[Ord. 2017-324]
In pursuance of the laws of the state
in reference thereto, there is created and established a riverfront
improvement commission in the City, consisting of 11 members, all
of whom shall be residents and qualified electors of the City.
[Ord. 2017-324]
Each Alderman and the Mayor shall
have an assigned commission position for which they are the appointing
authority. Appointments shall be confirmed by the City Council. The
term of office is six years. The Mayor and Aldermen shall give due
consideration to appointing members focused foremost on the stewardship
of the Riverfront, overall gender balance of the commission, and professional
representation reflective of such areas as education, finance, real
estate, law, construction, engineering or other design professions.
Members shall have no other official position in, or connection with,
the City. Each member so appointed shall, upon taking office, take
the oath prescribed for officers elected in the City. If any vacancy
occurs, the person appointed to fill the same shall hold office until
the expiration of the term for which the person was appointed.
Transition rule: Current commissioners
as of July 1, 2017 shall be allowed to serve out their terms so long
as death, disability or conduct does not result in removal from office.
In order to assign a seat to the Mayor and each Council member the
following transition plan shall be in place:
1st Ward - Open for immediate appointment;
term ends 4/30/2023
2nd Ward - Open for immediate appointment;
term ends 4/30/2023
3rd Ward - Patrick Walton (3rd Ward
Resident); term ends 4/30/2022
4th Ward - Open for immediate appointment;
term ends 4/30/2021
5th Ward - Karl Rhomberg (5th Ward
Resident); term ends 4/30/2020
6th Ward - Bill Ashton (6th Ward
Resident); term ends 4/30/2020
7th Ward - Open for immediate appointment;
term ends 4/30/2021
8th Ward - Open for immediate appointment;
term ends 4/30/2019
At Large - Mike Veal (6th Ward Resident);
term ends 4/30/2018
At Large - Shelley Chambers (6th
Ward Resident); term ends 4/30/2018
Mayor - Frank Clark (6th Ward Resident);
term ends 4/30/2022
From April 2018 onward, if only one
of the Aldermen at large has not appointed a then serving commissioner,
that Alderman at large shall have the privilege of appointment; otherwise,
the Alderman at large who is the top vote recipient of the two at
the last City election shall have the appointment privilege.
[Ord. 2017-324]
The Mississippi Riverfront is one
of Davenport's most important resources. The Riverfront Improvement
Commission improves the riverfront through stewardship, collaboration,
innovative planning, thoughtful development, and sound management.
[Ord. 2017-324]
In July of every year, the members
shall choose a chair, vice chair and secretary from among their membership.
The chair shall preside at all meetings, and the vice chair shall
preside in the absence of the chair. If neither is present, but a
quorum is present, the members present shall nominate and choose a
member to preside at the meeting immediately after the announcement
of a quorum. The secretary shall ensure that a complete and accurate
record of all its acts and proceedings are kept. The finance director
or the director's designee shall be ex officio treasurer. The director
of the community and economic development department or the director's
designee shall have charge of the accounts, books and other clerical
work in connection with said commission.
[Ord. 2017-324]
The commission shall meet at least
monthly at a time and place conducive to public meetings. Special
meetings may be called pursuant to the bylaws. A majority of the members
present and voting shall be necessary for the passage of any motion.
The commission shall meet jointly
at least quarterly with the parks and recreation commission to discuss
future opportunities and amenities in an effort to create a coordinated
vision and effort. The chairs of these bodies shall preside at any
joint meetings.
The commission shall choose a member
to act as a liaison to and attend the meetings of the parks and recreation
commission.
The commission shall choose four
members to attend, participate and report back on Council work sessions
called for the purpose of discussing future opportunities and amenities
including the Riverfront. At least once a year Council shall hold
such a work session.
[Ord. 2017-324]
The commission shall have power to
adopt the rules or bylaws concerning its meetings and all other matters
pertaining to the business of such commission as are not inconsistent
with provisions of this chapter.
[Ord. 2017-324]
As provided in this chapter, the
riverfront improvement commission shall have responsibility, supervision
and control of territory included within the limits of the City and
described as follows, to-wit:
Beginning at a point at the intersection
of the east City limits and the center line of the Mississippi River
(Iowa-Illinois boundary); thence northerly along the east City limits
(extension of Fernwood Avenue) to the intersection with the center
line of East River Drive, then in a generally westerly direction along
the center line of East River Drive and West River Drive to the intersection
of West River Drive with the center line of the Soo Line Railroad
(immediately west of Blackhawk Creek), thence in a southwesterly direction
along the center line of the Soo Line Railroad to the intersection
with the west City limits (Utah Avenue); thence in a southerly direction
to the intersection of the extension of the west City limits with
the center line of the Mississippi River, thence upstream along the
center line of the Mississippi River (Iowa-Illinois boundary) to the
point of beginning.
[Ord. 2017-324]
A.
The riverfront improvement commission shall
have exclusive charge, supervision and control of all work done, or
to be done, and of all improvements made, or to be made using the
riverfront improvement funds within the commission's control as set
forth in Section 2.62.100, upon, over, along or within the area described
in Section 2.62.070, including the filling, grading, paving, macadamizing,
riprapping and construction of retaining walls upon, over, along or
within the area: provided, that the City reserves to itself exclusive
charge, supervision and control of such improvements therein or thereon
as the City itself has constructed or may hereafter construct using
its own funds derived from any lawful source, as well as reasonable
rights of access thereto for all purposes, including the alteration,
repair, reconstruction and maintenance thereof.
B.
Notwithstanding any provision in this chapter
to the contrary, no encumbrances, by lease, easement, license, agreement
or otherwise upon property within the commission's jurisdiction for
a term greater than three years shall be final and binding until such
encumbrance has been voted upon by the City Council.
C.
Any encumbrance requiring a City Council
vote shall be referred to the City Council and placed on the Council's
agenda. If the commission denied the encumbrance, then an affirmative
vote of three-fourths of the members of the City Council is required
to approve the encumbrance. If the commission approved the encumbrance,
the matter will be determined by the normal simple majority of the
members of the Council rule.
D.
The commission may not consent to or otherwise
authorize or approve any lien, by mortgage or otherwise, upon the
Riverfront.
[Ord. 2017-324]
Nothing contained in this chapter
shall be construed as limiting or abrogating the police power of the
City in the Riverfront area described in Section 2.62.070.
[Ord. 2017-324]
For all projects whose proposed budget
is less than $500,000, the riverfront improvement commission shall
have exclusive charge and control of the riverfront improvement fund,
and of all monies dedicated to such fund derived from the sale of
bonds on behalf of the commission, issued by the City Council for
the purpose of carrying on the work of making any of the improvements
authorized to be made by the commission. The finance director or his
designee shall keep a specific general ledger account for the riverfront
improvement fund and monies belonging to the fund derived from the
sale of bonds as provided above or from other sources. Commission
funds, as described above, shall only be spent as authorized by the
commission.
