City of Centerville Mike O’Connor, Mayor 312 East Maple St. Ron Creagan, Councilmember PO Box 578 Jay Dillard, Councilmember Centerville, IA 52544 Darrin Hamilton, Councilmember (O) 641-437-4339 Doc Sokol, Councilmember (F) 641-437-1498 Jan Spurgeon, Councilmember

www.centerville-ia.org email: [email protected]

Regular Council Meeting Agenda of the City of Centerville Council Monday, November 2, 2020 at 6:00 P.M. Zoom Online Meeting To access this meeting, please use the following link or dial-in information: https://zoom.us/j/92284366531?pwd=VGpPc3dtWngzWkt1VVFZbkc2REM0dz09

Meeting ID: 922 8436 6531 Password: 620695 Dial-in: 1 (312) 626 - 6799 Meeting ID: 922 8436 6531

Notice to the Public: This meeting is being held via an online/telephonic format due to social distancing requirements caused by the coronavirus pandemic. The Mayor and the City Council welcome you to the regular City Council meeting. Public comments for items on the Agenda may be submitted through email by mail or by dropping a note through the drop box at City Hall prior to the City Council meeting. For public hearings and items not on the agenda, time is allotted during the “Public Hearing” and “Public Forum” sections for public comment.

For those wishing to provide comment during the meeting, the Mayor will call for public comment. To make a public comment please use the “Raise your Hand” function for those joining via the web or smartphone based Zoom meeting or dial star 9 (*9) from your phone. The moderator will open the lines one at a time and announce your name or phone number. Please state your name and address before making your comments. The Mayor may limit each speaker to three minutes. The normal process on any particular agenda item is that the motion is placed on the floor, the Council is given an opportunity to comment on the issue or respond to public concerns, and the vote is taken.

The use of obscene and vulgar language, hate speech, racial slurs, slanderous comments, and any other disruptive behavior during the Council meeting will not be tolerated and the offender may be barred by the presiding officer from further comment and/or disconnected from the meeting.

1. Call to Order a. Roll Call b. Pledge of Allegiance c. Approval of Agenda 2. Consent Agenda: These items will be enacted by one motion without separate discussion unless a request is made prior to the time Council votes on the motion. (Any item on the Consent Agenda may be removed for separate consideration.) Approval of Consent Agenda to include:

11-02-2020

Packet Page No. 001 a. Approval of Minutes of the October 12th, 2020 Special Council Meeting and October 19th, 2020 Regular Council Meeting b. Approval of Committee/Board Minutes – Minutes of the September 21, 2020 Park Board meeting c. Approval of Beer/Liquor License(s) – None d. Approval of Re-appointment of Deb Kury to the Board of Review for Minimum Housing Standards with a term ending September 1, 2025 e. Approval of Renewal of City Hall Copier Lease with Infomax. f. Approval of Resolution No. 2020-3757 Authorizing the demolition of 1625 S. 18th St. g. Approval of Resolution No. 2020-3758 Setting Time and Place for Public Hearing Submission of Community Development Block Grant (CDBG) for Waste Water Project h. Approval of Resolution No. 2020 – 3759 Setting Time and Place for Public Hearing for Close-out of Community Development Block Grant (CDBG) for Water Project 3. Public Hearing a. Public Hearing on the Proposal to Enter into a Development Agreement with C&C Machining Inc. b. Public Hearing on the Proposed Centerville 2020 Urban Renewal Plan 4. Discussion/Action Items/General Business/Old Business a. Approval of Bills b. Departmental Reports i. Police ii. Fire iii. Building Official c. Third Consideration of Ordinance No. 1338 Repealing Ordinance Nos. 1200, 1224, 1241 and 1258 Providing for the Division of Taxes Levied on Taxable Property in the Centerville Area #2 Urban Renewal Area (Including Urban Renewal Area #1), in the City of Centerville, , Pursuant to Section 403.19 of the Code of Iowa d. Approval of Resolution No. 2020-3760 Determining an area of the City to be an economic development and blighted area, and that the rehabilitation, conservation, redevelopment, development or a combination thereof, of such area is necessary in the interest of the public health, Safety or welfare of the residents of the City; Designating Such area as appropriate for Urban Renewal Project; And Adopting the Centerville 2020 Urban Renewal Plan. e. First Consideration of Ordinance No. 1339 for the division of revenues under Section 403.19, Code of Iowa, for Centerville 2020 Urban Renewal Plan f. Approval of Resolution No. 2020-3761 Approving and Authorizing Execution of a Development Agreement by and between the City of Centerville and C&C Machining, Inc. g. Approval of Square Use Policy. h. Approval of Acceptance of Transfer of Land at 18th and Green St. from Alliant to City of Centerville. 5. Public Forum: Time set aside for comments from the public on topics of City business other than those listed on the agenda – no action may be taken. This is an opportunity for members of the audience to bring to the Council’s attention any item not listed on the agenda. 6. Adjourn to 6:00 p.m. on Monday, November 16, 2020 for a Regular Meeting of the City Council

Jason Fraser City Administrator

11-02-2020

Packet Page No. 002 Packet Page No. 003 Packet Page No. 004 Packet Page No. 005 Packet Page No. 006 Minutes of the Centerville Park Board Regular Meeting September 21, 2020

This was the regularly scheduled meeting of the Park Board. The meeting was conducted on Zoom in compliance with the Governors orders regarding meetings and gatherings.

The Meeting was called to order by Darrin Hamilton Members Present: Molly Revers, Lottie Wilson Note: Richard Wakefield has been unable to attend the ZOOM meetings City Personnel: Steve Hawkins‐ Public Works Director, Darrin Hamilton‐ Councilperson, Jay Dillard‐ Councilperson, Jason Fraser‐ City Administrator Visitors: Dale Sales Approval of Agenda: approved Approval of Minutes:No Previous Minutes

Discussion: Agenda Items from Jason Dissusion on The placement of the the Freedom on the Centerville Square Courthouse Lawn. Dale Sale attended the meeting Vie Zoom with a proposal for relocating the Freedom Rock. The local Veterans group has raised approximately $20,000 to use for moving the rock and adding enhancements. The Park Board is supportive and agrees with the need to relocate the rock. The board would like a different plan from the one proposed today. Jason ad Steve will work with Dale on a new plan. Memorial Donation Policy: Policy approved with the recommendations to present the new policy for memorial gifts to the council. Use of the Square Courthouse Policy: Discussion of the new policy with changes suggested by the Park Borad. Final Decision at next meeting Disc Golf Course Improvements: Jason is working with this group on improvements to the course. The committee is waiting for delivery of new baskets. They are planning to reset the holes disreputed by the the new trail. The disc golf course will begin to see some improvements. There is a very active Thursday night golf league Election‐ September the voters approved the changes to the Losst funds in the city and county. Plans will be underway to build a new jail. The restructure changes in pool funding may allow for some monies for improvement projects. Pool Projects: Painting next summer, Umbrellas Park Projects: Part‐time person nothing yet. Clean‐up: Randy Hash cleaned the tennis courts Plantings for the park: Garden Club is working with Brent Schmel on ideas. Lighting, benches, trash receptacles, doggie bag stands

Packet Page No. 007 Girl Scout Cabin‐ Jason said there might be an idea for usage North Park. The shelter house is 90% complete. Discussion of redoing the old tennis court. Volunteer Help ??? South Park: Nothing New Kennis Corner: No discussion 9. Thoughts. No Discussion 10. Other Business. 11. Adjourn approved

Packet Page No. 008 Packet Page No. 009 Infomax Offi ce Systems • 1010 Illinois Street • Des Moines, IA 50314 • www.infomaxoffi ce.com Packet Page No. 010 Infomax Offi ce Systems • 1010 Illinois Street • Des Moines, IA 50314 • www.infomaxoffi ce.com Packet Page No. 011 Infomax Offi ce Systems • 1010 Illinois Street • Des Moines, IA 50314 • www.infomaxoffi ce.com Packet Page No. 012 DocuSign Envelope ID: 919E60D2-D922-44BE-AADC-42929DF943B2 Printmax Plus Agreement

Agreement No. CUSTOMER (hereinafter referred to as “You” or “Your”) Full Legal Name City of Centerville Address City State Zip 312 E Maple Centerville IA 52544 TERMS AND CONDITIONS · PLEASE READ CAREFULLY BEFORE SIGNING

DESCRIPTION OF EQUIPMENT Monthly Image Allowance

Quantity Type, Make, Model Number and included accessories Serial No. B&W Color Fax 1 Canon DX C5735i 6,000 500 1 Lexmark XM3250 1 Lexmark m3250

See attached schedule for additional equipment. Total Consolidated Monthly Image Allowance (N/A if not consolidated) EQUIPMENT LOCATION (if other than above) City State County As Stated Above Term in Months: Minimum Payment Excess Per Image Charge Excess Per Image Charge Excess Per Fax Charge Monthly Quarterly Black & White Color (Monthly if not checked)

63 $368.65 ______(plus tax) $.012 _____ (plus tax) $.04 ____ (plus tax) $ ___ (plus tax) METER READ FREQUENCY: (Monthly if not checked) Monthly Quarterly Semi-annually Annually

Number of Fax Phone Numbers Included: (for information purposes only)

1. AGREEMENT. Subject to the terms of this Printmax Plus Agreement (“Agreement”), Infomax Office Systems, Inc. (“Owner”, also referred to as “We”, Us” and “Our”) agrees to rent to Customer (also referred to as “You” or “Your”), and You agree to rent from Us, the equipment described above (“Equipment”). This Agreement contains the entire agreement between You and Us and no modifications of this Agreement shall be effective unless in writing and signed by the parties. 2. DELIVERY AND ACCEPTANCE OF EQUIPMENT. Acceptance of the Equipment occurs upon delivery. When You receive the Equipment, You agree to inspect it and verify by telephone or in writing such information as We may require. You hereby authorize Us to either insert or correct the Agreement number, serial numbers, model numbers, beginning date, signature date, and Your name. ONCE YOU SIGN THIS AGREEMENT AND WE ACCEPT IT, THIS AGREEMENT WILL BE NON-CANCELABLE FOR THE FULL AGREEMENT TERM. 3. GOVERNING LAW, CONSENT TO JURISDICTION AND VENUE OF LITIGATION. This Agreement and each Schedule shall be governed by the internal laws of the state of Iowa. YOU AGREE THAT ANY DISPUTE ARISING UNDER OR RELATED TO THIS AGREEMENT WILL BE ADJUDICATED IN THE FEDERAL OR STATE COURT IN POLK COUNTY, IOWA. YOU HEREBY CONSENT TO PERSONAL JURISDICTION AND VENUE IN THAT COURT AND WAIVE ANY RIGHT TO TRANSFER VENUE. EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY. 4. ORIGINAL/FACSIMILE SIGNATURE/SECOND PAGE. The parties agree that the original hereof for enforcement and perfection purposes, and the sole “record” constituting “chattel paper” under the UCC, is the paper copy hereof bearing (i) the original or a copy of either Your manual signature or an electronically applied indication of Your intent to enter into this Agreement, and (ii) Our original manual signature. BY SIGNING THIS PAGE, YOU ACKNOWLEDGE THAT YOU RECEIVED AND HAVE READ THE SECOND PAGE OF THIS TWO- PAGE AGREEMENT. 5. TITLE. Except for any software covered by this Agreement (the “Software”), We are the owner of the Equipment. We do not own the Software. 6. NET AGREEMENT. YOU AGREE THAT YOU ARE UNCONDITIONALLY OBLIGATED TO PAY ALL MINIMUM PAYMENTS AND OTHER AMOUNTS DUE FOR THE ENTIRE AGREEMENT TERM NO MATTER WHAT HAPPENS, EVEN IF THE EQUIPMENT IS DAMAGED OR DESTROYED, IF IT IS DEFECTIVE OR IF YOU NO LONGER CAN USE IT. YOU ARE NOT ENTITLED TO REDUCE OR SET-OFF AGAINST MINIMUM PAYMENTS OR OTHER AMOUNTS DUE TO US OR TO ANYONE TO WHOM WE TRANSFER OUR RIGHTS UNDER THIS AGREEMENT, WHETHER YOUR CLAIM ARISES OUT OF THIS AGREEMENT, OR ANY MANUFACTURER’S LIABILITY, STRICT LIABILITY OR NEGLIGENCE OR OTHERWISE. THIS AGREEMENT IS DEEMED TO BE A “FINANCE LEASE” AS DEFINED IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE. THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS PRINTED ON THIS PAGE AND ON THE SECOND PAGE, ALL OF WHICH PERTAIN TO THIS AGREEMENT AND WHICH YOU ACKNOWLEDGE HAVING READ. THIS AGREEMENT IS NOT BINDING UNTIL ACCEPTED BY US. YOU CERTIFY ALL ACTIONS REQUIRED TO AUTHORIZE EXECUTION OF THIS AGREEMENT, INCLUDING YOUR AUTHORITY, HAVE BEEN FULFILLED. OWNER: Infomax Office Systems, Inc. CUSTOMER: (As Stated Above) By: Date Accepted: By: X Date: Signature Signature Jason Fraser Print Name & Title: Print Name & Title:

