = I I "TI-. I I ~ ) " Iv~ = = I 1 , N I .~. en = oj:> = I h. 'jVe I = =~ ~ I I · r1i I oj:> Ii\) - oj:> ~ I oj:> '. 136' oj:>. I I .Ie h! ~- f en GEODES 01_ 57: en ("- en. en. 13.75' 66' ~ I~ 114 .1'\ 114 <lJ ~ 1;....1- ' 0 en ...,s .~~ =-, = = I -, = .~ . T oj:> ~J = 1 01 = ~ $D " = I ~ = ~ = I = - = I = = I < = I )> ~ = I ~ = 0 c tn, )> = I = -I 111 -< ~ c = I = .... \XI 1 ~ ~ -< = C = I~ - = - ~ = .()J" ~ U) C = I 101.6' t ~ = , z = fl ~ N 9 ~ = 01 oj:> oj:> (Xl lsi' = ~ 0 :...a of> I = en_ = 1+ V) (0. ~ i: = = ="i (X) = -1'\ = - U~_ = = = 0> = CH . . - - - - U) ~ - - l- E N ~ 114' f 114' 33' 33' -..I. ~ 66' 10.75' CITY OF \ I======-@ 1 ~ - EXHIBIT "A" GRAND ISLAND, NEBR. ENGINEERING DEPARTMENT. -- - I PLAT TO ACCOMPANY ORD. NO. 6~2J. _ _ _ I SeAL-E: 111= I~O' D.L.J. 9/19/77. SHEET 4 OF 4. OIS1. NO. 336T WATER MAIN IN AIRPORT AVE. a bAPITAL AVE. ORDINANCE NO. 6222 . An ordinance pertaining to zoning in the City of Grand Island, Nebraska; changing the classif~cation from RZ - Low Density Residential Zone, to R3 - Medium Density Residential Zone, of a tract of land in the Southwest Quarter (SW~) of Section Seventeen (17), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Grand Island, Hall County, Nebraska; directing that such change and reclassif~cation be shown on the official zoning map of the City of Grand Island, Nebraska; and amending the provisions of Section 36-7 to conform to such reclassification. YnIEREAS, the Regional Planning Commission on October 11, 1977, recommended approval of the proposed zoning of such area; and WHEREAS, notice as required by Section 79-4,151, R.R.S. 1943, has been given to the Board of Education of School District No. 2 in Hall County, Nebraska; and WHEREAS, after public hearing on October 7, 1977, 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: [.I I- Z LIJ :E I- 0:: <( a.. LIJ o ....J <( " LIJ ....J SECTION 1. That the following described real property, to wit: Part of the Southwest Quarter (SW\) of Section Seventeen (17), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska, more particularly described as follows: Commencing at a point on the north line of said Southwest Quarter (SW~)967.5 feet west of the northeast corner thereof; thence running west on said north line 352.5 feet; thence south parallel with the east line of said Southwest Quarter (SW\) 6L~0 feet; thence east parallel with the north line of said Southwest Quarter (SW\) 352.5 feet; thence north parallel with the east line of said Southwest Quarter (SW\) 640 feet to the place of beginning, reserving however, a strip of ground 30 feet in width off the west and south ends of said tract for a right- of-way for a public road, said tract containing 5.18 acres, more or less; and Commencing at the northeast corner of the Northwest Quarter of the Southwest Quarter (~~~SWt); thence running west along the north line of said Southwest Quarter (SWt) 352.5 feet; thence south parallel with the east line of said Southwest Quarter (SW\) 640 feet; thence east parallel with the north line of said Southwest Quarter (SW\) 352.5 feet; thence north parallel with the east line of said Southwest Quarter (SW\) 640 feet to the place of beginning, reserving, however, a strip of ground 30 feet in width off the ease and south ends of said tract for a right-of-way for a public road, said tract containing 5.18 acres, more or less, be, and the same is, hereby rezoned and reclassified and changed to R3 - Medium Density Residential Zone classification. SECTION 2. That the official zoning map of the City of Grand Island be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That the finding and recommendation of the Regional Planning Commission and of the City Council of the City of Grand Island is hereby accepted, adopted, and made a part of this ordinance. . SECTION 4. That Section 36-7 of the Grand Island City Code, and all ordinances and parts of ordinances in conflict herewith, are hereby amended to reclassify such above described area as herein ordered and determined. - 1 - . . ORDINANCE NO. 6222 (Cont'd) SECTION 5. That this ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independen t . Enacted OCT 311977 /fJ ?!t-:~th IC' .1 ~~~~" { . .// es~ en 0 e ounc~ / ,/ -- .. ."'.~~~-......,,-- ;p;&-~~ ~. - 2 - ",_...-.".,;,-,..{';y-.,~ \" 4J~~,~*^) ORDINANCE NO. 6223 An ordinance to amend Section 15-17 of the Grand Island City Code pertaining to vehicle specifications for refuse and garbage haulers; to provide a penalty; to repeal the original section; and . to provide the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Section 15-17 of Chapter 15 of the Grand Island City Code be amended to read as follows: "Sec. 15-17. SAME - VEHICLE SPECIFICATIONS Any vehicle used by a refuse licensee under this Article shall be equipped with a cover with the material hauled thereon securely fastened so as to prevent refuse :E J- a::: Z f? LLl :E - ) J- ,- 0:::: ...Q <( C.J 0.. LLl ..- a c..:> ..J 0 <( (.!) lLJ ..J and waste materials from being blown away or jarred off such vehicle. Any vehicle used by a garbage licensee under this article shall have a packer type body designed especially for the transportation of garbage. Licensed refuse vehicles shall be permitted to haul only refuse and waste materials. All garbage and refuse vehicles licensed under this Article shall display a commercially prepared sign showing the name of the licensee in letters not smaller than four inches high." SECTION 2. Any person violating any provisions of this ordinance shall, upon conviction, be punished as provided in Section 1-7 of the Grand Island City Code. SECTION 3. That Section 15-17 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, approval, and publication within fifteen . days in one issue of the Grand Island Daily Independent as provided by law. Enacted OCT 311977 ATTEST: tf&?~ . ~ty C erk- -? the Counci -" . . ORDINANCE NO. 6224 An ordinance to vacate a part of West View Addition in the City of Grand Island, Nebraska; and to provide the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Lots One (1) to Ten (10) inclusive in Blocks Two (2), Three (3), and Four (4) of West View Addition in the City of Grand Island, Nebraska, be, and the same is hereby vacated. SECTION 2. The foregoing vacated lots in said blocks contain a total of 3.24 acres, or 1.31 hectares, more or less, all as shown on the plat dated 11/3/77, marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. The title to the property vacated by Section 1 of this ordinance shall remain in the name of the present owner or owners. SECTION 4. That this ordinance, with the attached plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 5. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted NOV 14 1977 ATTEST: /~jX;8.~ j>.f( C'lty~ ----- 1977 LEGAL DEPARTMENT 1 ~ - , ---- ------ ------- - - -=----,-- - _n___' '--:T"-""~~-"-<,~- '" 1li-' . ."t 'it... .3 " ~ I I I Q) I I Wt-= o II) ~. :r: U -iJ I- ~ <It C1l 25' I 25 I I I II ~l8 HOWARD AVE -CD CD 33' 33~ ~~~~~L_::".:;:~ ~~~~~~f::~~ ~ ~W~~;</::~?::;} ~ " "." " " \. 1"/ l'\ " "" '\ " " '\:~, '\ :; : .:.;::; k ~{% ~%f?!a~ ~~ ~:>:.".:;.;:.?~ ~ /' /-1 .. / /:~ . '. I- ,. , I;,~_;; t' .. ':' ".. t~ . ; ~ ..~ r '. .I.'!., .. ~~~I'i'~ ~~., 11)' . ~. ~~~~~W~~ ~ %.~~.., .~:.r ::,: ....' '~"\~:0 .. ~. .< . '........ :, ~$ '''Ah, ~ ,~" -. ......... H:',.. .:......~~ '" ~~~ ",' ~" .. ' :.. 7!~V//%~~/~, t.~ '~ "t".'. ": ... / II ~~/ /V#/~~/ . .... 100.:';'..' ~\ I E' \',~/ //.11'/ ,..... " !2 5.;- / (Vyy / //~ '. , ,.:'/ ~~0':>~//~I'//i : ~ ,.. I 0 ~ 'co, ~;. '/'l'//V-l~ :; I..... //~/ 0~~'-I '/' " '// ~m)l'h.(// ':. ~?7<'~W~;~, ".,. !~, · m~V / / ' ~.I;/ /. , .. 5 / ~/~ "/ I '.',. 'I .' '.' '.':;. .:', . .. ...,.,", .. .... ., .... . ......' "'~ , ,'. ", I' .', ." I" '.I/ ... . / /./:1' / 1/ ///,U1 :. "... . <..~~~i~::~"", ~~i5.r~ ( :. ~- ////J/~ .."" ',.' // //./ . .,':'. ',-, ".': ' .' '..'... . :. .... " .I.1 -1// ..' . / -I ./ /.V .' ...' ~'6" !/ / /. 0: .., 'f' . , _~~;$r'" . /~;-':" -~ - , '.' '. .' . .... '.' .'.. '.':' ... '. ".<..:' . '. ~~ ':'. ....... ..... ~ .:.~ ' .'. .', . . .... . .' ". .' , .' ,.' c:,.: . ,': ' ,. ....::3., . 'C' " ,,": '" '." '" ." '.':" ......,:.. .',: l;.;' ~." l-_- t.':; ~: t;. ~;,.' . . .., ~ - '1:;":-. 'j;-;7~ "-~:, i""" :itt. ~ -~~- ! ~, '" ~t !if: ~~ . . ORDINANCE NO. 6225 An ordinance to vacate a portion of Hancock Avenue in the City of Grand Island, Nebraska, conditioned on the reservation of a public utilities easement; and to provide the effective date of this ordinance. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That that portion of Hancock Avenue being the east thirty (30) feet of the West Half of the Northwest Quarter (W~NW~) of Section Seventeen (17), Township Eleven (11) North, Range Nine (9) T,.]est of the 6th P.M., in the City of Grand Island, Nebraska, from the north line of Faidley Avenue, being seventy (70) feet, or 21.336 meters, north of the south line of said Northwest Quarter (NW~); thence north for a distance of one thousand two hundred twenty-three (1,223) feet, or 372.77 meters, more or less, to the south line of 10th Street, be, and the same is, hereby vacated, provided and conditioned, that the City of Grand Island reserves for the public the following area for a general public utilities easement: Area retained for general public utilities easement The entire vacated portion of said Hancock Avenue as stated in this ordinance to be used to construct, operate, maintain. extend, repair, replace, and remove overhead and underground utilities, including telephone lines, gas mains, pad mounted transformers, and appurtenances to any of the public utilities. together with the right of ingress and egress through and across the easement area for exercising the rights herein granted. No improvements, structures, or buildings of any kind whatsoever, the planting of trees, or the installation of fences shall be allowed in, upon, or over the easement herein retained, except the utilities as stated heretofore. SECTION 2. The foregoing vacated portion of Hancock Avenue contains 1.68 acres, or 0.68 hectares, more or less, as shown on the attached plat dated 11/9/77, marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. The title to the portion of Hancock Avenue vacated shall remain in the name of the City of Grand Island, Nebraska. SECTION 4. That this ordinance, with the attached plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTI0~ 5. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, within fifteen days in one issue ,of the Grand Island Daily Independent, as provided by law. Enacted NOV 1,11977 ATTES1:" //' 'J#/~" b ~ / . "V~,(;f;;'c:ji_~ . --__ ;.. City C er aRM LEGAL DEPARTMENT '\.,.. . ~ \j; ~).I ~I "1"" ~ ""~ "" . -'<1" rt'> ,Q~, ~ i ,~-\. t~l I J~SEMENT :{\ 'b ~v A1IY, \'s\C~ (\~'. V/I ~,\l~ (2)JV V/il ~e~~ 2 ., ~ I 'f \1,' t~~l : /~,. ~~ t01 I (0\'v t~1 I f).~'V ~J~. ~I [~l b.::: ~~' U~~TY _EA~EMENT ~ _ _'L E.!\.sEM~T_ ~ ~I~ ~~l i~ ~r~~ ~! ~~l ~ ~ W ~ rl '" 0' ~Ic!l, r ~ .' p""g-:;.:e it'" ~. o....('.'''~ .. .l-,'alt 'Ii \;"J. ~/2~ ~~JfJ. ~ /4 ,..,.,.. r""}'" () "'rJ ffi f'I ~ ~~(;. u Ii - u U - :J. I . I' , I I' h FAIDLEY, 0 l"- . S, ~ J ~ w z . ...J (.0 " - -",-,-----<>"-"'''''''''''<',,,,,..-' lL ''''''' ,.' 1[/ I'll KillS LINE ST ....S. LiNE 10th ST. LEGEND - '--~ , ~M l~jj ~ STREET VAC:;ITED RETAINED Fmi EASEMENT. {~ r<, ~ !\~ ~"''i ~\i 6.J CONVEF\SiON I ft. = 0.304. 8, m(r~ ;rN:L1NE FAIDL.EY AVE. Al/r- .. . vi.:. ' I 4 SEC. L.INE '. EX H I BIT nAil 1"" , ~ r-:~,-~-, "')I, io,~f''" !\ ,~:__"C"U'--'::'-'~'_'."~'-~:;~,'_:~~___" I i' Cl I ( 01" G.\.~i,.D I;;;' ",I" ".''', I ~'-"'?"'" J ~l!;'l""" ~...-~ "'?) " r-~ ,,,,",,, ,..'" ,...-. '~'" I ; "',,' ", "<:. ,. ", (, 1~:...........:::."=:..:....,. '. .' ". :::.=,.... ! I PLAT TO ACCOI\'jPANY OF\J. II 6225. ! , SC/H..E: ;11::: 100' '>....... ?,.f. I V 10/'(":, . r- r-- en . ORDINANCE NO. 6226 An ordinance directing and authorizing the conveyance of that part of Hancock Avenue vacated by Ordinance No. 6225; 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 dace hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The conveyance to Johnson Land Company of the following described property, vacated by Ordinance No. 6225: The east thirty (30) feet of the West Half of the Northwest Quarter (W~NW~) of Section Seventeen (17), TOWTlship Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Nebraska, from the north line of Faidley Avenue, being seventy (70) feet, or 21.336 meters, north of the south line of said Northwest Quarter (NYJ~); thence north for a distance of one thousand two hundred twenty-three (1,223) feet, or 372.77 meters, more or less, to the south line of 10th Street; is hereby authorized and directed. SECTION 2. The consideration for such conveyance shall be $1.00 Conveyance I- z IJJ :2: l- n:: <( 0.. W o ..J <C " IJJ ..J of the real estate above described shall be by warranty deed, upon delivery of the consid- eration, and the City of Grand Island will not furnish an abstract of title. