[Ord. 2001-258 § 1]
That Title 3 of the 2000 City Code is amended by adding a new
chapter to be codified as Chapter 3.62 entitled, "Southwest Elmore
Avenue Corridor Self-Supported Municipal Improvement District" as
set forth in Sections 3.62.020 — 3.62.090 inclusive
as follows.
[Ord. 2001-258 § 2]
There shall be and there is created in the City a self-supported
municipal improvement district as defined in the Act, the name of
which shall be the "Southwest Elmore Avenue Corridor Self-Supported
Municipal Improvement District" (hereinafter referred to as the "SWESSMID").
The purpose of the proposed SWESSMID shall include, but not
be limited to, undertaking actions, design or construction of any
and all improvements or self-liquidating improvements authorized pursuant
to the Act, including but not limited to the acquisition of all rights-of-way
necessary to affect these improvements and any utility relocation
resultant from the construction of these improvements and for the
performance and administration, redevelopment and revitalization of
the proposed SWESSMID. Specifically, the following improvements are
to be made:
A.
Full access driveway shall be constructed on East 53rd Street at
Elmore Circle extended; provided further that left-hand turn lanes
for both directions on East 53rd Street and a right turn deceleration
shall be constructed. In addition, a traffic signal (including a communication
link with the East 53rd Street-Elmore Avenue signal) shall be constructed.
All turning lanes shall be constructed as per specifications of the
City of Davenport public works department (Elmore Circle Improvements);
B.
Construction of westerly additional through lane for southbound Elmore
Avenue from East 53rd Street to East 46th Street (the Elmore 46th
Street Extension Improvements);
C.
The construction of a second left turn lane for westbound to southbound
traffic at the East 53rd Street-Elmore Avenue intersection be done
by converting the existing paving with additional construction to
provide two through lanes for westbound traffic at East 53rd Street
(The 53rd Street and Elmore Intersection Improvements);
D.
The construction and development of all roads, roadways, and thoroughfares
contemplated in any plat and/or replat of any development within the
SWESSMID;
E.
The costs of any and all additional traffic signals and/or impact
fees assessed by the City of Davenport in connection with any site
plan development associated with the property owners' development
of the SSMID District, including but not limited to the traffic signal
contemplated at the intersection of Elmore Avenue and the thoroughfare
access to the Golden Corral Restaurant;
F.
The costs for acquisition of the right-of-way;
G.
The costs of any utility relocation to make the improvements set
forth above;
H.
The costs of all designs and inspections incurred in connection with
the construction of the improvements contemplated herein, including
but not limited to engineering fees, contractor fees, attorney's fees
in connection with establishing the SWESSMID;
I.
Such other expenses mutually agreed to by the property owners and
the City of Davenport;
[Ord. 2002-59 § 1; Ord. 2001-258 § 3]
The Southwest Elmore Avenue Corridor Self-Supported Municipal
Improvement District shall be comprised only of contiguous property
within the City of Davenport and within the district described below
which is zoned for commercial uses as shown on the attached, and whose
boundaries are as follows:
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Part of the Southwest Quarter of Section 8, Township 78 North,
Range 4 East of the 5th P.M., being more particularly described as
follows:
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Commencing, as a point of reference, at the southwest corner
of the Southwest Quarter of said Section 8; thence North 87-degrees
55' 31" East 544.93 feet along the south line of the Southwest Quarter
of said Section 8; thence North 02-degrees 04' 29" West 27.06 feet
to the point of beginning of the tract of land hereinafter described:
thence continuing North 02-degrees 04' 29" West 2.94 feet; thence
North 54-degrees 25' 51" West 687.68 feet to the west line of the
Southwest Quarter of said Section 8; thence North 02-degrees 01' 21"
West 558.62 feet along the west line of the Southwest Quarter of said
Section 8 to a corner on the west line of Lot 1 of Davies Second Commercial
Addition to the City of Davenport, Iowa; thence South 28-degrees 44'