UNCONDITIONAL GUARANTY TO OWNER In consideration of Owner entering into the above Agreement in reliance on this Guaranty, the undersigned, jointly and severally, unconditionally and irrevocably guarantee to Owner and to any assignee of Owner, the prompt payment and performance of all of Customer’s obligations under the above Agreement and all existing and future Agreements between Owner and Customer. The undersigned agree(s): (a) that this is a guarantee of payment and not of collection and that Owner or its assignee may proceed directly against the undersigned without disposing of any security or seeking to collect from Customer; (b) to waive all defenses and notices, including those of protest, presentment and demand; (c) that Owner may extend or otherwise change the terms of the Agreement without notice to the undersigned; and (d) to pay all of Owner’s costs of enforcement and collection, including attorney fees. This guarantee survives the bankruptcy of the Customer and binds the undersigned’s administrators, successors and assigns. THE UNDERSIGNED AGREE(S) THAT ANY DISPUTE ARISING UNDER OR RELATED TO THIS GUARANTY WILL BE ADJUDICATED IN THE FEDERAL OR STATE COURT IN POLK COUNTY, IOWA AND WILL BE GOVERNED BY THE LAW OF THE STATE OF IOWA. THE UNDERSIGNED HEREBY CONSENT(S) TO PERSONAL JURISDICTION AND VENUE IN THAT COURT AND WAIVE(S) ANY RIGHT TO TRANSFER VENUE. EACH OF THE UNDERSIGNED WAIVES ANY RIGHT TO A TRIAL BY JURY. X , Individually X , Individually

Packet Page No. 013 000603-ZP03APrintMaxPlus_0118 Page 1 of 2 299 DocuSign Envelope ID: 919E60D2-D922-44BE-AADC-42929DF943B2 7. DISCLAIMER OF WARRANTIES. THE EQUIPMENT IS BEING RENTED TO YOU IN “AS-IS” CONDITION. NO INDIVIDUAL IS AUTHORIZED TO CHANGE ANY PROVISION OF THIS AGREEMENT. YOU AGREE THAT WE HAVE NOT MANUFACTURED THE EQUIPMENT AND THAT YOU HAVE SELECTED THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. YOU HAVE NOT RELIED ON ANY STATEMENTS WE OR OUR EMPLOYEES HAVE MADE. WE HAVE NOT MADE AND DO NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY CLAIM THAT YOU MAY HAVE OR ASSERT AGAINST THE EQUIPMENT MANUFACTURER, THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, DESIGN, CONDITION, DURABILITY, OPERATION, QUALITY OF MATERIALS OR WORKMANSHIP, OR COMPLIANCE WITH SPECIFICATIONS OR APPLICABLE LAW. You are aware of the Equipment manufacturer and You will contact the manufacturer for a description of Your warranty rights. If this Agreement is assigned by Us, You agree to settle any dispute You may have regarding performance or maintenance of the Equipment directly with Us. 8. CHARGES. Payments are due monthly or quarterly, as set forth above, beginning the date the Equipment is delivered to You, or any later date designated by Us and continuing on the same day of each following month or quarter until fully paid. Your Minimum Payment obligation is unconditional and is not subject to any reduction, set-off, defense or counterclaim for any reason whatsoever. In return for Minimum Payments, You are entitled to make the total number of images and send/receive the number of fax pages, reflected in the Monthly Allowance shown on the front of this Agreement each month (if consolidated), or the Monthly Allowance Per Machine (if not consolidated), all as set forth on the front of this Agreement. An image shall be defined as an 8 ½ x 11 single sided page. Duplex images and larger sheet sizes will count as multiple images. Per Fax Page Charges are defined as each page of each facsimile transmission, either sent or received using the fax service. If You use more than the applicable Allowance(s) in any month, You will pay Us an additional charge equal to the number of additional metered images/fax pages multiplied by the applicable Excess Per Image/Page Charge. Notwithstanding any adjustment, You will never pay less than the Minimum Payment. You agree to provide Us in the manner we direct, with the actual meter readings on any business day of each month as designated by Us. We may estimate the number of images/fax pages used if such meter readings are not received by Us within five days after being requested. Customers sometimes desire to increase or decrease the Monthly Allowance. Allowance increase or decrease opportunities will be available to you up to twice during each year of this Agreement, provided that the terms of any increase or decrease are acceptable to us in our sole discretion. You agree that after the end of the first year of this Agreement and not more than once each successive twelve-month period thereafter, We may increase both the Minimum Payment and the Excess Per Image/Fax Page Charges by a maximum of 15% of the then existing payment or charge. We may charge you a periodic shipping and handling fee, as well as a fuel surcharge, with each payment. The fee and surcharge will be determined by us in our discretion based on our determination of our estimated shipping and handling costs associated with shipping supplies and products, and our estimated excess fuel costs associated with providing services, which costs are roughly allocated based on relative equipment usage. You acknowledge that charges for consumables are based on Your use approximating the manufacturer’s projected yields for such items, and that Your per image charges are subject to adjustment, both retrospectively, and prospectively, if Your yields differ from projected yields. You may not pay off this Agreement prior to the end of the Agreement term without Our consent and We may charge You, in addition to the other amounts owed under this Agreement, an early termination fee equal to three Minimum Payments (if Monthly) or one Minimum Payment (if Quarterly). 9. USE AND MAINTENANCE. You agree that the Equipment is owned by Us and will be used for business purposes only. You will keep the Equipment in good repair, condition and working order, except ordinary wear and tear. You may modify the Equipment only with Our prior written consent. Customer agrees that We may in Our discretion modify the Equipment to enhance performance and extend functionality. The charges established by this Agreement include payment for the use of the designated Equipment and accessories and include payment for maintenance (during normal business hours) inspection, adjustment, parts replacement, drums and cleaning material required for the proper operation, as well as toner and developer. Paper and staples must be separately purchased by You. We will provide training and driver installation in the first 30 days after equipment delivery at no additional charge. Training and driver installation beyond 30 days will be performed at Our then current rates, or at no charge if Customer has entered into a separate ConnectPlus service agreement. If necessary, the service and supply portion of this Agreement may be assigned. We shall not be obligated to provide services or supplies unless Customer is current on all payments due under this Agreement. You agree to pay at Our regular rates for any repairs requested by You to be performed outside Our normal working hours, or caused by Your negligence, or Your operation of the Equipment not in accordance with operating procedures established by Us and the Equipment manufacturer, or Your use of supplies which do not meet Our and the Equipment manufacturer specifications and standards. You agree to use supplies provided by Us only in conjunction with the use of the Equipment furnished pursuant to this Agreement and to relinquish any unused supplies to Us upon expiration or termination of this Agreement. To optimize operation of the Equipment, We may inventory at Your location toner cartridges and supplies for each piece of Equipment. Toner cartridges and supplies are Our property and must be returned at the conclusion of the Agreement. Customer agrees that failure to return any toner cartridge or supply item shall result in a per image charge in the amount of the full yield of each unreturned toner cartridge or other supply item. This Agreement is limited to the Equipment specific herein and does not include the support or maintenance related to any external and/or connected products not listed on this Agreement, including but not limited to software products, networking or calibration products which interface to the products listed in this Agreement. Maintenance for these external products which interface to the products listed in this Agreement are available on an hourly fee basis. 10. REMOTE MONITORING. Accurate usage billing under this Agreement, as well as Our maintenance, service and/or supplies provisioning for the Equipment in accordance with an applicable maintenance, service and/or supplies agreement, is premised on Us being able to remotely update the Equipment and obtain accurate, complete and current data relating to the Equipment through Our electronic data program. You agree that We may install this data software on each item of Equipment and You authorize Us to periodically update and continuously monitor the Equipment through an internet/network connection throughout the term of this Agreement. 11. LOCATION, INSPECTION AND RETURN OF EQUIPMENT. You will not move the Equipment from its location noted in this Agreement without Our prior written consent. We will have the right to enter the premises where the Equipment is located to confirm its existence, condition and proper maintenance. The Equipment may be moved only by Us or by an agent authorized by Us, and We may charge You an equipment relocation fee if We do so. At the expiration of the initial stated term (“Initial Term”) of this Agreement, any renewal term, or upon any earlier termination, You shall immediately arrange for Us to pick up the Equipment at Your expense (up to $500 per piece of Equipment). The Equipment shall be in “average salable condition”. At least 60 days prior to the expiration of the Initial Term of this Agreement, or any renewal term, You shall give Us written notice of Your intention to return the Equipment to Us. If You fail to provide such notice, or having provided such notice, You fail to return the Equipment as provided herein, this Agreement will automatically renew on an annual basis, despite written notification from You to the contrary. Your Minimum Payment and Your Per Image/Fax Page Charges during the initial twelve months of renewal terms will be the same as those payable in the final months of the Initial Term, subject to applicable annual adjustments. “Average salable condition” means the Equipment is immediately available for use by another customer without the need of any repair or refurbishment. You are solely responsible for protecting and/or removing any confidential data/images stored on the Equipment prior to its return for any reason. 12. LOSS OR DAMAGE. You assume and bear the risk of loss or damage to the Equipment. If the Equipment is lost or damaged, You agree to replace or repair the Equipment and to continue to pay all Minimum Payments. 13. INSURANCE. You agree: (a) to keep the Equipment fully insured against loss at its replacement cost, with Us named as loss payee; (b) to maintain commercial general public liability insurance acceptable to Us; (c) to provide proof of insurance satisfactory to Us no later than thirty (30) days following the commencement of this Agreement, and thereafter upon Our written request; (d) if You fail to obtain and maintain property loss insurance satisfactory to Us and/or You fail to provide proof of such insurance to Us within thirty (30) days of the commencement of the Agreement, We have the option, but not the obligation, to secure property loss insurance on the Equipment from a carrier of Our choosing in such forms and amounts as We deem reasonable to protect Our interests; (e) if We secure insurance on the Equipment, We will not name You as an insured party, Your interests may not be fully protected, and You will reimburse us the premium which may be higher than the premium that You would pay if You obtained insurance and which may result in a profit to Us through an investment in reinsurance. If you are current in all of your obligations under the Agreement at the time of loss, any insurance proceeds received will be applied, at Our option, (i) to repair, restore or replace the Equipment, or (ii) to pay Us the remaining balance of the Agreement plus Our estimated residual value, both discounted at 3% per year. 14. INDEMNITY. We are not responsible for any losses or injuries caused by the installation or use of the Equipment, and You agree to indemnify Us with respect to all claims for losses imposed on, incurred by or asserted against Us including attorney’s fees and costs of defense, plus interest, where such claims in any way relate to the Equipment or data stored on it. Furthermore, You agree, if requested by Us, to defend Us against any claims for losses or injuries caused by the Equipment or data stored on it. 15. TAXES. You agree that, in addition to You paying any applicable sales or use taxes under this Agreement, you will also pay to Us as additional rent an amount equal to any personal property taxes, use taxes, ad valorem taxes, or other governmental taxes or fees of any kind which are assessed against Us or which are paid by Us with respect to the Equipment or this Agreement. 16. SOFTWARE. We do not own any software (“Software”) included in the description of the Equipment. We are not responsible for the Software or the obligations owed by either You or the Licensor under any License Agreement for the Software. You understand that We cannot transfer the Software to You. Except as provided in this paragraph, all references to “Equipment” in this Agreement include the Software. 17. DELINQUENT AMOUNTS AND ADVANCES. If any rent or additional amounts or other sums required to be paid by You under this Agreement are not paid when due, such overdue amount will accrue interest, from the due date until paid, at the lower of one and one-half percent (1.5%) per month or the highest rate allowed by applicable law. In addition, You will pay Us a “late charge” equal to: 1) the greater of ten (10) cents for each dollar overdue or twenty-six dollars ($26.00); or 2) the highest lawful charge, whichever is less. This late charge will be due and payable with the next payment due. In the event that We have to make advance payments of any kind to preserve the agreement property, or to discharge any tax, the amount advanced by Us will be repayable by You to Us, together with interest until paid. 18. DEFAULT AND REMEDIES. Any of the following events or conditions will constitute default hereunder: (a) You fail to pay any sum due Us within ten (10) days after the due date thereof; (b) You fail to observe or perform any other term, covenant or condition of this Agreement and such failure continues for ten (10) days following the receipt of written notice from Us; (c) the filing by or against You of a petition under the Bankruptcy Code or under any other insolvency law providing for the relief of debtors; (d) the voluntary or involuntary making of an assignment of a substantial portion of Your assets by You for the benefit of creditors, appointment of a receiver or trustee for You or for Your assets, commencement of any formal or informal proceeding for dissolution, liquidation, settlement of claims against or winding up of Your affairs, or You cease doing business as a going concern; or (e) any representation or warranty made by You herein or in any document delivered by You in connection herewith will prove to have been misleading in any material respect when made. Upon the occurrence of an event of default, We may, at Our option, require You (i) to pay as liquidated damages and not as a penalty the present value, discounted at a rate of 3% per annum, of the remaining balance of the Agreement plus Our estimated residual value, and (ii) regardless of whether such amounts are paid, to return the Equipment. We may use any other remedies available to Us under applicable law. These remedies will be applied, to the extent allowed by law, cumulatively. In addition, You agree to pay Us all costs and expenses, including attorney's fees, incurred by Us, in exercising or attempting to exercise any of Our rights or remedies, plus interest at the highest lawful rate on all amounts owing until paid. If this Agreement is deemed to create a security interest, remedies will include those available under Article 9 of the UCC. A waiver of default shall not be construed as a waiver of any other or subsequent default. 19. ASSIGNMENT. You have no right to sell, assign or sublease the Equipment or this Agreement. WE MAY SELL OR ASSIGN THIS AGREEMENT OR OUR RIGHTS IN THE EQUIPMENT, IN WHOLE OR IN PART, TO A THIRD PARTY WITHOUT NOTICE TO YOU. YOU AGREE THAT IF WE SELL OR ASSIGN AN INTEREST IN THIS AGREEMENT, THE ASSIGNEE WILL HAVE OUR RIGHTS, BUT WILL NOT HAVE OUR OBLIGATIONS AND WILL NOT BE SUBJECT TO ANY CLAIM, DEFENSE OR SET-OFF THAT YOU COULD ASSERT AGAINST US OR ANY OTHER PARTY. 20. MISCELLANEOUS. If a court finds any provision of this Agreement to be unenforceable, the remaining terms of this Agreement shall remain in effect. All of Your written notices to Us must be sent by certified mail. Notwithstanding terms and conditions contained in any purchase order relating to the Equipment, the terms and conditions of this Agreement will prevail. 21. CUSTOMER WAIVERS. You waive notices of Our intent to accelerate the rent, the acceleration of the rent and of the enforcement of Our rights. WE AND YOU EACH AGREE TO WAIVE AND TO TAKE ALL REQUIRED STEPS TO WAIVE ALL RIGHTS TO A JURY TRIAL. To the extent You are permitted by law, You waive all rights and remedies You have under Article 2A (Sections 508-522) of the Uniform Commercial Code, including but not limited to Your rights to: (i) cancel or repudiate the Agreement; (ii) reject or revoke acceptance of the Equipment; (iii) recover damages from Us for any breach of warranty or for any other reason; and (iv) grant a security interest in any Equipment in Your possession. To the extent You are permitted to by law, You also waive any rights You now or later may have under any statute or otherwise which require Us to sell, lease or otherwise use any Equipment to reduce Our damages or which may otherwise limit or modify any of Our rights or remedies. Any action You take against Us for any default, including breach of warranty or indemnity, must be started within one (1) year after the event which caused it. We will not be liable for specific performance of this Agreement or for any losses, damages, delay or failure to deliver the Equipment. You authorize Us to sign on Your behalf and file at any time any documents in connection with the UCC. Agreement No. Initials X

