[Ord. 96-625]
The "Hilltop Self-Supporting Municipal Improvement District" (hereinafter referred to as the "Hilltop SSMID") is hereby established and created in accordance with Chapter 386 of the Code of Iowa (hereinafter referred to as the "Act"), the purposes of which shall include, but not be limited to, undertaking actions, design or construction, operation and maintenance of any and all improvements or self-liquidating improvements authorized pursuant to the Act, and for the performance, administration, redevelopment and revitalization of the proposed Hilltop SSMID.
[Ord. 96-625]
The Hilltop SSMID shall be comprised only of contiguous property within the City of Davenport and within the district described below which is zoned for commercial or industrial uses and property within a duly designated historic district, specifically excluding property assessed as residential property for property tax purposes, unless the residential property is within a duly designated historic district; and that the description of property within the Hilltop SSMID is as follows: Commencing at the southwest corner of Lot 3 of Block 33 of the Original Town of Davenport, which is the point of beginning; thence northerly along the westerly line of said Lot 3 and Lot 6 of said Block 33 to the southeast corner of Parcel #G0054-09; thence northerly along said easterly line of Parcel #G0054-09 to the southeast corner of Lot 10 of Block 1 of C.S. Watkins' Replat of McIntosh's 2nd Addition; thence northerly along the easterly line of said Lot 10 and Lots 9, 8, 7, and 6 of said Block 1 to the northeast corner of said Lot 6; thence northwesterly to the southeast corner of Lot 10 of Block 2 of Joseph Motie's Addition; thence northerly along the westerly right-of-way line of the public alley to the southeast corner of Lot 7 of Block 6 of McIntosh's 2nd Addition; thence westerly along the southerly line of said Lot 7 for 75 feet; thence northerly 128 feet to a point along the northerly line of Lot 6 of said Block 6 that is 75 feet west of the northeast corner of said Lot 6; thence easterly along the northerly line of said Lot 6 to the northeast corner of said Lot 6; thence northerly along the westerly right-of-way line of the public alley to the southerly right-of-way line of Locust Street; thence northwesterly to the southwest corner of Lot 2 of Block 1 of Noel's 2nd Addition; thence northerly along the westerly line of said Lot 2 to the northwest corner of said Lot 2; thence easterly along the southerly right-of-way line of the public alley to the easterly right-of-way line of Brady Street; thence southerly along the easterly right- of-way line of Brady Street to the northerly right- of-way line of Locust Street; thence easterly along the northerly right-of-way line of Locust Street to a point 255 feet east of the intersection with the northerly right-of-way line of Locust Street and the easterly right-of-way line of Brady Street; thence southerly along the easterly line of Lot 4 of Block 1 of James McIntosh's Addition to the southeast corner of said Lot 4; thence westerly along the southerly line of said Lot 4 and Lot 5 of said Block 1 to a point 33 feet east of the northwest corner of Lot 8 of said Block 1; thence southerly 109 feet to a point on the southerly line of said Lot 8 which is 33 feet east of the southwest corner of said Lot 8; thence easterly along the southerly line of said Lot 8 to the southeast corner of said Lot 8; thence southerly 60 feet to the northeast corner of Lot 5 of Block 6 of James McIntosh's Addition; thence continuing southerly along the easterly line of said Lot 5 to the northwest corner of Lot 9 of said Block 6; thence easterly along the northerly line of said Lot 9 to the northeast corner of said Lot 9; thence southerly along the easterly line of said Lot 9 to the southwest corner of Lot 10 of said Block 6; thence easterly along the southerly line of said Lot 10 to the intersection with the westerly right-of-way line of Perry Street; thence southerly along the westerly right-of-way line of Perry Street to the southeast corner of Lot 6 of Block 115 of LeClaire's Eighth Addition; thence westerly along the southerly line of said Lot 6 to the southwest corner of said Lot 6; thence southerly along the easterly right-of-way line of the public alley to the intersection with the northerly right-of-way line of vacated 10th Street; thence continuing southerly 40 feet to the intersection with the northerly line of Out Lot 18 of LeClaire's Out Lots; thence continuing southerly along the easterly right-of-way line of said vacated public alley to the intersection with a point which is 121 feet (plus or minus) west of the westerly right-of-way line of Perry Street and a point which is 141 feet north of the northerly line of Lot 1 of Out Lot 17 of LeClaire's Out Lots; thence continuing southerly 141 feet to the intersection with a point which is 121 feet (plus or minus) west of the westerly right-of-way line of Perry Street and along the northerly line of said Out Lot 17, thence easterly along the northerly line of Lot 1 of Out Lot 17 of LeClaire's Out Lots 21 feet (plus or minus) to the northeast corner of said Lot 1; thence southerly along the easterly line of said Lot 1 to the southeast corner of said Lot 1; thence continuing southerly 50 feet to the intersection with a point which is 100 feet (plus or minus) west of the westerly right-of-way line of Perry Street and along the southerly line of Lot 3 of said Out Lot 17; thence westerly along the