56" East 473.01 feet along the west line of said Lot 1; thence North
61-degrees 15' 04" East 621.30 feet along the south line of said Lot
1; thence North 28-degrees 44' 56" West 17.00 feet along the south
line of said Lot 1; thence North 61-degrees 15' 04" East 419.75 feet
along the south line of said Lot 1; thence North 49-degrees 04' 32"
East 73.90 feet along the south line of said Lot 1; thence southeasterly
23.39 feet along the south line of said Lot 1 being a curve concave
southerly having a radius of 15.00 feet and a chord bearing and dimension
of South 86-degrees 15' 49" East 21.09 feet to the west right-of-way
line of Elmore Avenue as now established in the City of Davenport,
Iowa; thence southeasterly 184.31 feet along the west right-of-way
line of said Elmore Avenue being a curve concave easterly having a
radius of 1550.00 feet and a chord bearing and dimension of South
45-degrees 00' 34" East 184.20 feet; thence South 48-degrees 24' 26"
East 210.38 feet along the west right-of-way line of said Elmore Avenue;
thence southeasterly 871.91 feet along the west right-of-way line
of said Elmore Avenue being a curve concave westerly having a radius
of 1450.00 feet and a chord bearing and dimension of South 31-degrees
10' 49" East 858.63 feet; thence southwesterly 62.23 feet along a
curve concave northwesterly having a radius of 35.00 feet and a chord
bearing and dimension of South 36-degrees 59' 08" West 54.35 feet;
thence South 87-degrees 55' 31" West 553.07 feet along the north right-of-way
line of 46th Avenue as now established in the City of Davenport, Iowa;
thence South 03-degrees 53' 09" West 10.01 feet; thence South 87-degrees
42' 18" West 776.55 feet to the point of beginning, which property
is presently being platted as Lots 1-7 of the Third Plat of THF Third
Addition to the City of Davenport, Scott County, Iowa.
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also including:
Lot 2 of Davies Second Commercial Addition to the City of Davenport,
Iowa.
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also including:
Lot 2 of Davies Fifth Commercial Addition to the City of Davenport,
Iowa.
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also including:
Lots 1, 2, 3, 4, and 5 of THF 2nd Addition to the City of Davenport,
Iowa.
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also including:
Part of Section 8, Township 78 North, Range 4 East of the 5th
Principal Meridian, situated in the City of Davenport, Scott County,
Iowa, more particularly described as follows:
Commencing at the intersection of the east right-of-way
line of Elmore Avenue with the south right-of-way line of 53rd Street;
thence southerly along said east right-of-way line and the westerly
lines of Lots 4, 2, 3, and 1 of said Davenport. Retail Center Subdivision;
thence continuing southeasterly along said easterly right-of-way line
and the southwesterly lines of Lots 1 and 2 of Davies Fifth Addition
to the City of Davenport, Iowa; thence continuing southeasterly along
said easterly right-of-way line and the southwesterly line of Lot
1 of Mississippi Medical Plaza Third Addition to the City of Davenport,
Iowa; thence continuing southeasterly along said easterly right-of-way
line and the southwesterly line of Lot 1 of Davies Fourth Commercial
Addition to the City of Davenport, Iowa, to the South line of said
Section 8 and the center line of East 46th Street; thence West along
the South line of said Section 8 to the westerly right-of-way line
of Elmore Avenue; thence northwesterly along said westerly right-of-way
line to the southeast corner of Lot 1 of Davies Second Commercial
Addition to the City of Davenport, Iowa; thence continuing northwesterly
along said westerly right-of-way line and the northeasterly lines
of Lots 1, 2, and 3 of said Davies Second Commercial Addition; thence
continuing northwesterly along said westerly right-of-way line and
the northeasterly lines of Lots 2, 1, 3, and 4 of Davies Third Commercial
Addition to the City of Davenport, Iowa, to the southerly right-of-way
line of East 53rd Street; thence East along said South right-of-way
line to the point of beginning.
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[Ord. 2001-258 § 4]
It is found and determined that the owners of all of the property
within the SWESSMID have a present and potential benefit from the
condition, development, and maintenance of the district, and that
all the property within the district is related by virtue of its location
within the described district.