Packet Page No. 014 000603-ZP03APrintMaxPlus_0118 Page 2 of 2 299 DocuSign Envelope ID: 919E60D2-D922-44BE-AADC-42929DF943B2

1010 Illinois Street PO Box 858 Des Moines, Iowa 50304 515-244-5203 ConnectPlus Agreement

Customer # ______Agreement # ______

Customer: _____City of Centerville ______IT Contact: ______Address: ______Phone: ______E-Mail: ______Start Date: ______

ConnectPlus Includes: Pricing:

- Basic Installation & Implementation Package Standard Package* ___ $25.00/Month - Ongoing User Training on Document Output Devices Additional MFP & Printing Devices ___ $1.00/Month - Network Installation of Document Output Devices Each Light Production Color Printing Device ___ $50.00/Month - Ongoing Loading &Training on Print/Scan/Network Drivers Each B&W Production Printing Device ___ $50.00/Month - Initial Software Enabler Installation and User Training Each Color Production Printing Device ___ $100.00/Month (eCopy, Paper to Office, Essentials, PPDM) eCopy, Paper to Office, Essentials, PPDM ___ $20.00/Month - Installation of Remote Output Device Monitoring Software Each Wide Format ___ $15.00/Month on Applicable Network Devices (FleetView) - Ongoing Remediation Assistance for Total Monthly ConnectPlus Fee $______** Print/Scan/Network/Fax Issues - Ongoing Assistance for Any Infomax Provided Applications * Includes up to 12MFP & Printing Devices - Unlimited Help Desk Phone Support ** Fee will be adjusted to reflect current applicable output devices and taxes.

ConnectPlus. In addition to providing basic installation and training, ConnectPlus provides renewable protection for all network connected products and eligible software enablers supplied and connected by Infomax. ConnectPlus works in conjunction with the existing hardware Infomax maintenance agreement and/or lease agreement by providing support and fault isolation for print, scan, and network fax issues external to device. ConnectPlus is designed to minimize down time associated with the critical performance of these functions. ConnectPlus Agreements are available for all network connected products supplied, connected and covered under a valid Infomax Maintenance Agreement.

BY CHECKING THIS BOX CUSTOMER ACCEPTS CONNECTPLUS AGREEMENT.

BY CHECKING THIS BOX, CUSTOMER DECLINES TO ENTER INTO THIS AGREEMENT. CUSTOMER ACKNOWLEDGES THAT CUSTOMER WILL BE BILLED FOR THE BASIC INSTALLATION PACKAGE WHICH INCLUDES: INITIAL DOCUMENT OUTPUT DEVICE DELIVERY, INSTALLATION AND IMPLEMENTATION, NETWORK INSTALLATION OF DOCUMENT OUTPUT DEVICE, LOADING AND TRAINING ON ALL COPY/PRINT/SCAN NETWORK DRIVERS DURING FIRST 30 DAYS AFTER INSTALLATION, INSTALLATION OF FLEETVIEW OR OTHER REMOTE OUTPUT DEVICE MONITORING ON ELIGIBLE CUSTOMER NETWORKS, INITIAL USER TRAINING ON OUTPUT DEVICES DURING FIRST 30 DAYS OF INSTALLATION, INITIAL SOFTWARE ENABLER INSTALLATION AND BASIC OPERATOR TRAINING (ELIGIBLE SOFTWARE ENABLERS INCLUDE ECOPY DESKTOP, PAPER TO OFFICE, ESSENTIALS AND PPDM).IN ADDITION, ANY CONNECTPLUS SERVICES PROVIDED BY INFOMAX WILL BE BILLED AT INFOMAX’S CURRENT HOURLY RATES. CUSTOMER AGREES TO HOLD INFOMAX HARMLESS FROM ANY LOSSES OR INJUIRES CAUSED BY THE INSTALLATION, MAINTENANCE OR USE OF ANY DOCUMENT OUTPUT DEVICE INSTALLED OR MAINTAINED BY INFOMAX.

BASIC INSTALLATION AND IMPLEMENTATION PRICING $ Included

INFOMAX OFFICE SYSTEMS, INC. CUSTOMER

By: ______By: ______Name: ______Name:______Title: ______Title: ______Date: ______Date: ______

Packet Page No. 015 DocuSign Envelope ID: 919E60D2-D922-44BE-AADC-42929DF943B2 CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND REPRESENTS TO INFOMAX THAT CUSTOMER HAS RECEIVED AND READ THE ADDITIONAL TERMS AND CONDITIONS APPEARING ON THE SECOND PAGE OF THIS TWO-PAGE AGREEMENT.THIS AGREEMENT IS NOT BINDING UNTIL ACCEPTED BY AN AUTHORIZED OFFICER OF INFOMAX AT ITS OFFICES IN DES MOINES, IOWA. ONCE ACCEPTED, THIS AGREEMENT IS NON-CANCELABLE FOR THE ENTIRE AGREEMENT TERM. 1.Payments. This Agreement shall apply to all leased Document Output Devices provided by Infomax and/or all Document Output Devices subject to an Infomax Maintenance Agreement. The fees due under this Agreement will be invoiced by, or on behalf of, Infomax on Customer’s invoice for the applicable lease or maintenance agreement. Customer agrees to pay the amount due, as set forth on each invoice, in full within thirty (30) days of the date of such invoice. Late payments

will be subject to interest at the lesser of 1.5% per month or the highest interest rate permitted by law.

2.Term.This Agreement shall commence on the date set forth above and continue so long as Customer has leased Document Output Devices provided by Infomax and/or Document Output Devices subject to an Infomax maintenance

agreement.

3.Limited Warranty. Infomax warrants that the services to be performed hereunder will be done in a workmanlike manner and shall conform to standards of the industry. This warranty is given expressly and is in place of all other warranties, statutory, express or implied (either in fact or by operation of law), including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Customer agrees that there are no undertakings, agreements or representations, expressed or implied, not specified in this Agreement and this instrument contains the entire Agreement between the parties with respect to the services provided hereunder. Customer agrees that if Infomax breaches any warranty in the performance of the services set forth in this Agreement, Customer’s exclusive remedy and Infomax’s sole liability is limited to return, on a pro rata basis determined by Infomax, of any sum paid for such

unsatisfactory services.

4.Limitation of Liability. The total of Infomax’s liabilities under or in connection with this Agreement (whether arising from contract or otherwise) is limited to the fees paid by Customer under this Agreement during the period preceding the event giving rise to such liability. Infomax shall not be liable for any indirect, special, incidental, or consequential damages, whether based upon contract, tort or any other legal theory, arising from its performance or nonperformance under this Agreement. Customer acknowledges and agrees that any fees charged by Infomax for the services provided under this Agreement reflect the allocation of risk provided by the exclusive remedies and limitations of liability set forth in this Agreement, and that such allocation of risks is a fundamental benefit of the bargain of each party. Customer acknowledges that any modification of the allocation of risk in the Agreement would affect the fees charged by Infomax, and Customer therefore agrees, in consideration of the actual level of fees payable by Customer hereunder, to the allocation of risk as

set forth in this Agreement.

5. Network Maintenance. Customer shall take appropriate steps at all times during the term of this Agreement to protect Customer’sinformation technology network and related data and programs and to protect Customer’s equipment from any damage. Customer will be responsible for reconstruction, replacement, repair or recreation of lost programs, data or equipment in the event of hardware or software failures. Under no circumstances shall Infomax be responsible for such

losses or damages.

6. Taxes and Fees. Customer agrees to pay when due all taxes, fees, fines and penalties related in any way to this Agreement or any services related hereto, now or hereafter imposed, levied or assessed by any state, federal or local

government or agency, except for taxes based upon Infomax’s net income.

7. Severability. If one or more of the provisions of this Agreement shall be for any reason held invalid or unenforceable, such provisions shall be deemed severable from the remaining covenants, agreements and provisions of this Agreement and such invalidity or unenforceability shall in no way affect the validity or enforceability of such remaining provisions or the rights of the parties hereto. To the extent permitted by law, the parties hereto waive any provision of law which

renders any provision of this Agreement invalid or unenforceable in any respect.

8.Waiver.The failure of Infomax to insist upon strict performances of any provision of this Agreement or to exercise any

right or remedy shall not impair or waive any such right or remedy.

9.Counterparts.This Agreement may be executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. Facsimile and electronic copies shall be considered the same as

originals.

10.GOVERNING LAW. THIS AGREEMENT AND ANY CLAIM RELATED TO THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF IOWA. ANY DISPUTE WILL BE ADJUDICATED IN A FEDERAL OR STATE COURT IN POLK COUNTY, IOWA. CUSTOMER HEREBY CONSENTS TO PERSONAL JURISDICTION AND VENUE IN SUCH COURTS AND WAIVES TRANSFER OF VENUE. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.

Packet Page No. 016 RESOLUTION NO. 2020-3757

RESOLUTION AUTHORIZING THE DEMOLITION OF REAL PROPERTY

WHEREAS, the City of Centerville is the record titleholder of that certain real property located at 1625 S. 18th St., Centerville, Appanoose County, Iowa, more particularly described as follows (the "Property"):

LOTS 8 AND 9 IN BLOCK 18 IN ADAMSON'S ADDITION TO THE CITY OF CENTERVILLE, APPANOOSE COUNTY, IOWA;

WHEREAS, the Property has been condemned, deemed a nuisance, and represented a danger to the health and sanitation of the citizens of the City of Centerville by the building inspector for the City of Centerville;

WHEREAS, the City of Centerville, Iowa (the "City") has the ability pursuant to Chapter 15.18.080, Municipal Code of Centerville, Iowa, to enforce the demolition of a property deemed a hazard to the Centerville Community; and

WHEREAS, it would be in the best interests of the City to demolish the improvements on the Property.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE, IOWA:

Section 1. On behalf of the City, the City Administrator is hereby authorized to execute the demolition of the property pursuant to the Municipal Code of the City of Centerville.

Section 2. This resolution shall become effective upon its passage and approval as provided by law.

PASSED AND APPROVED by the City Council this _____ day of ______, 2020.

Michael G. O'Connor, Mayor Attest:

Jason Fraser, City Clerk

Packet Page No. 017 RESOLUTION NO. 2020-3758

A RESOLUTION SETTING TIME AND DATE OF PUBLIC HEARING REGARDING THE SUBMISSION OF A COMMUNITY DEVELOPMENT BLOCK GRANT WATER/SEWER IMPROVEMENTS APPLICATION

BE IT RESOLVED that the City Council of the City of Centerville, Iowa, will consider a proposal to authorize the filing of a Community Development Block Grant –for Water/Sewer funding for improvements on the Wastewater Treatment Facility at a meeting to be held on Monday, November 16, 2020 starting at 6:00 PM via Zoom with council members, mayor and city administrator present.

Due to COVID-19 social distancing requirements, this meeting is being held via zoom online/telephonic meeting: Telephone number (312)626-6799 Meeting ID 922 8436 6531 Password: 620695 or via https://zoom.us/j/92284366531?pwd=VGpPc3dtWngzWkt1VVFZbkc2REM0dz09

At such hearing, the City Council shall determine whether said grant application should be filed in order to obtain funds to be used for the improvements of the East Wastewater Treatment Facilities. The facility located on East State St. has been identified within the target area and is located within the city limits of the City of Centerville.

At said public hearing, all persons who appear will be given an opportunity to express their opinions for and against said proposal. In addition, written comments may be filed with the City Clerk prior to the set time and date for hearing.

PASSED AND APPROVED by the City Council this 2nd day of November, 2020.

______Mike O’Connor, Mayor

Attest:

______Jason Fraser, City Administrator

Packet Page No. 018 RESOLUTION NO. 2020-3759

A RESOLUTION SETTING TIME AND DATE OF PUBLIC HEARING REGARDING THE CLOSE-OUT OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FOR 2017 WATER PROJECT

BE IT RESOLVED, that the City Council of the City of Centerville, Iowa, will hear information on the final progress and closeout of the Community Development Block Grant for water system improvements project at a meeting to be held on Monday, November 16, 2020 starting at 6:00 PM via Zoom with council members, mayor and city administrator present.

