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All trade secrets, academic and scientific research work which is in progress and unpublished or other proprietary or commercial information of a qualifying business participating in the Economic Development Program of the city which if released would give advantage to business competitors and serve no public purpose shall be confidential. Members of the citizen advisory review committee, in their capacity as members and consistent with their responsibilities as members, may be permitted access to business information received by the city in the course of its administration of the economic development program, which information would otherwise be confidential under Section 84-712.05 or by agreement with a qualifying business participating in the economic development program. The mayor and city council shall designate by resolution other persons who are authorized to have access to such confidential business information.
The unauthorized disclosure of any business information which is confidential under Neb. Rev. Stat. 84-712.05 by any person who knowingly releases such confidential information other than to persons who are authorized to have access to such information in accordance with the provisions of this section shall be guilty of a Class III misdemeanor and upon conviction or being found guilty, shall be subject to a maximum imprisonment of three months in the county jail or a fine of five hundred dollars ($500.00), or both.
(Chapter 38 moved from Chapter 2 by Ordinance No. 9039, effective 04-12-2006)
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)
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, the future option to levy a local option sales and use tax of up to the greater of (i) the difference between the state sales tax rate levied in general and the state sales tax rate levied on transactions occurring within a good life district or (ii) two and three-quarters percent upon the same transactions that are sourced under the provisions of Neb. Rev. Stat. §§ 77-2703.01 to 77-2703.04 within the District on which the State of Nebraska is authorized to impose a tax pursuant to the Nebraska Revenue Act of 1967, as amended from time to time and/or any future options for taxation which may become available within the Program Area.
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 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 Neb. Rev. Stat. § 77-4412(7), whichever occurs first.
(Added by Ord. No. 9983, effective 09-03-2024)
From October 1, 2024 to May 31, 2054 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). 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.
Each and every person or entity operating any establishment within the Program Area shall, starting October 1, 2024, and continuing until May 31, 2054 impose said tax. They shall also make, every calendar month thereafter, a return on a form prescribed by the Finance Director, a return for the taxable calendar month preceding and shall, at the same time, pay to the Finance Director the tax herein imposed. All returns shall be made no later than the 25th day of each month. Returns remitted via the United States Postal Service shall be postmarked by the 25th day of the month to be considered an on-time filing.
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.
(Added by Ord. No. 9983, effective 09-03-2024)
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