(A) In accordance with Iowa Code Ch. 386 (herein the “Act”) and the recitations set out in the preamble to Ordinance 2465, there is hereby established and created in the city, a self-supported municipal improvement district as defined in the Act, the name of which shall be the Downtown Clinton Self-Supported Municipal Improvement District (SSMID II) (herein the “District”).
(B) The District shall include all property within the following described boundaries, except the proposed District shall be comprised only of real property within the District which is zoned for commercial, multi-residential, or industrial uses and property within any duly designated historic district, specifically excluding property assessed as residential property for property tax purposes unless the residential property is within a duly designated historical district or is classified as residential property under Iowa Code § 441.21(14), paragraph (6) after January 1, 2022:
Commencing at the intersection of the South line of Third Avenue South with the easterly line of South Fourth Street, in the City of Clinton, Iowa, which point is the point of beginning; thence easterly along the south line of Third Avenue South to the intersection of said south line with the west line of South Second Street; thence northerly along the west line of South Second Street to the intersection of said west line with the south line of Second Avenue South; thence easterly along the south line of Second Avenue South to the intersection of said south line with the west line of South First Street; thence southerly along the west line of South First Street and vacated South First Street to the intersection of said west line with the north line of Eighth Avenue South; thence westerly along said north line of Eighth Avenue South to the intersection of said north line with the easterly line of South Fourth Street; thence northerly along said easterly line of South Fourth Street to the point of beginning; all located in the City of Clinton, Clinton County, Iowa; and the following lots and parcels: Lots 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 in Block 32, Original Town of Clinton; Lots 1 through 12, all inclusive, in Block B, Original Town of Clinton; Lots 3, 4, 21, and 22 in Block 11, Original Town of Clinton; Parcel ID 80-13170500, described as Clinton S 80' of Lot 1 and S 80' of E 40' of Lot 2 in Block 11; Parcel ID 80-13160000, described as Clinton S 20' of N 60' of Lot 1 and S 20' of N 60' of E 40' of Lot 2 in Block 11; Parcel ID 80-13150000, described as Clinton S 20' of N 40' of Lot 1 and S 20' of N 40' of E 40' of Lot 2 in Block 11; Parcel ID 80-13140000, described as Clinton N 20' of Lot 1 and N 20' of E 40' of Lot 2 in Block 11; Parcel ID 80-13470000, described as Clinton S 24' of Lots 23 and 24 in Block 11; Parcel ID 80-13460000, described as Clinton N 24' of S 48' of Lots 23 and 24 in Block 11; Parcel ID 80-13450000, described as Clinton N 24' of S 72' of Lots 23 and 24 in Block 11; Parcel ID 80-13440000, described as Clinton N 24' of S 96' of Lots 23 and 24 in Block 11; Parcel ID 80-13430000, described as Clinton S 21' of N 44' of Lots 23 and 24 in Block 11; Parcel ID 80-13420000, described as Clinton N 23' of Lots 23 and 24 in Block 11; Parcel ID 80-01300000, described as Ainsworth's Sub Div of Lots 1 and 2 in Block 43 South Addition, adding Lots 1-7, W 30' of Lot 2, all of Lot 3, and E 54' of Lot 5 in Block 43 South Addition, Lots 16-18, N 72' of W 30' of Lot 19 in Block 43, Wetmore's Sub of Lot 20 and E 1/3 of Lot 19, Block 43, and Lots 5-7; Parcel ID 80-67970000, described as Wetmore's Sub Div of Lot 20 and E 1/3 of Lot 19 in Block 43 South Addition, Lots 1-4 and South Addition S 93' of W 40' of Lot 19 in Block 43; Parcel ID 80-56050000, described as South Addition Lots 1, 2, 3, 4 and E 15' of Lot 5 in Block 47; Parcel ID 80-56430000, described as South Addition N 21 and 2/3' of Lots 19 and 20 in Block 47; Parcel ID 80-56420000, described as South Addition S 21 and 2/3' of N 43 and 1/3' of Lot 19 and S 21 and 2/3' of N 43 and 1/3' of Lot 20 in Block 47; Parcel ID 80-56410000, described as South Addition S 21 and 2/3' of N 65' of Lot 19 and S 21 and 2/3' of N 65' of Lot 20 in Block 47; Parcel ID 80-56380300, described as South Addition S 100' of Lots 19 and 20 in Block 47; Parcel ID 80-59700000, described as South Clinton Lots 7 and 8 in Block 19 and PRT of Lots 9 and 10 COM NE COR Lot 10 TH S 24' W 60' S 12' W 30' N 36' TH E 90' to POB; Parcel ID 80-59730000, described as South Clinton PRT of Lots 9 and 10 in Block 19 COM NE COR Lot 10 TH S 24' to PT OF BEG TH S 35' W 90' N 23' E 30' N 12' TH E 60' to PL of BEG; Parcel ID 80-5974000, described as South Clinton N 25' of S 81' of E 40' of Lot 9 and N 25' of S 81' of Lot 10 in Block 19; Parcel ID 80-59750000, described as South Clinton S 56' of E 40' of Lot 9 and S 56' of Lot 10 in Block 19; Parcel ID 80-59620000, described as South Clinton N 46' of Lots 1 and 2 in Block 19; Parcel ID 80-59650000, described as South Clinton N 70' of Lot 3 in Block 19; Parcel ID 80-59630000, described as South Clinton S 94' of Lots 1 and 2 in Block 19; Parcel ID 80-59640000, described as South Clinton S 70' of Lot 3 in Block 19; and Parcel ID 80-12000000, described as Clinton all of E Div of Block 5 EXC THAT to RR and to CL Park Board. All parcels are located within the City of Clinton, Clinton County, Iowa.