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Daily Independent, a newspaper published for general circulation in the City of Grand Island. I~nediately 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 .ast regular municipal election held in such City be filed with the city council within thirty days of passage and publication of SUL _ ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The con~eyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to the said Johnson Land Company a warranty deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. NOV 141977 the Council Enacted ATTEST1 ) .) J.? .,-:>' /" _ ~ 4/.f' ~/,7 /?;:2/;:~~Y ~ / ~ C1~y ~ c \ ->i, ORDINANCE NO. 6227 An ordinance to vacate a portion of an easement in Saint . Francis Medical Subdivision, and in the Southeast Quarter of the Northwest Quarter (SE%.NW%.) of Section Seventeen (17), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., all in the City of Grand Island, Hall County, Nebraska; and to provide the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the easement, being sixteen (16) feet, or 4.877 meters, in width, the center line of said easement being from a point on the west line of Howard Avenue two hundred ninety-eight (298) feet, or 90.830 meters, south of the southwest corner of Tenth Street and Howard Avenue; thence westerly to the northwesterly pro- longation of the northeasterly line of the easement recorded as Document No. 77-005178, be, and the same is hereby vacated, all as shown on the drawing marked Exhibit "A" dated 11/23/77 attached hereto and incorporated herein by reference. SECTION 2. That the title to the portion of the easement vacated by Section 1 of this ordinance shall revert to the owner or owners of lots or lands abutting the same in proportion to the respective ownerships of such lots or grounds. SECTION 3. That this ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independent, without the plat, as provided by law. . EnactedDEC 1;~ 1977 AT~~ nltt.". ~ v ~ty erk c%~~~ . - --esi ent ;f tEe Council --....... LEGAL DEPARTMENT ..'.' / ' 10th STREET - 454.48' .". ,'" t I I I I Mt~ICAL SUB. I I I I I , : \..'6' EASEMENT FOR I I WATER LINE I I I IX) Ol C\I T. 2 . ~~ g~ PT. OF ~ Q:: ~ ~ S.E. 1/4, N.W.I/4 SECTION 17 - 11-9. ~ e LEGEND .c.r-rTrTT-; EASEMENT VACATED BY ORD. NO.6 227. E X H I BIT "A" CONVERSION I ft.:: 0.3048 meters CITY OF GRAND ISLAND, NEBR. ENGINEERING DEPARTMENT. I PLAT TO A-CCOMPANY ORD. No.1 6227. I S.c:ALE:,t1=JOO' D.L.J. Ifl2~l17-1 . OPcDEAXCE ::0. ;;., "'; 'J.Q ..l-.......J An ordinance assessing and levying a special tax to pay the cost of construction of Street Improvement District No. 902 of the City of Grand Island, Nebraska; providing for the collection of such special tax; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 902 as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: descriptions as follows: NAME LOT ADDITION AMOUNT Josephine Lopez Chavez 40 Hawthorne Place $796.52 41 " 796.52 Josephine Lopez Chavez 42 " 796.52 Josephine Lopez Chavez 43 " 796.52 Josephine Lopez Chavez 44 " 796.52 William A. and Sharon G. Horst 45 " 721. 99 William A. and Sharon G. Horst 46 " 721.99 Michael H. and Sharon K. Tipton 47 " 721. 99 Michael H. and Sharon K. Tipton 48 " 796.52 Raymond E. and Shirley A. Miller I- 49 " 796.52 Raymond E. and Shirley A. Miller Z 76 " 796.52 WJ Richard L. and Patricia A. Hartman " 796.52 r- ::iE Richard L. and Patricia A. Hartman 77 r- 78 " 796.52 en l- Richard L. and Patricia A. Hartman " 59.75 ...- 0::: Richard L. and Patricia A. Hartman N3' 79 " 736.78 C'? <( Arthur F. and Voncel1e E. Osterman 537' 79 a.. N18.4' 80 " 366.40 C..:l W Arthur F. and Vonce1le E. Osterman 430.13 521. 6' 80 " 0 LaVern D. and Margaret A. Peters N33.8' 81 " 673.06 LaVern D. and Margaret A. Peters ..J Koch S6.2' 81 " 123.46 <( Everett E. and Connie Luanne 82 " 796.52 ~ Everett E. and Connie Luanne Koch " 183.20 W Everett E. and Connie Luanne Koch N9.2' 83 ..J S30.8' 83 If 613.32 Donna L. Sparks N24.6' 84 If 489.86 Donna L. Sparks S15.4' 84 If 306.66 -.-.~---_. -~-,_._..._~...,~-,-.,.., Kelly and Alice E. Stevens 85 If 796.52 Kelly and Alice E. Stevens . SECTION 2. The special tax shall become delinquent as follows: One-tenth shall become delinquent in fifty days from the date of this levy; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one- tenth in six years; one-tenth in seven years; one-tenth in eight years; one-tenth in nine years; provided, however, the entire amount so assessed and levied against each lot or tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each such installment, except the first, shall draw interest at the rate of seven per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving Fund" fer Street Improvement District No. 902. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. Enacted llFC 12J91I. ATT~~~a-r. ...... q.. ~ty C er ORDINANCE NO. 6229 ';';;'L An ordinance assessing and levying a special tax to pay the cost of construction of Street Improvement District No. 908 of the City of Grand Island, Nebraska; providing for the collection of such special tax; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith. . BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 908 as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: the several descriptions as to. ~ows: NAME Lealand C. & Ethel M. Robinson E26.4' Gerald A. and Margaret E. Killion Kenneth H. and Phyllis C. Schmidt Darlene A. Luth Lino H. and Barbara J. Peace Robert D. and Joan C. Robertson W26.4' Charlotte L. Rowe . Dale R. and T~ila J. Spiehs Pearl L. Robinson E26.4: Lucile Klinginsmith W26.4 Kenneth O. and Lula V. Elrod Gene R. and Carmclla C. Scarborough , Ray H. and Kathryn Fellwock W26.4 Nancy Hahn Margaret E. Murphy Arthur E. and Sharon A. Moeller Wayne E. and Judy L. Foster Charles J. and Lavaughn Svaboda EdwardC. and Margie A. Allen Donald W. and Romona K.,J<elly Donald W. arid"Romona K. Kelly Darr A. and Arlene E. Dockhorn Darr A. and Arlene E. Dockhorn Jack L. and Shirley A. Jensen Fritz Boersen T. J. and Cecelia Marsolek Danny L. and Deborah E. ~pwrence Michael G. and Ann M. Gr1mes Glen D. and Nadyne K. NelsOn Wayne Stolt~nberg Willard E.and LeinaJ. McCarthy Carl A. Winkler Robert D. and Joan C. Robertson Lloyd and Mollie Koch Walter E. and Mabel M. Strohbehn Maxine L. Dreisen Milo L. and Jeannette E. Stites Laverne B. and Paulette Nietfeldt W26.4' James H. and Carolyn J. Fiacco W26.4' Richard S. and Delores A. Johnson Lou J. Petska 2 3 3 4 5 3 4 5 5 6 7 8 1 Ell ..2' 2 W35.6' 2 E26.4' of E35.4' 3 E26.4 8 9 10 1 2 3 8 9 10 3 4 5 6 7 8 3 4 5 N78' S54' W26;4' E26.4' E26.4' W26.4' LOT 8 9 10 6 7 8 1 i^W BLK 64 64 64 65 65 65 64 64 64 65 65 65 36 36 36 36 36 36 36 37 37 37 37 37 37 37 31 31 31 31 31 31 32 32 32 32 32 32 10 10 10 ADDITION Wheeler & Bennetts " " " " " Wheeler & Bennetts Second .. " " .. " Russel Wheeler's " " " " " " " " .. .. " " .. .. " " " " .. " " " " " it " " " .... TO FORM LEGAL DEPARTMENT AMOUNT $243.79 767.47 1,174.56 1,420.58 767.47 243.79 1,174.56 767.47 243.79 243.79 767.47 1,420.58 243.79 767.47 839.43 581.15 1,420.58 767.47 243.79 1,420.58 303.98 463.49 243.79 243.79 767.47 1,174.56 1,420.58 767.47 243.79 243.79 767.47 1,420.58 243.79 767.47 1,420.58 1,174.56 767.47 243.79 243.79 767.47 1,420.58 I , , ! I 1 I ! . . ORDINANCE NO. 6229 (Cont'd) Roy O. and Sarah E. Davis Melvin W. Henderson Leonard R. McCarty, Jr., and June M. McCarty W26.4' Harold W. and Vivian B. Korgel Harold W. and Vivian B. Korgel Clara M. Novakowski E26.4' Benjamin A. Taylor, Robert L. Taylor, and Donald D. Taylor Fractional Lot and its complement Fractional Lot Roy O. Davis, Jr., and Mary Davis Fractional Lot and its complement Fractional Lot - .>~..-;. ,.,' -~"....._.--<." ~<- 6 10 ,,- 1,420.58 7 10 " 767.47 8 10 .. 243.79 1 11 " 1,420.58 2 11 " 767.47 3 11 " 243.79 7 143 Union Pacific RR 2nd 8 11 Russel Wheeler's 776.51 8 143 Union Pacific RR 2nd 9 11 Russel Wheeler's 1,655.35 ___J.J "!- SECTION 2. The special tax shall become delinquent as follows: One-tenth shall become delinquent in fifty days from the date of this levy; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five yearsj one- tenth in six years; one-tenth in seven years; one-tenth in eight years; one-tenth in nine years; provided, however, the entire amount so assessed and levied against each lot or tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each such installment, except the first, shall draw interest at the rate of seven per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving Fund" for Street Improvement District No. 908. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. Enacted nEe 1 2 1977. ATTEST: ~/ , l.ty C er "1 ! ':i .:! ::: ..~- . . < .. ORDINANCE NO. 6230 -...--... An ordinance assessing and levying a special tax to pay the cost of construction of Street Improvement District No. 914 of the City of Grand Island, Nebraska; providing for the collection of such special tax; and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith. BE IT ORDAINED BY THE MAYOR, AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 914 as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: Saint Francis Hospital Johnson Land Company N300' of 5370' of W480' of SE~NW~ Sec 17-11-9 N300' of S370' of SW~NWt.. of Sec 17-11-9, except E30' N300' of Lot 2, Wolfe's Subdivision $10,492.07 28,182.01 4,366.95 E. Dean and Judith A. Wolfe Blanch I. Dau Part of NE\SWt. of Sec 17-11-9, described as the northerly 300' of a tract described as beginning at a point on the north line of said SWt. and 967.5' west of the NE~ of said SW~' thence west 352.5'; thence south 640'; thence east 352.5'; thence north 640' to the point of beginning Blanch 1. Dau Part of NW~SW\ of Sec 17-11-9, described as the northerly 300' of a tract of land described as commencing at the northeast corner of the NW\ of SWt. Sec 17-11-9; thence west 352.5'; thence south 640'; thence east 352.5'; thence north 640' to the point of beginning 7,705.08 Glenn R. and Delor.es A. Steuben Lot 34, West Heights 2nd Glenn R. and Delores A. Steuben N\ Lot 35, West Heights 2nd Lonnie G. and LaVonne G. Cords S\ Lot 35, West Heights 2nd Lonnie G. and LaVonne G. Cords Lot 36, West Heights 2nd Ivan F. and Winona M. King Lot 37, West Heights 2nd Ivan F. and Winona M. King NID' Lot 38, West Heights 2nd Donald D. and Francis J. Daniel 545' Lot 38, West Heights 2nd Donald D. and Francis J. Daniel N19' Lot 39, West Heights 2nd Marilyn J. Proctor N2.65' of S36' Lot 39, West Heights 2nd E. Dean and Judith A. Wolfe Part of Lot I, Wolfe's Subdivision, described as beginning at the northeast corner of Lot 1; thence south 214.02'; thence southwesterly to a point on the west line of Lot I, said point being 300' south of the northwest corner of Lot 1; thence north on the west line of Lot 1 a distance of 300'; thence east on the north line of Lot 1 a distance of 425.6' to the point of beginning .... LEGAL DEPARTMENT ~~I.h.I..fI _.J,. n.l 7,705.03 1,410.47 399.37 289.84 365.93 193. 14 23.41 79.70 22.30 2".79 9,162.14 '1 'J i ! i i i , i iJ I ., . . ORDINANCE NO. 6230 SECTION 2. The special tax shall become delinquent as follows: One-tenth shall become delinquent in fifty days from the date of this levy; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one- tenth in six years; one-tenth in seven years; one-tenth in eight years; one-tenth in nine years; provided, however, the entire amount so assessed and levied against each lot or tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each such installment, except the first, shall draw interest at the rate of seven per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving Fund" for Street Improvement District No. 914. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. Enacted nr: r. 1 I:) 1q77 . ~~'I~ esident of the ounc~l A~(t-f~L' c- :Lty er I "1 1 i ., Ji I, il , H ~ '" \ ;:, .., 1 I 1 ~ ~ .! of, ORDINANCE NO. 6231 -- An ordinance assessing and levying a special tax to pay the cost of construction of Street Inlprovement District No. 915 of the City of Grand Island, Nebraska: providing for the collection of such special tax: and repealing any provision of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 915 as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after due notice having been given thereof as provided by law: and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: tne severa~ aescr~pc~ons as tollows: NAME LOT ADDITION AMOUNT Essink Brothers Construction Company, Inc. 1 Valley View Third $1,522.92 Essink Brothers Construction Company, Inc. 2 II 1,348.45 Essink Brothers Conscruction Company, Inc. 3 n 1,305.20 Arnold Placke 4 n 1,321.36 Essink Brothers Construction Company, Inc. 5 II 1,415.74 Essink Brothers Construction Company, Inc. 6 n 1,415.74 Essink Brothers Construction Company, Inc. 7 " 1,415.74 Essink Brothers Construction Company, Inc. 8 n, 1,611.31 SECTION 2. The special tax shall become delinquent as follows: One-tenth shall become delinquent in fifty days from the date of this levy: one-tenth in one year: one-tenth in two years: one-tenth in three years: one-tenth in four years: one-tenth in five years; one- tenth in six years: one-tenth in seven years: one-tenth in eight years: one-tenth in nine years: provided, however, the entire amount so assessed and levied against each lot or tract may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released.' Each such installment, except the first, shall draw interest at the rate of seven per cent per annum from the time of levy until the same shall become delinquent. After the same shall become del~nquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Paving Fund" for Street Improvement District No. 915. SECTION 5. Any provision of the Grand I~land City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, Is hereby repealed. - Enacted n r: r; 1 ? 1977 . #~t of the Council A~&::~ y ~ty erk LEGAL DEPARTMENT l-_~.. '1 ; ~ CITY OF GRAND ISLAND, NEBRA.SKA ORDmANCE NO. 6232 AUTHORIZING WATER REVENUE BONDS, 1978 - $1,200,000 \,~. - '"" .'. ORDINANCE NO. _QgJ~_ AN ORDINANCE AUTHORIZING AND DIRECTING THE ISSt'ANCE OF \'lATER REVENUE BONDS OF THE CITY OF GRAND ISLAND, NEBRASK2\, OF TIIE PRINCIPAL AMOUNT OF ONE HILLION '1'\'170 HUNDRED THOUSAND DOLLARS ($1,200,000) FOR THE PURPOSE OF 11AKING EXTENSIONS AND ENLl\RGEHENTS OF THE hTATERI'lORKS SYSTEl1 mJNED BY THE CITY BY THE CONSTRUCTION OF A RESERVOIR, PUNPING STATION, Hl\TER l"TAINS AND NECESSARY APPURTENANCES; PRESCRIBING THE FORM AND DETAILS OF S.i\ID REVENUE BONDS, PROVIDING FOR THE COLLECTION, SEGREGATION AND APPLICATION OF THE REVENUES OF SAID WATERYJORKS SYSTEI-1, PAYING THE INTEREST ON AND PRINCIPAL OF THE WATER REVENUE BONDS OF SAID CITY AND OTHER PURPOSES AUTHORIZED BY LAv], CREATING CERTAIN RESERVE FUNDS, AND 11AlaNG CER'rAIN COVENANTS AND AGREEHENTS HITH RESPECT THERETO. BE IT ORDAINED BY THE HAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: Section 1. The Hayor and Council of the City of Grand Island, Nebraska, a municipal corporation (hereinafter sometimes referred to as the "City"), hereby find and determine that said Ci ty O'dns and operates i'l. vlatenlOrks system; that it is necessary and in the interest of said City and its inhabitants that said waterworks system be extended and enlarged by the construction of a new reservoir, pumping station, new water mains and necessary appurtenances; that the City's engineers have preDared and filed in the office of the City Clerk their report and estimate of cost of said proDosed extensions and enlarqements, said estimated cost beina in excess of $1,200,000; that it is necessary that said City proceed forth\.!i th to authorize and issue its \'later Revenue Bonds in the principal amount of One Hillion Tv-1O Hundred Thousand Dollars ($1,200,000) for the purpose of paying the cost of making said extensions and enlargements. The City '\ '-.. , <). has heretofore issued pursuant to Ordinance No. 3922 of the City, and has outstanding as of January 15, 1978, Hater Revenue Bonds Series of 1963, dated February 1, 1963 (the "1963 Bonds"), payable solely from the revenues and earninas of the vmtenlOrks system of said City and has also heretofore issued pursuant to Ordinance No. 5172 of the City and has outstanding as of January 15, 1978, Water Revenue Bonds 1972 Series, dated April 1, 1972 (the ~11972 Bonds"), also payable solely from said revenues and earnings. Said Ordinances No. 3922 and 5172 contain provisions which permit the issuance of additional revenue bonds secured ratably and equally by the revenue of said system upon compliance with the terms and conditions of such provisions. The }1ayor and Council further find and determine that the terms and conditions specified in Section 13 of said Ordinance 3922 and in Section 13 of said Ordinance No. 5172 have been met and the City is authorized to issue Additional Water Revenue Bonds on a parity with the 1963 Bonds and the 1972 Bonds and that all conditions acts and things required by la\'1 for the issuance of the bonds of this issue have been done and performed in due time as provided by law. section 2. For the purpose of providing funds to pay the cost of making extensions and enlargeDents of the waterworks system owned by the City of Grand Island, Nebraska, as herein- after referred to, all in accordance with the plans and specifi- cations of the City's engineers, there is hereby authorized and directed to be issued a series of Water Revenue Bonds of the City of Grand Island, ?Jebraska in the principal amount of $1,200,000 (hereinafter sometimes referrec. to as the "1978 Bonds"). Said bonds -2- shall be payable solely from the revenue and earnings of the City's waterworks system, including all improvements, extensions and betterments thereof, as hereinafter provided. Section 3. Said series of Water Revenue Bonds of the City shall be designated "1978 Series" and shall consist of negotiable coupon bonds numbered from 1 to 240, inclusive, in the denomination of $5,000 each dated January 15, 1978, be~ring basic interest at the rate per annum and with principal to become due on January 15 of the year as indicated below: Bond No. !1aturinq on January 15 of Year Basic Interest Rate Per Annum Amount 1-8 9-16 17-24 25-33 34--42 43-52 53-62 63-73 74-84 85-96 97-109 110-122 123-136 137-151 152-167 168-184 185-201 202-220 221-240 $ 40,000 40,000 40,000 45,000 45,000 50,000 50,000 55,000 55,000 60,000 65,000 65,000 70,000 75,000 80,000 85,000 85,000 95,000 100,000 4.70 4.70 4.70 4.70 4.70 4.70 4.70 4.80 4.80 4.90 5.00 5.00 5.10 5.30 5.35 5.45 5.45 5.50 5.50 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 % % % % % % o. '0 % % % % % % % % % % % Q. '0 In addition to the foregoing basic interest rates Bonds No. 1 to 240 , inclusive, shall bear supplemental interest at the rate of ~% per annum from January 15, 1978 to July 15 , 19-12_, all such supplemental interest to be evidenced by supplemental coupons bearing the letter "A" which coupons may be detached and sold se!Jarately. -3- \ ,1< \ The bonds maturing on January 15 in the years 1980 to 1983, inclusive, shall become due ,.,i thout option of prior payment. The bonds maturing on January 15 in the years 1984 to 1998 inclusive, and each of them, may be called for redemption and payment at the option of the City but only in inverse nurerical order on January 15, 1983, or at any time thereafter at a price equal to the principal amount of the bonds so redeened, tooether with accrued interest thereon to date of redemption, together with a premium on such principal amount which shall be as follows: 2% if redeemed January 15, 1983, or any time thereafter prior to January 15, 1988; 1% if redeemed January 15, 1988, or any time thereafter prior to January 15, 1993; From and after January 15, 1993 all bonds shall be redeemable at par and without premium. In the event of any such redemption, the City shall cause a Call Resolution to be passed and filed in the office of the State Auditor of Public Accounts 30 days prior to the date specified for the payment of bonds and said notice shall be given to the County Treasurer of Hall County in Grand Island, Nebraska, prior to date of Call for the payment of said bonds. Notice of Call shall also be given to the original purchaser of the bonds of this issue. If any bond be called for redemption and payment as aforesaid, interest on such bond shall cease from and after the date for which such Call is made, provided funds are available for its payment at the price hereinbefore specified. Interest on said bonds shall be payable semiannually on January 15 and July 15 in each year, beginning July 15, 1978. -4- Section 4. Both principal of and interest on said bonds shall be payable in la\vful money of the united States of America at the office of the County Treasurer of Hall County, Nebraska, in the City of Grand Island, Nebraska. Said bonds shall be executed on behalf of said City be beinq signed by the !1ayor and by the City Clerk and shall have the seal of the City affixed thereto. Interest coupons shall be attached to said bonds bearing the facsimile signatures of said Mayor and City Clerk. section 5. Said bonds and the interest coupons attached thereto shall be in substantially the following form: No. $ UNITED STATES OF N1ERICA STATE OF NEBRASI,A COUNTY OF HALL CITY OF GRAND ISLAND NATER REVENUE BOND 1978 Series KNOW ALL HEN BY THESE PRESENTS: That the City of Grand Island, in the County of Hall, State of Nebraska, for value received, hereby promises to pay to the bearer hereof, solely out of the revenue and earnings of the City's waterworks system as herein- after specified, the sum of Five Thousand Dollars ($5,000) on the Fifteenth day of January 19 , with interest thereon from the date hereof at the rate of per centum (__%) per annum [here insert provision for supplemental interest as shown in Section 3 of this Ordinance] (likewise payable out of said revenue and earnings), payable semi-annually on January 15 and July 15 in each year after the date hereof, beginning July 15, 1978, until the said principal sum shall have been paid, upon -5- ,'. presentation and surrender of the interest coupons hereto attached bearing the facsimile signatures of the Mayor and City Clerk of said City as said coupons severally become due. Both principal of and interest on this bond are hereby made payable in lawful money of the United states of America at the office of the Treasurer of Hall County, Nebraska in the City of Grand Island, Nebraska. (Insert here in the bonds maturing in the years 1984 to 1998, inclusive, the following: THIS BOND may be called for redemption and paYment at the option of the City of Grand Island, Nebraska, on January 15, 1983, or any time thereafter, at a price equal to the principal amount of this bond, together with accrued interest thereon to date fixed for redemption, together with a premium on such principal amount, which premium shall be as follows: 2% if redeemed January 15, 1983, or any time thereafter prior to January 15, 1988; 1% if redeemed January 15, 1988, or any time thereafter prior to January 15, 1993; from and after January 15, 1993 all bonds shall be redeemable at par and without premium. All of the bonds of the series of which this bond is a part which are subject to redemption and paYment prior to their ultimate maturity, being the bonds maturing in the years 1984 to 1998, inclusive, shall be redeemed and paid prior to maturity only in inverse numerical order, the outstanding bonds having the highest number being the first bond called for payment. In the event of any such redemption, the City shall cause a Call Resolution to be passed and filed in the office of the State Auditor of Public Accounts 30 days prior to the date specified for the payment of bonds and said notice shall -6- " . , \ \ ~ i be given to the County Treasurer of Hall County in Grand Island, Nebraska, prior to date of call for the payment of said bonds. Notice of Call shall also be given to the original purchaser of the bonds of this issue. If any bond be called for redemption and payment as aforesaid, interest on such bond shall cease from and after the date for which such Call is made, provided funds are available for its payment at the price hereinbefore specified.) THIS BOND is one of a series of bonds of like date, denomination and tenor, excepting number, interest rate, privilege of redemption, and maturity, aggregating the principal a~ount of $1,200,000, issued by the City of Grand Island, Nebraska, for the purpose of providing funds to pay the cost of making extensions and enlargements of the waterworks system owned by the City of Grand Island, Nebraska, which bonds have been duly authorized as provided