Chapter 30-Industrial Development Urban Renewal Area

2-30-1 PURPOSE
2-30-2 DEFINITIONS
2-30-3 PROVISIONS FOR DIVISION OF TAXES

2-30-1 PURPOSE. The purpose of this Ordinance is to provide for the division of taxes on the taxable property in the Industrial Development Urban Renewal Area of the City of Maquoketa, Iowa, each year by and for the benefit of the State, City, County, school districts or other taxing districts after the effective date of this Ordinance in order to create a special fund to pay the principal of and interest on loans, moneys advanced to or indebtedness, including bonds proposed to be issued by the City of Maquoketa to finance projects in such area.
(Ord. 727, 3-12-90)

2-30-2 DEFINITIONS. For use within this Ordinance the following terms shall have the following meanings.

“City” shall mean the City of Maquoketa, Iowa.

“County” shall meant he County of Jackson, Iowa.

“Urban Renewal Area” shall meant he Industrial Development Urban Renewal Area of the City of Maquoketa, Iowa, the boundaries of which are set out below, such area having been identified in the Urban Renewal Plan approved by the City council by resolution adopted on march 12, 1990:

All that part of the West Half of the Southwest Quarter of Section 20, Township 84 North, Range 3 East of the 5th Principal Meridian, Jackson County, Iowa, lying South of Iowa Highway No. 64.

Northeast Quarter of the Northeast Quarter of Section 30, Township 84 North Range 3 East of the 5th Principal Meridian, Jackson County, Iowa.

East Half of the Southeast Quarter of Section 19, Township 84 North Range 3 East of the 5th Principal Meridian, Jackson County, Iowa.

West Half of the Southeast Quarter of Section 19, Township 84 North Range 3 East of the 5th Principal Meridian, Jackson County, Iowa.

That part of the East half of the Southwest Quarter of Section 19, Township 84 North, Range 3 East of the 5th Principal Meridian, Jackson County, Iowa described as follows, to wit:

Commencing at the Southeast Corner of said East Half of the Southwest Quarter of Section 19; thence West to a point of intersection with the East line of Dearborn Street; thence North along said East line of Dearborn Street to a point of intersection with the North line of Locust Street; thence West 316 feet more or less to a point in the center of Clark Street; thence North 900 feet to a point 30 feet East of the Southeast corner of Lot 14, Block 9, Goodenow’s 1st Addition to the City of Maquoketa, Jackson County, Iowa; thence West 158 feet to the Southwest Corner of said Lot 14, Block 9, Goodenow’s 1st Addition; thence North 60 feet to the Northwest corner of said Lot 14, Block 9, Goodenow’s 1st Addition; thence West 168 feet to a point of 40 feet West of the Southwest Corner of Lot 2, Block 9 of Goodenow’s 1st Addition; thence North 150 feet to a point in the center of the intersection of Matteson Street and Pleasant Street in the City of Maquoketa, Iowa; thence East 169 feet to a point 30 feet South of the Southwest Corner of Lot 9, Block 2, Goodenow’s 1st Addition; thence North 225 feet; thence West 128 feet; thence South 15 feet; thence West 216 feet to the Northwest Corner of Lot 11, Block 11, Goodenow’s 1st Addition; thence North 180 feet to the Northwest Corner of Lot 14, Block1, Goodenow’s 1st Addition; thence East 216 feet to the Northwest Corner of Lot 3, Block 2, Goodenow’s 1st Addition; thence North to a point of intersection with the North Line of said East half of the Southwest Quarter of said Section 19; thence East along said North Section line to the Northeast Corner of said East Half of the Southwest Quarter of said Section 19; thence South to the point of beginning, being the Southwest Corner of said East Half of the Southwest Quarter of Section 109.
(Ord. 739, 12-26-90)

2-30-3 PROVISIONS FOR DIVISION OF TAXES. After the effective date of this Ordinance, the taxes levied on the taxable property in the Urban Renewal Area each year by and for the benefit of the State of Iowa, the City, the County and any school district or other taxing district in which the Urban Renewal Area is located, shall be divided as follows:

A. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the Urban Renewal Area, as shown on the assessment roll as of January 1, 1989, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. For the purpose of allocating taxes levied by or for any taxing district which did not include the territory in the Urban Renewal Area on the effective date of this Ordinance, but to which the territory has been annexed or otherwise included after the effective date, the assessment roll as of January 1, 1989, shall be used in determining the assessed valuation of the taxable property in the Urban Renewal Area on the effective date.

B. That portion of the taxes each year in excess of such amounts shall be allocated to and when collected be paid into a special fund of the City to pay the principal of an interest on loans, moneys advanced to or indebtedness, whether funded, refunded, assumed or otherwise, including bonds, issued under the authority of Section 403.9 (1), of the Code of Iowa, incurred by the City to finance or refinance, in whole or in part, projects in the Urban Renewal Area, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the taxing district without limitation by the provisions of this Ordinance. Unless and until the total assessed valuation of the taxable property in the Urban Renewal Area exceeds the total assessed value of the taxable property in such area as shown by the assessment roll referred to in Subsection (A) of this Section, all of the taxes levied and collected upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. When such loans, advances, indebtedness, and bonds, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property.

C. The portion of taxes mentioned in Subsection (B) of this Section and the special fund into which that portion shall be paid may be irrevocably pledged by the City of the payment of the principal and interest on loans, advances, bonds used under the authority of Section 403.9 (1) of the Code of Iowa, or indebtedness incurred by the City to finance or refinance in whole or in part projects in the Urban Renewal Area.

D. As used in this Section, the word “taxes” includes, but is not limited to, all levies on and ad valorem basis upon land or real property.
(Ord. 727, 3-12-90)

Subchapter 30A Urban Renewal Area Number Six

2-30A-1 PURPOSE
2-30A-2 DEFINITIONS
2-30A-3 PROVISIONS FOR DIVISION OF TAXES LEVIED ON TAXABLE PROPERTY IN URBAN RENEWAL AREAS

2-30A-1 PURPOSE. The purpose of this Ordinance is to provide for the division of taxes levied on the taxable property in the Maquoketa Urban Renewal Area #6, each year by and for the benefit of the State, City, County, school districts or other taxing districts after the effective date of this Ordinance in order to create a special fund to pay the principal of and interest on loans, monies advanced to or indebtedness, including bonds proposed to be issued by the City of Maquoketa to finance projects in such area.

2-30A-2 DEFINITIONS. For use within this Ordinance the following terms shall have the following meanings:

“City” shall mean the City of Maquoketa, Iowa.

“County” shall mean the County of Jackson, Iowa.

“Urban Renewal Area” shall mean the Maquoketa Urban Renewal Area #6, the boundaries of which are set out below, such area having been identified in the Urban Renewal Plan approved by the City Council by Resolution adopted on December 19, 1994.