southerly line of said Lot 3 60 feet to the intersection with a point which is 160 feet west of the westerly right-of-way line of Perry Street and along the southerly line of said Lot 3; thence southerly to the intersection with a point which is 160 feet west of the westerly right-of-way line of Perry Street and along the northerly right-of-way line of 7th Street; thence easterly along the northerly right-of-way line of 7th Street for 32 feet; thence southerly 66 feet to the northeast corner of Lot 8 of Block 51 of LeClaire's 2nd Addition; thence continuing southerly along the easterly line of said Lot 8 and Lot 3 of said Block 51 to the southeast corner of said Lot 3; thence westerly along the northerly right-of-way line of 6th Street to the southwest corner of Lot 4 of Block 50 of LeClaire's 2nd Addition; thence northerly along the westerly line of said Lot 4 to the northwest corner of said Lot 4; thence westerly along the northerly line of Lots 3 and 2 of said Block 50 to the northwest corner of said Lot 2; thence northerly 20 feet to the southwest corner of Lot 9 of said Block 50; thence northerly along the westerly line of said Lot 9 extended to the northerly right-of-way line of 7th Street; thence easterly along said northerly ROW line to the intersection with the westerly right-of-way line of the public alley in Out Lot 16 of LeClaire's Out Lots; thence northerly along the westerly right-of-way line of the public alley to the intersection with the southerly right-of-way line of 8th Street; thence northeasterly to the intersection with the westerly right-of-way line of the private alley of Out Lot 15 of Z.H. Goldsmith's Addition and the northerly right-of-way line of 8th Street; thence northerly along said westerly right-of-way line of the private alley to the intersection with the southerly right-of-way line of 11th Street; thence northeasterly to a point which is the intersection with the northerly right-of-way line of 11th Street and a point along the southerly line of Out Lot 13 of LeClaire's Out Lots which is 142.25 feet east of the southwest corner of Out Lot 13; thence northerly to a point which is the intersection with the southerly right-of-way line of 12th Street and a point along the northerly line of Out Lot 13 which is 142.25 feet east of the northwest corner of Out Lot 13; thence easterly 37.05 feet along the southerly right-of-way line of 12th Street; thence northerly to the southeast corner of Lot 12 of Block 9 of Allen's Second Addition; thence continuing northerly along the westerly right-of-way line of the public alley to the southerly right-of-way line of 16th Street; thence westerly along the southerly right-of-way line of 16th Street to the intersection with the westerly right-of-way line of Main Street; thence northerly along the westerly right-of-way line of Main Street to the southerly right-of-way line of Locust Street; thence westerly along the southerly right-of-way line of Locust Street to the northwest corner of Lot 6 of Block 3 of McIntosh's Subdivision; thence southerly along the westerly line of said Lot 6, Lot 5 of said Block 3, and Lots 6 and 5 of Block 4 of McIntosh's Subdivision to the southwest corner of Lot 5 of said Block 4; thence easterly 89 feet and four inches along the southerly line of said Lot 5 extended; thence southerly 30 feet to the northwest corner of Lot 5 of Block 2 of Allen's Addition; thence continuing southerly along the easterly right-of-way line of the public alley to the northwest corner of Lot 6 of Block 3 of Allen's Addition; thence westerly along the southerly right-of-way line of 16th Street to the northwest corner of Lot 8 of said Block 3; thence southerly along the westerly line of said Lot 8 to the southwest corner of said Lot 8; thence easterly along the southerly line of said Lot 8 and Lot 7 of said Block 3 to the easterly right-of-way line of the public alley; thence southerly along the easterly right-of-way line of the public alley (20 feet wide) to the northerly right-of-way line of 12th Street; thence easterly along the northerly right-of-way line of 12th Street to the intersection with the westerly right-of-way line of Main Street; thence southerly along the westerly right-of-way line of Main Street to a point which is 220 feet south of the northwest corner of Out Lot 14; thence westerly to a point which is the intersection with the easterly right-of-way line of Harrison Street and a point along said right-of-way line 220 feet south of the northwest corner of Out Lot 3; thence southerly along the easterly right-of-way line of Harrison Street to a point which is 260 feet north of the southwest corner of Out Lot 2; thence easterly 190 feet to a point on the easterly right-of-way line of the vacated public alley that is 260 feet north of the intersection with said right-of-way line and the northerly right-of-way line of 8th Street; thence southerly along the easterly right-of-way line of the vacated public alley to the intersection with the northerly right-of-way line of 8th Street; thence southeasterly to the intersection with the southerly right-of-way line of 8th Street and the easterly right-of-way line of the public alley in Out Lot 1; thence southerly along the easterly right-of-way line of the public alley to the intersection with the northerly right-of-way line of 6th Street; thence westerly along the northerly right-of-way line of 6th Street to the point of beginning, all of which property is situated in the City of Davenport, Scott County, State of Iowa.