by law and by Ordinance No. adopted DeceITher 12, 1977, all in strict compliance with the constitution and statutes of the State of Nebraska, particularly Section 16-6,101 and 18-1803 to 1805, Reissue Revised Statutes of Nebraska, 1943, as amended. THIS BOND and the interest hereon are payable solely from the revenue and earnings of the ~Natenvorks system of the City of Grand Island, Nebraska, and not from any other fund or source. Under the ordinance of said City authorizing this bond and the series of which it is a part, the revenue derived and to be derived fro~ the opera- tion of the City's watervlOrks system including th{-~ revenue of all improvements, extensions and betterments of said system, will be -7- deposi ted in a separate fund designated as the "~'later\Vorks Revenue Fund" of said City, which said fund shall be used only in paying the reasonable expenses of operating, maintaining and repair.ing the City's watenlOrks system, paying the principal of and interest on the bonds of the City that are issued under the o.uthori ty of the statutes of the State of Nebraska and ordinances of said City, including Water Revenue Bonds dated February 1, 1963, authorized by Ordinance No. 3922, of which $1,010,000 are now outstanding and Water Revenue Bonds dated April 1, 1972, authorized by Ordinance No. 5172, of which $465,000 are nmV' outstanding, and the bonds of this series, and which are payable by their terms from the revenue of said waterworks system, making repairs, replacements, improvements, enlargements, extensions or betterments of said water- works system, including the purchase and acquisition of any equipment or other property necessary therefor, establishing reasonable reserves for the purposes aforesaid, and otherdise as specified in said ordinance. This bond does not constitute a general obligation of said City nor an indebtedness of said City within any constitutional, statutory or charter limitation. THE CITY OF GRAND ISLAND, Nebraska, hereby covenants with the holder of this bond to keep and perform all covenants and agreements contained in the ordinance of sain City authorizing the series of Water Revenue Donds of said City of which this bond is a part, and said City will fix, establish, maintain and collect rates, fees or charges for the use of or services rendered by its waterworks system, including all improvements, extensions and betterments thereof, which rates, fees or charges Vlill be sufficient to pay the cost of operating, main- taining and repairing said waterworks system, pay the principal of and interest on this bond and on the series of which this bond is a -8- ,', part and the principal of and interest on any other water revenue bonds of said City heretofore or hereafter issued in accordance with the provisions of said ordinance and payable from said revenue, and provide adequate reserves therefor. In accordance with the provisions of Sections 16-6,101 and 18-1803 to 18-1805, Reissue Revised Statutes of Nebraska, 1943, as amended, this bond and the series of which it is a part shall be a lien upon the revenue and earnings of the City's waterworks system and is equal in lien to the bonds authorized by Or- dinance No. 3922 and by Ordinance No. 5172 under the terms of said ordinances. For the payment of the principal of and interest on the bonds of this issue a sufficient portion of the revenue and earnings of the City's waterworks system is hereby irrevocably pledged. This bond and the series of which it is a part have been authorized and issued under the provisions of an ordinance of the City duly passed to which ordinance reference is made for a description of the cove- nants of the City with respect to the collection, segregation and application of the revenue of the waterworks system of the City, the nature and extent of the security of such bonds, the rights, duties and obligations of the City with respect thereto, and the rights of the holders thereof. Under the terms of such ordinance, the City has the right to issue additional parity bonds payable from the same source and secured by the same revenue as this bond and the series of which it is a part, provided, however, such additional bonds may be so issued only in accordance with and subject to the covenants, conditions and restrictions relating thereto set forth in said ordinance. THIS BOND and the interest coupons attached hereto are negotiable and shall be transferable by delivery. -9- ,-\. \ AND IT IS HEREBY CERTIFIED, RF~CITED AND DECLARED that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this bond and the series of 'Vlhich this bond is a part, in order to make the same legal and binding obli- gations of said City according to the terms thereof, do exist, have happened and have been performed in due time, form and manner as required by law, and that before the issuance of this bond, provision has been duly made for the collection and segregation of the revenue of the City's waterworks system fu~d for the application of the same as hereinbefore provided. IN WITNESS vlliEREOF, the City of Grand Island, Nebraska, by its Mayor and Council, has caused this bond to be signed by its Hayor, its corporate seal to be hereto affixed and attested by its City Clerk, and the coupons hereto attached to be signed by the facsimile signa- tures of said Hayor and City Clerk, which said facsimile signatures on said interest coupons said officials by the execution of this bond do adopt as and for their own proper signatures, and this bond to be dated this Fifteenth day of January, 1978. Hayor ATTEST: City Clerk (FOillvl OF COUPON) No. On the Fifteenth day of July (January), 19 (Insert in coupons falling due later than January 15, 1983 on Bonds No. 34 to 240, -10- .' . , " inclusive, the following language: "unless the bond to which this coupon pertains shall have been called for payment and payment made or provided for,") the City of Grand Island, Nebraska, will pay to bearer solely from the revenue and earnings of the City's waterworks system the amount shown hereon in lawful money of the United States of America, at the office of the County Treasurer of Hall County, Nebraska, in the City of Grand Island, Nebraska, being six months' interest then due on its Water Revenue Bond, 1978 Series, dated JanuarJ 15, 1978, Bond No. (facsimile) Hayor ATTEST: (facsimile) City Clerk (FOID1 OF CERTIFICATE OF AUDITOR OF PUBLIC ACCOUNTS) STATE OF NEBRASKA Office of the Auditor of Public Accounts ) ) ) SSe I, do hereby certify that I have examined the within bond and all proceedings relative to its issue, and do find ann hereby certify that the within bond has been regularly and legally issued (the data filed in my office being the basis for this certificate), and that the same has been registered in my office in accordance with the provisions of Article 2, Chapter 10, Reissue Revised statutes of Nebraska, 1943, as amended. Witness my hand and seal of office as of the , 1978. day of Auditor or Deputy Auditor of Public Accounts Registry No. Book P acre -11- (FORM OF COUNTY CLERK'S CERTIFIC^TE) STATE OF NEBRASKA SSe County of Hall I do hereby certify that the within bond has been registered in my office pursuant to the provisions of Article 2, Chapter 10, Reissue Revised Statutes of Nebraska, 1943, as amended. Witness my hand and seal of office as of the , 1978. day of County Clerk Section 6. The principal of and interest on the Water Reve- nue Bonds, 1978 Series herein authorized shall be payable solely from the revenue and earnings of the waterworks system of the City, includ- ing all improvements, extensions and betterments thereof, and not from any other fund or source. Said bonds shall be a lien upon the revenue and earnings of the City's waterworks system equal in lien to the out- standing 1963 Bonds and 1972 Bonds, and, for the payment of the princi- pal of and interest on the bonds of this issue, a sufficient portion of the revenue and earnings of the City's waten!orks system is hereby irrevocably pledged. Said bonds shall not constitute general obliga- tions of said City nor indebtedness of said city within any con- stitutional or statutory limitation. Section 7. The Mayor and City Clerk are hereby authorized and directed to prepare and execute the bonds hereinbefore described and to cause said bonds to be registered by the Auditor of Public Accounts of the State of Nebraska, by the City Treasurer, as finance officer of the City, and by the county Clerk of Hall County, Nebraska, and when said bonds have been duly executed and registered, to deliver the same to the purchasers thereof on payment of the purchase price. -12- , ' Said purchase price, exclusive of any premium on said bonds or any accrued interest thereon, shall be deposited in a separate fund hereby created in the treasury of the City to be known as the "Water- works Construction Fund of 1978", sometimes hereinafter referred to as the "Construction Fund", and shall be used by said City for the sole purpose of paying the cost of making extensions and enlargements of the City's waterworks system as herein contemplated. Withdrawals from said fund shall be made on duly authorized and executed claims therefor accompanied by a certificate executed by the City's engineer or consulting engineers, or the City Clerk and Mayor. If upon the completion of makinq said extensions and enlarge- ments as certified by the City's engineer or consulting engineers, or the City Clerk or Hayor, any moneys shall remain in said "Construction Fund", said moneys shall be credited to and deposited in the "Bond Re- serve Account 1978 Series", ordered to be established by said Section 9 of this ordinance, and in such case the amount required by Section 10 to be kept in such Account shall be increased by the amount deposited therein from the Construction Fund. Any prenium on said bonds and any amount received by the City on account of accrued interest on said bonds shall be deposited in the "Principal and Interest Account 1978 Series." Section 8. So long as any of the bonds herein authorized remain outstanding and unpaid, the City covenants and agrees that it will operate the waterworks system on a fiscal year basis, beginning on the first day of August, and ending on the next succeeding last day of July, and that from and after January 15, 1978, all of the revenue collected, derived and to be derived by the City from the operation of its waterworks system, including the revenue of all -13- . .' improvements, extensions and betterments of said system, will be paid and deposited in the fund to be known and hereinafter referred to as the ""\vatenvorks Hevenue Fund" created by Ordinance No. 3922 and referred to in Ordinance tIo. 5172 and that said revenue vvill be segregated and kept separate and apart from all other revenues and funds of the City and will be deposited as collected in said "t'7atenlOrks Hevenue Fund". Section 9. There are hereby created and ordered to be estab- lished in the treasury of the City six separate accounts, each of which shall constitute a special trust account, for the purpose of handling the revenues derived and to be derived from the City's waterworks system, said accounts being hereby designated and to be known respectively as follm'lS: (a) "Operation and Maintenance Account," (b) "Principal and Interest Account 1978 Series" for Water Hevenue Bonds Dated January 15, 1978, herein sometimes referred to as the "Principal and Interest Account," (c) "Heserve Account for "lvaterworks Revenue Bonds Dated January 15, 1978", herein sometimes referred to as the "Bond Reserve Account 1978 Series," (d) "Water"ltlorks System Depreciation and Replacement Account," herein sometimes referred to as the "Depreciation and Replacement Account," (e) "Naterworks System Extension and Betterment Account," herein sometirnes referred to as the "Extension and Betterment Account," and (f) "Waten'lOrks System Surplus Account," herein sometiI".es referred to as the "Surplus Account." Accounts created under (a) (d) (e) and (f) above shall be the same accounts as were created by Ordinance No. 3922 for the 1963 Bonds and referred to in Ordinance No. 5172 for the 1972 Bonds. Said six accounts shall be maintained and administered by the City as hereinafter provided -14- so long as any of the bonds herein authorized remain outstanding. The deposits and accumulated balances required by this ordinance to be maintained in accounts under (a) (d) (e) and (f) above shall be in addition to the balances required in those accounts by Ordinance No. 3922 and Ordinance No. 