Urban Renewal Area #6
All of Section 23 T84NR2E South of the South Fork of the Maquoketa River and that portion of Section 24 T84NR2E North of Platt Street and West of U.S. Highway 61.

2-30A-3 PROVISIONS FOR DIVISION OF TAXES LEVIED ON TAXABLE PROPERTY IN URBAN RENEWAL AREAS. After the effective date of this Ordinance, the taxes levied on the taxable property in the Urban Renewal Area each year by and for the benefit of the State of Iowa, the City, the County and any school district or other taxing district in which the Urban Renewal Area is located, shall be divided as follows:

A. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the Urban Renewal Area, as shown on the assessment roll as of January 1, 1994, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. For the purpose of allocating taxes levied by or for any taxing district which did not include the territory in the Urban Renewal Area on the effective date of this Ordinance, but to which the territory has been annexed or otherwise included after the effective date, the assessment roll as of January 1, 1994, shall be used in determining the assessed valuation of the taxable property in the Urban Renewal Area on the effective date.

B. That portion of the taxes each year in excess of such amounts shall be allocated to and when collected be paid into a special fund of the City to pay the principal of and interest on loans, monies advanced to or indebtedness, whether funded, refunded, assumed or otherwise, including bonds issued under the authority of Section 403.9 (1), of the Code of Iowa, incurred by the City to finance or refinance, in whole or in part, projects in the Urban Renewal Area, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the taxing district without limitation by the provisions of this Ordinance. Unless and until the total assessed valuation of the taxable property in the Urban Renewal Area exceeds the total assessed value of the taxable property in such area as shown by the assessment roll referred to in Subsection (A) of this Section, all of the taxes levied and collected upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. When such loans, advances, indebtedness, and bonds, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property.

C. The portion of taxes mentioned in Subsection (B) of this Section and the special fund into which that portion shall be paid may be irrevocably pledged by the City for the payment of the principal and interest on loans, advances, bonds issued under the authority of Section 403.9 (1) of the Code of Iowa, or indebtedness incurred by the City to finance or refinance in whole or in part projects in the Urban Renewal Area.

D. As used in this Section, the word “taxes” includes, but is not limited to, all levies on an ad valorem basis upon land or real property.
(Ord. 851, 1-16-95)

Subchapter 30B Maquoketa Iowa Industrial Development Urban Renewal Project Area

2-30-B-1 PURPOSE
2-30-B-2 DEFINITIONS
2-30-B-3 PROVISIONS FOR DIVISIONS OF TAXES

2-30B-1 PURPOSE. The purpose if this Ordinance is to provide for the division of taxes on the taxable property in the 1990 Maquoketa Iowa Industrial Development Urban Renewal Project Area of the City of Maquoketa, Iowa, each year by and for the benefit of the State, City, County, school districts or other taxing districts after the effective date of this Ordinance in order to create a special fund to pay the principal of and interest on loans, moneys advanced to or indebtedness, including bonds proposed to be issued by the City of Maquoketa to finance projects in such area.

2-30B-2: DEFINITIONS. For purposes of this Ordinance, the following terms shall have the following meanings:

“City” shall mean the City of Maquoketa, Iowa.

“County” shall mean the County of Jackson, Iowa.

a) Original Project Area shall mean that portion of the City of Maquoketa, Iowa described in the Urban Renewal Plan for the 1990 Maquoketa, Iowa Industrial Development Urban Renewal Area approved by Resolution No. 90-18 on March 12,1990 and amended in December 1990 and May 2000, which Original Project Area includes the lots and parcels located within the area legally described as follows:
All that part of the West Half of the Southwest Quarter of Section 20, Township 84 North, Range 3 East of the 5th Principal Meridian, Jackson County, Iowa, lying South of Iowa Highway No. 64.

Northeast Quarter of the Northeast Quarter of Section 30, Township 84 North Range 3 East of the 5th Principal Meridian, Jackson County, Iowa.

East Half of the Southeast Quarter of Section 19, Township 84 North, Range 3 East of the 5th Principal Meridian, Jackson County, Iowa.

West Half of the Southeast Quarter of Section 19, Township 84 North, Range 3 East of the 5th Principal Meridian, Jackson County, Iowa.

The part of the East Half of the Southwest Quarter of Section 19, Township 84 North, Range 3 East of the 5th Principal Meridian, Jackson County, Iowa described as follows to-wit:

Commencing at the Southeast Corner of said East Half of the Southwest Quarter of Section 19, thence West to a point of intersection with the East line of Dearborn Street; thence North along said East line of Dearborn Street to a point of intersection with the North line of Locust Street; thence West 316 feet more or less to a point in the center of Clark Street, thence North 900 feet to a point of 30 feet East of the Southeast corner of Lot 14, Block 9, Goodenow’s 1st Addition to the City of Maquoketa, Jackson County, Iowa; thence West 158 feet to the Southwest Corner of said Lot 14, Block 9, Goodenow’s 1st Addition; thence North 60 feet to the Northwest corner of said Lot 14, Block 9, Goodenow’s 1st Addition; thence West 168 feet to a point of 40 feet West of the Southwest Corner of Lot 2, Block 9, said Goodenow’s 1st Addition; thence North 150 feet to a point in the center of the intersection if Matteson Street and Pleasant Street in the City Of Maquoketa, Iowa; thence East 169 feet to a point 30 feet South of the Southwest Corner of Lot 9, Block 2, Goodenow’s 1st Addition; thence west 216 feet to the Northwest corner of Lot 11, Block 1, Goodenow’s 1st Addition; thence North 180 feet to the Northwest corner of Lot 14, Block 1, Goodenow’s 1st Addition; thence East 216 feet to the Northwest Corner of lot 3, Block 2, Goodenow’s 1st Addition; thence North to a point of intersection with the North line of said East Half of the Southwest Quarter of said Section 19; thence East along said North Section line to the Northeast Corner of said East Half of the Southwest Quarter of said Section 19; thence South to the point of beginning, being the Southeast corner of said East Half of the Southwest Quarter of Section 109”

(b) Amendment No. 2 Area shall mean that portion of the City of Maquoketa, Iowa described in Amendment No. 2 to the Urban Renewal Plan for the 1990 Maquoketa, Iowa Industrial Development Urban Renewal Area approved by Resolution No. 2000-43 on May 15,2000, which Amendment No. 2 Area includes the lots and parcels located within the area legally described as follows:

The North half of the Southwest fractional quarter and commencing at the Northwest corner of the South Half of the Southwest quarter of Section Thirty One, thence East 31 rods, thence Southwesterly to a point 13 rods South of the point of beginning; also the South Half of the northwest fractional quarter of Section Thirty One, Township Eighty Four North, Range Three East of the Fifth Principal Meridian, Jackson County, Iowa, excepting therefrom a strip 5-1/3 rods on the East side therefrom. Also excepting commencing at the Northwest corner of the South Half of the Northwest Quarter of said Section Thirty One, thence South 51 rods, thence East 90 rods, thence North 51 rods, thence West 90 rods to the place of beginning also excepting those lands acquired for the highway right of way. Also excepting Parcel “E”, in the Southwest Quarter of said Section 31, more particularly described as follows:

