08/05/2025 Ordinances 10,029 ORDINANCE NO 10,029
AN ORDINANCE TO AMEND VARIOUS PROVISIONS OF THE CITY OF GRAND ISLAND'S A
GOOD LIFE DISTRICT ECONOMIC DEVELOPMENT PROGRAM AS CODIFIED IN GRAND
ISLAND CITY CODE AS CHAPTER 38, ARTICLE II. TO AUTHORIZE ANY OTHER ACTIONS
NECESSARY TO IMPLEMENT THE PROGRAM,AND TO PROVIDE FOR PUBLICATION AND AN
EFFECTIVE DATE OF THIS ORDNANCE.
SECTION 1.Findings
THE CITY COUNCIL OF THE CITY OF GRAND ISLAND HEREBY FINDS THAT:
The City of Grand Island has adopted a Good Life District Economic Development Program and
has codified the same in Chapter 38,Article II of Grand Island City Code. This Program was adopted after
voter approval granted as the result of an August 13, 2024 special election.
The 2025 Nebraska Legislature passed legislation identified as LB707 which modified certain
portions of the Good Life District Transformational Projects Act and the Good Life District Economic
Development Act.
In furtherance of these obligations,the Grand Island City Council hereby adopts this Ordinance to
amend the prior Program Ordinance (the "Program Ordinance") to establish, modify, or update the terms
and provisions of the City's Good Life District Economic Development Program (the"Program").
38-12: Purpose and Acknowledgments
The Mayor and City Council having been so authorized by the voters of the City of Grand Island hereby
establish a Good Life District Economic Development Program as authorized by the Good Life District
Economic Development Act.
The purpose of this chapter is to effectuate and implement the voter authorized program which will fulfil
the purposes set forth in the Good Life District Economic Development Act("Act"), as may be amended
from time to time,within the boundaries of any approved Good Life District in the City of Grand Island.
The Program shall leverage the authorities contained in the Act, as may be amended from time to time, to
promote and develop the general and economic welfare of the City of Grand Island and the State of
Nebraska by providing support for unique and transformational projects that will strengthen our
community,grow our economy, and strengthen our retail, entertainment, and tourism industries.
The Program recognizes the ability to use transformational development to improve the economic well-
being of our citizens and our community through job creation, infrastructure, and other improvements that
attract and retain tourists and college graduates from around the state.
The Program will focus on transformational and unique projects that generate new economic activity,
expand the tax base and generate additional state and local taxes, create new economic opportunities,
housing and jobs for residents, and promote retail, entertainment, and dining attractions.
This Program shall remain in effect until June 5, 2054, or until terminated by the City as permitted by
Section 77-4412(7)of the Act,whichever occurs first.
The City of Grand Island, by passage of this Ordinance and establishment of the Program, recognizes the
promises made by the Nebraska Legislature in LB1317, as codified in Neb. Rev. Stat. §77-4429, that the
State of Nebraska has pledged that the State will not alter, impair, or limit the rights vested in the Act until
such time as any authorized bond,together with applicable interest, are fully met and discharged and such
contracts are fully performed in accordance with the Act, and the City acts in reliance on this assurance in
so establishing the Program.
38-13 Boundaries
The boundaries of the Good Life District Program Area are as follows:
BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LING OF
AIRPORT ROAD/ U.S. HIGHWAY 281, AND THE WEST RIGHT-OF-WAY LINE OF
BROADWELL AVENUE; THENCE SOUTH, ALONG SAID WEST RIGHT-OF-WAY LINE
OF BROADWELL AVENUE, TO THE INTERSECTION OF THE WEST RIGHT- OF-WAY
LINE OF BROADWELL AVENUE,AND THE SOUTH RIGHT-OF-WAY LINE OF THE BNSF
RAILWAY COMPANY, ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF OLD
HIGHWAY 2; THENCE NORTHWESTERLY,ALONG THE NORTH RIGHT-OF-WAY LINE
OF OLD HIGHWAY 2, TO THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE
OF OLD HIGHWAY 2, AND THE NORTHERLY EXTENSION OF THE EAST LINE OF
VETERANS LEGACY SOUTH SUBDIVISION; THENCE SOUTH TO THE NORTHEAST
CORNER OF LOT 5, VETERANS LEGACY SOUTH SUBDIVISION, SAID POINT ALSO
BEING ON THE SOUTH RIGHT OF WAY LINE OF OLD HIGHWAY 2; THENCE SOUTH,
ALONG THE EAST LINE OF THE VETERANS LEGACY SOUTH SUBDIVISION, TO THE
SOUTHEAST CORNER OF LOT 4, VETERANS LEGACY SOUTH SUBDIVISION, ALSO
BEING A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF CUSTER
AVENUE;THENCE SOUTH,TO AN EASTERLY CORNER OF LOT 3,VETERANS LEGACY
SECOND SUBDIVISION, SAID POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT-
OF- WAY LINE OF CUSTER AVENUE; THENCE NORTHWESTERLY, ALONG THE
NORTHEASTERLY LINE OF LOT 3,VETERANS LEGACY SECOND SUBDIVISION,ALSO
BEING THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF CUSTER AVENUE, TO THE
NORTHEAST CORNER OF LOT 3, VETERANS LEGACY SOUTH SUBDIVISION, ALSO
BEING THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF CUSTER AVENUE
AND THE SOUTH RIGHT-OF-WAY LINE OF SHERIDAN AVENUE; THENCE
SOUTHWESTERLY ALONG THE NORTH AND WEST LINES OF LOT 3, VETERANS
LEGACY SOUTH SUBDIVISION, ALSO BEING THE SOUTHEAST RIGHT-OF-WAY LINE
OF SHERIDAN AVENUE, TO THE SOUTHWEST CORNER OF SAID LOT 3, VETERANS
LEGACY SOUTH SUBDIVISION, ALSO BEING THE INTERSECTION OF THE NORTH
RIGHT-OF-WAY LINE OF CAPITAL AVENUE AND THE EAST RIGHT-OF-WAY LINE OF
SHERIDAN AVENUE; THENCE WEST, ALONG THE NORTH RIGHT-OF- WAY LINE OF
CAPITAL AVENUE, TO THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF
WEBB ROAD AND THE NORTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE; THENCE
SOUTH, ALONG THE WEST RIGHT-OF WAY LINE OF WEBB ROAD, TO THE
INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF 13TH STREET AND THE
WEST RIGHT-OF-WAY LINE OF WEBB ROAD; THENCE WEST, ALONG THE NORTH
RIGHT-OF-WAY LINE OF 13TH STREET,TO THE INTERSECTION OF THE NORTH RIGHT-
OF-WAY LINE OF 13TH STREET AND THE WEST LINE OF THE EAST HALF OF SECTION
12, TOWNSHIP 11 NORTH, RANGE 10 WEST; THENCE NORTH, ALONG SAID WEST
LINE OF THE EAST HALF OF SECTION 12,TOWNSHIP 11 NORTH,RANGE 10 WEST,TO
THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE AND
SAID WEST LINE OF THE EAST HALF OF SECTION 12, TOWNSHIP 11 NORTH, RANGE
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10 WEST; THENCE EAST, ALONG THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL
AVENUE, TO THE INTERSECTION OF THE WEST RIGHT-OF- WAY LINE OF WEBB
ROAD AND THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE; THENCE
NORTH, ALONG THE WEST RIGHT-OF-WAY LINE OF WEBB ROAD, TO THE
SOUTHEAST CORNER OF LOT 6,TIMBERLINE SECOND SUBDIVISION;THENCE EAST,
TO THE SOUTHEAST CORNER OF LOT 1, SCHUMANN SUBDIVISION;THENCE NORTH,
ALONG THE EAST LINE OF SCHUMANN SUBDIVISION TO THE SOUTHEAST CORNER
OF LOT 8, SCHUMANN SUBDIVISION; THENCE WEST, ALONG THE SOUTH LINE OF
SAID LOT 8, TO THE SOUTHWEST CORNER OF SAID LOT 8, SAID CORNER ALSO
BEING ON THE EAST RIGHT-OF-WAY LINE OF WEBB ROAD;THENCE NORTH,ALONG
THE WEST LINE OF SAID LOT 8, LINE ALSO BEING THE EAST RIGHT-OF-WAY LINE
OF WEBB ROAD, TO THE NORTHWEST CORNER OF SAID LOT 8; THENCE EAST,
ALONG THE NORTH LINE OF SAID LOT 8,TO THE SOUTHEAST CORNER OF SAID LOT