Due to COVID-19 social distancing requirements, this meeting is being held via zoom online/telephonic meeting: Telephone number (312)626-6799 Meeting ID 922 8436 6531 Password: 620695 or via https://zoom.us/j/92284366531?pwd=VGpPc3dtWngzWkt1VVFZbkc2REM0dz09

At such hearing the City Council shall hear the final progress along with final closeout remarks regarding the 2017-WS-004 Water System Improvements project.

At said public hearing, all persons who appear will be given an opportunity to express their opinions for and against said information. In addition, written comments may be filed with the City Clerk prior to the set time and date for hearing.

PASSED AND APPROVED by the City Council this 2nd day of November, 2020.

______Mike O’Connor, Mayor

Attest:

______Jason Fraser, City Administrator

Packet Page No. 019 (One publication required)

NOTICE OF PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF CENTERVILLE IN THE STATE OF IOWA, ON THE MATTER OF THE PROPOSAL TO ENTER INTO A DEVELOPMENT AGREEMENT WITH C&C MACHINING INC., AND THE HEARING THEREON

PUBLIC NOTICE is hereby given that the Council of the City of Centerville in the State of Iowa, will hold a public hearing on November 2, 2020, at 6:00 P.M., at which meeting the Council proposes to take action on the proposal to enter into a Development Agreement (the "Agreement") with C&C Machining Inc. (the "Developer").

Due to public health concerns related to COVID-19, the public may access the meeting in person or electronically, pursuant to Iowa Code Section 21.8, via Zoom as follows:

https://us02web.zoom.us/j/92284366531?pwd=VGpPc3dtWngzWkt1VVFZbkc2REM0dz09 Meeting ID: 922 8436 6531

312-626-6799 Meeting ID: 922 8436 6531

Please check the posted agenda in advance of the November 2, 2020 meeting for any updates to the manner in which the public may access the hearing. Please contact the City Administrator’s office at (641) 437-4339 or [email protected] if you have questions about the format of the meeting, or to request a copy of the Agreement.

The Agreement would obligate Developer to employ employees in the Minimum Improvements (as defined in the Agreement) as constructed by the Developer on certain real property located within the proposed Centerville 2020 Urban Renewal Area as defined and legally described in the Agreement (the "Development Property"), which Minimum Improvements include the construction of an approximately 65,000 square foot building, together with all related site improvements.

The Agreement would further obligate the City to make up to ten (10) consecutive annual payments of Economic Development Grants to Developer consisting of 100% of the Tax Increments pursuant to Section 403.19, Code of Iowa, and generated by the construction of the Minimum Improvements, the cumulative total for all such payments not to exceed the lesser of $107,000, or the amount accrued under the formula outlined in the proposed Agreement, under the terms and following satisfaction of the conditions set forth in the Agreement.

The Agreement also provides that the City may make additional payments as Supplemental Grants to Developer in a cumulative amount not to exceed $10,000, under the terms and following satisfaction of the conditions set forth in the Agreement.

A copy of the Agreement is on file for public inspection during regular business hours in the office of the City Clerk, City Hall, City of Centerville, Iowa.

At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the proposal to enter into the Agreement with the Developer. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action on the proposal or will abandon the proposal to authorize said Agreement.

Packet Page No. 020 This notice is given by order of the City Council of the City of Centerville in the State of Iowa, as provided by Section 364.6, Code of Iowa.

Dated this ______day of ______, 2020.

City Clerk, City of Centerville in the State of Iowa

(End of Notice)

01773247-1\10295-064

Packet Page No. 021 (One publication required)

NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED CENTERVILLE 2020 URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF CENTERVILLE, STATE OF IOWA

The City Council of the City of Centerville, State of Iowa, will hold a public hearing before itself at its meeting which commences at 6:00 P.M. on November 2, 2020 to consider adoption of a proposed Centerville 2020 Urban Renewal Plan (the "Plan") concerning a proposed Urban Renewal Area in the City of Centerville, State of Iowa.

Due to public health concerns related to COVID-19, this meeting of the City Council will be held electronically, as holding the meeting in person is impossible or impractical. The public may access the meeting electronically via Zoom as follows:

https://us02web.zoom.us/j/92284366531?pwd=VGpPc3dtWngzWkt1VVFZbkc2REM0dz09 Meeting ID: 922 8436 6531

312-626-6799 Meeting ID: 922 8436 6531

Any person or organization desiring to be heard shall be afforded an opportunity to be heard at such hearing. Please check the posted agenda in advance of the November 2, 2020 meeting for any updates to the manner in which the public may access the hearing. Please contact the City Administrator’s office at (641) 437-4339 or [email protected] if you have questions about the format of the meeting, or to request a copy of the Plan.

The Centerville 2020 Urban Renewal Area is proposed to contain the land legally described as follows:

LEGAL DESCRIPTION – BLIGHTED AREA Commencing at the Southwest Corner of the Northwest Quarter of the Southwest Quarter of Section 6, Township 68 North, Range 17 West of the Fifth Principal Meridian, Appanoose County, Iowa, said point being the intersection of the South Corporate Limit of Centerville, Iowa and the centerline of South 18th Street;

Thence Easterly along the meander course of the South Corporate Limit of Centerville, Iowa to a point 70 feet East of the Southeast Corner of the Southwest Quarter of the Southwest Quarter of Section 6, Township 68 North, Range 17 West;

Thence North to a point 70 feet East of the Northeast Corner of the Southwest Quarter of the Southwest Quarter of said Section 6;

Thence West along the South line of the Northeast Quarter of the Southwest Quarter and the Northwest Quarter of the Southwest Quarter of said Section 6 to the East line of South 21st Street in Centerville, Iowa;

Thence North along the East line of 21st Street to a point 330 feet South of the North line of the South one-half of said Section 6;

Packet Page No. 022 Thence East 330 feet;

Thence North 330 feet to the North line of the South one-half of said Section 6;

Thence East along the North line of the South one-half of said Section 6 to the East Quarter Corner of said Section 6;

Thence Northerly along the meander course of the East Corporate Limit of Centerville, Iowa to the Northeast Corner of the Southeast Quarter of the Northwest Quarter of Section 30, Township 69 North, Range 17 West;

Thence Westerly and Southerly along the meander course of the Northerly and Westerly Corporate Limit of Centerville, Iowa to the North line of the Northeast Quarter of the Southwest Quarter of said Section 30, said point lying on the centerline of Rock Valley Road in Centerville, Iowa;

Thence West along the North Corporate Limit of Centerville, Iowa to the Easterly Right- of-way line of Iowa Highway 5;

Thence Southerly along the Easterly Right-of-way line of Iowa Highway 5 to the South line of East Grant Street; Thence West and Southerly along the South and East line of Haynes Avenue to the South line of West Franklin Street; Thence West along the South line of West Franklin Street to the West line of North 4th Street;

Thence Westerly to the Northeast Corner of Lot 14 in Lakeland Heights Addition to the City of Centerville, Iowa;

Thence South along the East line of said Lakeland Heights Addition to the North line of West Madison Street;

Thence West along the North line of West Madison Street to the Southwest Corner of Lot 20 in said Lakeland Heights Addition;

Thence South to the North line of Lot 62 in Oak Park Addition to the City of Centerville, Iowa; Thence West along the North line of said Oak Park Addition to the East line of North 1st Street; Thence South along the East line of North 1st Street to the South line of West Maple Street;

Thence Southeasterly and East along the South line of West Maple Street to the West line of South 10th Street;

Thence South along the West line of South 10th Street to the South line of West Lane Street;

Thence West along the South line of West Lane Street to the East line of South 9th Street;

Thence South along the East line of South 9th Street to the North line of West Wall Street;

Packet Page No. 023 Thence Easterly along the North line of West Wall Street to the West line of South 12th Street;

Thence South along the West line of South 12th Street to the South line of West Terry Street;

Thence West along the South line of West Terry Street to the East Corner of Lot 7 in Lane’s Heights Addition to the City of Centerville, Iowa;

Thence Westerly along the Southerly line of said Lane’s Heights Addition to the West line of the Southwest Quarter of the Southeast Quarter of Section 36, Township 69 North, Range 18 West:

Thence South along the West line of the Southwest Quarter of the Southeast Quarter of said Section 36 and along the West line of the Northwest Quarter of the Northeast Quarter of Section 1, Township 68 North, Range 18 West to the North line of West Garfield Street;

Thence West along the North line of West Garfield Street to the East line of Lot 2 in the Auditor’s Subdivision of the Northeast Quarter of the Northwest Quarter of said Section 1;

Thence North along the East line of said Lot 2 to the North line of the Northeast Quarter of the Northwest Quarter of said Section 1;

Thence West along the North line of the Northwest Quarter of said Section 1 to the Easterly Right- of-way line of the former Chicago Burlington and Quincy Railroad (CB&Q);

Thence Northerly and Westerly along the Easterly and Northerly Right-of-way line of the former CB&Q Railroad to the West line of the Southeast Quarter of the Northeast Quarter of Section 35, Township 69 North, Range 18 West;

Thence South along the West line of the Southeast Quarter of the Northeast Quarter of said Section 35 to the Southerly Right-of-way line of the former CB&Q Railroad;

Thence Easterly and Southerly along the Southerly and Westerly Right-of-way line of the former CB&Q Railroad to the West line of Langford’s First Addition to the City of Centerville, Iowa;

Thence South along the West line of said Lanford’s First Addition to the South line of Southwest Quarter of the Northeast Quarter of Section 1, Township 68 North, Range 18 West;

Thence West along the South line of Southwest Quarter of the Northeast Quarter of said Section 1 to the Northwest Corner of the Northwest Quarter of the Southeast Quarter of said Section 1;

Thence South 660 Feet:

Thence East to the West line of James Fox First Addition to the City of Centerville, Iowa;

Packet Page No. 024 Thence South along the West line of said James Fox First Addition to the South Corporate Limit of Centerville, Iowa;

Thence East along the meander course of the South Corporate Limit of Centerville, Iowa to the Point of Commencement.

AND

LEGAL DESCRIPTION – ECONOMIC DEVELOPMENT AREA

Commencing at the Southwest Corner of the Southwest Quarter of the Southwest Quarter of Section 5, Township 68 North, Range 17 West of the Fifth Principal Meridian, Appanoose County, Iowa, said point being the intersection of the South Corporate Limit of Centerville, Iowa and the centerline of 208th Ave;

Thence Northerly along the meander course of the East Corporate Limit of Centerville, Iowa to the Northeast Corner of the Northwest Quarter of the Southwest Quarter of said Section 5;

Thence West along the Corporate Limit of Centerville, Iowa and along the North line of the Northwest Quarter of the Southwest Quarter of said Section 5 to the East Quarter Corner of Section 6, Township 68 North, Range 17 West;

Thence West along the North line of the South one-half of said Section 6 to a point 130.6 feet West of the Northwest Corner of the Northeast Quarter of the Southwest Quarter of said Section 6;

Thence South 330 feet;

Thence West 330 feet to the East line of South 21st Street in Centerville, Iowa;

Thence South along the East line of South 21st Street to the South line of the Northwest Quarter of the Southwest Quarter of said Section 6;

Thence East along the South Line of the Northwest Quarter of the Southwest Quarter and the Northeast Quarter of the Southwest Quarter of said Section 6 to a point 70 feet East of the Northwest Corner of the Southeast Quarter of the Southwest Quarter of said Section 6;

Thence South to the South line of the Southwest Quarter of said Section 6;

Thence East along the South line of Section 6 to the Point of Commencement.

A copy of the Plan is on file for public inspection in the office of the City Clerk, City Hall, City of Centerville, Iowa.

The City of Centerville, State of Iowa is the local public agency which, if such Plan is approved, shall undertake the urban renewal activities described in such Plan.

The general scope of the urban renewal activities under consideration in the Plan is to promote economic development and to rehabilitate, conserve and redevelop land, buildings and other improvements within such area through the elimination and containment of conditions of blight so as to improve the

Packet Page No. 025 community through the establishment of effective land use controls, through use of an effective program of rehabilitation of existing buildings and elimination of those structures which cannot be economically rehabilitated, with a limited amount of acquisition, clearance, resale and improvement of land for various purposes specified in the Plan. To accomplish the objectives of the Plan, and to encourage the further economic development of the Urban Renewal Area, the Plan provides that such special financing activities may include, but not be limited to, the making of loans or grants of public funds to private entities under Chapter 15A, Code of Iowa. The City also may reimburse or directly undertake the installation, construction and reconstruction of substantial public improvements, including, but not limited to, street, water, sanitary sewer, storm sewer or other public improvements. The City also may acquire and make land available for development or redevelopment by private enterprise as authorized by law. The Plan provides that the City may issue bonds or use available funds for purposes allowed by the Plan and that tax increment reimbursement of the costs of urban renewal projects may be sought if and to the extent incurred by the City. The Plan initially proposes no specific public infrastructure or site improvements to be undertaken by the City, and provides that the Plan may be amended from time to time.

Any person or organization desiring to be heard shall be afforded an opportunity to be heard at such hearing.

This notice is given by order of the City Council of the City of Centerville, State of Iowa, as provided by Section 403.5, Code of Iowa.

Dated this ______day of ______, 2020.

City Clerk, City of Centerville, State of Iowa

(End of Notice)

01773242-1\10295-063

Packet Page No. 026 Packet Page No. 027 Packet Page No. 028 Packet Page No. 029 Packet Page No. 030 CITY OF CENTERVILLE 312 East Maple St, PO Box 578 Centerville, IA 52544 www.centerville-ia.org Phone: (641) 437-4339 Fax: (641) 437-1498

City Administrator Report – 11/02/2020

Below is the list of significant items that the City Administrator and City Hall are actively working on.