Commencing at the West Quarter corner of Section 31, Township 84 North, Range 3 East of the Fifth Principal Meridian, Jackson County, Iowa;

Thence North 01 degrees 29 minutes 50 seconds West, 482.87 feet along the Westerly line of the Northwest One-Quarter of said Section 31 to the Southerly line of the Northerly 51 rods of the Westerly 90 rods of the South One-Half of the Northwest One-Quarter of said Section 31;

Thence North 89 degrees 07 minutes 08 seconds East, 60.00 feet along the said Southerly line of the Northerly 51 rods of the Westerly 90 rods to the Easterly right of way line of former primary road No. U.S. 61 and the point of beginning;

Thence North 89 degrees 07 minutes 08 seconds East, 1425.00 feet along said Southerly line of the Northerly 51 rods of the Westerly 90 rods; to the Easterly line of said northerly 51 rods of the Westerly 90 rods;

Thence North 01 degrees 29 minutes 50 seconds West, 813.84 feet along said Easterly line of the Northerly 51 rods of the Westerly 90 rods to the Southwesterly right of way line of relocated U.S. Highway No. 61;

Thence-South 74 degrees 15 minutes 19 seconds East, 185.46 feet along said Southwesterly right of way line;

Thence South 62 degrees 08 minutes 27 seconds East, 438.88 feet along said Southwesterly right of way line;

Thence South 52 degrees 29 minutes 52 seconds East, 279.39 feet along said Southwesterly right of way line;

Thence South 33 degrees 32 minutes 33 seconds East, 378.40 feet along said Southwesterly right of way line to the Westerly line of the East 5-1/3 rods of the Southeast One-Quarter of the Southwest One-Quarter of said Section 31;

Thence South 01 degrees 48 minutes 43 seconds East, 1861.78 feet along said Westerly line of the East 5-1/3 rods to the Southerly line of the North One-Half of the Southwest One-Quarter of said Section 31;

Thence South 88 degrees 59 minutes 54 seconds West, 1858.73 feet along said Southerly line of the North One-Half of the Southwest One-Quarter to the Easterly line of Parcel “E” in the Southwest One-Quarter of said Section 31;

Thence North 01 degrees 29 minutes 50 seconds West, 924.94 feet along said Easterly line of Parcel “E” to the Northerly line of said parcel “E”;

Thence South 89 degrees 07 minutes 13 seconds West 534.06 feet to the Easterly right of way line of former primary road No. U.S. No. 61;

Thence North 01 degrees 29 minutes 50 seconds West, 230.29 feet along said Easterly right of way line;

Thence North 23 degrees 17 minutes 55 seconds West, 53.85 feet along said Easterly right of way line ;

Thence North 01 degrees 29 minutes 50 seconds West, 584.87 feet along said Easterly right of way line to the point of beginning.

Full right-of-way for old Highway 61 from the city limits south to interchange of old Highway 61 and new Highway 61.

(c) Amendment No. 3 (also known as 2000 Amendment No. 2) Area shall mean that portion if the City of Maquoketa, Iowa described in Amendment No. 3 to the Urban Renewal plan for the 1990 Maquoketa, Iowa Industrial Development Urban Renewal Area approved by Resolution No. 2000-76 on September 5, 2000, which Amendment No. 3 Area includes the lots and parcels located within the area legally described as follows:

A. Route of the 12”-16” water main loop. The proposed water main will connect to the existing 12’ water main at the west side of water tower in S. Vermont St. It will then turn east along Washington St. to S. 5th St., a distance of 800 feet. It will then go south along S. 5th St. a distance of 500 feet. It will then turn west for 150 feet into property owned by the Maquoketa School District (Maquoketa High School property). It will then go south 1000 feet in the Maquoketa School District property. It will then go east 150 feet to S. 5th St. It will then go south 500 feet along S. 5th St. to the south line of the NW ¼ of Section 25, T84N, R2E of the 5th Principal Meridian. It will then go east 1300 feet along the south line of the NW ¼ of Section 25, T84N, R2E of the 5th Principal Meridian to South Main Street (Jackson County 200th Avenue). It will then follow S. Main St. south to 17th Street (Jackson County), approximately 2600 feet. It will then follow 17th St. east to 211th St., approximately 2600 feet. It will then follow 211th St. south approximately 1100 feet. The water main will then continue south along the east line of the SE ¼ of the NW ¼ of Section 31, T84N, R3E of the Fifth Principal Meridian to the east line of the US Highway 61 Right of Way, approximately 400 feet. It will then cross the Highway 61 Right-of-Way in a normal (perpendicular) direction to the highway and enter the Highway 61 Industrial Park, a distance of approximately 350 feet.

B. The Hainstock Golf Course. The golf course is described as follows: Parcel NE part of the NE SW lying N of Road, consisting of 7 acres; NW SE consisting of 36.79 acres; SW SE excluding Parcel “E” in survey 1J-123, consisting of 20.73 acres; abandoned railroad ROW W ½ SE excepting that part of parcel “E” in survey 1J-123, consisting of 5.29 acres; NW NE excepting parcels “C” and “D” in survey 1J-124,consisting of 26.98 acres; parcel “D” NW NE in survey 1J-124, consisting of 2.64 acres; parcel “B” SW SE in survey 1I-141 consisting of 18.47 acres; and the east 600’ of the west 1128’ of the north 500’ and east 40’ of the west 528’ of SW SE;

Except for the following, which will comprise the Timber City Golf Housing Development, a housing subdivision and a separate tax-increment-financing district of its own:

TIMBER CITY GOLF ADDITION LEGAL DESCRIPTION
A part of the SE ¼ of Section 30, Township 84 North, Range 3 East of the 5th Principal Meridian, Jackson County, Iowa described as follows:

Commencing as a point of reference at the S ¼ corner of said Section 30; Thence N0124’49”W along the west line of said SE ¼, 194.96 feet to the point of beginning;
Thence N0124’49” along said west line, 423.29 feet;
Thence N9000’00”E, 6.63 feet;
Thence NE-ly along an arc of 115.56 feet of a 175.74 foot radius curve to the right having a chord distance if 113.49 feet bearing N1757’33”E;
Thence N3647’50”e, 161.90 feet to the point of beginning;
Thence NE-ly along an arc of 21.48 feet of a 109.74-foot radius curve to the left having a chord distance of 21.45 feet bearing N3111’23”E;
Thence N2534’55”E, 65.12 feet;
Thence NE-ly along an arc of 161.50 feet of a 380.25-foot radius curve to the right having a chord distance of 160.28 feet bearing N3744’58”E;
Thence N4143’15”W, 156.02 feet;
Thence N2705’27”W, 47.27 feet;
Thence N0640’06”W, 82.62 feet;
Thence N0556’09”E, 215.88 feet;
Thence N1740’40”W, 205.02 feet;
Thence N4201’03”E, 140.88 feet;
Thence S6243’29”E, 341.97 feet;
Thence S2927’07”E, 356.11 feet;
Thence S3855’53”E, 260.09 feet;
Thence S14 degrees, 30’15”E, 205.46 feet;
Thence S80 degrees, 48’08”W, 250.80 feet;
Thence S72 degrees, 29’32”W, 197.12 feet;
Thence S58 degrees, 55’53”W, 250.80 feet;
Thence N26 degrees, 09’05”W, 109.26 feet;
Thence N53 degrees, 12’10”W, 66.00 feet to the point of beginning containing 11.08 acres.