8; THENCE NORTH, ALONG THE EAST LINE OF SAID SCHUMANN SUBDIVISION, TO
THE NORTHEAST CORNER OF LOT 11,SCHUMANN SUBDIVISION,POINT ALSO BEING
THE SOUTHEAST CORNER OF LOT 6, LAWTON SUBDIVISION; THENCE NORTH,
ALONG THE EAST LINE OF SAID LAWTON SUBDIVISION, TO NORTHEAST CORNER
OF LOT 1,LAWTON SUBDIVISION,ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE
OF AIRPORT ROAD/U.S. HIGHWAY 281; THENCE EAST ALONG THE SOUTH RIGHT-
OF-WAY LINE OF AIRPORT ROAD/U.S.HIGHWAY 281, TO THE POINT OF BEGINNING.
The boundaries of the Good Life District shall not be reduced except upon request made to the State by the
City of Grand Island. In the event an application to reduce boundaries is made by any party other than the
City of Grand Island,the moving party shall no longer be considered eligible to apply for funds, or receive
funds,rights, or privileges under this Article of City Code.
38-14 Definitions
The following terms shall have the following meanings when used in Chapter 38, Article II (Sections 38-
12 through 38-22):
• Act shall have the same meaning as the Good Life District Economic Development Act
• Additional good life district retailer shall mean a for profit, as described in subdivision (8)(c) of this
section, retailer that opens a new location in a good life district, has retail space at the time the good
life district was established within the good life district or within forty miles of the district, and
maintains the new location within the good life district plus all locations existing at the time the good
life district was established within the good life district or within forty miles of the district for three
years from the date when the additional good life district retailer first located within the good life
district. If the number of locations within the good life district or within forty miles of the district falls
below the number required to be an additional good life district retailer but is at least equal to the
number that existed at the time the good life district was established within three years, such retailer
shall qualify as a relocated good life district retailer subject to the restrictions and requirements of
subdivision(14)of this section. The term includes a Related Person
• Applicant shall mean any applicant for Program Funds
• Bond has the same meaning as Neb. Rev. Stat. §10-134
• City shall mean the City of Grand Island
• Controlling property rights means, with respect to real estate in a good life district, the authority of a
good life district applicant or project area applicant to manage and control the development of real
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estate, including through direct ownership or through leasehold rights, joint ventures, purchase
contracts, restrictive covenants, or any other similar arrangement. Whenever such property rights do
not include direct ownership, the good life district applicant or project area applicant shall not be
considered to have controlling property rights unless such applicant has submitted to the department a
waiver and acknowledgment from the property owner that(a)the owner consents to his or her property
being included in the project area, (b)the owner acknowledges that the applicant or city, as applicable,
will have certain rights with respect to how local sources of revenue from the owner's property will be
spent or allocated, and(c)the owner is waiving any and all rights with respect to all such revenues for
the duration of the good life district and that such waiver will apply to all subsequent owners of the
property
• District shall have the same meaning as Good Life District
• Eligible Costs shall mean: payment and reimbursement of (a) the costs of acquisition, planning,
engineering, designing, financing, construction, improvement, rehabilitation, renewal, replacement,
repair, landscaping, irrigation, and maintenance of privately and publicly owned real estate, buildings,
improvements, fixtures, equipment, and other physical assets within the Good Life District and debt
service on such real estate,buildings, improvements,fixtures,equipment,and other physical assets,(b)
the costs of construction and acquisition of publicly owned infrastructure and publicly owned property
rights within or related to the Good Life District, (c) costs of and related to the public right-of-way,
including streets, signage, lighting, refuse services, and landscaping, (d) the costs of new technology
assets, including hardware, software, and related intellectual property, (e) the costs of marketing and
tenant improvement allowances, and(f)city costs related to implementing, operating, and funding the
Program. Eligible costs will not include expenses which may be considered non-revenue producing
under this Article or Neb.Rev. Stat. §77-4410(14)unless expressly allowed by Council by and through
an approved application and unless those expenses represent less than twenty-percent of any funds
received by and through that approved application and no portion of those costs have been provided for
through any other government issued or backed grant, loan,bond, or tax increment financing.
• Evidence of Commitments shall mean evidence of commitments from any source, provided in written
form acceptable to the City, so long as the evidence relates to any portion of the project described in
the application made to the State upon creation of the District, as amended or supplemented. Evidence
may be certified by the City prior to submission to the State.
• Fund shall have the same definition as Good Life District Program Fund.
• Good Life District Applicant shall mean the person who applied for the Good Life District as approved
by the Department of Economic Development, or any Related Person.
• Good Life District Economic Development Act shall mean the Act as in effect on August 13, 2024.
• Good Life District Economic Development Program means the good life district economic development
program established pursuant to Ordinance No. 9983 of the City pursuant to the Act, and codified in
Chapter 38, Article II, of the City Code, to utilize funds derived from local sources of revenue for the
purpose of paying eligible costs, and for paying the principal of and interest on bonds issued pursuant
to the Act.
• Good Life District Occupation Tax means the occupation tax as described in Section 38-16 of the City
Code.
• Good Life District Program Area means the area provided in Section 38-13 of the City Code,
established pursuant to the Act for the Program which shall include all property within the Good Life
District.
• Good Life District Program Fund means the fund established and described in Section 38-18 of the
City Code.
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• Good Life District Retailer means a retailer with taxable sales that is located in the Grand Island Good
Life District. The term includes an individual person.
• Good Life District shall mean the District established by the State of Nebraska within the City pursuant
to the Good Life Transformational Projects Act.
• Legislative Findings shall incorporate the findings made in Neb. Rev. Stat. §77-4409 as in place on
August 13, 2024, and shall include the findings of Council contained in Ordinance No: 9983.