5172. Section 10. The City covenants and aarees that monthly, beginning on the first day of February 1978 and continuing on the first day of each succeeding month so long as any of the bonds herein authorized remain outstanding, the City will allocate and credit all of the moneys at the time in the "~qaterworks Revenue Fund" of the City as required by Ordinance No. 3922 and by Ordinance No. 5172 and as follovlS : (a) There shall first be credited to said "Operation and Maintenance Account" an amount sufficient to pay the reasonable cost of operating and maintaining the City's watenlorks system during the ensuing month. All amounts credited to said "Operation and Maintenance Account" shall be expended and used by the City for the sole purpose of paying the reasonable and proper expenses of operating and maintain- ing said system, and keeping the same in good repair and working order, including, without limiting the generality of the foregoing, salaries, \vages, costs of materials, supplies, insurance, provision for employees retirement plan, and cost of power. No moneys in said account shall be used for the purpose of extending or enlarging said system. (b) After crediting each month to the "Operation and I1ainten- ance Account" the amount required to pay the reasonable cost of operat- ing and maintaining the City's waterworks system during the ensuing month, the City shall next (concurrently, equally and ratably with the -15- payments required to be made under subsection lO{b) of Ordinance No. 3922 and under subsection lO{b) of Ordinance No. 5172) pay and credit monthly from the "Haterworks Revenue Fund" to the "Principal and Interest Account 1978 Series" to the extent necessary to meet at the maturity thereof all interest on and principal of the bonds herein authorized the following sums: (i) On the first day of each month, beginning February 1, 1978, and continuing on the first day of each month there- after so long as any of the bonds herein authorized remain outstanding and unpaid, an amount not less than one--sixth of the amount of interest becominq due on the bonds herein authorized on the next succeeding interest paynent date. (ii) On the first day of each month, beginning February 1, 1979, and continuing on the first day of each month there- after so long as any of the bonds herein authorized remain outstanding and unpaid, an amount not less than one-twelfth of the principal amount of said bonds becoming due on the next succeeding bond maturity date. All amounts credited to said "Principal and Interest Account" shall be used and expended by the City for the sole purpose of paying when due the principal of and interest on the bonds of the City dated January 15, 1978, herein authorized. (c) After provision has been made for the foregoing Accounts (including the payments required by subsection lO(b) of Ordinance No. 3922 and by subsection lO(b) of Ordinance No. 5172), the City shall monthly (concurrently, equally and ratably with the payr'.ents, if any, required to be made under subsection lO{c) of Ordinance No. 3922 and subsection lO(c) of Ordinance No. 5172) pay and credit to the "Bond Reserve Account 1978 Series" the sum of $1,750.00 until there is accumulated in said account the sum of $105,000, plus any deposit from the Construction Fund. So long as the cash and United States Government obligations -16- ,< , .' , in said "Bond Reserve Account 1978 Series" aggregate One Hundred Five Thousand Dollars ($l05,OOO) plus any deposit from the Construction Fund, no further payments or credits to said account shall be required, but if at any time or from time to time the City shall be compelled to use and expend any part of said "Bond Reserve Account 1978 Series" for the purpose of paying the principal of or interest on the bonds herein authorized and such expenditure shall reduce the amount of said account below said minimum amount then the City, after making all payments and credits at the time required to be made by the City under the provisions of paragraphs (a) and (b) of this Section, shall withdra\1 from the "WatenlOrks Revenue Fund" and shall allocate and credit to said "Bond Reserve Account 1978 Series" all remaining moneys in and accruing to said "WatenlOrks Revenue Fund" until there shall have aqain been accumu- lated in said "Bond Reserve Account 1978 Series" the Sur.l of One Hundred Five Thousand Dollars ($l05,OOO), plus the amount of any deposit from the Construction Fund. Moneys in the "Bond Reserve Account 1978 Series" shall be used to pay and retire the last outstanding bonds herein authorized unless such bonds and all interest thereon be otherwise paid. If the City in conformity with the provisions hereinafter contained shall hereafter issue its additional water revenue bonds which shall stand on a parity with the bonds herein authorized and if at any time the moneys and investments in the "Hatenrorks Revenue Fund" shall be insufficient to make payment in full of the amounts at the time required to be paid and credited by the City into the bond reserve accounts established by the City to protect the payment of its outstanding water revenue bonds, including only the bonds heretofore -17- . ' issued, the bonds herein authorized and bonds hereafter issued in con- formity with the provisions hereof and standing on a parity with the bonds herein authorized, the available moneys in and accruina to the "Watervlorks Revenue Fund" shall be divided among such bond reserve accounts in proportion to the respective principal amounts of the series of \vater revenue bonds of the City at the time outstanding \vhich are payable from the moneys in such bond reserve accounts. (d) After provision has been made for the foregoing accounts the City shall monthly pay and credit to the "Depreciation and Replace- ment Account" the sum of $1,000.00 until there is accumulated in this Account the sum of $60,000 in addition to the SUr.1S required to be main- tained in said account by Section 10(d) of Ordinance No. 3922 and Section 10(d) of Ordinance No. 5172. If at any tiDe or from time to time, the City shall be compelled to use any part of said account and such use shall reduce the amount of said account below such additional sum of Sixty Thousand Dollars ($60,000), then the City, after making all payments and credits at the time required to be made by the City under the provisions of paragraphs (a), (b), and (c) of this Section, shall vTi thdraw from the "~vatervlOrks Revenue Fund" and shall allocate and credit to said "Depreciation and Replacement Account" all remainina moneys in and accruing to said "HatervlOrks Revenue Fund" until there shall have again been accumulated in said "Depreciation and Replacement Account" such additional sum of Sixty Thousand Dollars ($60,000). (e) After provision has been made for the foregoing accounts the City shall monthly pay and credit to the "Extension and Betterment Account" the sum of $1,000.00 until there is accumulated in this Account the sum of $60,000 in addition to the sums required to be maintained in -18- . - . ' said account by Section 10(e) of Ordinance No. 3922 and Section 10(e) of Ordinance No. 5172. If at any time or from time to time, the City shall be compelled to use any part of said account and such use shall reduce the amount of said account below such additional sum of Sixty Thousand Dollars ($60,000), then the City, after making all payments and credits at the time required to be made by the City under the provisions of paragraphs (a), (b), (c), and (d) of this Section, shall withdraw from the "Naterworks Revenue Fund" and shall allocate and credit to said "Extension and Betterment Account" all remaining moneys in and accruing to said "Haterworks Revenue Fund" until there shall have again been accumulated in said "Extension and Betterment Account" such additional sum of Sixty Thousand Dollars ($60,000). (f) After making all allocations and credits at the time required to be made by the City under the provisions of paragraphs (a), (b), (c), (d), and (e) of this Section, all rer~aining r.loneys in and accruing to the "l'laterworks Revenue Fund" shall be allocated and credited to the "Waterworks System Surplus Account" hereinbefore ordered to be established. The City further covenants and agrees that after paying or making provision for the payment from its surplus funds nmv on hand derived from the operation of its water- works system of all obligations, costs and expenses legally incurred by the City with respect to its waterworks system prior to February 1, 1978, and after making the payments into the "Principal and Interest Account 1978 Series", the "Bond Reserve Account 1978 Series", the "Depreciation and Replacement Account" and the "Extension and Betterment Account" required under the provision -19- ,'~ - , of paragraphs (c), (d), and (e) of this Section, all remaining waterworks funds on hand will be paid into said "Waterworks System Surplus Account." So long as any of the 1963 Bonds are unpaid, the "Surplus Account" shall be governed by Ordinance No. 3922. After the 1963 Bonds are fully paid, the City may each fiscal year withdraw from the "Surplus Account" and pay into the City's general fund, an amount not exceeding 50% of the amount deposited in the "Surplus Account" the preceding fiscal year less any \vithdra~lals in the preceding fiscal year, provided, however, that no such withdrawal from said "Surplus Account" and payment into the general fund of the City for the general governmental and municipal functions of the City shall be made at a time when the City shall be in default in the performance of any covenant or agreement contained in Section 10 of this ordinance or \vhen such wi thdra~.,al would cause the City to be in default in the performance of any such covenant or agreement. Except as aforesaid, no moneys derived by the City from the operation of its waterworks system shall be diverted or applied to the general governmental or municipal functions of the City so long as any of the bonds herein authorized remain outstanding. Except as otherwise provided in this ordinance, and after the 1963 Bonds are fully paid, the remaining moneys in said "Surplus -20- . -, Account" may be expended by the City for the purpose of anticipating payments into or increasing the amounts of the accounts described in paragraphs (a), (b), (c), (d), and (e) aforesaid or any of them, or any sinking fund or reserve fund created by the City for the payment of any water revenue bonds of the City hereafter issued under the conditions hereinafter specified and standing on a parity with the bonds herein authorized, or for the purpose of paying the cost of operation, maintenance and repair of the City's waterworks system, making extensions, enlargements, improvements, replacements, and betterments thereof, or redeeming and paying prior to maturity the 1963 Bonds, the 1972 Bonds and the bonds herein authorized or any other water revenue bonds of the City hereafter issued under the conditions hereinafter specified and standing on a parity with the bonds herein authorized, such redemption to be made in the manner, after the notice, and in accordance with all of the condi- tions hereinbefore specified, or for the purpose of purchasing at the market price thereof any of said bonds. The City covenants and agrees that it will not use the moneys in said "Surplus Account" for the purpose of making any extensions, betterments or improvements in the City's waterworks system costing in excess of One Hundred Thousand Dollars ($100,000) for any single purchase or improvement without securing from the City's consulting engineer or engineers, a report and recomendation with, respect to such extension, better- ment or improvement, nor will the City make any such improvement except in accordance with the recommendation of such engineer or engineers. -21- . - , If at any time the revenue derived by the City from the operation of its watenlorks system shall be insufficient to make any payment on the date or dates hereinbefore specified, the City will make good the amount of such deficiency by making additional payments out of the moneys in said "Surplus Account" if any available moneys be in such account, and if the moneys in said "Surplus Account" be insufficient to cure such deficiency, then out of the first available revenues thereafter accruing to the City's Waterworks Revenue Fund. Nothing contained in this Section 10 or in this ordinance shall prohibit or restrict the right of the City to issue additional water revenue bonds payable from the net