(C) It is hereby found and determined that all of the property included within the District is similarly related so that the present and potential use or enjoyment of the property is benefited by the condition, performance of administration, redevelopment, revitalization and maintenance of the District, and the owners of property in the District have a present and potential benefit from the condition, performance of administration, redevelopment, revitalization and maintenance of the District, all consistent with the requirements of Iowa Code § 386.3(1)(c).
(D) The purposes of the proposed District shall include, but not be limited to: undertaking all actions, and constructing all public improvements or self-liquidating improvements, authorized pursuant to the Act; the performance, administration and operation of the District; the growth, redevelopment and revitalization of the District to the full extent authorized by the Act, including, but not limited to, provision of snow removal, street and sidewalk clean-up, maintenance and repair of improvements, city-owned parking, parking enhancements, street lighting improvements, sidewalk enhancements, and plantings; and attracting new business and residential development to the District.
(E) The District shall be operated by and administered by the city, as governing body. A Board will be established consisting of ten members. Upon approval of the District, the city will designate a member of city staff as an adviser and represent the city on the Board as a non-voting member and an election will be held within the District to elect the remaining nine members to the Board. The nine elected Board members will be voting members and consist solely of property owners within the District, or in the case of corporations, the designated representative of the corporation. The nine voting members of the Board will elect one of the voting members to act as chairperson. The City Finance Department will administer and disburse all funds of the District as directed by the Board. The new Board will develop a committee structure and bylaws and will update the membership with public meetings for the entire membership at least semi-annually. An oversight committee, made up of property owners not currently serving on the Board, will review the goals, objectives and accomplishments of the SSMID II Board every two years, and report their conclusions to the Board and the general membership.
(F) Pursuant to the provisions of the Act, there is hereby established and created for the District a Capital Improvement Fund, an Operation, Administration and Program Fund and a Maintenance/Repair Fund with the annual allocation of the District combined tax for each fund described below, and annually levy tax known as the District combined tax, which tax shall total, but not exceed, $6 per $1,000 of taxable value of the taxable property within the District. Commencing with the fiscal year beginning July 1, 2012, the city shall levy and collect such tax and shall continue to so levy such tax for each succeeding fiscal year until June 30, 2032. In each year, after first paying or making provision for payment of principal and/or interest coming due in that year with respect to any debt incurred by the city on behalf of the District, all remaining tax funds shall be disbursed by the city, after receiving recommendations of the Board, pursuant to the District budget, to be used for the payment of part or all of the costs incurred by the District in operations, improvements, maintenance and District activities including, but not limited to, those purposes outlined in divisions (D) and (E) above. The Council shall determine each year what amount and/or percentage of the tax dollars, remaining after city debt service related to the District, shall be allocated to the three funds. No later than January 15, 2012, for the fiscal year beginning July 1, 2012, and no later than January 15 of each succeeding year during the existence of the District, the Board shall submit its recommended budget to the Council, for Council approval, and inclusion as part of the budget of the city for the year in question.
(G) The Capital Improvement Fund shall fund all public improvements and self-liquidating improvements, including debt service payments on bonds the city issues to acquire such improvements or self-liquidating improvements, to the full extent authorized pursuant to the Act. The Capital Improvement Fund may be used by the District, as authorized by the Act, and as the Council may determine, after Board recommendation. Annual budgets must allocate at least 20% of revenues to this fund.
(H) The Operation, Administration and Program Fund of the District shall fund all administration, operations and programs of the District, and may be used by the city to make payments pursuant to any contractual arrangements that may be entered into between the city and the Board pursuant to division (E) above, and as the Council may determine after Board recommendations, to the extent permitted by the Act. Annual budgets must allocate at least 20% of revenues to this fund.
(I) The Maintenance/Repair Fund shall also fund and be used for snow removal, street and sidewalk cleanup, maintenance and repair expenses of improvements, maintenance of plantings, and as the Council may determine after Board recommendations, to the extent permitted by the Act. Any unused monies in this fund may, at the discretion of the Board, be transferred to one or both of the other two funds.
(J) The taxes described in division (F) above shall be levied until June 30, 2032.
(K) Contracts implementing the purposes, improvements, actions, activities and operations of the District, outlined in but not limited by divisions (D), (E), (G), (H) and (I) above, shall be executed by and in the name of the city, as governing body, subject to such public hearing requirements and other requirements as may be imposed by law, and after consideration by the Council of the recommendations of the Board.
(Ord. 2104, passed 11-9-1999; Ord. 2465, passed 9-13-2011; Ord. 2687, passed 9-28-2021)