• Local Sources of Revenue means the sources of revenue established for the Program,revenue generated
by and through the powers of the Act, and any revenue generated from grants, donations, or state and
federal funds received by the City for the Program, subject to any restrictions of the grantor, donor, or
state or federal law. Excepting that no property tax revenue generated within the District shall be
considered a Local Source of Revenue eligible for appropriation into the Program.
• New Business means(i)a new-to-market sales tax collecting business that was not legally licensed and
located within the good life district or within forty miles of the good life district prior to the creation of
such district and(ii) any Related Person.New business does not include the residential portion of any
business. New business does not include the location of any entity that for purposes of the Nebraska
Revenue Act of 1967 is either (A) not subject to sales and use taxes or (B) not subject to either an
income tax or a franchise tax under sections 77-3801 to 77-3807. It shall also include all other
definitions contained in Neb. Rev. Stat. 77-4403 as amended by LB707 (2025).
• New Development Costs means development costs that are incurred as part of a project located in a
good life district as approved by the Grand Island City Council via the processes set forth in Chapter
38,Article II of City Code.
• Nonrevenue Producing Costs means costs paid from the Fund for (a) construction or acquisition of
privately owned real and personal property which is not expected to generate local sources of revenue
for the Program through the use of such property in the operation of one or more businesses located in
the District or(b) operating expenses or other noncapital expenditures of a qualifying business which
is not a governmental entity.
• Occupation Tax shall mean a Good Life District Occupation Tax as established by the City of Grand
Island.
• Program Area shall have the same meaning as Good Life District Program Area
• Program shall have the same definition as Good Life District Economic Development Program.
• Project(s) shall mean any project within the boundaries of the District which is in compliance with the
Act and this Program except that project shall also include publicly owned infrastructure necessary to
support economic development within the boundaries of any approved District and shall not include
any ineligible project or project funded with resources which make it ineligible for Program funding.
• Qualing Business shall mean for purposes of making application for Program funds, any person,
entity,corporation,nonprofit corporation,partnership,limited liability company,or sole proprietorship
which owns or leases property or operates its business within the boundaries of the District;any person
or entity who, as part of their application, demonstrates a plan to own or lease property or operate its
business within the District; the person, corporation, or entity, who made an approved application
within the District; and the City of Grand Island; and any political subdivision, state agency, or other
governmental entity which includes any portion of an approved Good Life District within its territorial
boundaries.If a municipal,state,or federal license is required for the operation of a business,a business
shall only be considered a qualifying business if they have the required license and maintain that license
in good standing. Qualifying business also includes any Related Person as defined in Neb. Rev. Stat.
§77-4403.
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• Related Persons shall mean any corporations, partnerships, limited liability companies, or joint
ventures which are or would otherwise be members of the same unitary group, if incorporated, or any
persons who are considered to be related persons under either section 267(b)and(c) or section 707(b)
of the Internal Revenue Code of 1986, as amended.
• Relocated Good Life District Retailer shall mean(a)a retailer that relocates to the District and that has
less than one hundred thousand square feet of retail space at the time the District was established for
any single location that is outside of the District but located within forty miles of the District with no
location being equal to or greater than one hundred thousand square feet and (b) any Related Person.
After ten years from when the Relocated Good Life District Retailer first located within the District or
exceeded one hundred thousand square feet of retail space, such retailer shall no longer qualify as a
Relocated Good Life District retailer.
• Replacement Tax shall mean any tax imposed by the City designed to replace the portion of the State
Sales and Use Tax reduced by the Act within the boundaries of the District.
• Sales and Use Tax shall mean the Sales and Use Tax imposed by the State of Nebraska pursuant to the
Nebraska Revenue Act of 1967, as amended from time to time.
• State Sales Tax shall have the same meaning as Sales and Use Tax
• Termination shall mean termination of the Good Life District if the conditions set forth in Neb. Rev.
Stat. §77-4406, as in effect on August 13, 2024, are not demonstrated by the applicant, the City of
Grand Island, or any other person or if, through the passage of time, the District shall have ceased to
exist by operation of law.
• Viable Development shall mean the proposed development is demonstrated to be not inconsistent with
the statutory requirements of the District where the project is located as defined in Grand Island City
Code Chapter 38,Article II,the Good Life District Transformational Projects Act,as may be amended
from time to time, and/or the Good Life District Economic Development Program Act, as may be
amended from time to time.38-15 Taxation&Revenue,General
All Local Sources of Revenue established for or received for the Program, shall be deposited into the Good
Life District Economic Development Fund and may be appropriated and spent for eligible costs of the Good
Life District Economic Development Program in any amount and at any time at the discretion and direction
of the City Council.
Pursuant to Neb. Rev. Stat. 77-4412(2)(b),the City intends to exercise the right to use all available Local
Sources of Revenue available except that no property tax dollars shall be appropriated to the Program Fund.
All Local Sources of Revenue shall be appropriated by the City solely for Program purposes until the
Termination of the District.
The Nebraska Budget Act shall not apply this Program, any future Program, or any Local Sources of
Revenue dedicated to such Program.
The City of Grand Island is authorized to establish all sources of revenue authorized in the Act within the
Program Area, including,but not limited to,a Good Life District Occupation Tax,and/or any future options
for taxation which may become available within the Program Area.
The City of Grand Island shall consider all revenue collected directly by the State of Nebraska under its
authorities in Neb. Rev. Stat. §77-4413(2) et seq which is remitted, rebated, or refunded to the City,to be
a Local Source of Revenue for purposes of this program and the same shall be deposited into the Good Life
District Economic Development Fund.
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The City reserves the right to designate a portion of the City's local option Sales and Use Tax as a local
source of revenue, as authorized by Neb. Rev. Stat. §77-4413(3), in the future, but does not exercise this
right at this time.
The City may issue bonds as provided in Neb. Rev. Stat. §77-4418 to 77-4426 as it deems necessary from
time to time. Such bonds may be issued in such principal amounts as the City Council determines are
necessary to provide sufficient funds to carry out the Program or for any of the purposes of and powers
granted pursuant to the Act, including the payment of eligible costs and all other costs or expenses of the
City incident to and necessary or convenient to carry out the Program. Principal of and interest on such
bonds shall be payable from the Local Sources of Revenue dedicated to the Program and/or deposited into
the Fund.
Bonds issued or delivered under the Act shall be authorized by resolution of City Council and may be issued
and secured under a resolution,trust indenture, or other security instrument in one or more series, and shall
bear such date or dates,mature at such time or times prior to the expiration of the Program,bear interest at
such rate or rates, be in such denomination or denominations, bear such title and designation, be in such
form, either coupon or registered, carry such conversion or registration privileges, have such rank or
priority, be executed in such manner, be payable in such medium of payment and at such place or places,
and be subject to such terms of redemption, with or without premium, as such resolution, trust indenture,
or other security instrument may provide and without limitation by any other law limiting amounts,
maturities,interest rates,or redemption provisions.Any officer of the City authorized or designated to sign,
countersign, execute, or attest any bond may utilize a facsimile signature in lieu of his or her manual
signature. The bonds may be sold at public or private sale as provided by the City Council and at such price
or prices as determined or directed by the City Council.
