[Ord. 2001-257 § 1]
That Title 3 of the 2000 City Code is amended by adding a new
chapter to be codified as Chapter 3.64 entitle, "Northeast Elmore
Avenue Corridor Self-Supported Municipal Improvement District" as
set forth in Sections 3.64.020 — 3.64.090 inclusive
as follows.
[Ord. 2001-257 § 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 "Northeast Elmore Avenue Corridor Self-Supported
Municipal Improvement District" (hereinafter referred to as the "NEESSMID").
The purpose of the proposed NEESSMID 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
NEESSMID specifically, are to make the following improvements:
A.
Construction of an eastbound right turn lane at the intersection
of 53rd Street and Elmore Avenue;
B.
Construction of a southbound right turn lane at the intersection
of 53rd Street and Elmore Avenue;
C.
Construction of a northbound right turn lane at the intersection
of 53rd Street and Elmore Avenue;
D.
Construction of a five-lane road constituting an extension of Elmore
Avenue north of 53rd Street to the end of the SSMID District including
a box culvert over Pheasant Creek and all deceleration lanes accessing
to and from the SSMID District;
E.
The construction and development of all roads, roadways, and thoroughfares
contemplated in any plat and/or replat of any development within the
NEESSMID;
F.
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 owner's 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;
G.
The costs for acquisition of the right-of-way;
H.
The costs of any utility relocation to make the improvements set
forth above;
I.
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's fees, attorney's
fees in connection with establishing the NEESSMID;
[Ord. 2002-58 § 1; Ord. 2001-257 § 3]
The Northeast 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:
|
Part of the Northwest Quarter of Section 8, Township 78 North,
Range 4 East of the 5th P.M., Davenport, Scott County, Iowa, being
more particularly described as follows:
|
|
Commencing, as a point of reference, at the southeast corner
of the Northwest Quarter of said Section 8; thence South 89-degrees
55' 40" West (assumed bearing for this description) 1897.21 feet along
the south line of the Northwest Quarter of said Section 8 to the southwest
corner of the East 115 acres of the Northwest Quarter of said Section
8; thence North 00-degrees 8' 25" East 1103.00 feet along the west
line of the East 115 acres of the Northwest Quarter of said Section
8 to the point of beginning of the tract of land hereinafter described:
thence continuing North 00-degrees 08' 25" East 624.69 feet along
the west line of the East 115 acres of the Northwest Quarter of said
Section 8 to the northwest corner of the South 75 acres of the East
115 acres of the Northwest Quarter of said Section 8; thence North
00-degrees 01' 30" East 63.41 feet along the west line of the North
40 acres of the East 115 acres of the Northwest Quarter of said Section
8; thence northwesterly 176.73 feet along a curve concave easterly
having a radius of 1560.00 feet and a chord bearing and distance of
North 03-degrees 13' 15" West 176.63 feet; thence North 00-degrees
01' 30" East 681.63 feet to the north line of the Northwest Quarter
of said Section 8; thence South 89-degrees 55' 35" East 1837.70 feet
along the north line of the Northwest Quarter of said Section 8 to
a point on the west right-of-way line of Interstate 74 as now established
in the City of Davenport, Iowa; thence South 05-degrees 15' 30" West
388.00 feet along the west right-of-way line of said Interstate 74;
thence South 06-degrees 28' 30" East 211.86 feet along the west right-of-way
line of said Interstate 74; thence South 14-degrees 37' 40" West 333.59
feet along the west right-of-way line of said Interstate 74; thence
South 12-degrees 20' 40" West 178.63 feet along the west right-of-way
line of said Interstate 74; thence South 05-degrees 05' 15" East 535.52
feet along the west right-of-way line of said Interstate 74; thence
South 22-degrees 27' 30" West 145.59 feet along the west right-of-way
line of said Interstate 74; thence South 31-degrees 53' 45" West 547.23
feet along the west right-of-way line of said Interstate 74; thence
South 43-degrees 22' 05" West 350.10 feet along the west right-of-way