[Ord. 96-625]
It is found and determined that the owners of all of the property within the Hilltop SSMID have a present and potential benefit from the condition, development, and maintenance of the district and that all of the property within the district is related by virtue of its location within the described district.
[Ord. 96-625]
Pursuant to the provisions of the Act, there is established and created a self-supported municipal improvement district operation fund, which shall be known as the "Hilltop SSMID Operation Fund" (referred to in this chapter as the "operation fund"), for which operation fund the City may certify taxes (the "operation tax") each year commencing with the levy of taxes for collection in the fiscal year beginning July 1, 1997 and continuing for 19 additional fiscal years, to be levied against all the property in the Hilltop SSMID as defined in Section 3.35.020 in addition to all other taxes, for the purpose of paying such expenses of the district as authorized by the Act, including, but not limited to the administrative expenses of the district and part or all of the maintenance expenses of improvements or self-liquidating improvements, as defined in the Act.
[Ord. 2017-427 § 1; Ord. 96-625]
The operation tax shall be levied annually at a rate not to exceed $2 per $1,000 of taxable value of the property within the Hilltop SSMID as defined in Section 3.35.020 in addition to all other taxes.
[Ord. 2015-488:; Ord. 96-625]
Pursuant to the provisions of the Act, there is established and created a capital improvement fund for such district, which shall be known as the "Hilltop SSMID Capital Improvement Fund" (referred to in this chapter as the "capital improvement fund"), for which capital improvement fund the City may certify taxes (the "capital improvement fund tax") each year, commencing with the levy of taxes for collection in the fiscal year beginning July 2016, and continuing for 20 additional fiscal years, to be levied against all of the property in the Hilltop SSMID as defined in Section 3.35.020, in addition to all other taxes, for the purpose of accumulating moneys for the financing or payment of a part or all of the cost of any improvement or self-liquidating improvements, as defined in the Act.
[Ord. 2017-427 § 2; Ord. 96-625]
The capital improvement fund tax shall be levied annually at a rate not to exceed $1 per $1,000 of taxable value of the property within the Hilltop SSMID as defined in Section 3.35.020 in addition to all other taxes.
[Ord. 96-625]
The combined rate of the operation fund tax and the capital improvement fund tax, to be levied annually as provided in Sections 3.35.050 and 3.35.070, shall not exceed $3 per $1,000 of taxable value of property in the Hill-top SSMID as defined in Section 3.35.020 in any one year, in addition to all other taxes.
[Ord. 96-625]
In each year, all monies in the operation fund shall be disbursed to the Hilltop Association Corporation, as an economic development grant, pursuant to Chapter 15A of the Code of Iowa, to be used for the purposes set out in Section 386.8 of the Code of Iowa, including paying the administrative expenses of the district, as they are defined in that section, and paying maintenance expenses of improvements or self-liquidating improvements for the period of time for which taxes are authorized to be levied for the operation fund.
[Ord. 96-625]
In each year, monies in the capital improvement fund shall be disbursed to the Hilltop Association Corporation, in such amounts and at such times as may be requested by the board of directors of the Corporation, as an economic development grant, pursuant to Chapter 15A of the Code of Iowa, to be used for the purposes set out in Section 386.1 of the Code of Iowa, including paying part or all of the costs of any improvement or self-liquidating improvement, as they are defined in that section.
[Ord. 96-625]
The City Clerk shall cause a copy of the ordinance codified in this chapter to be filed in the office of the county recorder of the county and in the finance office of the City of Davenport.