C. The Marvin Heneke Farm. The farm is described as follows: The S ½ SW ¼, and all that part if the SW ¼ Se ¼ lying West of the center of the Public Road, all in Section 31, Township 84 North, Range 3 East of the 5th P.M., Jackson County, Iowa, EXCEPTING the following to-wit: Commencing at the Northwest corner of the SW ¼ SW ¼ of said Section 31; thence East 31 rods; thence southwest to a point 13 rods south of the place of beginning; thence North to the place of beginning; AND EXCEPT beginning at the Southwest corner of the SW ¼ of Section 31; thence 450’ North; thence 200’ East; thence 450’South; thence200” East to the point of beginning; AND EXCEPT a parcel of land located in the SE ¼ SW ¼ and the SW ¼ Se ¼; All in Section 31, Township 84 North, Range 3 East of 5th P.M.

D. Route of MMEU”s electrical line for its loop to the site. The interconnection point for the new electrical power lines will be in the proximity of the intersection of Myatt Drive (184th Ave) and 17th Street. The electrical lines will then proceed southward in the right-of-way of 184th Ave until it reached 1st Street (the Jackson-Clinton County Line Road.) The electrical lines will turn eastward on 1st street and head east using the right-of-way of 1st Street until the lines touch the Marvin Heneke Farm. MMEU will also use parts of the existing TIF district, especially the right-of-way of 200th Ave (Old Hwy 61) and other parts within the area in Amendment #2, including the right-of-way of the 1st Street that abuts the south boundary of the Heneke Farm.

(d) Amended project Area shall mean that portion of the City of Maquoketa, Iowa included within the Original project Area and the Amendment No. 2 Area and the Amendment No. 3 Area, which Amended project Area includes the lots and parcels located within the area legally described as follows:

All that part of the West Half of the Southwest Quarter of Section 20, Township 84 North, Range 3 East of the 5th Principal Meridian, Jackson County, Iowa, lying South of Iowa Highway No. 64.

Northeast Quarter of the Northeast Quarter of Section 30, Township 84 North, Range 3 East of the 5th Principal Meridian, Jackson County, Iowa.

East Half of the Southeast Quarter of Section 19, Township 84 North, Range 3 East of the 5th Principal Meridian, Jackson County, Iowa.

West Half of the Southeast Quarter of Section 19, Township 84 North, Range 3 East of the 5th Principal Meridian, Jackson County, Iowa.

The part of the East Half of the Southwest Quarter of Section 19, Township 84 North, Range 3 East of the 5th Principal Meridian, Jackson County, Iowa described as follows to0wit:

Commencing at the Southeast Corner of said East Half of the Southwest Quarter of Section 19, thence West to a point of intersection with the East line of Dearborn Street; thence North along said East Line of Dearborn Street to a point of intersection with the North line of Locust Street; thence West 316 feet more or less to a point in the center of Clark Street, thence 900 feet to a point 30 feet East of the Southeast corner of Lot 14, Block 9, Goodenow’s 1st Addition to the City of Maquoketa, Jackson County, Iowa; thence North 60 feet to the Northwest Corner of said Lot 14, Block 9, Goodenow’s 1st Addition; thence West 168 feet to a point in the center if the intersection of Matteson Street and Pleasant Street in the City of Maquoketa, Iowa; thence East 169 feet to a point 30 feet south of the Southwest Corner of Lot 9, Block 2, Goodenow’s 1st Addition; thence North 225 feet; thence West 128 feet; thence South 15 feet, thence west 216 feet to the Northwest Corner of Lot 11, Block 1, Goodenow’s 1st Addition; thence North 180 feet to the Northwest corner of Lot 14, Block 1, Goodenow’s 1st Addition; thence East 216 feet to the Northwest corner of Lot 3, Block 2, Goodenow’s 1st Addition; thence North to a point of intersection with the North line of said East Half of the Southwest Quarter of said Section 19; thence East along said North Section line to the Northeast corner of said East Half of the Southwest Quarter of said Section 19; thence South to the point of beginning, being the Southeast corner of said East Half of the Southwest Quarter of Section 109”

The North half of the Southwest fractional quarter and commencing at the Northwest corner of the South Half of the South Half of the southwest Quarter of Section Thirty One, thence East 31 rods, thence Southwesterly to a point 13 rods South of the point of beginning, thence North 13 rods to the place of beginning; also the South Half of the Northwest fractional quarter of Section Thirty One, Township Eighty Four North, Range Three East of the Fifth Principal Meridian, Jackson County, Iowa, excepting therefrom a strip 5-1/3 rods on the East side therefrom. Also excepting commencing at the Northwest corner of the South Half of the Northwest Quarter of said Section Thirty One, thence South 51 rods, thence East 90 rods, thence North 51 rods, thence West 90 rods to the place of beginning also excepting those lands acquired for highway right of way. Also excepting Parcel “E”, in the Southwest Quarter of said Section 31, more particularly described as follows:

Commencing at the West Quarter corner of Section 31, Township 84 North, Range 3 East of the Fifth Principal Meridian, Jackson County, Iowa;

Thence North 01 degrees 29 minutes 50 seconds West, 482.87 feet along the Westerly line of the Northwest One-Quarter of said Section 31 to the Southerly line of the Northerly 51 rods of the Westerly 90 rods of the South One-Half of the Northwest One-Quarter of said Section 31;

Thence North 89 degrees 07 minutes 08 seconds East, 60.00 feet along the said Southerly line of the Northerly 51 rods of the Westerly 90 rods; to the Easterly right of way line of former primary road No. U.S. 61 and the point of beginning;

Thence North 89 degrees 07 minutes 08 seconds East, 1425.00 feet along said Southerly line of the Northerly 51 rods of the Westerly 90 rods; to the Easterly line of said Northerly 51 rods of the Westerly 90 rods;

Thence North 01 degrees 29 minutes 50 seconds West, 813.84 feet along said Easterly line of the Northerly 51 rods of the Westerly 90 rods to the Southwesterly right of way line relocated U.S. Highway No. 61;

Thence South 74 degrees 15 minutes 19 seconds East, 185.46 feet along said Southwesterly right of way line;