Lelah Bradley Active Campus Management Agreement: the draft management agreement has been sent to the Council and the Appanoose Conservation Foundation for comment. The final agreement is anticipated to be presented in December

Jail 28E Agreement: The Administrator, City Attorney, County Attorney, and County Supervisor Demry met on Monday (11/2) to discuss final points on the new law center 28E agreement. The final version is anticipated to be presented at the November 16 Council meeting.

HWY 5 Repair: The contractor estimates that the culvert repair under the highway should be complete in 2-3 weeks from this meeting. The milling and overlay project is scheduled as the last DOT project of the season which may result in the project slipping to the first project in the spring. The milling and overlay project is anticipated to take 85 days to substantial completion.

Square H Frames – Alliant Energy: Q3, Alliant’s contractor, has finished with the installation of their infrastructure. Currently the telecom companies are finishing their installation. Q3 is anticipated to begin temporary patching the first week of October.

Rotary Foundation: The park shelter at North park has been built. We are awaiting final completion from the vendor to close out the project.

Waste Water Plan: The draft plans for the project are still underway. The City, through Fox Engineering, has applied for a Sponsored Project grant through the DNR.

Square/Water Quality Improvement Project: The City was awarded a grant from Iowa DNR for a Water Quality Improvement Project in our drainage districts. The grant was awarded for $1.13 Million and will likely be completed in the Square district. Future public input sessions and hearings will be held before the final design is submitted for approval.

Water Main Project: The contractor has been granted substantial completion. The City and Hall Engineering are working on final punch list items for completion by the contractor.

Disc Golf Course: Replacement on the existing baskets is anticipated to occur over the course of the next two weeks depending on the weather.

Housing Abandonments/Demolitions: 629 W. Maple (Owned by City, pending demolition), 404 E. Van Buren (Owned by City, pending demolition) 1001 W. Washington (Owned by City,

1 City Administrator’s Report Packet Page No. 031 CITY OF CENTERVILLE 312 East Maple St, PO Box 578 Centerville, IA 52544 www.centerville-ia.org Phone: (641) 437-4339 Fax: (641) 437-1498

pending demolition), 1625 S. 18th (Owned by City, pending demolition), 1605 S. 21st - Moore (pending abandonment resolution), 1611 S. 21st – Blumer (pending abandonment resolution), 1510 S. Drake - Davenport, (pending abandonment resolution), 1402 S. Main – Booth (pending abandonment resolution)

Agenda Requests not included on Agenda: City Hall receives more agenda requests than are presented at each City Council Meeting. The City Administrator evaluates each one to make sure that the business to be discussed is appropriate for the City Council to decide on.

Brad Dittmer – Discussion on Nativity Scene on Square. Moved to November 16th meeting pending the outcome of Square Use Policy Agenda Item

Citizen Input: None provided

Ongoing Items: These are items previously mentioned in Administrator reports that are still ongoing.

Housing In-Fill: No updates since last meeting

Water Plant Demolition: No updates since last meeting. The project is substantially complete. There is still final grading and seeding that will need to occur. As the seeding season is nearing completion, WW will likely have to go against the contractors bond to complete the work.

Airport Repairs: No updates since last meeting. The City/Airport Commission will be submitting for funding to replace current lighting and navigational equipment. The project is anticipated to cost $450,000 with FAA covering 90% of that cost.

United Way Park Trail: No updates since last meeting. The construction portion of this project is complete. The City has seeded the disturbed soil areas.

Dead Trees: No update since last meeting. In anticipation for winter and possible ice storms, the City is going to begin focusing on ensuring that dead trees are being taken down by home owners. The City is finalizing the notice process and will begin notifying owners in the next few weeks of work that needs to be done. This will focus on trees in the Right of way and those with Emerald Ash Borer.

2 City Administrator’s Report Packet Page No. 032 ORDINANCE NO. 1338

AN ORDINANCE REPEALING ORDINANCE NOS. 1200, 1224, 1241, AND 1258 PROVIDING FOR THE DIVISION OF TAXES LEVIED ON TAXABLE PROPERTY IN THE CENTERVILLE AREA #2 URBAN RENEWAL AREA (INCLUDING URBAN RENEWAL AREA #1), IN THE CITY OF CENTERVILLE, IOWA, PURSUANT TO SECTION 403.19 OF THE CODE OF IOWA.

WHEREAS, the City of Centerville ("City") adopted the Centerville Area #1 Urban Renewal Plan for the Centerville Area #1 Urban Renewal Area ("Urban Renewal Area #1") by Resolution No. 97-1985 on March 3, 1997; and

WHEREAS, the City adopted the Centerville Area #2 Urban Renewal Plan for the Centerville Area #2 Urban Renewal Area ("Urban Renewal Area" or "Urban Renewal Area #2") by Resolution No. 99-2191 on November 15, 1999; and

WHEREAS, the City subsequently adopted an Amendment No. 1 to the Centerville Area #2 Urban Renewal Plan for Urban Renewal Area #2 by Resolution No. 2001-2258 on November 13, 2001, which Amendment No. 1, among other things, unified Urban Renewal Area #1 and Urban Renewal Area #2, to be known as Urban Renewal Area #2, combined the Centerville Area #1 Urban Renewal Plan and the original Centerville Area #2 Urban Renewal Plan into one unified Urban Renewal Plan ("Plan"); and added new land to the resulting Urban Renewal Area #2; and

WHEREAS, the City subsequently adopted an Amendment No. 2 to the Plan and an Amendment No. 3 to the Plan on August 16, 2004 and May 23, 2016, respectively; and

WHEREAS, the unified Urban Renewal Area #2, as amended, is legally described as follows:

URBAN RENEWAL AREA #1

Rubbermaid Specialty Products Inc.:

Lot 1 and Lot 2 in Block Two of Lakeview Industrial Park as surveyed and platted in a Preliminary Plat prepared by Hoskins-Western-Sonderegger, Engineers, recorded on May 17, 1985 in Book 64 at page 203 in the office of the Appanoose County Recorder; Parcel A, Parcel B and Parcel C of a land survey recorded on November 7, 1995 in Book 79 at page 36 in the office of the Appanoose County Recorder; excepting therefrom Parcel D of a land survey recorded March 1, 1996 in Book 79 at page 238 in the office of the Appanoose County Recorder, said tract more particularly described as follows:

Commencing at the Southeast Corner of Section 6, Township 68 North, Range 17 West of the Fifth Principal Meridian, Appanoose County, Iowa, and proceeding thence North 0050'43" West 80.00 feet; thence South 8949'01" West 85.01 feet to a point on the Northerly right-of-way line of an Appanoose County Road, the centerline of which is contiguous to the South line of the Southeast Quarter of said Section 6, and the South line of the Southeast Quarter of said Section 6 is 1 Packet Page No. 033 assumed to bear South 8949'01" West; thence North 0050'43" West 239.98 feet along the Westerly right-of-way line of an Appanoose County Road to the Point of Beginning; thence South 8949'01" West 1519.70 feet along the North line of Lots 8, 7, 6 and 5 in Block One of said Lakeview Industrial Park; thence North 44 58'41" West 456.63 feet; thence North 0107'52" West 96.11 feet to a Point of Curvature; thence Northerly 91.76 feet along a 90.00 foot radius curve, concave Southwesterly, to a Point of Tangency; thence North 5932'48" West 161.64 feet to a Point of Curvature; thence Westerly 16.44 feet along a 30.00 foot radius curve, concave Southerly, to a Point of Tangency; thence South 8903'30" West 443.20 feet to the Easterly right-of-way line of Industrial Park Road; thence Southerly 45.38 feet along said right-of-way line along a 246.50 foot radius curve, concave Southeasterly to a Point of Tangency; thence South 8852'08" West 80.00 feet to a point on the West line of the Southeast Quarter of said Section 6; thence North 0107'52" West 730.95 feet along the West line of the Southeast Quarter of said Section 6; thence North 8945'30" East 1485.14 feet to a point on the Southwesterly right-of-way line of the Appanoose County Community Railroad; thence South 5150'03" East 1390.91 feet along said railroad right-of-way line to the Westerly right-of-way line of an Appanoose County Road; thence South 0050'43" East 399.68 feet along said right-of-way line to the Point of Beginning, said parcel containing 53.077 acres, more or less, subject to easements and agreements of record; and

Wells Mfg. Corp.:

A part of Outlot A in Block One of Lakeview Industrial Park referred to as Parcel D and more particularly described as follows:

Commencing at the Southeast Corner of Section 6, Township 68 North, Range 17 West of the Fifth Principal Meridian, Appanoose County, Iowa, and proceeding thence North 0050'43" West 80.00 feet; thence South 8949'01" West 85.01 feet to a point on the Northerly right-of-way line of an Appanoose County Road, the centerline of which is contiguous to the South line of the Southeast Quarter of said Section 6, and the South line of the Southeast Quarter of said Section 6 is assumed to bear South 8949'01" West; thence North 0050'43" West 239.98 feet along the Westerly right-of-way line of an Appanoose County Road; thence South 8949'01" West 149.70 feet to the Northeast Corner of Lot 8 in Block One of said Lakeview Industrial Park; thence South 8949'01" West 1370.00 feet along the North line of Lots 8, 7, 6 and 5 in Block One of said Lakeview Industrial Park; thence North 4458'41" West 456.63 feet to the Point of Beginning of Parcel D; thence North 4458'41" West 363.38 feet; thence North 8903'30" East 55.55 feet to a Point of Curvature; thence Easterly 16.44 feet along a 30.00 foot radius curve, concave Southerly, to a Point of Tangency; thence South 5932'48" East 161.64 feet to a Point of Curvature; thence Southerly 91.76 feet along a 90.00 foot radius curve, concave Southwesterly to a Point of Tangency; thence South 0107'52" East 96.11 feet to the Point of Beginning, said parcel containing 0.498 acres, more or less.

2 Packet Page No. 034 A tract of land in the Southeast Quarter of Section 6, Township 68 North, Range 17 West of the 5th P.M., Appanoose County, Iowa, more particularly described as being Lots 1, 2, 3 and 4, Block 1, of Lakeview Industrial Park, except real estate referred to as Parcel C more particularly described as:

Commencing at the South Quarter Corner of Section 6, Township 68 North, Range 17 West of the Fifth Principal Meridian, Appanoose County, Iowa, and proceeding thence North 8949'01" East 80.01 feet along the South line of the Southeast Quarter of said Section 6; thence North 0107'52" West 80.01 feet to the Southwest Corner of Lot 3 in Block One of said Lakeview Industrial Park; thence North 0107'52" West 771.66 feet along the West line of Lots 3, 2 and 1 in Block One of said Lakeview Industrial Park to a Point of Curvature; thence Northerly 45.38 feet along a 246.50 foot radius curve, concave Easterly, to the Point of Beginning of Parcel C; thence Northeasterly 345.35 feet along a 246.50 foot radius curve, concave Southeasterly, to a Point of Tangency; thence North 8941'27" East 30.00 feet; thence South 3001'31" West 80.00 feet; thence South 4458'41" East 169.73 feet; thence South 8903'30" West 387.65 feet to the point of beginning, said parcel containing 1.143 acres, more or less; and

Young Radiator Company:

The Southeast Quarter of the Southwest Quarter of Section 6, Township 68 North, Range 17 West of the 5th P.M., except the West 70 feet; and

Viskase Corporation:

A parcel of land bounded by a line beginning at the center of Section 6, Township 68 North, Range 17 West of the 5th P.M., and running thence East 169.3 feet along the North line of the Southeast Quarter of said Section, thence South 51 33" East 1699.3 feet along the West side of the C.B. & Q Railroad right-of-way, thence West 1479.5 feet, thence North 0107' West 1056.9 feet along the West line of said Quarter Section to the point of beginning, situated in Appanoose County, Iowa;

The Northeast Quarter of the Southwest Quarter and the East 14 acres of the Northwest Quarter of the Southwest Quarter of Section 6, Township 68, Range 17, Appanoose County, Iowa, except the North 49 feet of the West 738 feet of the Northeast Quarter of the Southwest Quarter of said Section 6 and the West 49 feet and the North 49 feet of the East 14 acres of the Northwest Quarter of the Southwest Quarter of said Section 6, Township 68, Range 17; and

URBAN RENEWAL AREA #2

All properties which border 18th Street within the existing City limits and extending East to the existing corporate City line, excluding the existing urban renewal area established in 1997;

3 Packet Page No. 035 All properties which border the North and South sides of East State Street starting with the West side of the intersection of East State and 18th Streets and extending West to 13th Street;

All properties within one block surrounding the Courthouse Square and inside the area bounded on the North by Washington Street, on the East by Haynes Avenue, on the South by Maple Street and on the West by 10th Street; and

All properties within the 1999 Voluntary Annexation area, including properties owned by the City of Centerville and Appanoose Industrial Corporation.

AMENDMENT NO. 1 TO URBAN RENEWAL AREA #2

All that part of the Southeast Quarter of Section Six (6), Township Sixty-eight (68) North, Range Seventeen (17) West of the 5th P.M., lying on the North side of the Keokuk & Western Railroad tracks, containing 50 acres more or less;

The West Half of the Southwest Quarter (SW-1/4) of Section Five (5), Township Sixty-eight (68) North, Range seventeen (17) West of the 5th P.M., Appanoose County, Iowa, except five (5) acres thereof lying Southwest of the former Chicago, Burlington and Quincy Railroad right-of-way; and

All that portion of the Appanoose County Community Railroad located in:

The Southeast Quarter of Section Six (6), Township Sixty-eight (68) North, Range Seventeen (17) West of the 5th P.M., Appanoose County, Iowa, and the West Half of the Southwest Quarter (SW-1/4) of Section Five (5), Township Sixty-eight (68) North, Range Seventeen (17) West of the 5th P.M., Appanoose County, Iowa.

