[Ord. 2005-501 § 1
(part)]
That Title 3 of the 2000 City Code is amended by adding a new
chapter to be codified as Chapter 3.72 entitled, "Elmore North Self-Supported
Municipal Improvement District" as set forth in Sections 3.72.020 — 3.72.080
inclusive as follows.
[Ord. 2005-501 § 1
(part)]
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 "Elmore North Self-Supported Municipal Improvement
District" (hereinafter referred to as the "ENSSMID"). The purpose
of the proposed ENSSMID 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 ROW necessary to affect these improvements,
any utility relocation resultant from the construction of these improvements
and for the performance and administration, redevelopment and revitalization
of the proposed ENSSMID. The following items are contemplated at this
time as well as the payment of any special assessments against property
in said SSMID:
A.
The petitioner's share in any cost including, but not limited to,
special assessments, design, construction and development of all roads,
roadways, and thoroughfares contemplated in any plat or replat of
any development within the ENSSMID, including, but not limited to,
roadway improvements and special assessments for roadway improvements
of 67th Street;
B.
The petitioner's share of any cost and construction 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 undersigned's development of ENSSMID:
C.
The costs for acquisition of right-of-way;
D.
The costs of any utility relocation contemplated to make the improvements
set forth above;
E.
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, contractors fees, development,
administrative and attorney's fees in connection with establishing
the Elmore North SSMID;
F.
The costs and construction and development of connecting sidewalks
and/or bike paths within the Elmore North SSMID District; and
G.
Such other expenses mutually agreed to by the undersigned and the
City of Davenport.
[Ord. 2005-501 § 1
(part)]
The Elmore North Self-Supported Municipal Improvement District
shall be comprised only of contiguous property within the City of
Davenport and within the district described as follows, which is zoned
for commercial uses.
|
Elmore North Self-Supported Municipal Improvement District
|
|
Part of the Southwest Quarter of Section 5, Township 78 North,
Range 4 East of the 5th Principal Meridian, except any portions lying
within existing rights-of-way, described as follows:
|
|
Commencing at the East Quarter Corner of said Section 6, thence
South 00 degrees 00 minutes, 45 seconds East, 55.01 feet to the point
of beginning, said point being on the south right-of-way line of 67th
Street; thence South 88 degrees 51 minutes 19 seconds West, 1378.20
feet on said right-of-way line to the beginning of a curve, concave
southeasterly, having a radius of 20.00 feet; thence southwesterly
31.00 feet on the arc of said curve, through a central angle of 88
degrees 48 minutes 29 seconds, the chord bears South 44 degrees 27
minutes 04 seconds West, 27.99 feet to the east right-of-way line
of Jersey Ridge Road; thence South 00 degrees 02 minutes 50 seconds
West, 146.34 feet on said right-of-way line; thence North 89 degrees
57 minutes 10 seconds West, 90.00 feet to the west right-of-way line
of Jersey Ridge Road; thence North 00 degrees 02 minutes 50 seconds
East, 123.63 feet on said right-of-way line to the beginning of a
curve, concave southwesterly, having a radius of 20.00 feet; thence
northwesterly 31.83 feet on the arc of said curve, through a central
angle of 91 degrees 11 minutes 31 seconds, the chord bears North 45
degrees 32 minutes 56 seconds West, 28.58 feet to the south right-of-way
line of 67th Street; thence South 88 degrees 51 minutes 19 seconds
West, 133.43 feet on said right-of-way line; thence North 01 degrees
08 minutes 41 seconds West, 90.00 feet to the north right-of-way line
of 67th street; thence North 88 degrees 51 minutes 19 seconds East,
136.34 feet on said right-of-way line to the beginning of a curve,
concave northwesterly, having a radius of 20.00 feet; thence northeasterly
31.00 feet on the arc of said curve through a central angle of 88
degrees 48 minutes 29 seconds, the chord bearing of North 44 degrees
27 minutes 04 seconds East, 27.99 feet to the west right-of-way line
of Jersey Ridge Road; thence North 00 degrees 02 minutes 50 seconds