Thence South 62 degrees 08 minutes, 27 seconds East, 438.88 feet along said Southwesterly right of way line;

Thence South 52 degrees 29 minutes, 52 seconds East, 279.39 feet along said Southwesterly right of way line;

Thence South 33 degrees 32 minutes 33 seconds East, 378.40 feet along said Southwesterly right of way line to the Westerly line of the East 5-1/3 rods of the Southeast One-Quarter of the Northwest One-Quarter and Northeast One-Quarter of the Southwest One-Quarter of said Section 31;

Thence South 01 degrees 48 minutes 43 seconds East, 1861,78 feet along said Westerly line of the East 5-1/3 rods to the Southerly line of the North One-Half of the Southwest One-Quarter of said Section 31,

Thence South 88 degrees 59 minutes 54 seconds West, 1858.73 feet along said Southerly line of the North One-Half of the Southwest One-Quarter to the Easterly line of Parcel “E” in the Southwest One-Quarter of said section 31;

Thence North 01 degrees 29 minutes 50 seconds West, 924.94 feet along said Easterly line of Parcel “E” to the Northerly line of said Parcel “E”;

Thence South 89 degrees 07 minutes 13 seconds West 534.06 feet to the said Easterly right of way line of former primary road No. U.S. 61;

Thence North 01 degrees 29 minutes 50 seconds West, 230.29 feet along said Easterly right of way line;

Thence North 23 degrees 17 minutes 55 seconds West, 53.85 feet along said Easterly right of way line;

Thence North 01 degrees 29 minutes 50 seconds West, 584.87 feet along said Easterly right of way line to the point of beginning.

Full right-of –way for old Highway 61 from the City limits south to interchange of old Highway 61 and new Highway 61.

A. Route of the 12”-16” water main loop. The proposed water main will connect to the existing 12” water main at the west side water tower in S. Vermont St. It will then go south on S. Vermont St. to Washington St., a distance of 400 feet. It will then turn east along Washington St. to 5th St., a distance of 800 feet. It will then go south along S. 5th St. a distance of 500 feet. It will then turn west for 150 feet into property owned by the Maquoketa School District (Maquoketa High School property). It will then go south 1000 feet in the Maquoketa School District property. It will then go east 150 feet south to S. 5th St. It will then go south 500 feet along S. 5th St. to the south line of the NW ¼ of Section 25, T84N, R3E of the 5th Principal Meridian. It will then go east 1300 feet along the south line of the NW 1/4 of Section 25, T84N, R3E of the 5th Principal Meridian to South Main St. south to 17th Street (Jackson County 200th Avenue) It will then follow S. Main St. south to 17th Street (Jackson County), approximately 2600 feet. It will follow 17th St. east to 211th St., approximately 2600. It will then follow 211th St. south approximately 1100 feet, The water main will continue south along the east line of the SE ¼ of the NW ¼ of Section 31, T84N, R3E of the 5th Principal Meridian to the east line of the US Highway 61 Right-of-way, approximately 400 feet. It will then cross the Highway 61 Right-of-way in a normal (perpendicular) direction to the highway and enter the Highway 61 Industrial Park, a distance of approximately 350 feet.

B. The Hainstock Golf Course. The golf course is described as follows: Parcel NE part if the NE SW lying N of Road, consisting of 7 acres; NW SE consisting of 36.79 acres; SW SE excluding parcel “E” in Survey 1J-123, consisting of 20.73 acres; abandoned railroad ROW W ½ SE excepting that part of parcel “E” in survey 1L-123, consisting of 5.29 acres; NW NE excepting parcels “C” and “D” in survey 1J-124, consisting of 2.64 acres; parcel “B” SW SE in survey 1I-141, consisting of 18.47 acres; and the east 600’ of the west 1128’ of the north 500’ and east 40’ of the west 528’ of SW SE;

Except for the following, which will comprise the Timber City Golf Housing Development, a housing subdivision and a separate tax-increment-financing district of its own:

TIMBER CITY GOLF ADDITION LEGAL DESCRIPTION

A part of the SE ¼ of Section 30, Township 84 North, Range 3 East of the 5th Principal Meridian, Jackson County, Iowa described as follows:

Commencing as a point of reference at the S ¼ corner of said Section 30; Thence N0124’49”W along the west line of said SE ¼, 194.96 feet to the point of beginning;
Thence N0124’49”W along said west line, 423.29 feet;
Thence 9000’00”E, 6.63 feet;
Thence NE-ly along an arc of 115.56 feet of a 175.74-foot radius curve to the right having a chord distance of 113.49 feet bearing N1757’33”E;
Thence N36 47’50”E, 161.90 feet to a point if beginning;
Thence NE-ly along an arc of 21.48 feet of a 109.74-foot radius curve to the left having a chord distance of 21.45 feet bearing N3111’23”E;
Thence N2534’55”E, 65.12 feet;
Thence NE-ly along an arc of 161.50 feet of a 380.25-foot radius curve to the right having a chord distance of 160.28 feet bearing N3744’58”E;
Thence N4143’15”W, 156.02 feet;
Thence N27 05’27”W, 47.27 feet;
Thence N0640’06”W, 82.62 feet;
Thence N0556’09”E, 215.88 feet;
Thence N1740’40”W, 140.88 feet;
Thence N4201’03”E, 341.97 feet;
Thence S2927’07”E, 356.11 feet;
Thence 3855’53”E, 260.09 feet;
Thence S14 degrees, 30’15”E, 205.46 feet;
Thence S80 degrees, 48’08”W, 250.80 feet;
Thence S72 degrees, 29’32”W, 197.12 feet;
Thence S58 degrees, 55’53”W, 250.80 feet;
Thence N26 degrees, 09’05”W, 109.26 feet;
Thence N53 degrees, 12’10”W, 66.00 feet to the point of beginning containing 11.08 acres.

C. The Marvin Heneke Farm. The farm is described as follows: The S ½ SW ¼, and all that part of the SW ¼ SE ¼ lying West of the center of the Public Road, all in Section 31, Township 84 North, Range 3 East of the 5th P.M., Jackson County, Iowa, EXCEPTING the following to-wit: Commencing at the Northwest corner of the SW ¼ SW ¼ of said Section 31; thence East 31 rods; thence Southwest to a point of 13 rods South of the place of beginning; thence North to the place of beginning; AND EXCEPT beginning at the Southwest corner of the SW ¼ of Section 31; thence 450’ North; thence 200’ East; thence 450’ South; thence 200 East to a point of beginning; AND EXCEPT a parcel of land located in the SE ¼ SW ¼ and the SW ¼ SE ¼; All in Section 31, Township 84 North, Range 3 East of the 5th P.M.