AMENDMENT NO. 2 TO URBAN RENEWAL AREA #2

Lots 4, 5, 6, 7 and 8 of Block 2 and Lot 1 of Block 3 of Law Bros. And Bromberg=s First Addition to Centerville, Iowa, in the Southwest Quarter of the Southwest Quarter of Section 6, Township 68 North, Range 17 West of the 5th P.M., Appanoose County, Iowa, except Highway Right-of-way of West Side of Said Lots. Also Beginning at a Point 193 Feet East and 425 Feet North of the Southwest Corner of Above Named Section 6; thence East 941.2 Feet, thence North 25 Feet, thence East 204.83 Feet, thence South 25 Feet, thence East 102.5 Feet to the East Line of the Southwest Quarter of the Southwest Quarter of said Section 6, thence North on the East Line 500 Feet, thence West 1246.55 Feet, thence South 500 Feet to the Point of Beginning, Containing 14.4 Acres More or Less. Also the Street 50 Feet Wide Lying Between Lot 1, Block 3 in Law Bros. And Bromberg=s First Addition to Centerville, Iowa, and Lot 8, Block 2, in Said Addition; and Alley 20 Feet Wide Running North and South Along the East End of Lot 1, Block 3, and Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 2, in Said Addition, Except the West Half of that Portion of Said Alley Lying Back of Lots 1, 2, and 3, Block 2, in Said Addition; and

4 Packet Page No. 036 Commencing at the Southwest Corner of the Southeast Quarter of the Southwest Quarter of Section 6, Township 68 North, Range 17 West in Appanoose County, Iowa, thence North 925 Feet, thence East 70 Feet, thence South 925 Feet, thence West 70 Feet to the Point of Beginning.

AMENDMENT NO. 3 TO URBAN RENEWAL AREA #2

1) Old Park Description COMMENCING AT A POINT 210 FEET SOUTH OF THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 69 NORTH, RANGE 18 WEST THENCE SOUTH 836 FEET, THENCE EAST 1116.5 FEET, THENCE NORTH 300 FEET, THENCE EAST 450 FEET TO A POINT ON THE WEST LINE OF SOUTH 10TH STREET, THENCE NORTH 186 FEET, THENCE WEST 231.5 FEET, THENCE NORTH 350 FEET, THENCE WEST 620 FEET, THENCE NORTH 190 FEET, THENCE WEST 104.2 FEET, THENCE SOUTH 165 FEET, THENCE EAST 100 FEET, THENCE SOUTH 25 FEET, THENCE EAST 500 FEET TO THE POINT OF BEGINNING AND ALSO LANE HEIGHTS BLOCK 3 AND ALSO LANES LOTS 1,2,3,4,5&6 BLOCK 2 AND ALSO LOTS 11&12 OF J.W. LANES SUBDIVISION AND EXCEPT LOT 1A OF LANE’S SUBDIVISION ALL IN SECTION 36, TOWNSHIP 69 NORTH, RANGE 18 WEST OF THE 5TH P.M., CITY OF CENTERVILLE, APPANOOSE COUNTY, IOWA.

AND

2) Legal for Z-Shaped Lot COMMENCING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 1 OF LANE’S FIRST ADDITION, THENCE EAST 60 FEET, THENCE SOUTH 240 FEET TO THE NORTHWEST CORNER OF LOT 2 BLOCK 3 OF LANE’S FIRST ADDITION THENCE WEST 261.5 FEET TO THE NORTHWEST CORNER OF LOT 2 BLOCK 2 OF LANE’S FIRST ADDITION, THENCE SOUTH 300 FEET TO THE SOUTHWEST CORNER OF LOT 6 BLOCK 2 OF LANE’S FIRST ADDITION, THENCE WEST 30 FEET, THENCE NORTH 340 FEET, THENCE EAST 230 FEET TO THE SOUTHEAST CORNER OF LOT 1 BLOCK 1 OF LANE’S FIRST ADDITION, THENCE NORTH 200 FEET TO THE PLACE OF BEGINNING, ALL IN SECTION 36, TOWNSHIP 69 NORTH, RANGE 18 WEST OF THE 5TH P.M., CITY OF CENTERVILLE, APPANOOSE COUNTY, IOWA.

AND

5 Packet Page No. 037 3) Motel 2 Description – 612 W. Maple (Watts to City) COMMENCING 607.5 FEET WEST AND 30 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 69, RANGE 18 IN APPANOOSE COUNTY, IOWA, THENCE SOUTH 190 FEET, THENCE EAST 100 FEET, THENCE NORTH 190 FEET, THENCE WEST 100 FEET TO THE PLACE OF BEGINNING. ALL IN SECTION 36, TOWNSHIP 69 NORTH, RANGE 18 WEST OF THE 5TH P.M., CITY OF CENTERVILLE, APPANOOSE COUNTY, IOWA.

AND

4) 10th Street Right of Way COMMENCING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 1 OF LANE’S FIRST ADDITION, THENCE EAST 60 FEET, THENCE SOUTH 240 FEET TO THE NORTHWEST CORNER OF LOT 2, BLOCK 3 OF LANE’S FIRST ADDITION, THENCE WEST 60 FEET TO THE NORTHEAST CORNER OF LOT 1, BLOCK 2 OF LANE’S FIRST ADDITION, THENCE NORTH 240 FEET TO THE POINT OF BEGINNING, ALL IN SECTION 36, TOWNSHIP 69, RANGE 18, CITY OF CENTERVILLE, APPANOOSE COUNTY, IOWA.

WHEREAS, the City adopted Ordinance No. 1200 on March 3, 1997 to implement the division of property tax revenues under Iowa Code Section 403.19 in Urban Renewal Area #1; and

WHEREAS, the City adopted Ordinance No. 1224 on November 15, 1999 to implement the division of property tax revenues under Iowa Code section 403.19 in the original Urban Renewal Area #2; and

WHEREAS, the City adopted Ordinances Nos. 1241 and 1258 on November 13, 2001 and August 16, 2004, respectively, to implement the division of property tax revenues under Iowa Code Section 403.19 in the unified Urban Renewal Area #2, as unified and amended; and

WHEREAS, all debt that has been certified for reimbursement from Urban Renewal Area #2, as amended, has been fully paid and there are no current obligations under the Plan to be paid from any tax increment within Urban Renewal Area #2, as amended; and

WHEREAS, the City determined the Plan has fulfilled its purpose and the City Council has terminated the Plan and Urban Renewal Area #2, as amended, including the area originally comprising Urban Renewal Area #1 by Resolution; and

WHEREAS, accordingly, the City has determined to repeal Ordinance Nos. 1200, 1224, 1241, and 1258 providing for the division of taxes levied on taxable property in Urban Renewal Area #2, as amended, including the area originally comprising Urban Renewal Area #1.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE, STATE OF IOWA:

Section 1. That Ordinance Nos. 1200, 1224, 1241, and 1258 are hereby repealed in their entirety and shall have no further effect. 6 Packet Page No. 038 Section 2. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.

Section 3. This Ordinance shall be in effect after its final passage, approval, and publication as provided by law.

PASSED AND APPROVED the _____ day of ______, 2020.

______Mayor

ATTEST:

______City Clerk

Read First Time: _October 5______, 2020

Read Second Time: _October 19 ______, 2020

Read Third Time: ______, 2020

PASSED AND APPROVED: ______, 2020.

I, ______, City Clerk of the City of Centerville, State of Iowa, hereby certify that the above and foregoing is a true copy of Ordinance No. ______passed and approved by the City Council of the City at a meeting held ______, 2020, signed by the Mayor on ______, 2020, and published in the Ottumwa Courier on ______, 2020.

City Clerk, City of Centerville, State of Iowa

(SEAL)

01589267-1\10295-026

7 Packet Page No. 039 ITEMS TO INCLUDE ON AGENDA

CITY OF CENTERVILLE, IOWA November 2, 2020 6:00 P.M.

Centerville 2020 Urban Renewal Plan

 Public hearing on the proposed Centerville 2020 Urban Renewal Plan

 Resolution determining an area of the City to be an economic development and blighted area, and that the rehabilitation, conservation, redevelopment, development or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of the City; designating such area as appropriate for urban renewal projects; and adopting the Centerville 2020 Urban Renewal Plan

 CConsideration of Ordinance for the division of revenues under Section 403.19, Code of Iowa, for Centerville 2020 Urban Renewal Plan

IMPORTANT INFORMATION

1. The above agenda items should be included, along with any other agenda items, in the meeting agenda. The agenda should be posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting. If no such office exists, the notice must be posted at the building in which the meeting is to be held. 2. If you do not now have a bulletin board designated as above mentioned, designate one and establish a uniform policy of posting your notices of meeting and tentative agenda. 3. Notice and tentative agenda must be posted at least 24 hours prior to the commencement of the meeting.

NOTICE MUST BE GIVEN PURSUANT TO CHAPTER 21, CODE OF IOWA, AND THE LOCAL RULES OF THE CITY.

Packet Page No. 040 November 2, 2020

The City Council of the City of Centerville, State of Iowa, met in ______session, by electronic meeting pursuant to Iowa Code Section 21.8, at 6:00 P.M., on the above date. There were present Mayor ______, in the chair, and the following named Council Members:

______

Absent: ______

Vacant: ______

* * * * * * * * *

i Packet Page No. 041 This being the time and place fixed for a public hearing on the matter of the adoption of the proposed Centerville 2020 Urban Renewal Plan, the Mayor first asked for the report of the City Administrator, or his delegate, with respect to the consultation held with the affected taxing entities to discuss the proposed Plan. The Council was informed that the consultation was duly held as ordered by the Council, and that ______written recommendations were received from affected taxing entities. The report of the City Administrator, or his delegate, with respect to the consultation was placed on file for consideration by the Council.

The City also was informed that the proposed Plan had been approved by the Planning and Zoning Commission as being in conformity with the general plan for development of the City as a whole, as set forth in the minutes or report of the Commission. The Commission's report or minutes were placed on file for consideration by the Council.

The Mayor then asked the City Clerk whether any written objections had been filed with respect to the proposed Plan, and the City Clerk reported that ______written objections thereto had been filed. The Mayor then called for any oral objections to the adoption of the Centerville 2020 Urban Renewal Plan and ______were made. The public hearing was then closed.

{Attach summary of objections here}

ii Packet Page No. 042 Council Member ______then introduced the following Resolution entitled "RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AND BLIGHTED AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR URBAN RENEWAL PROJECTS; AND ADOPTING THE CENTERVILLE 2020 URBAN RENEWAL PLAN" and moved:

that the Resolution be adopted.

to defer action on the Resolution and the proposal to the meeting to be held at ______.M. on the ______day of ______, 2020, at this place.

Council Member ______seconded the motion. The roll was called, and the vote was:

AYES: ______

______

NAYS: ______

Whereupon, the Mayor declared the measure duly adopted.

iii Packet Page No. 043 RESOLUTION NO. ______2020-3760

RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AND BLIGHTED AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR URBAN RENEWAL PROJECTS; AND ADOPTING THE CENTERVILLE 2020 URBAN RENEWAL PLAN

WHEREAS, this Council has reasonable cause to believe that the area described below satisfies the eligibility criteria for designation as an urban renewal area under Iowa law; and

WHEREAS, a proposed Centerville 2020 Urban Renewal Plan ("Plan" or "Urban Renewal Plan") for the Centerville 2020 Urban Renewal Area ("Area" or "Urban Renewal Area") described below has been prepared, which proposed Plan is on file in the office of the City Clerk and which is incorporated herein by reference; and

WHEREAS, this proposed Urban Renewal Area includes and consists of:

LEGAL DESCRIPTION – BLIGHTED AREA Commencing at the Southwest Corner of the Northwest Quarter of the Southwest Quarter of Section 6, Township 68 North, Range 17 West of the Fifth Principal Meridian, Appanoose County, Iowa, said point being the intersection of the South Corporate Limit of Centerville, Iowa and the centerline of South 18th Street;

Thence Easterly along the meander course of the South Corporate Limit of Centerville, Iowa to a point 70 feet East of the Southeast Corner of the Southwest Quarter of the Southwest Quarter of Section 6, Township 68 North, Range 17 West;

Thence North to a point 70 feet East of the Northeast Corner of the Southwest Quarter of the Southwest Quarter of said Section 6;

Thence West along the South line of the Northeast Quarter of the Southwest Quarter and the Northwest Quarter of the Southwest Quarter of said Section 6 to the East line of South 21st Street in Centerville, Iowa;

Thence North along the East line of 21st Street to a point 330 feet South of the North line of the South one-half of said Section 6;

Thence East 330 feet;

Thence North 330 feet to the North line of the South one-half of said Section 6;

1 Packet Page No. 044 Thence East along the North line of the South one-half of said Section 6 to the East Quarter Corner of said Section 6;

Thence Northerly along the meander course of the East Corporate Limit of Centerville, Iowa to the Northeast Corner of the Southeast Quarter of the Northwest Quarter of Section 30, Township 69 North, Range 17 West;

Thence Westerly and Southerly along the meander course of the Northerly and Westerly Corporate Limit of Centerville, Iowa to the North line of the Northeast Quarter of the Southwest Quarter of said Section 30, said point lying on the centerline of Rock Valley Road in Centerville, Iowa;

Thence West along the North Corporate Limit of Centerville, Iowa to the Easterly Right-of-way line of Iowa Highway 5;