revenue produced from the City's waterworks system or from using moneys in the "vJatenlOrks Revenue Fund" to pay the interest and the principal of said bonds and to create reasonable reserve accounts therefor, provided any such additional bonds shall be issued under the conditions and subject to the restrictions hereinafter in this ordinance specified. If at any time the moneys in the "Principal and Interest Account 1978 Series" and in the "Bond Reserve Account 1978 Series" are not sufficient to pay the principal of and interest on the bonds herein authorized as and when the same become due, then the amount of such deficiency shall be made up by transfer of moneys from the other accounts and funds hereinbefore created in the following order: First, from the "Surplus Account"; next, from the "Extension and Betterment Account"; next, from the "Depreciation and Replacement Account"; and lastly, from any moneys in the "~vatenlOrks Revenue Fund". If the City, shall have outstanding -22- any other water revenue bonds standing on a parity with the bonds herein authorized, the City may provide that moneys in the accounts and funds aforesaid may be used as aforesaid if such use be necessary to prevent any default in the payment of any interest on or principal of such other or additional water revenue bonds. If at any time the amount held in any account shall be in excess of the amount required by the provisions of this ordinance, the governing body of the City may direct that such excess be paid into the "Waterworks Revenue Fund" or into the "Surplus Account". Section 11. Any moneys held in the "Construction Fund 1978 Series" may be invested by the City if permitted by law in bonds or other direct obligations of the United States government having a fixed redemption value or becoming due within eighteen (18) months from date of purchase. Any moneys in the "Bond Reserve Account 1978 Series", the "Depreciation and Rep1acerrent Account", the "Extension and Betterment Account", and in the "Surplus Account" may be invested by the City if permitted by law in bonds and other direct obligations of the United States Government having a fixed redemption value or becoming due within ten (10) years from the date of purchase. In no event shall any investment be made for a period longer than the time that the flayor and Council may estimate that the moneys may be needed for the purposes of such funds or accounts. All interest on any obligations held in any fund or account created or directed to be established by this ordinance shall accrue to and become a part of such fund or account. In deter~ining the amount held in any fund or account under any of the provisions -23- contained herein, bonds or other direct obligations of the United States Government shall be valued at the market value thereof. Section 12. The City of Grand Island, Nebraska, covenants with each of the purchasers and owners of the water revenue bonds of the City herein authorized that, so long as any of said bonds remain outstanding and unpaid: (a) The City will fix, establish, maintain and collect rates, fees or charges for the use of or services rendered by the waterworks system of the City, including all improvements, extensions and betterments thereof, which rates, fees or charges shall be sufficient to pay the cost of operating, maintaining and repairing said system, pay the principal of and interest on the bonds herein authorized, and any other bonds of said City heretofore issued or hereafter issued in accordance with the provisions of this ordinance and payable from said revenue, and provide adequate reserves for the payment of the principal of and interest on said revenue bonds, including the payments required to be made by the City into the "Principal and Interest Account 1978 Series", the "Bond Reserve Account 1978 Series", the "Depreciation and Replacement Account", and the "Extension and Betterment Account" hereinbefore ordered to be established. The City covenants and agrees that it will at all times maintain and collect water rates, fees and charges which will be sufficient to enable the City to have in each fiscal year net revenues in an amount that will be at least one hundred twenty-five per cent (125%) of the amount that \.lill be required to be paid by the City on account of both principal and interest on the bonds herein authorized during any succeeding year. -24- .' . (b) None of the facilities or services afforded by the waterworks system of the City will be furnished to any user thereof without a reasonable charge being made therefor. The City will pay monthly into the "Waterworks Revenue Fund" at fairly established rates for all service furnished by the City's waterNorks system to the City or any of its departments. (c) The City will maintain in good repair and working order its wate~vorks system and will operate the same in an efficient manner and at reasonable cost. (d) The City will employ an independent consulting engineer or firm of consulting engineers having a national reputa- tion for skill and experience in the construction and operation of public utilities and \vill cause such consulting engineer or engineers to make at least once in every three years an examination and report on the condition and operations of the City's wate~vorks system, such report to include recommendations as to any changes in such operation deemed desirable. Such report shall also make reference to any unusual or extraordinary items of maintenance and repair or any extensions or improvements that may be needed in the ensuing three year period. A copy of each such report shall be filed in the office of the City Clerk and a copy will be mailed promptly to the manager of the underwriting group pruchasing the bonds herein authorized. (e) The City will not mortgage, pledge or othe~vise encumber its waterNorks system as now constituted or any part there- of or any extension I enlargement or improvement thereof I nor \vill it -25- . . sell, lease or otherwise dispose of said system or any material part thereof; provided, however, the City, may dispose of any property which has become obsolete, nonproductive, or otherwise unusable to the advantage of the City. Any cash proceeds derived from the sale of such property shall become a part of the "Deprecia- tion and Replacement Account" hereinbefore created. (f) The City will carry and maintain a reasonable amount of all-risk insurance upon the properties forming a part of its waterworks system insofar as they are of an insurable nature, the amount of such insurance being such amount as would normally be insured by a private corporation engaged in a similar type of business. In the event of loss or damage, the City with all reason- able dispatch will use the proceeds of such insurance in recon- structing and replacing the property damaged or destroyed, or, if such reconstruction or replacement be unnecessary, then in redeeming or purchasing outstanding revenue bonds of the City, including only the bonds herein authorized or other revenue bonds previously issued or hereafter issued, under the provisions of this ordinance, and standing.on a parity with the bonds herein authorized. The City in operating its waterworks system will carry and maintain public liability and workmen's compensation insurance in such amounts as would normally be maintained by a private corporation engaged in a similar type of business. The proceeds derived from any such policies shall be used in paying the claims on account of which such proceeds were received. The cost of all insurance referred to in this para- graph shall be paid as an operating cost out of the revenues of the system. -26- , , (g) The City will keep and maintain prooer books, records and accounts (entirely separate from all other records and accounts of the City) in which complete and correct entries \"ill be made of all dealings and transactions of or in relation to the properties, business and affairs of the waten10rks system of the City. Such accounts shall show the amount of revenue received from such system, the application of such revenue, and all financial transactions in connection therewith. Said books shall be kept by the City according to standard accounting practices as applicable to the operation of utilities of a similar nature. Annually, within ninety (90) days following the close of each fiscal year, the City will cause an audit to be made by a firm of certified public accounts of the accounts of the City's watenvorks system for the preceding fiscal year. Each such audit, in addition to such matters as may be thought proper by said accountants, shall, without limiting the generality of the foregoing, include the following: (i) A statement of the gross revenues received, of the expenditures for operation, maintenance and repair, of the net operating revenue, and of the amount of any capital expenditures or other expenditures made in connection with the system during such fiscal year. (ii) A balance sheet as of the end of such fiscal year, with the amount on hand at the end of such year in each of the funds and accounts created by Sections 7, 8 and 9 of this ordinance. (iii) A statement showing the profit and loss for such fiscal year. (iv) A statement of the number of customers served by the City's waterworks system, the class of customers, and the total consumption per class of customers. (v) The amount of \'later produced and the amount sold during the fiscal year. -27- .' . , , (vi) A statement showing the amount and character of all insurance policies carried by the City and in force at the end of the fiscal year, setting out as to each policy the amount of the policy, the risks covered, the name of the insurer, the expiration date of the policy, and the premium thereon. (vii) The comment of said accountants regarding the method by which the City has carried out the requirements of the ordinance and the recommendations of said accountants for any changes or improvements in the operation of the accounting system and practices of the City. Within thirty (30) days after the completion of each such audit, a copy of the same shall be filed in the office of the City Clerk where it shall be open to public inspection, and a duplicate copy of each such audit shall be mailed by said accountants to the manager of the undenvriting group purchasing the bonds herein authorized. On the written request of said manager, the City shall mail quarterly statements of the receipts and disbursements of its waterworks system to said manager and to such investment banking firms and statistical reporting services as said manager may reasonably designate. If any audit shall disclose that proper provision has not been made for all of the requirements of the lavl under which the bonds herein authorized are issued, and of this ordinance, the City covenants and agrees that it will promptly cure such deficiency and that it will promptly proceed to cause to be charged for the services rendered by the City's watenvorks system rates which will adequately provide for such requirements. (h) The holder of any of the revenue bonds herein author- ized, or the representative of such holder, shall have the right -28- at all reasonable times to inspect the City's watenvorks system and all records, accounts and data relating thereto, and any such holder shall be furnished by the City \vi th all such information concerning said system and the operation thereof which he may reasonably request. (i) The City will punctually perform all duties and obligations with respect to the operation and maintenance of its watenvorks system now or hereafter isposed upon the City by the laws of the State of Nebraska and by the provisions of this ordinance. Section 13. The City of Grand Island, Nebraska, hereby covenants and agrees that, so long as any of the bonds herein authorized remain outstanding and unpaid, said City will not issue any additional bonds or other obligations payable out of the revenues of its watenvorks sytern, or any part thereof, which are superior to the bonds herein authorized. As long as the 1963 Bonds are outstanding and unpaid the City agrees that it will not issue any additional bonds or other obligations on a parity or equal with the bonds herein authorized unless all of the conditions of Section 13 of Ordinance No. 3922 have been met. After all of said out- standing bonds 1963 Series have been paid or provision made for their payment, the City covenants and aqrees that it will not issue any additional bonds or other obligations on a parity or