East, 146.34 feet on said right-of-way line; thence South 89 degrees
57 minutes 10 seconds East, 78.00 feet to the east right-of-way line
of Jersey Ridge Road; thence South 00 degrees 02 minutes 50 seconds
West, 143.89 feet on said right-of-way line to the beginning of a
curve, concave northeasterly, having a radius of 20.00 feet thence
southeasterly 31.83 feet on the arc of said curve, through a central
angle of 91 degrees 11 minutes 31 seconds, the chord bearing of South
45 degrees 32 minutes 56 seconds East, 28.58 feet to the north right-of-way
line of 67th Street; thence North 88 degrees 51 minutes 19 seconds
East, 379.00 feet on said right-of-way line; thence South 01 degrees
08 minutes 41 seconds East, 15.00 feet on said right-of-way line;
thence North 88 degrees 51 minutes 19 seconds East, 1575.45 feet on
said right-of-way line; thence North 89 degrees 09 minutes 44 seconds
East, 1576.55 feet on said right-of-way line; thence North 00 degrees
45 minutes 15 seconds West, 13.00 feet on said right-of-way line;
thence North 89 degrees 09 minutes 44 seconds East, 65.00 feet on
said right-of-way line; thence North 83 degrees 34 minutes 53 seconds
East, 353.87 feet North 89 degrees 09 minutes 44 seconds East, 1576.55
feet on said right-of-way line; thence North 89 degrees 09 minutes
44 seconds East, 282.16 feet on said right-of-way line to the westerly
right-of-way line of Interstate Route 74; thence South 14 degrees
42 minutes 25 seconds East, 717.21 feet on said right-of-way line;
thence southerly 971.66 feet on the arc of a curve concave westerly,
having a radius of 3683.00 feet, a central angle of 15 degrees 06
minutes 57 seconds a chord bearing of South 07 degrees 08 minutes
57 seconds East, 968.84 feet on said right-of-way line; thence South
00 degrees 23 minutes 21 seconds West, 1065.30 feet on said right-of-way
line; thence South 89 degrees 19 minutes 53 seconds West, 2569.65
feet to the southwest corner of said Section 5; North 00 degrees 01
minutes 47 seconds East, 1281.45 feet on the west line of said Section
5, to a point on the east line of Jersey Farms 7th Addition; thence
North 32 degrees 46 minutes 47 seconds East, 225.09 on the easterly
boundary of said Jersey Farms 7th Addition and Jersey Farms 9th Addition;
thence North 06 degrees 29 minutes 57 seconds East, 723.41 feet on
said east line and on the east line of Jersey Farms 10th Addition;
thence North 01 degrees 41 minutes 13 seconds East 238.53 feet on
said east line; thence North 08 degrees 13 minutes 38 seconds West,
170.76 feet to the northeast corner of said Addition and a point on
the south right-of-way line of 67th Street; thence South 89 degrees
17 minutes 59 seconds West, 187.58 feet on said right-of-way line
to the point of beginning, containing 154.186 acres, more or less
|
|
The entire parcel lies within the city of Davenport, county
of Scott and state of Iowa.
|
[Ord. 2005-501 § 1
(part)]
It is found and determined that the owners of all the property
within the ENSSMID 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. 2005-501 § 1
(part)]
Pursuant to the provisions of the Act, there is established and created a capital fund for such district, which shall be known as the "ENSSMID 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, 2006, and continuing for 39 additional fiscal years, unless extended by amendment, to be levied against all of the property in the ENSSMID as defined in Section 3.72.030, 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 ENSSMID District shall be extended for a period of 43 years on such newly platted property. Notwithstanding any provision to the contrary contained herein, the term of the authorized ENSSMID levy shall not exceed 43 years.
The purposes of the ENSSMID Capital Fund are:
A.
Paying all capital expenses of the SSMID District for the improvements described in Section 3.72.020;
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 ENSSMID District based upon rates set forth in Section 3.72.050 and terms set forth in this section; or
C.
Paying the administrative expenses of the ENSSMID District, as defined
and authorized in the Act.
|
All revenues collected in the ENSSMID Capital Fund shall be
disbursed only for these purposes.
|
[Ord. 2005-501 § 1
(part)]
[Ord. No. 2005-501 § 1
(part)]
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. No. 2005-501 § 1
(part)]
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.