Thence Southerly along the Easterly Right-of-way line of Iowa Highway 5 to the South line of East Grant Street; Thence West and Southerly along the South and East line of Haynes Avenue to the South line of West Franklin Street; Thence West along the South line of West Franklin Street to the West line of North 4th Street;

Thence Westerly to the Northeast Corner of Lot 14 in Lakeland Heights Addition to the City of Centerville, Iowa;

Thence South along the East line of said Lakeland Heights Addition to the North line of West Madison Street;

Thence West along the North line of West Madison Street to the Southwest Corner of Lot 20 in said Lakeland Heights Addition;

Thence South to the North line of Lot 62 in Oak Park Addition to the City of Centerville, Iowa; Thence West along the North line of said Oak Park Addition to the East line of North 1st Street; Thence South along the East line of North 1st Street to the South line of West Maple Street;

Thence Southeasterly and East along the South line of West Maple Street to the West line of South 10th Street;

Thence South along the West line of South 10th Street to the South line of West Lane Street;

Thence West along the South line of West Lane Street to the East line of South 9th Street;

2 Packet Page No. 045 Thence South along the East line of South 9th Street to the North line of West Wall Street;

Thence Easterly along the North line of West Wall Street to the West line of South 12th Street;

Thence South along the West line of South 12th Street to the South line of West Terry Street;

Thence West along the South line of West Terry Street to the East Corner of Lot 7 in Lane’s Heights Addition to the City of Centerville, Iowa;

Thence Westerly along the Southerly line of said Lane’s Heights Addition to the West line of the Southwest Quarter of the Southeast Quarter of Section 36, Township 69 North, Range 18 West:

Thence South along the West line of the Southwest Quarter of the Southeast Quarter of said Section 36 and along the West line of the Northwest Quarter of the Northeast Quarter of Section 1, Township 68 North, Range 18 West to the North line of West Garfield Street;

Thence West along the North line of West Garfield Street to the East line of Lot 2 in the Auditor’s Subdivision of the Northeast Quarter of the Northwest Quarter of said Section 1;

Thence North along the East line of said Lot 2 to the North line of the Northeast Quarter of the Northwest Quarter of said Section 1;

Thence West along the North line of the Northwest Quarter of said Section 1 to the Easterly Right- of-way line of the former Chicago Burlington and Quincy Railroad (CB&Q);

Thence Northerly and Westerly along the Easterly and Northerly Right-of-way line of the former CB&Q Railroad to the West line of the Southeast Quarter of the Northeast Quarter of Section 35, Township 69 North, Range 18 West;

Thence South along the West line of the Southeast Quarter of the Northeast Quarter of said Section 35 to the Southerly Right-of-way line of the former CB&Q Railroad;

Thence Easterly and Southerly along the Southerly and Westerly Right-of-way line of the former CB&Q Railroad to the West line of Langford’s First Addition to the City of Centerville, Iowa;

3 Packet Page No. 046 Thence South along the West line of said Lanford’s First Addition to the South line of Southwest Quarter of the Northeast Quarter of Section 1, Township 68 North, Range 18 West;

Thence West along the South line of Southwest Quarter of the Northeast Quarter of said Section 1 to the Northwest Corner of the Northwest Quarter of the Southeast Quarter of said Section 1;

Thence South 660 Feet:

Thence East to the West line of James Fox First Addition to the City of Centerville, Iowa;

Thence South along the West line of said James Fox First Addition to the South Corporate Limit of Centerville, Iowa;

Thence East along the meander course of the South Corporate Limit of Centerville, Iowa to the Point of Commencement.

AND

LEGAL DESCRIPTION – ECONOMIC DEVELOPMENT AREA

Commencing at the Southwest Corner of the Southwest Quarter of the Southwest Quarter of Section 5, Township 68 North, Range 17 West of the Fifth Principal Meridian, Appanoose County, Iowa, said point being the intersection of the South Corporate Limit of Centerville, Iowa and the centerline of 208th Ave;

Thence Northerly along the meander course of the East Corporate Limit of Centerville, Iowa to the Northeast Corner of the Northwest Quarter of the Southwest Quarter of said Section 5;

Thence West along the Corporate Limit of Centerville, Iowa and along the North line of the Northwest Quarter of the Southwest Quarter of said Section 5 to the East Quarter Corner of Section 6, Township 68 North, Range 17 West;

Thence West along the North line of the South one-half of said Section 6 to a point 130.6 feet West of the Northwest Corner of the Northeast Quarter of the Southwest Quarter of said Section 6;

Thence South 330 feet;

Thence West 330 feet to the East line of South 21st Street in Centerville, Iowa;

Thence South along the East line of South 21st Street to the South line of the Northwest Quarter of the Southwest Quarter of said Section 6;

4 Packet Page No. 047 Thence East along the South Line of the Northwest Quarter of the Southwest Quarter and the Northeast Quarter of the Southwest Quarter of said Section 6 to a point 70 feet East of the Northwest Corner of the Southeast Quarter of the Southwest Quarter of said Section 6;

Thence South to the South line of the Southwest Quarter of said Section 6;

Thence East along the South line of Section 6 to the Point of Commencement.

WHEREAS, it is desirable that the Urban Renewal Area be redeveloped as described in the proposed Urban Renewal Plan to be known hereafter as the "Centerville 2020 Urban Renewal Plan"; and

WHEREAS, the Iowa statutes require the City Council to submit the proposed Urban Renewal Plan to the Planning and Zoning Commission for review and recommendation as to its conformity with the general plan for development of the City as a whole, prior to City Council approval thereof; and

WHEREAS, creation of the Urban Renewal Area and adoption of the Urban Renewal Plan therefore has been approved by the Planning and Zoning Commission for the City as being in conformity with the general plan for development of the City as a whole, as evidenced by its written report and recommendation filed herewith, which report and recommendation is hereby accepted, approved in all respects and incorporated herein by this reference; and

WHEREAS, by resolution adopted on October 5, 2020, this Council directed that a consultation be held with the designated representatives of all affected taxing entities to discuss the proposed Urban Renewal Plan and the division of revenue described therein, and that notice of the consultation and a copy of the proposed Urban Renewal Plan be sent to all affected taxing entities; and

WHEREAS, pursuant to such notice, the consultation was duly held as ordered by the City Council and all required responses to the recommendations made by the affected taxing entities, if any, have been timely made as set forth in the report of the City Administrator, or his delegate, filed herewith and incorporated herein by this reference, which report is in all respects approved; and

WHEREAS, by resolution this Council also set a public hearing on the adoption of the proposed Urban Renewal Plan for this meeting of the Council, and due and proper notice of the public hearing was given, as provided by law, by timely publication in the Ottumwa Courier, which notice set forth the time and place for this hearing and the nature and purpose thereof; and

WHEREAS, in accordance with the notice, all persons or organizations desiring to be heard on the proposed Urban Renewal Plan, both for and against, have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed to this Council in connection therewith and the public hearing has been closed.

5 Packet Page No. 048 NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE, STATE OF IOWA:

Section 1. That the findings and conclusions set forth or contained in the proposed "Centerville 2020 Urban Renewal Plan" for the area of the City of Centerville, State of Iowa, legally described and depicted in the Plan and incorporated herein by reference (which area shall hereinafter be known as the "Centerville 2020 Urban Renewal Area"), be and the same are hereby adopted and approved as the findings of this Council for this area.

Section 2. This Council further finds:

a) Although relocation is not expected, a feasible method exists for the relocation of any families who will be displaced from the Urban Renewal Area into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families;

b) The Urban Renewal Plan conforms to the general plan for the development of the City as a whole; and

c) Acquisition by the City is not immediately expected, however, as to any areas of open land to be acquired by the City included within the Urban Renewal Area:

i. Residential use is expected and with reference to those portions thereof which are to be developed for residential uses, this City Council hereby determines that a shortage of housing of sound standards and design with decency, safety and sanitation exists within the City; that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality; and that one or more of the following conditions exist:

a. That the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas, including other portions of the urban renewal area.

b. That conditions of blight in the municipality and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime, so as to constitute a menace to the public health, safety, morals, or welfare.

c. That the provision of public improvements related to housing and residential development will encourage housing and residential development which is necessary to encourage the retention or relocation of industrial and commercial enterprises in this state and its municipalities.

d. The acquisition of the area is necessary to provide for the construction of housing for low and moderate income families.

ii. Non-residential use is expected and with reference to those portions thereof which are to be developed for non-residential uses, such non-residential

6 Packet Page No. 049 uses are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives.

Section 3. That the Urban Renewal Area is an economic development and blighted area within the meaning of Chapter 403, Code of Iowa; that such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403, Code of Iowa; and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City.

Section 4. That the Urban Renewal Plan, attached hereto as Exhibit 1 and incorporated herein by reference, be and the same is hereby approved and adopted as the "Centerville 2020 Urban Renewal Plan for the Centerville 2020 Urban Renewal Area"; the Urban Renewal Plan for such area is hereby in all respects approved; and the City Clerk is hereby directed to file a certified copy of the Urban Renewal Plan with the proceedings of this meeting.

Section 5. That, notwithstanding any resolution, ordinance, plan, amendment or any other document, the original Urban Renewal Plan shall be in full force and effect from the date of this Resolution until the Council amends or repeals the Plan. Said Urban Renewal Plan shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the Recorder for Appanoose County, Iowa, to be filed and recorded in the manner provided by law.

PASSED AND APPROVED this 2nd day of November, 2020.

Mayor

ATTEST:

City Clerk

Label the Plan as Exhibit 1 (with all exhibits) and attach it to this Resolution.

7 Packet Page No. 050 Exhibit 1

CENTERVILLE 2020 URBAN RENEWAL PLAN

for the

CENTERVILLE 2020 URBAN RENEWAL AREA

CITY OF CENTERVILLE, IOWA

November 2020

LOCAL GOVERNMENT PROFESSIONAL SERVICES, INC. DBA SIMMERING - CORY

FINAL 9-24-2020 Packet Page No. 051 TABLE OF CONTENTS

SECTION

A. INTRODUCTION B. DESCRIPTION OF THE URBAN RENEWAL AREA C. AREA DESIGNATION D. HISTORY AND PURPOSE E. BASE VALUE F. DEVELOPMENT PLAN G. PLAN OBJECTIVES H. TYPES OF RENEWAL ACTIVITIES I. ELIGIBLE URBAN RENEWAL PROJECTS J. FINANCIAL INFORMATION K. URBAN RENEWAL FINANCING L. PROPERTY ACQUISITION/DISPOSITION M. RELOCATION N. PROPERTY WITHIN AN URBAN REVITALIZATION AREA O. STATE AND LOCAL REQUIREMENTS P. SEVERABILITY Q. URBAN RENEWAL PLAN AMENDMENTS R. EFFECTIVE PERIOD

EXHIBITS

A. LEGAL DESCRIPTION OF CENTERVILLE 2020 URBAN RENEWAL AREA B. CENTERVILLE 2020 URBAN RENEWAL AREA MAPS

2 FINAL 9-24-2020 Packet Page No. 052 Centerville 2020 Urban Renewal Plan for the Centerville 2020 Urban Renewal Area City of Centerville, Iowa

A. INTRODUCTION The Centerville 2020 Urban Renewal Plan (“Plan” or “Urban Renewal Plan”) for the Centerville 2020 Urban Renewal Area (“Area” or “Urban Renewal Area”) has been developed to help local officials alleviate blighting conditions and influences and promote economic development in the City of Centerville, Iowa (the “City”).

In order to achieve this objective, the City intends to undertake Urban Renewal activities pursuant to the powers granted to it under Chapter 403 and Chapter 15A of the Code of Iowa, as amended.

B. DESCRIPTION OF THE URBAN RENEWAL AREA The Urban Renewal Area is described in Exhibit “A” and illustrated in Exhibit “B.”

The City reserves the right to modify the boundaries of the Area at some future date.

C. AREA DESIGNATION With the adoption of this Plan, the City designates this Urban Renewal Area as a mixed area containing both property designated as blighted (residential and commercial/industrial properties that have been found to be blighted) and property designated as appropriate for commercial and industrial economic development. Specifically, the portion of the Urban Renewal Area identified in Exhibit A as the “Economic Development Area” is designated only as an area appropriate for commercial and economic development, because this portion of the Urban Renewal Area contains property assessed as agricultural, which prevents the particular property from being considered “blighted.” The portion of the Urban Renewal Area identified in Exhibit A as the “Blighted Area” is designated as an area suitable for both blight remediation as well as commercial and industrial economic development.

In 2019, an assessment was conducted on residential, commercial, and industrial properties to evaluate the presence of blighting conditions in the Area. The assessment confirmed that blighting conditions exist throughout properties in the Urban Renewal Area. In general, the assessment reported the presence of a combination of blighting influences including a substantial number of deteriorated or deteriorating structures, defective or inadequate street layout, diversity of ownership, faulty lot layout, and deterioration of site or other improvements. The City Council has determined that, in combination, these factors substantially impair the sound growth of the Area, constitute an economic and social liability, and are a menace to the public welfare.

As such, this Area is appropriate for blight remediation, revitalization, redevelopment, and commercial and industrial development.

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D. HISTORY AND PURPOSE The Urban Renewal Area is being created in order to remediate blighting influences and to promote economic development (commercial and/or industrial).