line of said Interstate 74 to a point on the north right-of-way line
of 53rd Street as now established in the City of Davenport, Iowa;
thence North 89-degrees 43' 40" West 96.04 feet along the north right-of-way
line of said 53rd Street; thence South 35-degrees 35' 45" West 21.07
feet along the north right-of-way line of said 53rd Street to a point
on the east line of Lot 4 of Cambria Commercial Addition to the City
of Davenport, Iowa; thence North 00-degrees 02' 20" West 65.61 feet
along the east line at the northeast corner of said Lot 4; thence
South 89-degrees 59' 20" West 125.61 along the north line of Lot 4;
thence North 00-degrees 04' 20" West 24.62 feet along the north line
of said Lot 4; thence South 89-degrees 59' 20" West 2.06 feet along
the north line of said Lot 4 to the southeast corner of Lot 1 of said
Cambria Commercial Addition; thence North 00-degrees 04' 20" West
137.13 feet along the east line to the northeast corner of said Lot
1; thence North 56-degrees 34' 05" West 851.47 feet along the north
line of said Lot 1 and along the north line of Lot 3 of Rostenbach's
Commercial Park First Addition to the City of Davenport, Iowa, to
the northwest corner of said Lot 3; thence South 00-degrees 04' 20"
East 475.00 feet; thence South 89-degrees 55' 40" West 100.00 feet;
thence North 00-degrees 04' 20" West 655.00 feet; thence North 54-degrees
54' 25" West 135.43 feet to the point of beginning.
|
|
also including:
Lot 3 of Rostenbach's Commercial Park First Addition to the
City of Davenport, Iowa.
|
|
also including:
Lot 1 of Cambria Commercial Addition to the City of Davenport,
Iowa, all of which property is presenting being platted and replatted
and is to be known as Lots 1-14 and Outlots A, B and C of the Final
Plat of THF First Addition to the City of Davenport, Scott County,
Iowa.
|
[Ord. 2001-257 § 4]
It is found and determined that the owners of all the property
within the NEESSMID 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. 2001-257 § 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 "NEESSMID 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 NEESSMID as defined in Section 3.64.030, 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 NEESSMID Capital Fund are:
A.
Paying all capital expenses of the SSMID District for the roadway improvements described in Section 3.64.020;
B.
Paying all of the maintenance expenses of "improvements" or "self-liquidating improvements" as defined in the Act and/or in this ordinance with respect to the SSMID District based upon rates set forth in Section 3.64.050 and terms set forth in this section; or
C.
Paying the administrative expenses of the SSMID District, as defined
and authorized in the Act.
|
All revenues collected in the NEESSMID Capital Fund shall be
disbursed only for these purposes.
|
[Ord. 2001-257 § 6]
The capital fund tax levied in any one year as provided in Section 3.64.060, shall be at a rate of not to exceed $4.50 per $1,000 of taxable value of the property within the district as defined in Section 3.64.030 in addition to all other taxes. Based upon the undersigned's 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. 2001-257 § 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 representative.
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. 2001-257 § 8]
Furthermore, it is also anticipated that with the approval of
the chapter establishing the Southwest Elmore Avenue SSMID (SWESSMID)
by the City Council of Davenport, Iowa, (Ordinance No. 2000-258),[1] that the costs for certain improvements contained in Section 3.64.020 of this SSMID chapter may and shall be allocated to the SWESSMID. Provided the SWESSMID chapter is approved, such reallocation may be made by affidavit by the property owners, which with specificity details: a. the nature of the improvements to be allocated to the SWESSMID; b. the expenses associated with the improvements to the SWESSMID; and c. such other requirements as promulgated by the City Council of Davenport, Iowa, and/or its staff.
[1]
Editor's Note: Ordinance No. 2001-258, establishing the Southwest
Elmore Avenue Corridor SSMD, is codified as Chapter 3.62.
[Ord. 2001-257 § 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.