D. Route of MMEU’s electrical line for it’s loop to the site. The interconnection point for the new electrical power lines will be in the proximity of the intersection of Myatt Drive (184th Ave) and 17th St Street. The electrical lines will then proceed southward in the right of way of 184th Ave until it reaches 1st Street (the Jackson Clinton County Line Road.) The electrical lines will turn eastward on 1st Street and head east using the right-of-way of 1st Street until the lines touch at the Marvin Heneke Farm. MMEU will also use parts of the existing TIF district, especially the right-of-way of 200th Ave (Old Hwy 61) and other parts within the area in Amendment #2, including the right of way of the 1st Street that abuts the south boundary of the Heneke Farm.

2-30B-3 PROVISIONS.

A. The taxes levied on the taxable property in the Amended Project Area, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Maquoketa, County of Jackson, Maquoketa Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided.

B. As to the Original Project Area, that portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the original Project Area upon the total sum of the assessed value of the taxable property in the Original Project Area as shown on the assessment roll as of January 1,1989, being the first day of the calendar year preceding the effective date of Ordinance Nos. 727 and 739, shall be allocated to and when collected be paid in to the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. The taxes so determined shall be referred herein as the “base period taxes” for such area.

As to Amendment No. 2 Area, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1999, being the assessment roll applicable to property in such area as January 1 of the calendar year preceding the effective date of Ordinance No. 935.

As to Amendment No. 3 Area, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll applicable to property in such area as of January 1 of the calendar year preceding the effective date of this Ordinance No. 935.

C. : That portion of the taxes each year in excess of the base period taxes for the Amended Project Area, determined for each sub-area thereof as provided in Section 3 of this Ordinance, shall be allocated to and when collected be paid into the special tax increment fund previously established by the City of Maquoketa to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, including bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa, incurred by the City of Maquoketa, Iowa to finance or refinance, in whole or part, urban renewal projects undertaken within the Amended Project Area pursuant to the Urban Renewal Plan, as amended, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Amended Project Area without any limitations as hereinabove provided.

D. Unless or until the total assessed valuation of the taxable property in the areas of the Amended Project Area exceeds the total assessed value of the taxable property in said areas shown by the assessment rolls referred to on Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Amended project Area shall be paid into the funds for the respective taxing districts in the same manner as all other property taxes.

E. : At such time as the loans, monies advanced, bonds and interest thereon and indebtedness of the City of Maquoketa referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property.

All Ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to continue the division of taxes from property within the Original Project Area under the provisions of Section 403.19 of the Code of Iowa, as authorized in Ordinance No. 935, and to fully implement the provisions of Section 403.19 of the Code of Iowa with respect the division of taxes from property within the Amendment No. 1 Area as described above. In the event that any provision of this Ordinance shall be determined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to full invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Amended Project Area and the territory contained therein.

(Ord. No. 942, 10-02-00)

Subchapter 30C West Platt Street Urban Renewal Project Area

2-30C-1 PURPOSE
2-30C-2 DEFINITIONS
2-30C-3 PROVISIONS FOR DIVISIONS OF TAXES

2-30C-1 PURPOSE. The purpose of this Ordinance is to provide for the division of taxes on the taxable property in the West Platt Street Urban Renewal Project Area of the City of Maquoketa, Iowa, each year by and for the benefit of the State, City, County, school districts or other taxing districts after the effective date of this Ordinance in order to create a special fund to pay the principal of and interest on loans, monies advanced to or indebtedness, including bonds proposed to be issued by the City of Maquoketa to finance in such area.

2-30C-2 DEFINITIONS. For use within this Ordinance the following terms shall have the following meanings.

“City” shall mean the City of Maquoketa, Iowa.

“County” shall mean the County of Jackson, Iowa.

URBAN RENEWAL AREA: COMMERCIAL
PROPERTY DESCRIPTIONS

1. DIRK MARCUCCI- 18298 HWY 64

Commencing at the Southeast Corner of the Northeast Quarter of Section 23, Township 84 North, Range 2 East of the Fifth Principal Meridian; thence North 33 feet to the point of beginning; thence North 201 feet along the Section Line; thence West 165.7 feet; thence South 201 feet; thence East 165.7 feet to the point of beginning, containing .76 acres, more or less.

Subject to Easements of record, including but not limited to the Easements recorded in Book NN, page 96 and 98; and also subject to the rights of the Public in all highways.

Part of the SE ¼ NE ¼ of Sec. 23, T84N, R2E of the 5th P.M. in the City of Maquoketa, Jackson County, Iowa,

Beginning at the E ¼ corner of the said Sec. 23; thence S 8926’50”W, 165.59 ft. (165.70 ft. record) along the south line of the NE ¼ of said Sec. 23; thence N 0039’35”W, 53.14 ft; thence N 7848’46”E, 115.72 ft; thence N 8347’28”E, 52.97 ft. to the east line to the Point of Beginning; containing 11,290sq.ft., of which 8,168sq.ft. are within existing road right of way.

Basis of Bearings: The south line of the NE ¼ of said Sec. 23 is assumed to bear S8926’50”W for the purpose of this description.

And:

Commencing at the E ¼ Corner of said Sec. 23; thence N0000’24”W, 172.54ft. along the east line of the NE ¼ of said Sec. 23, to the Point of Beginning; thence N1805’09”W, 64.45ft.; thence N8926’50”E, 20.00ft. to the said east line; thence S0000’24”E, 61.46 ft. along said east line, to the Point of Beginning; containing 615sq.ft.

Basis of Bearings: The east line of the NE ¼ of Said Sec. 23 is assumed to bear N0000’24”W for the purpose of this description.

2. JEANETTE MESSERLI – 18343 HWY 64

The West half of Northwest Quarter of the Southwest Quarter of Section Twenty Four; and commencing at the Northeast Corner of land formerly owned by E.K. Wesner, which was conveyed to him by Robert Williams and wife, December 12,1989, and which Deed is recorded in Deed Records of Jackson County, Iowa, in Book 55, Page 363; and running thence East to the corner of Section Twenty Four; thence South on the West side of Section 24 to the Corner of the Northwest Quarter of the Southwest Corner of said Section 24; thence West to the land so sold to said E.K. Wesner; thence North along the line of said E.K. Wesner’s land to the place of beginning, and being in Township Eight Four North, Range Two, East of the Fifth Principal Meridian, Jackson County, Iowa, consisting of 29 acres, more or less.

EXCEPTING THEREFROM 6.1 acres condemned for Highway purposes in Book J, Page 523.

SUBJECT to Easements of Record, Rights of the public in All Highways, and Access Agreements, if any.

2. PATTY J. MCNABB AND MONA K. REICHLING – 1021 WEST PLATT

There is no actual consideration for this transfer and therefore it is exempt from tax transfer tax and the filing of a Declaration of Value.

The Following described real estate, situated in Jackson County, Iowa, towit:

The West One-Half (W ½) of the East One-Half (E ½) of the Northwest Quarter (NW ¼) of the Southwest Quarter (SW ¼); also conveying the North three-fourths (N ¾) of the East One-half (E ½) of the East One-half (E ½)of the Northwest Quarter (NW ¼) of the Southwest Quarter (SW ¼); all in Section Twenty Four (24) Township Eight-four (84) North, Range Two (2), East of the Fifth Principal Meridian. (Warranty Deed recorded in Book 91, Page 176.)