Bonds issued or delivered under the Act may be issued for such combination of eligible costs and
redevelopment projects and other Program purposes and may be payable from Local Sources of Revenue
or such other sources as permitted under the Act, as may be provided in the resolution, trust indenture, or
other security instrument related to the bonds.The City may make any allocation or designation with respect
to the application of proceeds of such bonds,and any allocation or designation of Local Sources of Revenue
and other sources permitted under the Act to the repayment of such bonds, as determined in or pursuant to
such resolution,trust indenture, other security instrument, or other measure of the City Council.
In the event any officer whose signatures appear on any bonds issued under the Act cease to be officers
before the delivery of such obligations, such signatures shall nevertheless be valid and sufficient for all
purposes to the same extent as if such officers had remained in office until such delivery.
The City reserves all rights incidental to the issuance of its bonds. Specifically,the City reserves all rights
enumerated in Neb.Rev. Stat. §77-4402 to 77-4429 as operative on August 13,2024, including the right to
issue refunding bonds or to issue additional bonds for Program purposes as part of the same series of bonds.
All Bonds of the City issued pursuant the Act are declared to be issued for an essential public and
governmental purpose and, together with interest thereon and income therefrom, shall be exempt from all
taxes as provided in Neb. Rev. Stat. §77-4428.
Any tax or revenue authorized or imposed as part of the Good Life District Program, including the Good
Life District Occupation Tax, shall be in addition to all other forms of tax and shall be separate and apart
from any tax imposed pursuant to the Local Option Revenue Act. No Program tax shall be subject to
deduction for any refunds made pursuant to Neb. Rev. Stat. §77-4105, 77-4106, 77-5725 or 77-5726 and
shall not be affected by or included in the tax incentives available under the Employment and Investment
Growth Act, the Nebraska Advantage Act, the ImagiNE Nebraska Act, the Nebraska Advantage
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Transformational Tourism and Redevelopment Act, the Urban Redevelopment Act, or any other tax
incentive act which affects the local option tax imposed by a city pursuant to the Local Option Revenue
Act.
All Local Sources of Revenue shall remain in effect and shall not end or terminate until this Good Life
District Economic Development Program terminates except that the City reserves the right to limit the
duration of any imposed Good Life District Occupation Tax or portion of any local option sales and use tax
established pursuant to Neb. Rev. Stat. §77-27,142 as set forth in any authorizing ordinance.
The obligations of the City with respect to the Program, including any bonds issued or contracts of the City
entered into under the Act, shall not be a general obligation of the city or a pledge of its credit or taxing
power,nor in any event shall bonds or contracts be payable out of any funds or properties of the city,other
than the Local Sources of Revenue appropriated by the City and dedicated to the Program pursuant to the
Act and any other taxes pledged for payment of bonds pursuant to the Act.
Bonds issued under the act shall not constitute an indebtedness within the meaning of any constitutional or
statutory debt limitation or restriction. In no event should members of the City Council or any other City
employee or official involved in executing bonds issued under the Act, be liable personally on such bonds
by reason of the issuance thereof.
The City reserves the exclusive right to all revenue obtained from the Program and shall be authorized to
collect any available Local Source of Revenue through June 5, 2054, or until terminated by the City as
permitted by the Act,whichever occurs first.
In no event shall any Good Life District Program Fund revenue be used in a manner which may be
inconsistent with the Act,Neb. Rev. Stat. §77-4412, or other applicable state or local laws.
38-16 Good Life District Occupation Tax
From October 1,2024 to September 30, 2025 the City shall impose a Good Life District Occupation Tax
in the amount of 2. 75% on all establishments located within the Good Life District Program Area(38-
13), and/or any transactions occurring within the Good Life District Program Area which are subject to
State Sales and Use Tax . Council hereby finds, determines, and declares it is appropriate a tax be
imposed and said tax is authorized by the Good Life District Economic Development Act,the Program
Ordinance adopted by the City of Grand Island, and furthers the purposes required within the Act and
Program.
Said Good Life District Occupation Tax shall be imposed on all items which are subject to the Nebraska
State Sales and Use Tax("State Sales Tax") as defined in the Nebraska Revenue Act of 1967 as amended
from time to time.
All revenue derived from this Good Life District Occupation Tax shall be deposited into the Program Fund
established as part of the Good Life District Program Ordinance and shall be used for the purposes allowed
by that Fund.
All persons or entities engaged in any sales which would be subject to State Sales Tax shall collect this
occupation tax at a rate of 2.75% on sales subject to State Sales Tax. Itemization of this tax may be made,
but is not required, on the bill,receipt, or other invoice to the purchaser, but each person or entity engaged
in taxable sales shall remain liable for the tax imposed by this section.
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Each and every person or entity operating any establishment and/or making any transactions or sales
subject to State Sales and Use Tax,within the Program Area shall, starting October 1, 2024, and
continuing until September 30,2025 impose said tax; and every person or entity not located within the
Good Life District Program Area,but conducting transactions or sales subject to the State Sales and Use
Tax within the Good Life District Program Area,will have the authority to impose said Occupation Tax
effective October 1,2024 and must fully impose said Occupation Tax no later than November 1, 2024
and continuing until September 30, 2025.
The Finance Director shall, for purposes of this occupation tax, and other duties contained in Chapter 38,
Article II,have the same authorities and responsibilities as set forth in Grand Island City Code Chapter 23,
Section 72.
If any person or entity neglects or refuses to make a return of payment of the taxes as required by this
article,the Finance Director shall follow the provisions of Grand Island City Code Chapter 23, Sections 70,
71, 73, 74, and 76 for the collection of any taxes authorized herein. The Finance Director shall not have
authority to waive any penalties or interest which shall accrue due to failure to remit any owed tax or to
make prompt return.
38-17 Allocated Sales Tax
Starting on October 1,2025 the State of Nebraska shall allocate a portion of the State Sales Tax to Program.
This includes funds set forth in the Neb. Rev. Stat. §77-4410, §77-4413, and other related statutes. This
allocation shall be considered a Local Source of Revenue for purposes of this Article and shall be deposited
into the Program Fund and remains subject to recapture under Neb. Rev. Stat. §77-4406 unless otherwise
encumbered.
Pursuant to state law this allocation shall be performed by the State Tax Commissioner and will include
fifty percent(50%)of the State Sales Tax collected by a Good Life District Retailer that was not located in
the Good Life District at the time the District was established or expanded and is not a Relocated Good Life
District Retailer as defined in Neb.Rev. Stat. §77-4403 on transactions physically occurring in the District,
and fifty percent(50%)of the State Sales taxes collected in the District from businesses that were previously
located in the District at the time the District was established up to five million dollars per year
($5,000,000), and fifty percent(50%) of certain state sales taxes collected paid by the Good Life District
Applicant or a Good Life District Retailer on New Development Costs for a new business,additional Good
Life District Retailer,or Relocated Good Life District Retailer.Neb.Rev. Stat. §77-4413(2)includes certain
other exceptions, deviations, or modifications which may be amended from time to time.