equal with the bonds herein authorized unless the revenues of the waterworks system which are pledged for the payment of such additional bonds for the fiscal year next preceding the date of the authorization -29- "10, 4, of such additional bonds, after deducting therefrom all costs of operation and maintenance of said system, or systems, for such fiscal year and before deduction of depreciation or interest as based on a certified public accountant's report, shall have been equal to one and one fourth times the average bond reauireMents of the 1972 Bonds, the bonds herein authorized, any additional bonds of equal lien to the 1972 Bonds and the bonds herein authorized then outstanding and the additional bonds to be issued, which average bond requirement shall be determined by adding all of the principal and interest which will become due when computed to the absolute maturity of the 1972 Bonds the bonds herein authorized, and additional bonds, if any, then outstanding and all of the principal and interest of the additional bonds to be issued, and dividinq such total by the number of years remaining that the longest bond of any issue of bonds (including the additional bonds to be issued) has to run to maturity, provided there shall be no default in any of the payments required to be made into the respec- tive funds and accounts created by Section 9 of this ordinance or Section 9 of Ordinance No. 5172. Compliance with the above earnings test for the issuance of parity lien bonds shall be evidenced by a certificate of an independent Consulting Engineer or firm of engineers or Certified Public Accountant or independent Certified Public Accountants to be filed with the City Clerk prior to the issuance of any such addi- tional bonds. Such certificate shall state fully the facts upon which such certificate is based, and if it is a certificate of the -30~ .. . , , Consulting Engineer or firm of Consulting En0ineers shall have attached thereto the certified financial statement for the fiscal year next preceding the date of authorization of such additional bonds usep by the Engineer or firm of Engineers in arrivinq at the conclusion stated in said certificate. In the event any change in the rates, rentals, and charges for the use and service of the waterworks system has been made during the preceding fiscal year or during the interval between the end of the fiscal year and the issuance of such additional bonds, or in the event the City shall covenant in the ordinance or resolution authorizing the issuance of such additional bonds to impose, effective upon the issuance of such additional bonds, higher rates, rentals and charges for such use and service, the Consulting Engineer or independent Certified Public Accountant of the City shall, in determining the earnings for such fiscal year adjust the collections to reflect the result as if such changed rates, rentals and charges, or such higher rates, rentals and charges had been in existence for such entire preceding fiscal year period, and the amount of such net collections and adjusted earnings as aforesaid shall be conclusive evidence and the only evidence required to show compliance for the issuance of additional parity lien bonds. Additional water revenue bonds of the City issued under the conditions set forth above shall stand on a parity with the 1972 Bonds and the bonds herein authorized and shall enjoy complete equality of lien on the revenue of the City's waterworks system with the 1972 Bonds and the bonds herein author- ized, and the City may make equal provision for paying said bonds -31- , . \ . and the interest thereon out of the "li'!ater\vork.s Revenue Fund" referred to in Section 8 of this ordinance and may likewise provide for the creation of reasonable principal and interest and bond reserve accounts for the payment of said additional bonds and interest thereon out of the moneys in said lIt'Jaten<lorks Revenue Fund II . Section 14. The terms "water'Norks system" and "water system" as used in this ordinance shall mean and include the entire plant and system used by the City for the production, trans- mission, treatment and distribution of water, whether, now owned or hereafter acquired, and whether located within or without the corporate boundaries of the City, including appurtenances and facilities connected therewith or relating thereto, together with all extensions, enlargements, improvements, betterments and addi- tions thereto hereafter made or acquired by the City. Section 15. The City covenants and aqrees that in the event that default shall be made by it in the payment of interest on or principal of any of the bonds herein authorized after such interest or principal shall become due, or in the event default shall be made by it in the payment of any of the bonds herein authorized when such bonds shall be called for redemption and payment, or in the event default shall be made by the City in the performance of any other covenant or agreement made by it contained herein and such default shall continue for a period of thirty (30) days, then at any time thereafter and vlhile such default shall continue, the holders of twenty-five per cent (25%) in amount of the bonds herein authorized then outstanding may, by written notice -32- ., , \ . . to the City filed in the office of the City Clerk, declare the principal of all the bonds herein authorized then outstanding to be due and payable immediately, and upon any such declaration given as aforesaid, all of said bonds shall become and be iITmediately due and payable, anything in this ordinance or in said bonds contained to the contrary notwithstanding. This provision, however, is sub- ject to the condition that if at any time after the principal of said bonds shall have been so declared to be due and payable, all arrears of interest upon all of said outstanding bonds, except interest accrued but not yet due on such bonds, and all arrears of principal upon all of said bonds shall have been paid in full, and all other defaults, if a~y, by the City under the provisions of this ordinance and under the statutes of the State of Nebraska, shall have been cured, then and in every such case, the holders of a majority in amount of the bonds herein authorized then outstanding, by written notice to the City given as hereinbefore specified, may rescind and annul such declaration and its consequences, but no such recission or annulment shall extend to or affect any subsequent default or impair any rights consequent thereon. Section 16. Except for amendments required for the correction of language to cure any ambiguity, formal defect, omission, mistake or manifest error contained herein, ,,,hich ap'endment may be made "ii thout the consent of any bondholder, the provisions of the bonds authorized by this ordinance and the provisions of this ordinance may be modified or amended at any time by the City with the vlritten consent of the holders of not less than seventy-five -33- , . per cent (75%) in aggregate principal amount of the bonds herein authorized at the time outstanding; provided, however, that no such modification or amendment shall permit or be construed as permitting (a) the extension of the maturity or the principal or any of the bonds issued hereunder, or the e:{tension of the maturity on any interest on any bonds issued hereunder, or (b) a reduction in the principal amount of any bonds or the rate of interest thereon, or (c) a reduction in the aggregate principal amount of bonds the consent of the holders of which is required for any such amendment or modification. Any provision of the bonds or of this ordinance may, however, be modified or amended or amended in any resnect with the written consent of the holders of all of the bonds then out- standing. Every amendment or modification of a provision of the bonds or of this ordinance to which the written consent of the bondholders is given as above provided shall be expressed in an ordinance of the City amending or supplementing the provisions of this ordinance and shall be deemed to be a part of this ordinance. It shall not be necessary to note on any of the outstanding bonds any reference to such amendment or modification, if any. A certified copy of every such amendatory or suppleMental ordinance, if any, and a certified copy of this ordinance shall always be kept on file in the office of the City Clerk and shall be made available for inspection by the holder of any bond or prospective purchaser or holder of any bond authorized by this ordinance, and upon payment of the reasonable cost of preparing the same, a certified copy of any such amendatory or supplemental ordinance or of this ordinance -34- ., - '. . , - . will be sent by the City Clerk to any such bondholder or prospective bondholder. Section 17. The provisions of this ordinance, including the covenants and agreements hereinbefore contained, shall con- stitute a contract by and between the City and the holders of the bonds herein authorized and the holder of anyone or more of the bonds shall have the right, for the equal benefits and protec- tion of all holders of bonds similarly situated: (a) By mandamus or other suit, action or proceeding at law or in equity to enforce his rights against the City and its officers, agents and employees, and to require and compel the City and its officers, aqents and employees to perform all duties and obligations required by the provisions of said ordinance, or by the Constitution and laws of the State of Nebraska. (b) By suit, action or other proceeding in equity or at law to require the City, its officers, aqents and employees to account as if they were the trustees of an express trust. (c) By suit, action or other proceeding in equity or at law to enjoin any acts or things which may be QDlaw- ful or in violation of the rights of the holders of the bonds. Nothing contained in this ordinance, however, shall be construed as imposing on the City any duty or obligation to levy any taxes either to meet any obligation incurred herein or to pay the principal of or interest on the bonds herein authorized. No remedy conferred hereby upon any holder of the bonds herein authorized is intended to be exclusive of any other remedy, but each such remedy is cumulative and in addition to every other remedy and may be exercised without exhausting and without regard -35- .. . , . to any other remedy conferred hereby. No \vaiver of any default or breach of duty or contract by the holder of any bond shall extend to or affect any subsequent default or breach of duty or contract or shall impair any rights or remedies thereon. No delay or omission of the holder to exercise any right or power shall be construed to be a waiver of any such default or acquiescence therein. Every substantive right and every remedy conferred upon the holders of the bonds may be enforced and exercised from time to time and as often as may be deemed expedient. In case any suit, action or proceeding to enforce any right or exercise any remedy shall be brought or taken and then discontinued or abandoned, or shall be determined adversely to the holders of the bonds, then, and in every such case, the City and the holders of the bonds shall be restored to their former positions and right and remedies as if no such suit, action or other proceeding had been brought or taken. Section 18. 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 1978 Bonds issued pursuant to this ordinance and any such bonds shall no longer be deemed outstanding hereunder if such bonds shall have been purchased and cancelled by the City, or when payment of the principal of and interest thereon to the respective date of maturity or redemption (a) shall have been made or caused to be made in accord- ance with the terms thereof; or (b) shall have been provided for by depositing with the Treasurer of Hall County, Nebraska, or with a national or state bank having trust powers, in trust solely for such -36- ~., . , payment (i) sufficient money to make such payment, or (ii) direct general obligations of or obligations the principal and interest of which are unconditionally guaranteed by the United States of America (herein referred to as "U.S. Government Obligations") in such amount and bearing interest payable and maturing or redeeMable (at stated fixed prices at the option of the holder) at such time or times as will ensure the availability of sufficient money to make such payment; provided, however, that, with respect to any bond to be paid prior to maturity, the City shall have duly given notice of redemption of such bonds as provided by law. Any such money so deposited with a bank or the County Treasurer of Hall County may be invested and reinvested in U. S. Government Obligations at the direction of the City, and all interest and income from such U.S. Government Obligations in the hands of such bank or Treasurer in excess of the amount required to pay principal and interest on the bonds for which such monies were deposited, shall be paid over to the City as and when collected. Section 19. If any section or other part of this ordinance shall for any reason be held to be invalid, the validity of the remainder hereof shall not be affected thereby. Section 20. This ordinance shall take effect and be in force from and after its passage and approval as provided by law and shall be published in pamphlet form. PASSED AND APPROVED this Lc2~ day of ~~~ , 1977. #7/~' - .,. A TT:g;~~~ ,I;t;:~ ,.',. ',d . ,:" (I).J.;1iy Cler&.