38-20   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 Neb. Rev. Stat. § 77-4405(7)(b), 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.
   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 modify the District as approved, including adding or removing real estate from the District, 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, and shall remain obligated to impose and collect the Good Life District Occupation 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.
   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 January 15th of each year. Any person or entity failing to make said sworn certification shall be ineligible to receive additional Program funds and will be considered in breach of any funding agreements.
   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.
(Added by Ord. No. 9983, effective 09-03-2024)