The Tax Commissioner will provide to the City a detailed report with each such monthly remittance which
will include the information set forth in Neb. Rev. Stat. §77-4413(2)(e) however the City must maintain
that report as a confidential document and may only disclose the aggregate total of taxable sales and
remittance for the entire District.
38-18 Good Life District Program Fund
All revenue generated by any Local Source of Revenue which is appropriated or collected for this Program,
to include any allocated,remitted, or refunded portion of the State Sales Tax as set forth in the Act or 38-
17, and any earnings from the investment of such funds, shall be deposited into the Good Life District
Program Fund which shall be a restricted fund.
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The City is authorized to establish subaccounts in the Good Life District Program Fund as determined
appropriate.
Any funds in the Fund may only be appropriated and spent for eligible costs of the Program in any amount
and at any time at the discretion and direction of City Council, subject to any restrictions which may be
established in connection with the authorization and issuance of bonds or pursuant to other contractual
obligations as permitted by the Act.
All amounts deposited in the Fund which are not currently required or committed for purposes of the
Program shall be invested as provided for in Neb. Rev. Stat. §77-2341.
The City may pledge, grant, loan, or otherwise utilize any Local Sources of Revenue deposited into the
Fund for the payment of any bond indebtedness incurred by the City for purposes of the Program. The City
may disburse these funds,once appropriated or collected,only for Program purposes as set forth in Chapter
38, Article II of Grand Island City Code including the payment or reimbursement of Eligible Costs made
pursuant to any supplemental terms and conditions contained in a duly awarded contract. Disbursements
may be made to a qualifying business only upon receipt of evidence that such distribution is for the direct
payment or reimbursement of an Eligible Cost for work which has been completed in the Program Area
pursuant to an approved Application. In no event shall any Good Life District Program Fund revenue be
used in a manner which may be inconsistent with the Act or other applicable state or local laws.
The City of Grand Island shall charge a quarterly administrative fee to the Good Life District Program Fund
equivalent to 3% of the funds deposited with the Fund in the quarter preceding any disbursement. Each
quarterly fee shall be charged by the City to the Program Fund within 45 days of the close of each fiscal
quarter,and shall be paid prior to payment of any other Eligible Costs or debt service on bonds which may
be payable from the Fund. This quarterly fee shall be used to cover the City's internal administrative,
financial,and legal expenses related to the administration of this Program including the cost of publication
of any requests for proposals, meeting notices, or public hearings, and the cost of routine financial
management of the Program Fund by employed City personnel. This administrative fee will not cover, and
the City shall impose additional administrative charges against the Fund, for the cost of required
independent audits, infrastructure expenses, or outside professional services related to a particular project
or application, or any necessary contracted professional services or bond related expenses. For purposes of
Neb.Rev. Stat. §77-4406(4)the administrative fee shall be considered an encumbered amount immediately
upon the close of each fiscal quarter, whether or not the fee has been charged by the City to the Program
Fund.
Any proceeds from the issuance and sale of bonds pursuant to the Act which provide funds to carry out the
Program shall be deposited into the Fund or with a bond trustee pursuant to any resolution,trust indenture,
or other security instrument entered into in connection with the issuance of such bonds or as otherwise
provided in Neb. Rev. Stat. §77-4423.
When the Program terminates by expiration of time,or in the event the Program is repealed by Council,the
balance of money remaining in the Fund which are not otherwise pledged for the payment of bonds or
otherwise committed by contract under the Program, shall be deposited into the general fund of the City.
Any funds received by the City by reason of the Program, after the termination of the Program, shall be
transferred from the Fund to the general fund as such funds are received.
Notwithstanding anything to the contrary in the Act,any bonds,contracts,or other obligations which remain
outstanding or unpaid upon expiration of the Program on June 5, 2054, shall be deemed canceled and
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extinguished after all remaining amounts held in the Fund have been depleted to pay such bonds,contracts,
or other obligations, and the City shall have no continued liability, express or implied,with respect to such
bonds, contracts, or other obligations.
The Fund shall remain open after termination of the Program until such time as all bonds, contracts, and
other obligations payable from such Fund are no longer outstanding or are extinguished as provided in Neb.
Rev. Stat. §77-4418,and such funds related to them fully accounted for,with no further City action required,
and after the completion of a final audit pursuant to Neb. Rev. Stat. §77-4416.
The Fund shall be audited,annually,as required in Neb. Rev. Stat. 77-4416. Such audit shall be conducted
by a qualified independent accounting firm who does not have any current or prior contractual business
relationship with any qualifying business receiving funds or assistance under the Program.The costs of said
audit shall be paid from the Fund. The results of such audit shall be filed with the City Clerk and made
available for public review.
38-19 Applications to the Program Fund
Generally
Applications for assistance from the Good Life District Economic Development Program by Applicants
other than the City of Grand Island may occur by:
(1) Qualified Response to any City issued Request for Proposals seeking development proposals
within the District, or
(2) Direct Application for Program Funds made by a Qualified Business.
Direct Application Process
Direct Applications shall be made on a form to be developed by the City of Grand Island and will include
all contents, qualifications,and materials required herein.
Each submitted application shall be accompanied by a non-refundable application fee. These fees shall be
codified in the City's adopted Fee Schedule.Fees shall be based on the amount of Program Funds requested.
Should an applicant amend their request after making the initial application fee, they shall remit any
increased fee due and owing prior to their application being placed on the Council agenda.No refunds shall
be made for reduced requests.
Amount of Program Funds Requested Application Fee
Under$500,000 $2500
$500,000 to $1,500,000 $5000
$1,500,000 to $3,000,000 $7500
$3,000,000 to $5,000,000 $10,000
$5,000,000 to $10,000,000 $20,000
Over$10,000,000 $50,000
The Community Development Director, or their designee, shall be tasked with developing, implementing,
and maintaining,the necessary documentation and schedule for initial application review.This process,and
any required forms,will be made available and public on the City's website when developed.
Application materials shall be held in confidence as permitted by Neb.Rev. Stat. §77-4412(d)and shall not
be considered public records until such time as a final application packet is prepared for Council
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consideration by the Community Development Director . Once an applicant has authorized submission of
their reviewed application to City Council,the contents of the application packet presented to Council shall
no longer be held in confidence. In the event an applicant chooses to withdraw their application prior to
submission to City Council,all application materials provided by the applicant will be disregarded and will
remain confidential and shall not be a public record.Application materials provided by the applicant during
preliminary review,but not forwarded to Council by the City Administrator, shall remain confidential and
shall not be a public record.
At all stages the Community Development Director, or member of the Administrative Review Team, may
retain and use any outside consultants or experts deemed necessary to fulfill their obligations under this
Ordinance. This may include delegation of some, or all, of the pre-Council review phases or duties as may
be deemed appropriate from time to time.
The Application process will include at least the following steps,procedures, and requirements:
(1) A completed written application and required supporting materials shall be submitted to the
Community Development Director .
(2) The Community Development Director, or their designee, shall review the application to ensure it
is complete and includes all supporting materials.