EXCEPTING THEREFROM a parcel of land conveyed to “First Methodist Episcopal Church of Maquoketa, Iowa”, a Corporation, by Warranty Deed dated March 21,1958, and recorded March 28,1958, in Book 94, Page 51, described as:

A parcel of land in the Northwest Quarter (NW ¼) of the Southwest Quarter (SW ¼) of Section Twenty Four (24), Township Eight-Four (84) North, Range Two (2) East of Fifth Principal Meridian, in the City of Maquoketa, Jackson County, Iowa, more particularly described as follows:

Commencing at a point on the center line of West Platt Street, 300 feet West of the West line of Western Avenue, according to Official Recorded Plat of the City if Maquoketa, Jackson County, Iowa; thence South 825 feet to the point of beginning; thence West 655 feet to the East Boundary Line of the Hamilton Property; thence South 495 feet, thence East 330 feet; thence North 330 feet; thence East 330 feet; thence North 165 feet to the point of beginning, containing 5 acres, more or less.

And Also EXCEPTING THEREFROM the premises conveyed to the Iowa State Highway Commission, by Warranty Deed recorded June 7,1966, in Book 104, Page 100m of the records in the Office of the Recorder of Jackson County, Iowa.

4. GLENN J. & LOIS J, KARPINSKE

The West Half of the Northwest Quarter of the Northeast Quarte of the Southwest Quarter of Section 24,Township 84 North, Range 2 East of the 5th Principal Meridian, Jackson County, Iowa, except the East 30 feet thereof; which is half of the Western Avenue; also excepting the following:

Commencing at a point on the West line of Western Avenue 300 feet south of the centerline of West Platt Street; thence West 120 feet; thence South 360 feet; thence East 120 feet to the West line of Western Avenue; thence North along the West line of Western Avenue to the point of beginning.

Also excepting 2976 square feet conveyed to the State of Iowa for highway purposes, by Warranty Deed recorded in Book 103, Page 541.

Also excepting a part of the West Half of the Northwest quarter of the Northeast Quarter of the Southwest Quarter of Section 24, Township 84 North, Range 2 East of the Fifth Principal Meridian, in the City of Maquoketa, Jackson County, Iowa, more particularly described as follows:

Commencing at a point of reference at the West Quarter Corner of said Section 24; thence North 90 degrees 00 minutes 00 seconds East 1589.20 feet along the North line of Southwest Quarter of said Section 24 to a point of intersection with the westerly right of way extended of Western Avenue; thence South 1 degrees 17minutes 12 seconds West 33.01 feet to the point of beginning; thence South 1 degrees 17 minutes 112 seconds West 267.30 feet along the Westerly right of way line of Western Avenue to the North line of the tract described in Warranty Deed Book 141 Page 160 in the Jackson County Recorder’s Office; thence North 89 degrees 42 minutes 08 seconds West 160.00 feet; thence north 1 degree 17 minutes 12 seconds East 266.47 feet to a point of intersection with the Southerly right of way line of Platt Street (also Iowa Highway No.64.); thence North 90 degrees 00 minutes 00 seconds East 160.00 feet along said right of way line to the point of beginning.
The area of the above described exception is 0.980 acres more or less and is subject to easements of record.

5-6 ROTMAN MOTORS – 921 WEST PLATT STREET

Lots 1,2 and 3 in Thomas Subdivision of the West Half of the East 10 acres of the West Half of the Northeast Quarter of the Southwest Quarter of Section 24 in Township 84 North, Range 2 Ease of the 5th P.M.; in the City of Maquoketa, Jackson County, Iowa and according to the Plat recorded in Book T, page 315, Deed Records of Jackson County, Iowa.

This Deed, without actual consideration, confirms and supplements that certain Deed from Rotman and Rotman, a partnership, to Carl J. Rotman, as Trustee under the Declaration of Trust dated April 3, 1997, said Deed dated October 5, 1998 and filed October 6, 1998 as File No. 98-3629 in the Office of the Jackson County Recorder; and therefore, this Deed is exempt from real estate of transfer tax and the filing of a Declaration of Value and Groundwater Hazard Statement pursuant to Section 428A.2(10) of the Code of Iowa.

7-8 ROTMAN MOTORS – 913 WEST PLATT STREET

The East five (5) acres of the West Half (W ½) of the Northeast Quarter
(NE ¼) of the Southwest Quarter (SW ¼) of Section Twenty- four (24), Township Eight- Four (84) North, Range Two (2) East of the 5th Principal Meridian, Jackson County, Iowa, excepting therefrom the South 900 feet thereof.

9. ROTMAN MOTORS – 913 WEST PLATT

The West 163 feet if the North 300 feet of Green Acres Subdivision of Out Lot 54 in the City of Maquoketa, Jackson County, Iowa; subject to easements of record, including the easement reserved by the City of Maquoketa in the Quit Claim Deed dated March 5, 1990 recorded in Book 156 at Page 168.

10 FASTRAKS, INC. – 916 W PLATT STREET
11
12

TRACT 1

Commencing at the Southwest corner of the following described real estate, to-wit:

The East 7/16 of the East Half of the Northwest Quarter of Section 24. Township 84 North, Range 2, East of the 5th Principal Meridian; Jackson County, Iowa, except the East 10 acres thereof, subject to public highways and easements of record, thence north on the West line thereof 143 feet, thence East 75 feet, thence South 143 feet to the South line of the above described premises, thence West along said South line 75 feet to the place of beginning.

Subject to and reserving all rights of easements of record.

TRACT II

Commencing at the Southwest corner of the following described real estate, to-with:

The East seven sixteenths of the east Half of the Northwest Quarter of Section 24, Township 84 North, Range 2, East of the 5th Principal Meridian, Jackson County, Iowa, except the East 10 acres thereof:

Thence North on the West line thereof 143 feet to the point of beginning, thence North along said West line 100 feet, thence East 150 feet, thence South 100 feet, thence West 150 feet to the point of beginning.

The above described real estate may also be described as Lot 46 as shown on the plat of River Front Addition to the City of Maquoketa, Jackson County, Iowa; said Palt being recorded September 26, 1967 in Plat Book 1A, Page 165.

TRACT III

Commencing at the Southwest Corner of the Northwest Quarter of Section 24, Township 84 North, Range 2 East of the 5th Principal Meridian, Jackson County, Iowa, thence East on the south line thereof 2035.6 feet; thence north 502.1 feet along the East line of the following described real estate to with:

The West 10 acres of the East 45 acres of the East Half to the Northwest Quarter of Section 24, Township 84 North, Range 2, East of the 5th Principal Meridian, Jackson County, Iowa, excepting therefrom all that part thereof being and lying North of the Maquoketa River; to a point, said point being the Southeast Corner of survey by J.G. Thorne dated November 28, 1069 and recorded in Book 1-B, Page 143 in the Office of the Jackson County Recorder, thence West along the South line of said survey 170 feet, thence South 265 feet to the point of beginning, thence South 204.1 feet, thence East 170 feet, thence North 356.1 feet, thence Southwesterly to the point of beginning.

WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of Maquoketa, Iowa in the future to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan; and

WHEREAS, the City Council of the City of Maquoketa, Iowa desires to provide for the division of revenue from taxation in the Urban Renewal Project Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended.

2-30C-3 PROVISIONS OF DIVISIONS. After the effective date of this Ordinance, the taxes levied on the taxable property in the Urban Renewal Area each year by and for the benefit of the State of Iowa, the City, the County and any school district or other taxing district in which the Urban Renewal Project Area is located, shall be divided as follows:

A. That the taxes levied on the taxable property in the Urban Renewal Project Area legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Maquoketa, County of Jackson, Maquoketa Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided.

B. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the Urban Renewal Project Area, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City of Maquoketa certifies to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the division of property tax revenue described herein, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid.

C. That portion of the taxes each year in excess of the base period taxes determined as provided in Section 2 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Maquoketa, Iowa hereby established, to pay the principal of and interest in loans, monies advanced to indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of section 403.9 or 403.12 of the Code of Iowa, as amended, incurred, by the City of Maquoketa, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Project Area pursuant to the Urban Renewal Plan, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Urban Renewal Project Area without any limitation as herein above provided

D. Unless or until the total assessed valuation of the taxable property in the Urban Renewal Project Area exceeds the total assessed value of the taxable property in the Urban Renewal Project Area as shown by the assessment roll referred to in Section 2 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Urban Renewal Project Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes.

E. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Maquoketa, Iowa referred to in Section 3 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Urban Renewal Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property.

All Ordinances or parts of ordinances in conflict with the provisions of this Ordinance are intended and shall be construed so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the Urban Renewal Project Area as described above. In the Event that any provision if this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Urban Renewal Project Area and the territory contained therein.

(Ord. No. 933, 5-8-01)

Subchapter 30D Hainstock Housing Development Project Urban Renewal Project Area

2-30D-1 PURPOSE
2-30D-2 DEFINITIONS
2-30D-3 PROVISIONS FOR DIVISION OF TAXES

2-30D-1 PURPOSE. The purpose of this Ordinance is t oprovide the division of taxes on the taxable property in the Hainstock Housing Development project Urban Renewal Project Area of the City of Maquoketa, Iowa each year for the benefit of the State, City, County, school districts and other taxing districts after the effective date of this Ordinance in order to create a special fund to pay the principal of and interest on loans, moneys advanced to or indebtedness, including bonds proposed to be issued by the City of Maquoketa to finance projects in such area.

2-30d-2 DEFINITIONS. For the use within this Ordinance the following terms shall have the following meanings.

“City” shall mean the City of Maquoketa, Iowa

“County shall mean the County of Jackson, Iowa

HAINSTOCK HOUSING DEVELOPMENT AREA

Legal Description of the Timber City Golf Addition Housing Subdivision:

A part of the Se ¼ of Section 30, Township 84 North, Range 3 East of the 5th Principal Meridian, Jackson County, Iowa described as follows:

Commencing as a point of reference at the S ¼ corner of said Section 30;
Thence N0124’49”W along the west line of said SE ¼, 194.96 feet to the point of beginning;
Thence N0124’49”W along the west line, 423.29 feet;
Thence N9000’00”E, 6.63 feet;
Thence NE-ly along an arc of 115.56 feet of a 175.74-foot radius curve to the right having a chord distance of 113.49 feet bearing N1757’33”E;
Thence N3647’50”E, 161.90 feet tot the point of beginning;
Thence NE-ly along an arc of 21.48 feet of a 109.74-foot radius curve to the left having a chord distance of 21.45 feet bearing N3111’23”E;
Thence N2534’55”E, 65.12 feet;
Thence NE-ly along an arc of 161.50 feet of a 380.25- foot radius curve to the right having a chord distance of 160.28 feet bearing N3744’58”E;
Thence N4143’15”W, 156.02 feet;
Thence N2705’27”W, 47.27 feet;
Thence N0640’06”W, 82.62 feet;
Thence N0556’09”E, 215.88 feet;
Thence N1740’40”W, 205.02 feet;
Thence N4201’03”E, 140.88 feet;
Thence S6243’29”E, 341.97 feet;
Thence S2927’07”E, 356.11 feet;
Thence S3855’53”E, 260.09 feet;
Thence S14 degrees, 30’ 15”E, 205.46 feet;
Thence S80 degrees, 48’08”W, 250.80 feet;
Thence S72 degrees, 29’32”W, 197.12 feet;
Thence S58 degrees, 55’53”W, 250.80 feet;
Thence N53 degrees, 12’10”W, 66.00 feet to the point of beginning comtaining 11.08 acres.
Also including adjacent streets and right-of-ways.

WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of Maquoketa, Iowa in the future to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan; and

WHEREAS, the City Council of the City of Maquoketa, Iowa desires to provide for the division or revenue from taxation in the urban Renewal project Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended.

2-30D-3 PROVISIONS FOR DIVISION OF TAXES. After the effective date of this Ordinance, the taxes levied on the taxable property in the Urban Renewal Project Area each year by and for the benefit of the State of Iowa, The City, the County and any school district or other taxing district in which the Urban Renewal Area is located, shall be divided as follows:

A. That the taxes levied on the taxable property in the Urban Renewal Project Area legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Maquoketa, County of Jackson, Maquoketa Community School District, and all other taxing districts from and after the effective date of this ordinance shall be divided as hereinafter in this Ordinance provided.

B. That portion if the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing DISTRICTS UPON THE TOTAL SUM OF ASSESSED VALUE OF THE TAXABLE PROPERTY IN THE Urban Renewal project Area, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City of Maquoketa certifies to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the division of property tax revenue described herein shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by and for the taxing district into which all other property taxes are paid.

C. That portion of the taxes each year in excess of the base period taxes determined as provided in Section 2 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Maquoketa, Iowa hereby established, to pay the principal of and interest on loans, monies advances to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.112 of the Code of Iowa, as amended, incurred by the City of Maquoketa, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal project Area pursuant to the Urban Renewal plan, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Urban Renewal Project Area without any limitation as herein above provided.

D. Unless or until the total assessed valuation of the taxable property in the Urban Renewal project Area exceeds the total assessed value of the taxable property in the Urban Renewal Project Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes.

E. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Maquoketa, Iowa referred to in Section 3 hereof have been paid. Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property.

All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the Urban Renewal project Area as described above. In the Event that any provision of this Ordinance shall be determined to be contrary to the law, it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Urban Renewal Project Area and the territory contained therein.

(Ord. No. 943, 10-02-00)