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38-12 Purpose and Acknowledgments
38-13 Boundaries
38-14 Definitions
38-15 Taxation and Revenue, General
38-16 Good Life District Occupation Tax
38-17 Reserved
38-18 Good Life District Program Fund
38-19 Applications to the Program Fund
38-20 Compliance, Modifications, and Program Restrictions
38-21 Amendment or Repeal of the Program Ordinance
38-22 Reservation of Governance Rights and Effect of Other Laws
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”) 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 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 Neb. Rev. Stat. § 77-4412(7), whichever occurs first.
The City of Grand Island, by passage of this Article 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.
(Added by Ord. No. 9983, effective 09-03-2024)
The initial boundaries of the Good Life District Program Area are as follows:
BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE 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 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 Program Area shall be expanded to include any area annexed by the City which is within the established Good Life District and any land within the boundaries of any District, or District expansion, approved by the State of Nebraska Department of Economic Development.
(Added by Ord. No. 9983, effective 09-03-2024)
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.
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.
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) the costs of development, acquisition, maintenance, and enhancement of technology assets to include hardware, software, and related intellectual property, if the initial exclusive use of such property is in or related to the Good Life District Program Area, (d) the costs of marketing, tenant improvement allowances, and tenant and customer acquisition and retention, and (e) city costs related to implementing, operating, and funding the Program.
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.
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, and expanded as provided in such Section 38-13.
Good Life District Program Fund means the fund established and described in Section 38-18 of the City Code.
Good Life District shall mean the District established by the State of Nebraska within the City pursuant to the Good Life Transformational Projects Act and shall include any land added to the District by the State of Nebraska after its initial approval, as authorized by the 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.
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.
Qualifying 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.
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.
(Added by Ord. No. 9983, effective 09-03-2024)
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