(3) The application will undergo a preliminary, confidential, review by the Administrative Review
Team which shall include the following officials or their designee(s): City Administrator, the
Finance Director, the Community Development Director, the Public Works Director, the City
Attorney,and any other department heads the Community Development Director deems necessary.
The Administrative Review may be facilitated by the Community Development Director, or the
Director may use an outside consultant to provide that facilitation.
a. During the preliminary review, each member of the Administrative Review Team may:
i. Request supplemental materials or information from the Applicant.
ii. Make investigatory findings as to eligibility of the applicant and/or project.
iii. Make written recommendations to be forwarded to Council to include suggestions
as to schedule es,restrictions,conditions,compliance procedures or modifications
necessary.
b. The Community Development Director,or designee,will coordinate all requests, findings,
and recommendations and will prepare a final report of the Team to be included in the
Application Packet.
c. The Community Development Director will cause an Application Packet to be prepared
which will include all Application materials, supplemental materials, and findings and
recommendations of the Administrative Review Team.
(4) Upon the conclusion of the preliminary review by the Administrative Review Team the Community
Development Director will meet in consultation with the application to provide the applicant with
the opportunity to:
a. Review the Application Packet prepared for forwarding to City Council for their approval,
and/or
b. Present the Applicant with suggested modifications or changes recommended by the
Administrative Review Team and permit the Applicant the ability to modify their proposal
for no additional application fee subject to a deadline to be established by the Community
Development Director, and/or
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c. To notify the Applicant that the Administrative Review Team intends to recommend denial
of the application and to provide the Applicant the opportunity to withdraw their
application, and/or
d. To provide an opportunity for the Applicant to Withdraw their application from
consideration by Council for any reason, or no reason at all.
(5) Once this consultation has occurred, the Community Development Director shall cause a final
Application Packet to be prepared for Council's consideration which shall include all application
materials submitted, recommendations by the Administrative Review Team, and any other
materials members of the Administrative Review Team or Applicant deem necessary.
(6) The Applicant shall be entitled to notice that the Administrative Review Process has been
completed, notice of the date and time of the City Council meeting at which their application will
be considered, and notice that upon submission of their application to City Council all contents of
their application shall become public record except for redactions necessary to shield confidential
information such as dates of birth, social security numbers, banking/routing information, or items
which include information that may jeopardize public safety like the location of critical
infrastructure, security features of buildings, or other safety items which serve no public purpose
by their release.
(7) City Council shall consider all Applications submitted to them during their regular meetings or a
special meeting called for the purpose of application review.
(8) After consideration of a properly presented application Council shall pass a resolution reflecting
required findings and a determination that an application be approved as submitted, approved
subject to restrictions or modifications, rejected with instructions for resubmission directly to
Council, or rejected outright.
(9) In addition to their approval, Council shall designate in their resolution whether they are:
a. Authorizing the Mayor to sign any agreements, contracts, or other legal documents
submitted by the Applicant, and/or
b. Authorizing the City Attorney in consultation with the Community Development Director
or other members of the Administrative Review Team to negotiate terms of any
agreements, contracts, or other legal documents consistent with the Application for the
Mayor's signature without further action by Council, and/or
c. Will require the applicant to present all proposed agreements, contracts, or other legal
documents consistent with the Application for Council review and future approval.
Applicant Qualifications
An Applicant for Program Funds other than the City of Grand Island must be a qualified applicant. To be a
qualified applicant the person, entity, or group of persons and entities must:
(1) Be a Qualified Business.
(2) Have, or be able to obtain, minimal insurance coverage which names the City of Grand Island as
an additional insured.
(3) Be able to obtain a performance bond in an amount sufficient to guarantee performance of all
deliverables for which any Program Funds are requested.
(4) Be committed to legal compliance and must be able to certify that they will conduct all operations
consistent with all required local, state, and federal laws.
(5) May not have been debarred, disqualified, or otherwise restricted from participation in any public
project within ten(10)years preceding the application.
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(6) For payment of Eligible Costs which are improvements to or related to real property, provide: (1)
proof of ownership in property for which program funds would be expended; and/or (2) an
exclusive interest in property that can be enforced and encumbered by restriction for a period of
not less than 30 years; and/or(3)evidence that any improvements proposed on public property are
designed in accordance with relevant industry standards;and/or(4)authorization from all involved
property owners for submission of an application and consent for negotiated encumbrance of the
property for a period of not less than 30 years.
Application Contents
The Community Development Director shall develop an application form or guidance documents to include
these documents or their equivalents.In the event an application is determined to be incomplete,or missing
any supporting materials, at any stage in review the Community Development Director, or designee, will
provide written notice of any deficiencies or missing materials and will establish a deadline of no less than
7 days from notice in which the Applicant may provide the same.
In the event an Applicant fails or declines to cure any deficiencies or provide missing materials within the
established deadline their application shall be administratively closed by the Community Development
Director.An administratively closed application may be reopened for review within 90 days of the missed
deadline if defects are cured. After 90 days has elapsed a new application must be filed, including the
payment of a new application fee.
Applications should include:
(1) Supporting documentation to demonstrate the application is made by a qualified applicant.
(2)A Project proposal which shall include, at a minimum:
a. A concise written summary of the project.
b. The total cost of the proposed project and a summary of the financial structure proposed.
c. A developer capital stack for the project prepared by an attorney or financing professional
which includes documentation of commitments for financing of the project.
d. A summary of the request for Program Funds including the amount of funding,a proposed
disbursement schedule, and whether the request is for payment of project expenses or
reimbursement after project completion.
(3)For each request for Program Funds, applicant shall provide written support highlighting how use
of the proposed Program Funds exemplifies the Program purposes and goals and outlining why this
request should receive funding priority.
(4)For each request for Program Funds,the applicant shall include a developer gap analysis detailing
the necessity for the City to provide incentives for the project from Program Funds. This gap
analysis should highlight what benefit or return on investment use of Program Funds would provide
to the Program that would not exist but for the use of Program Funds, any"but for"analysis which
supports that the project benefits would not occur or would be substantially delayed but for use of
the Fund.
(5)A draft site plan to include visual site plans, studies, surveys, or other documents.
(6)An estimate of the number of new permanent jobs created within the project.
(7)An estimate of the number of temporary, seasonal, or construction related jobs created within the
project.
(8)A list of all occupied structures to be built; to include the type of structure, approximate square
footage, and proposed use.
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(9)Developer governance documents for each involved developer or sub-developer. If applicable,
corporate structure charts showing equity ownership for the project, developer, or landowners.
(10)Projected annual sales estimated for development within the project to include the following
details: annual estimated taxable sales, annual estimated non-taxable sales, percentage of taxable
sales estimated to be made to out-of-state residents.
(11)Projected annual out-of-state visitors to project.
(12) Supporting documentation for any estimates used in support of sales, visitor, or jobs projections.
(13)Documentation of land acquisition or executed contracts supporting acquisition for such land.
(14)Any purchase agreements, sale agreements, leases, memorandums of understanding, or other
commitment documents from businesses described in the site plan or who intend to occupy any
buildings included in the list of occupied structures.