>;:,.lh h /,., ,: ,,<\;' ,J.:, /" T ,- 0'0 ::t: v,~ rl..,- " ....... ".."" v~ f'.(. t ':. " n u}(': .I N jJ.'~ 'i'!, ..',r'o -"ll. ."'1.'_." l -4f"' fJ' \{}_ ,"'''' "0 /Jo(l' /y ,\\ ~'.Qt!,~, ~(J(/ltJ !.f' '',,'. 11" O'1')~'"I1\Qlt)")" I.. \(.. '\ '. 1/[.:0 R r. S'i',; ,., \i~~.." _1;.1.. .t,.r., '.'. ., -~:~~ ,~ -37- . d-i\= ,,:::" ORDINANCE NO. 6233 An ordinance creating Street Improvement District No. 937; defining the boundaries of the distd.ct; providing for the improvement of a street within the district by paving, curbing, guttering, and all incidental work in connection therewith; and to provide for an effective date of this ordinance. BE IT ORDAINED BY THE MP.YOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 937 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at a ~oint on the south line of 11th Street, being 60 feet, or 18.288 meters. south of the south line of Block 4 in Pleasant Hill Addition, and 204.75 feet, or 62.408 meters, east of the west line of Saint Paul Road; thence running west on the south line of 11th Street for a distance of 204.75 feet, or 62.408 meters, to the west line of Saint Paul Road; thence running north on the west line of Saint Paul Road for a distance of 20 feet, or 6.096 meters, more or less, to the southerly line of 11th Street lying westerly of Saint Paul Road; thence running southwesterly on the southerly line of 11th Street for a distance oJ 40 feet, or 12.192 meters, more or less, to the junction of the west prolongation of the south line of 11th Street lying east of Saint Paul Road; thence running west on the west prolongation of the south line of 11th Street lying east of Saint P8.ul Road, for a distance of 70.6 feet, or 21.519 meters; thence running northwesterly on a line for a distance of 920 feet, or 280.416 meters. more or less, to a point 300 feet, or 91.44 meters, west of the west line of Saint Paul Road, and 90 feet, or 27.432 meters, south of the north line of Lot One (1) in Garrett's Subdivision; thence running north on a line parallel to and 300 feet, or 9l.4lf meters, west of the west line of Saint Paul Road for a distance of 90 feet, or 27.432 meters, to the north line of Lot One (1) in Garrett's Subdivision; thence running west on the north line of Lot One (1) in Garrett's Subdivision for a dist.ance of 7 feet, or 2.134 meters; thence running north on a line parallel to and 300 feet, or 91.44 meters, west of the west line of Saint Paul Road for a distanc.e of 205 feet, or 62.484 meters; thence running east on a line parallel to and 205 feet, or 62.484 meters, north of the north line of Lot One (1) in Garrett's Subdivision for a distance of 7 feet, or 2.134 meters; thence running north on a line parallel to and 300 feet, or 91.44 meters, west of the west line of Saint. Paul Road for a distance of 784 feet, or 238.963 meters, to the south line of 18th Street; thence running east on the south line of 18th Street and its east prolongation for a distance of 234 feet, or 71.323 meters, to a point 56 feet, or 20.117 meters, west of the west line of Saint Paul Road; thence running north on a line parallel to and 66 feet, or 20.117 meters, west of the west line of Saint Paul Road for a distance of 223.5 feet, or 68.123 meters, to the north line of 18th Street lying east of Indiana Avenue; thence running east on the north line of 18th Street and its east prolongation for a distance of 432 feet, or 131.674 TIieters, to a point 300 feet, or 91.44 meters, east of the east line of Saint Paul Road; thence running south on a line parallel to and 300 feet, or 91.44 meters, east of the east line of Saint Paul Road for a distance of 688.8 feet, or 209.946 meters, more or less, to the north line of 15th Street; thence running west on the north line of 15th Street for a distance of 175 feet, or 53.34 meters; thence running south on a line parallel to and 125 feet, or 38.1 meters, east of the east line of Saint Paul Road for a distance of 352 feet, or 107.29 meters, to the south line of 14th Street; thence running east on the south line of 14th Street for a distance of 7 feet, or 2.134 meters, to a point 132 feet, or 40.234 meters, east of the east line of Saint Paul Road; thence running south on a line parallel to and 132 feet, or 40.234 meters, east of the east line of Saint Paul Road for a distance of 620 feet, or 188.976 meters, to the north line of 12th Street; thence running east on the north line of 12th Street for a distance of 6.75 feet, or 2.057 meters, to a point 138.75 feet, or 42.291 meters, east of the east line of Saint Paul Road; thence running south on a line parallel to and 138.75 feet, or 42.291 meters, east of the east line of Saint Paul Road for a distance of 549.1 feet, or 167.366 meters, to the point of beginning, all as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. -~.- ~ '\ 25 I 1'- o~lJ..) ~ en 'X 8:1' , ;; b~ 2 if. Q.. \ ~ \~ . L.. :..... W ~~ cr.: .a:: 0... bJ Cl _J ~ (:i lU -l guttering, and all incidental work in connection therewith: SECTION 3. The following street in the district shall be improved by paving, curbing, Saint Paul Road from the south line of 11th Street lying east of Saint Paul Road to the north line of 18th Street at its junctioll with the west line of Saint Paul Road. . . "'"- ORDINANCE NO. 6233 (Cont'd) Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the City, and approved by the Mayor and Council. SECTION 4. The improvements shall be made at public cost, but the cost thereof, excluding intersections, shall be assessed upon the lots and lands in the district specially benefitted as provided by law. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, as provided by law. SECTION 6. This or~inance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 7. After passage, approval, and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Daily Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted DEe j ? 1Q77. ATTEST: K4~~~ CJ.ty C er ~~ent of the Council ~ 2 - . "':;. (j) 1.$ 1/' ZI ] .... It) en '.. d '" ] ~ Z ~\ ... ,061 0 (.) :g oJ I '" ir 0 a ... '" _Cf) .. .. Cf) 0- 1$ r;i ~ r-.S .... ~o j~ Q) Ol- 061 ..- Q) crz -,00>:- E -111..1 zQ) :;)~ <(w 0'11" 0.> -0 0 (1)/'0 ~cr 0::' Cf)n. wO ::lE LL.- >.. 0... ~ Z fllPI ,L/1 0"': ...1LI u::: crW <(0:: Q.t- ......Cf) . '" _r I -~ co r-- .~ S J. ----,00>:-- +, -co m '" 9 b o OJ 1/' 91 Sol '", .; !!! .. 00>: ,Z>:t> , _Qlm- T OROINANCE NO. 6234 . An ordinance creating Street Improvement District No. 940; defining the boundaries of the district; providing for the improvement of streets within the district by paving, curbing, guttering, and all incidental work in connection therewith; and providing for an effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 940 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at a point on the west line of Saint Paul Road, being 33 feet, or 10.058 meters, west of the section line in Saint Paul Road and 245.25 feet, or 74.752 meters, north of the north line of 18th Street attached to and running west of Saint Paul Road; thence running south on the west line of Saint Paul Road for a distance of 605.25 feet, or 184.480 meters, to a point 300 feet, or 91.44 meters, south of the south line of said 18th Street; thence running west on a line parallel to and 300 feet, or 91.44 meters, south of the south line of said 18th Street for a dis- tance of 132 feet, or 40.234 meters, to the south prolongation of the east line of Indiana Avenue; thence running south on the south prolongation of the east line of Indiana Avenue for a distance of 161 feet, or 49.073 meters, south of the south line of Blain Addition; thence running west on a line parallel to and 161 feet, or 49.073 meters, south of the south line of Blain Addition for a distance of 50 feet, or 15.24 meters, to the south prolongation of the west line of Indiana Avenue to a point being 182 feet, or 55.474 meters, west of the west line of Saint Paul Road; thence running north on the south prolongation of the west line of Indiana Avenue for a distance of 300 feet, or 91.44 meters, to the south line of 18th Street attached to and running west of Indiana Avenue; thence running west on the south line of said 18th Street for a distance of 300 feet, or 91.44 meters, to a point 350 feet, or 106.68 meters, west of the east line of Indiana Avenue; thence running north on a line 350 feet, or 106.68 meters, west of the east line of Indiana Avenue for a distance of 376 feet, or 114.605 meters, to the north line of 19th Street; thence running east on the north line of 19th Street for a distance of 300 feet, or 91.44 meters, to a point 50 feet, or 15.24 meters, west of the east line of Indiana Avenue; thence running north on the north prolongation of the west line of Indiana Avenue for a distance of 169 feet, or 51.511 meters, to a point north of the north line of 19th Street; thence running east on a line parallel to and 169 feet, or 51.511 meters, north of the north line of 19th Street for a distance of 50 feet, or 15.24 meters, to a point on the north prolongation of the east line of Indiana Avenue; thence running south on the north prolongation of the east line of Indiana Avenue for a distance of 76.25 feet, or 23.241 meters, to a point 92.75 feet, or 28.27 meters, north of the north line of 19th Street; thence running east on a line parallel to and 245.25 feet, or 74.752 meters, north of the north line of 18th Street for a distance of 132 feet, or 40.234 meters, to the west line of Saint Paul Road, being the point of beginning, all as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference.' SECTION 3. The following streets in the district shall be improved by paving, curbing, guttering, and all incidental work in connection therewith: Eighteenth Street from the west line of Saint Paul Road to the east line of Indiana Avenue, and Indiana Avenue from the south line of Eighteenth Street, being west of Indiana Avenue to the north line of Nineteenth Street, being west of Indiana Avenue. Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the City and approved by the Mayor and Council. SECTION 4. The improvements shall be made at public cost, but the cost thereof, excluding intersections, shall be assessed upon the lots and lands in the district specially benefited as provided by law. 1977 . lEGAL DEPARTMENT . . ORDINANCE NO. 6234 (Cont'd) SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, and publication without the plat, as provided by law. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 7. After passage, approval, and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Daily Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted DEe 1 2 1r;U7 AW~ j Hy erk Counci - 2 - --," ~ , $- . $" ~ ~ I J 33' 33' I" 1 ;. .0 I "" 50' , 'it v"" . 225' 34 0 It) (\j -----.., ~ PT. OF BEGINNING I J_ 132' -./ I -en . , CD 00 -en ~ .1 00 ~ ~ It) ~ ,.., A (\j en I II .. 30 ' .. 50' ~ 225' -50'-" 132 I - 19th ST .0 0 3 10 It) 50' 0 10 ~ :s: It) ~' ~ 132' 9 50' II f 50 -00 It) .~ 18th ~ 132 lO ~ N Co It) 00 ~ ~ ~ " 0 It) 50' 50' 43' 50' II II II II = -lO (\j lO ~- 50 I 18th .0 o It) 350' ST .g , 50 46.5! '46.5 1 = I ~ -~ EASEMENT sf!.r= A I 10 ~ It) -6~ -I 1'-- -II so' -46:-5' 46.~ - - - - --~ i ;- - - - - - - - - - :; \- I' )~ ~~ /L I / / ~'~ co It-- / /,,' ffi ~ ( /~. a ' " I~ I (~ ' , 3 Iw I I~ '" 1m , > < : ~ 'v IW ~ \" I ,.~ '.....501 1 '" : 1'') I L 2-L 182' _ I I I I r--- I I II II II 4 II ~ ~ ~ ~ ~ ~ Q:: V) 33' 33' !l:J · ~ CONYERS I ON I 11. = 0.3048 meters EXH I 8 IT "A" STREET IMPROVEMENT. DISTRICT NO. 940. CITY OF GRAND ISLAND, NEBR. ENGINEERING DEPARTMENT. I PLAT TO ACCOMPANY ORD.NO. , 6234. ' . , I SCALE:'''= 100' D.L.J. 12/6/77.(