[Ord. 2001-258 § 5]
Pursuant to the provisions of the Act, there is established and created a capital fund for such district, which shall be known as the "SWESSMID Capital Fund" (and is referred to in this chapter as the "capital fund"), for which capital fund the City may certify taxes (the "capital fund tax") each year, commencing with the levy of taxes for collection in the fiscal year beginning July 1, 2002, and continuing for 34 additional fiscal years, unless extended by amendment, to be levied against all of the property in the SWESSMID as defined in Section 3.62.030, in addition to all other taxes, for the purpose of accumulating monies for the financing or payment of a part or all of the cost of any improvements as defined in the Act. Furthermore, should the property owners plat any and all of the remaining unplatted property prior to or during the first three years after the enactment of this chapter, the property owners shall be granted the rights and privileges to the extent allowed under Iowa Code Section 441.72 (2001). Accordingly, the term of the SSMID District shall be extended for a period of 38 years on such newly platted property. Notwithstanding any provision to the contrary contained herein, the term of the authorized SSMID levy shall not exceed 38 years.
The purposes of the SWESSMID Capital Fund are:
A.
Paying of all capital expenses of the SSMID District for the roadway improvements described in Section 3.62.030;
B.
Paying all of the maintenance expenses of "improvements" or "self-liquidating improvements" as defined in the Act and/or in this chapter with respect to the SSMID District based upon rates set forth in Section 3.62.060 and terms set forth in this section; or
C.
Paying the administrative expenses of the SSMID District, as defined
and authorized in the Act.
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All revenues collected in the SWESSMID Capital Fund shall be
disbursed only for these purposes.
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[Ord. 2001-258 § 6]
The capital fund tax levied in any one year, as provided in Section 3.62.050, shall be at a rate not to exceed $4.55 per thousand dollars of taxable value of the property within the district as defined in Section 3.62.030 in addition to all other taxes. Based upon the proposed current site development plan, such taxes would result with a SSMID increase tax base all as set forth in Exhibit "2" hereinafter attached and incorporated herein by this reference.[1]
[1]
Editor's Note: Exhibit 2 may be found on file in the office
of the City Clerk.
[Ord. 2001-258 § 7]
Before any monies from the capital fund are disbursed, the City
shall enter into an agreement with the property owners, or with an
organization or association comprised of at least a majority of the
property owners, in which the rights and obligations of the City and
the property owners are defined, including a process for making payments
from the capital fund to the property owners or their representatives.
As a further condition to the disbursement of funds from the
capital fund, the property owners shall submit to the Davenport City
Council, no later than November 1st of each year, a budget showing
in general terms, the proposed expenditures of such funds for the
fiscal year beginning on the next July 1. Payment shall be remitted
by the City of Davenport, Iowa, within 30 days after approval for
such disbursement by the City Council of Davenport, Iowa. Approval
by the City Council of Davenport, Iowa, shall be given within 30 days
of receipt of the capital fund tax revenues by the City from the Scott
County Treasurer's Office.
[Ord. 2001-258 § 8]
Furthermore, it is also anticipated that with the approval of
the chapter establishing the Northeast Elmore Avenue Corridor SSMID
("NEESSMID") by the City Council of Davenport, Iowa, (Ordinance No.
2001-257),[1] that the costs for certain improvements contained in Section 3.62.020 of this SSMID chapter may and shall be allocated to the NEESSMID. Provided the NEESSMID is approved, such reallocation may be made by affidavit by the property owners which with specificity details: a. the nature of the improvements allocated to the NEESSMID; b. the expenses associated with the improvements to the NEESSMID; and c. such other requirements as promulgated by the City Council of Davenport, Iowa, and/or its staff.
[1]
Editor's Note: Ordinance No. 2001-257 establishing the Northeast
Elmore Avenue Corridor SSMID, is codified as Chapter 3.64.
[Ord. 2001-258 § 9]
The deputy City Clerk shall cause a copy of the ordinance codified
in this chapter to be filed in the office of the county recorder of
Scott County and in the finance department office of the City of Davenport.