(15)Pro forma documents for any hospitality, leisure, recreational, or athletic-related business
described in the site plan or who intend to occupy any buildings included in the list of occupied
structures.
(16)Proposals for contracts, agreements, deed restrictions, or other encumbrances which provide
assurances to the City that the project will be executed to completion or will be sufficiently
encumbered so as to leave the City with a demonstrable return on investment should the project fail
to be completed.
(17)A summary of any annexations,rezoning actions,or blight studies which are or may be necessary
for the project, including a proposed schedule for all preliminary actions which must occur prior to
distribution of Program Funds.
(18)Identification of any professionals, consultants, or third parties which may be needed to assist the
City or Applicant in the development of the proposed project for whom the applicant is requesting
payment or reimbursement of expenses from the Program Fund.
(19)Either: (1)An affidavit confirming that no tax increment financing is,or will be requested, as part
of the Project so long as Program Funds are expended or (2) A summary of what tax increment
financing is,or may be,requested as part of the project,and a draft of any proposed Redevelopment
Plan pursuant to the Nebraska Community Development Law, if tax increment financing is
requested for any part of the Project, and a cost-benefit study which includes and incorporates any
requested Program Funds.
a. Note that any application for Project Funds is not, and will not be, considered as an
applicant for tax increment financing but is merely required as an aid to the City in
evaluating the range and scope of incentives requested.
(20)Applicant will include clear and concise statements detailing how their project fits the Program
Goals listed below,if applicable:
a. How does the proposed project promote the goals and purposes contained in the Good Life
District Transformational Projects Act and Chapter 38, Article II of Grand Island City
Code?
b. What makes this project unique and transformational as opposed to normal or routine
economic development and growth?
c. How does the project expand the tax base within the Program Area?
d. Does the project demonstrate an ability to generate additional Local Sources of Revenue
in an amount equal to, or greater than,the requested initial grant of Program Funds?
e. What impacts will the project have on the provision of public services to include police,
fire, schools, and public works?
f. How will this project draw visitors from outside the State of Nebraska?
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g. Does this project fill an identified gap in available resources in the City of Grand Island?
If so,how?
(21)Per Neb. Rev. Stat. 77-4412(e):
a. The Applicant will provide adequate documentation to demonstrate the existence of
sufficient infrastructure to serve the program area; or how such infrastructure will be
created, funded, and maintained by and through the proposed Project.
b. The Applicant will provide required data showing that sufficient capital investment in
buildings and facilities exist to generate enough Local Sources of Revenue to Sustain the
Program.
c. The Applicant will provide sufficient assurances that substantially all of the eligible costs
will be used for the benefit of the Program Area.
(22) Certification that the application does not include a request for costs which may be considered
Nonrevenue Producing as defined in 38-14; or if the applicant is seeking consideration by Council
for certain costs to be considered Eligible Costs, applicant will provide:
a. Detailed itemization of all potential Nonrevenue Producing eligible costs which applicant
is seeking and documentation to include:
1. Evidentiary support establishing that the costs are otherwise Eligible
Costs.
2. Materials supporting the applicants request to use Program Funds as
opposed to other funding sources available to the applicant.
3. Evidence that the payment of these expenses will create an indirect return
on investment resulting in the generation of more Program Funds than are
received to fund these otherwise ineligible expenses.
4. A proposed Program Fund distribution schedule that ensures that Eligible
Costs are prioritized before Nonrevenue Producing Costs would be
distributed.
Notwithstanding the foregoing, if the Good Life District Applicant is an Applicant for funding from the
Program,the Good Life District Applicant shall not be required to submit any additional information about
the business structure, business entity, or historical business information of the entity which is the Good
Life District Applicant than what was included in the original application to the Nebraska Department of
Economic Development for establishing the Good Life District.
City Applications
City Administration may present proposals for the City's use of the Program Fund directly to City Council
who may grant approval of any presented proposal so long as the use of funds is for Eligible Costs. Such
uses may occur within the Program Area which serve the goals and purposes of the Program, provides
infrastructure in support of growth within the Program Area or is otherwise related to the Program Area,or
other permitted Eligible Costs.
City Administration may make application to City Council for the ability to use or pledge Program Funds
in conjunction with the issuance of any bonds authorized under this Program.
No fee shall be charged for requests made by the City, processed in response to a City-issued request for
development proposal, or in furtherance of the issuance or processing of authorized bonds made by the
City.
Limitations on Eligible Costs
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The City specifically authorizes all defined types of Eligible Costs contained in 38-14 City; however
Council reserves the right to limit, on a per-application basis,the amounts or types of Eligible Costs as are
determined to be in the best interest of the City and the Program, including per-project maximums or
maximum portions of project expenses eligible for funding by the Program.
Any costs which must be considered "New Development Costs" pursuant to law must qualify within the
meaning of said statute. Specifically those costs must be incurred as part of the project located in the
District,must be equal to the construction and improvement costs of real property and the acquisition costs
of personal property that are part of such project including(1)Improvements to real property located in the
District, (2)New construction of and additions to existing buildings, (3) Construction and acquisition of
infrastructure improvements in and related to the District, and/or (4) Acquisition of personal property
located in the District.
The following shall not be considered a "New Development Cost": (1) The acquisition of a business that
(a) does not qualify as a new business, (b) is continued by the purchaser, and (c)was operated within the
District, or within forty miles of the District, during the three hundred sixty-six days prior to the date of
acquisition.
Further Considerations
City Council shall specifically consider,when reviewing applications:
(1) Whether there is sufficient existing infrastructure to serve the Program Area with the addition of
this Project; or whether this Project creates the required infrastructure.
(2) Whether any proposed or necessary infrastructure is adequately constructed and funded by and
through the proposed Project.
(3) Whether the proposed Project includes sufficient capital investment in buildings and facilities to
generate enough Local Sources of Revenue to sustain the Program.
(4) Whether the proposed Project provides sufficient guarantee that substantially all of the Eligible
Costs will be used for the benefit of the Program Area.
38-20 Compliance,Modifications,and Program Restrictions
No Projects shall be eligible if the project includes a licensed racetrack enclosure or an authorized gaming
operator as such terms are defined in Neb. Rev. Stat. §9-1103, except for infrastructure or facilities that are
publicly owned or are used by or at the direction of the Nebraska State Fair Board, so long as no gaming
devices or games of chance are expected to be operated by an authorized gaming operator within any such
facilities;
No Projects shall be eligible if the project received funds pursuant to the Shovel-Ready Capital Recovery
and Investment Act or the Economic Recovery Act.
No Project shall be eligible if the project includes any portion of a public or private university.
Pursuant to the Act and, Chapter 38, Article II of the Grand Island City Code shall serve as notice to the
Department of Economic Development that the City intends to fully preserve its right to pledge any or all
local sources of revenue for the payment of bonds issued pursuant to the Good Life District Economic
Development Act and that the City believes removal of any property from the boundaries of an approved
Good Life District would not be in the best interest of the City,would be contrary to the goals and purposes
of the approved application for the Good Life District,and would jeopardize the City's ability to honor the
voter's directive that transformational growth be pursued as allowed by the Act.
17
Should City Council identify parcel(s) of land which are appropriate for removal from the District it may
pass a resolution determining that said removal is in the best interest of the City by a two-thirds vote of its
Members.
As the City of Grand Island and its citizens have relied on the local sources of revenue needed to fund this
Program, any property owner, applicant, or other entity, other than the City of Grand Island, wishing to
remove property from the District as approved shall be responsible for all costs and expenses incurred by
the City of Grand Island including all administrative and legal expenses,the cost of removing or modifying
any infrastructure funded in whole or in part by the Program,the cost of any necessary bond refinancing,
shall secure the consent of the City Council prior filing an amended map with the State, and shall remain
obligated to impose and collect the Good Life District Occupation Tax,or any other source of local revenue
including any allocated tax,so long as the subject property would have been within the approved boundaries
of the District but for the modification of the District as approved. Should any costs be so attributed, the
City Council shall certify the amount due and owed each quarter and shall cause the same to be levied as
an assessment against any real property and may pursue other legal actions as needed to enforce this section.
Demonstration to the State of Nebraska that the required new development costs have been met will include
demonstration made by evidence submitted by the District applicant or the City of Grand Island, or any
other person who submits satisfactory evidence to the Department of Economic Development.
The Good Life District Applicant, or any other recipient of allocated sales taxes or reduced sales taxes, or
of any Program Funds must submit an annual report to the State pursuant to Neb. Rev. Stat. §77-4405(13)
and containing the same information as required for an applicant under §77-4405(4) et seq no later than
December 31 of each year that the good life district is in existence. This report must also be submitted to
the City of Grand Island.Persons or entities who sell or transfer property subject to this reporting obligation
must transfer this reporting obligation with the property.
The Good Life District Applicant, and all persons or entities receiving Good Life District Funds or other
financial assistance under this Program shall certify to the City of Grand Island annually the amount they
have committed for investment within the District and the amount they have actually expended.This sworn
certification shall be due no later than October 31'of each year.This certification shall include all Evidence
of Commitments or expenditures since the later of the creation of the District or the last submitted annual
report. This report shall include all evidence reasonably available to substantiate these amounts. Evidence
may include proof of actual expenditures,executed contracts,promissory notes,or other reliable,verifiable,
or certified evidence. Any person or entity failing to make said sworn certification or failing to provide
sufficient evidence of expenditures or commitments shall be ineligible to receive additional Program funds
and will be considered in breach of any funding agreements. The Good Life District Applicant, any related
parties, and/or any party to which the Applicant has assigned, sold, or transferred its rights or obligations,
must provide this certification whether or not funds are received by the Applicant or related parties.
The City may,at the request of the Good Life District Applicant,or on its own initiative,certify the evidence
of commitments and expenditures as set forth in Neb. Rev. Stat §77-4406(2) and Grand Island City Code
§38-21 and remit the same to the State. Such certification must be supported by sufficient evidence and
Council may compel the production of any evidence it reasonably believes may be available or necessary
to make said certification.
The City shall be authorized to pass any actions necessary to impose and enforce any Local Sources of
Revenue as needed to develop and fund the Program Fund.
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38-21 Amendment or Repeal of the Program Ordinance
City Council reserves the right to amend the authorizing Ordinance and this Chapter of City Code at any
time by a two-thirds vote of the members of Council.
City Council may repeal this ordinance in its entirety, subject only to the provisions of any outstanding
bonds or existing contracts relating to such program and the rights of any third parties arising from such
bonds or contracts. Any effort to repeal the Program Ordinance must be approved by a two-thirds vote of
the members of Council.
38-22 Reservation of Governance Rights and Effect of Other Laws
The City retains the express authority to issue bonds, enter into contracts, or incur other obligations as
allowed by the Act subject only to the approval of City Council.
As set forth in Neb. Rev. Stat. §77-4426, no consent of any department, division, commission, board,
bureau, or instrumentality of the State is required and no other proceedings or happenings, or any other
conditions or things than those actions required by Council shall be required. The validity of and security
for any bonds, contract, or other obligations shall not be affected by the existence or nonexistence of any
such consent or other proceedings, conditions,or things.No other proceedings except those required under
this Program shall be required.No other laws shall apply to bonds, contracts, or other obligations issued or
entered into pursuant to the Good Life District Economic Development Act.
Pursuant to Neb. Rev. Stat. §77-4427, In any suit, action, or proceeding involving the validity or
enforceability of any bonds, contract, or agreement of a city pursuant to the Good Life District Economic
Development Act, or the security therefore,brought after the lapse of thirty days after the authorization by
the City Council for the issuance of such bonds or entry into such contract or agreement, any such bond,
contract or agreement, and the security therefore and provisions therein, reciting in substance that it has
been authorized by the city pursuant to the Good Life District Economic Development Act or to provide
financing for a Good Life District Economic Development Program shall be conclusively deemed to have
been authorized for such purpose and such bonds, contracts, or agreement, and security therefore and
provisions therein, issued or delivered pursuant to such authorization shall be conclusively deemed to have
been issued, entered into, provided, and carried out in accordance and compliance with the purposes and
provisions of the Good Life District Economic Development Act, and deemed to be valid and binding
obligations and agreements of the city for the duration of the term of such obligations and agreements as
provided therein.
All State actions brought pursuant to the Program shall be brought in the District Court of Hall County,
Nebraska.All Federal actions shall be brought in the District of Nebraska.
All applicants for Projects or Program Funds which involve one or more persons, entities, or owners shall
waive its right to bring any cause of action related to the Program or any Program Project or any contract
for Funds except for those causes of action filed jointly by all impacted persons, entities, or owners other
than the City of Grand Island. In the event an action is filed with the consent of all involved parties other
than the City of Grand Island, while said cause of action is pending no additional appropriation or
distribution of Program Funds or any other public financing authorized by the Act,or as part of any project
approval, shall be made until such time as said cause of action is resolved and all applicable appeal times
have lapsed. Any appropriations or distributions which would have been made between the filing of said
cause of action and the expiration of any opportunity to appeal shall be deemed waived by the applicant for
Funds.
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If any provisions of the Act are inconsistent with the provisions of any other law of the State of Nebraska,
or ordinance of the City of Grand Island,the provisions of the Act shall be controlling.
The powers conferred to the City by the Good Life District Economic Development Act shall be in addition
and supplemental to the powers conferred by any other law of Nebraska, including,without limitation,the
Local Option Revenue Act, the Community Development Law, the Local Option Municipal Economic
Development Act, and the Good Life Transformational Projects Act.
The Good Life District Economic Development Act and all grants of power,authority,rights,or discretion
to a city under the act shall be liberally construed, and all incidental powers necessary to carry the act into
effect are hereby expressly granted to and conferred upon a city. Nothing in this Program or the Act shall
be construed to limit the existing statutory authority of the City of Grand Island.
SECTION 5.Effective Date
All provisions of this ordinance shall be in force and take effect immediately upon its passage and
publication pursuant to law.
Enacted: August 5, 2025
Rog G. Steele,Mayor
Attes • '
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Jill Granere, City Clerk Ir v:'`A. ��cpRPOR 7 ��A 2��
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