Several conditions exist in the Urban Renewal Area that contribute to blighting influences in the community. Evidence of the blighting influences includes the following:

 A windshield survey of residential and commercial properties in the Urban Renewal Area was conducted in 2019 by a third-party, Simmering-Cory, and documented in a December 2019 Blight Assessment Report. Of the residential properties observed, 48.13% showed blight characteristics. Of the commercial and industrial properties that were observed, 52.77% were found to either be blighted or have blighting influences.  Within the downtown area, 70.37% of the buildings were found to be blighted and approximately 31% of the downtown buildings appeared to be vacant.  Incompatible land use relationships were found in the Urban Renewal Area, specifically non-residential uses in a residential area. In areas where incompatible land use relationships were observed blight was found to be more extensive.  The City’s storm sewer system is undersized, fragmented, and in poor condition. Spot locations in the Urban Renewal Area experience flooding due to this inadequate network of storm water collection lines. The deficiencies contribute to property losses and deterioration, and insanitary and unsafe conditions.  Some of the City’s streets are deteriorating including raised manholes, potentially due to the sinking of the surrounding street, and significant potholing. A majority of these observations were made in residential neighborhoods  The City’s wastewater treatment plant will need to undergo improvements, including disinfection, in the near future to meet new IDNR regulations.  While the City has been working on completing a phased project of lining the sanitary sewer mains, they still report that they have issues with inflow and infiltration into the collection system that causes sewer backups in homes.

Collectively, these conditions confirm that blight exists in the Urban Renewal Area.

E. BASE VALUE

If the Urban Renewal Area is legally established, a Tax Increment Financing (TIF) Ordinance is adopted, and debt is certified prior to December 1, 2020, the taxable valuation as of January 1, 2019, will be considered the frozen “base valuation” of the taxable property within that area covered by the TIF ordinance. If a TIF Ordinance is not adopted until a later date, or debt is not first certified prior to December 1, 2020, the frozen “base value” will be the assessed value of the taxable property within that area covered by the TIF Ordinance as of January 1 of the calendar year preceding the calendar year in which the City first certifies the amount of any debt on the Area.

4 FINAL 9-24-2020 Packet Page No. 054 F. DEVELOPMENT PLAN Centerville has a general plan for the physical development of the City as a whole, outlined in the City of Centerville Comprehensive Plan – 2019-2039, adopted August 1, 2019. The goals and objectives proposed in this Plan, and the urban renewal projects described herein, are in conformity with the land use policies and plans for the development of the City as a whole established in the City of Centerville Comprehensive Plan – 2019-2039.

The Urban Renewal Plan does not in any way replace the City’s current land use planning or zoning regulation process. The City currently has thirteen zoning classifications:

 Agricultural  Rural Residential  Single Family Residential  Urban Family Residential  Multiple-Family Residential  Mobile Home Residential  Urban Corridor  Limited Commercial/Office  Community Commercial  General Commercial  Business Park  Limited Industrial  General Industrial

The need, if any, for improved traffic, public transportation, public utilities, recreational and community facilities, or other public improvements within the Urban Renewal Area is set forth in this Plan. As the Area continues to develop, the need for public infrastructure extensions and upgrades will be evaluated and planned for by the City.

G. PLAN OBJECTIVES Renewal activities are designed to eliminate blighting influences and to provide opportunities, incentives, and sites for community economic development purposes, including new and expanded commercial and industrial development. More specific objectives for development, revitalization, and alleviation of blight conditions within the Urban Renewal Area are as follows:

1. To eliminate blighting influences and promote revitalization, through public action and commitment, or by providing incentives to private persons or businesses, to acquire, rehabilitate, renovate, demolish, and/or redevelop existing structures or property.

2. To provide for the installation and upgrade of public works, infrastructure, storm water, sanitary sewer treatment, water treatment, and related facilities which alleviate blighting influences and contribute to the sound development of the Area.

5 FINAL 9-24-2020 Packet Page No. 055

3. To achieve a diversified, well-balanced economy providing a desirable standard of living, creating job opportunities, and strengthening the tax base.

4. To plan for and provide sufficient land for commercial, industrial, and residential development in a manner that is efficient from the standpoint of providing municipal services.

5. To help develop a sound economic base that will serve as the foundation for future growth, development, and revitalization.

6. To provide a more marketable and attractive investment climate through the use of various federal, state, and local incentives.

7. To stimulate through public action and commitment, private investment in new commercial and industrial development in order to revitalize the community.

8. To enhance the health, safety, living environment, general character, and general welfare of Centerville, Iowa.

9. To improve the conditions and opportunities for blight remediation.

10. To promote development utilizing any other objectives allowed by Chapter 403 of the Code of Iowa.

H. TYPES OF RENEWAL ACTIVITIES To meet the objectives of this Urban Renewal Plan and to encourage the development of the Area, the City intends to utilize the powers conferred under Chapter 403 and Chapter 15A, Code of Iowa including, but not limited to, tax increment financing. Activities may include:

1. To undertake and carry out urban renewal projects through the execution of contracts and other instruments, including blight remediation projects.

2. To acquire property through a variety of means (purchase, lease, option, etc.) and to hold, clear, or prepare the property for redevelopment.

3. To dispose of property that has been acquired.

4. To provide for the construction of site-specific improvements, such as grading and site preparation activities, access roads and parking, fencing, utility connections, and related activities.

5. To demolish existing development and to clear the land for future development so as to revitalize the Area and alleviate blighting conditions.

6. To arrange for or cause to be provided the construction or repair of public infrastructure, and facilities including, but not limited to, streets and sidewalks, traffic lights, pedestrian safety measures, water mains, water treatment facilities, sanitary sewers, wastewater

6 FINAL 9-24-2020 Packet Page No. 056 treatment facilities, storm sewers, public utilities, or other facilities in connection with urban renewal projects which serve to revitalize the Area and alleviate blighting conditions.

7. To make loans, forgivable loans, tax rebate payments, or other types of grants or incentives to private persons or businesses for revitalization or blight remediation purposes, including redevelopment or revitalization activities that enhance future economic development potential, on such terms as may be determined by the City Council.

8. To use tax increment financing to facilitate urban renewal projects, including, but not limited to, financing to achieve a more marketable and competitive land offering price and to provide for necessary physical improvements and infrastructure.

9. To use tax increment revenues to help leverage grants, loans, or other assistance from the state and federal governments (such as providing the local match for such assistance) in support of projects or businesses that advance the objectives of this plan.

10. To borrow money and to provide security therefor.

11. To make or have made surveys and plans necessary for the implementation of the Urban Renewal Plan or specific urban renewal projects.

12. To fund or help finance programs that will directly benefit blight remediation.

13. To use any or all other powers granted by the Urban Renewal Act to develop and provide for improved economic and housing conditions for the City of Centerville and the State of Iowa.

Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15, Chapter 15A, Chapter 403, Chapter 427B, or any other provision of the Code of Iowa in furtherance of the objectives of this Urban Renewal Plan.

I. ELIGIBLE URBAN RENEWAL PROJECTS Although certain project activities may occur over a period of years, the eligible urban renewal projects under this Urban Renewal Plan include:

1. Development Agreements:

A. C&C Machining, Inc. (or a related entity): The proposed urban renewal project anticipates providing incentives to C&C Machining, Inc. (or a related entity) for the construction of an approximately 65,000 sq. ft. building. C&C Machining, Inc is a machine/fabrication company that provides welding/heavy fabrication, machining, and industrial painting and sandblasting services. The new building is expected to allow the company to retain existing jobs as well as create new jobs. Construction is anticipated to take place in 2020-2021. It is estimated that the total project costs for the new facility are $1,300,000. The City expects to make grants to C&C Machining, Inc. (or a related entity) in the form of rebates of incremental taxes generated by the project, over an approximately

7 FINAL 9-24-2020 Packet Page No. 057

ten-year period. The cost of such rebates shall not exceed $107,000 and will be subject to the terms and conditions of a detailed development agreement.

B. Future Development Agreements: The City expects to consider requests for Development Agreements for projects that are consistent with this Plan, in the City’s sole discretion. Such Agreements are unknown at this time, but based on past history, and dependent on development opportunities and climate, the City expects to consider a broad range of incentives as authorized by this Plan, including, but not limited to, land, loans, forgivable loans, grants, tax rebates, public infrastructure assistance, and other incentives. The costs of such Development Agreements shall not exceed $500,000.

2. Planning, Engineering Fees (for Urban Renewal Plans), Attorney Fees, Administrative, and Other Related Costs to Support Urban Renewal Projects and Planning: Project Estimated Date Estimated Cost to be Funded by TIF Funds Fees and Costs Undetermined Not to Exceed $50,000

J. FINANCIAL INFORMATION

1. July 1, 2020, Constitutional Debt Limit $12,859,828

2. Current Outstanding General Obligation Debt $4,755,000 Proposed amount of indebtedness to be incurred: A 3. specific amount of debt to be incurred for the Eligible Urban Renewal Projects has not yet been determined. This document is for planning purposes only. The $657,000 estimated project costs in this Plan are estimates only and will be incurred and spent over a number of years. In no This does not include event will the City’s constitutional debt limit be exceeded. financing costs related to The City Council will consider each project proposal on a debt issuance, which may case-by-case basis to determine if it is in the City’s best be incurred over the life of interest to participate before approving an urban renewal the Area. project or expense. It is further expected that such indebtedness, including interest on the same, may be financed in whole or in part with tax increment revenues from the Urban Renewal Area. Subject to the foregoing, it is estimated that the cost of the Eligible Urban Renewal Projects as described above will be approximately as stated in the next column:

K. URBAN RENEWAL FINANCING The City of Centerville intends to utilize various financing tools, such as those described below to successfully undertake the proposed urban renewal actions. The City of Centerville has the

8 FINAL 9-24-2020 Packet Page No. 058 statutory authority to use a variety of tools to finance physical improvements within the Area. These include:

A. Tax Increment Financing. Under Section 403.19 of the Code of Iowa, urban renewal areas may utilize the tax increment financing mechanism to finance the costs of public improvements, economic development incentives, or other urban renewal projects. Upon creation of a tax increment district within the Area, by ordinance, the assessment base is frozen and the amount of tax revenue available from taxes paid on the difference between the frozen base and the increased value, if any, is segregated into a separate fund for the use by the City to pay costs of the eligible urban renewal projects. The increased taxes generated by any new development, above the base value, are distributed to the taxing entities, if not requested by the City, and in any event upon the expiration of the tax increment district.

B. General Obligation Bonds. Under Division III of Chapter 384 and Chapter 403 of the Code of Iowa, the City has the authority to issue and sell general obligation bonds for specified essential and general corporate purposes, including the acquisition and construction of certain public improvements within the Area or incentives for development consistent with this Plan. Such bonds are payable from the levy of unlimited ad valorem taxes on all the taxable property within the City of Centerville. It may be, the City will elect to abate some or all of the debt service on these bonds with incremental taxes from this Area.

The City may also determine to use tax increment financing to provide incentives such as cash grants, loans, tax rebates, or other incentives to developers or private entities in connection with the urban renewal projects identified in this Plan. In addition, the City may determine to issue general obligation bonds, tax increment revenue bonds or such other obligations, or loan agreements for the purpose of making loans or grants of public funds to private businesses located in the Area for urban renewal projects. Alternatively, the City may determine to use available funds for making such loans or grants or other incentives related to urban renewal projects. In any event, the City may determine to use tax increment financing to reimburse the City for any obligations or advances.

Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15, Chapter 15A, Chapter 403, Chapter 427B, or any other provision of the Code of Iowa in furtherance of the objectives of this Urban Renewal Plan.

L. PROPERTY ACQUISITION/DISPOSITION The City will follow any applicable requirements for the acquisition and disposition of property within the Urban Renewal Area.

9 FINAL 9-24-2020 Packet Page No. 059

M. RELOCATION The City does not expect there to be any relocation required of residents or businesses as part of the proposed urban renewal project; however, if any relocation is necessary, the City will follow all applicable relocation requirements.

N. PROPERTY WITHIN AN URBAN REVITALIZATION AREA The Urban Renewal Area may (now or in the future) also be located within an established Centerville Urban Revitalization Area. The Centerville City Council, at its sole discretion, shall determine which incentives are available through either: (a) this Plan for urban renewal incentives, if any urban renewal incentives are offered by the City, at the City Council’s sole discretion; or (b) tax abatement incentives through the City’s Urban Revitalization Plan(s) but no individual or entity shall be eligible for both (a) and (b).

O. STATE AND LOCAL REQUIREMENTS All provisions necessary to conform to State and local laws will be complied with by the City in implementing this Urban Renewal Plan and its supporting documents.

P. SEVERABILITY In the event one or more provisions contained in the Urban Renewal Plan shall be held for any reason to be invalid, illegal, unauthorized, or unenforceable in any respect, such invalidity, illegality, un-authorization, or unenforceability shall not affect any other provision of this Urban Renewal Plan, and this Urban Renewal Plan shall be construed and implemented as if such provisions had never been contained herein.

Q. URBAN RENEWAL PLAN AMENDMENTS This Urban Renewal Plan may be amended from time to time for a number of reasons including, but not limited to, adding or deleting land, adding or amending urban renewal projects, or modifying goals or types of renewal activities.

The City Council may amend this Plan in accordance with applicable State law.

R. EFFECTIVE PERIOD This Urban Renewal Plan will become effective upon its adoption by the City Council and shall remain in effect until terminated by the City Council. Notwithstanding anything to the contrary in the Urban Renewal Plan, during the life of this Plan, the City Council may designate all or any portion of the property covered by this plan as a “tax increment area.” There is no expiration date on the collection of tax increment in the area designated as the blighted area. With respect to the property included in the economic development area of the Urban Renewal Plan, the use of incremental property tax revenues or the “division of revenue,” as those words are used in Chapter 403 of the Code of Iowa, is limited to twenty (20) years beginning with the first calendar year following the calendar year in which the City first certifies to the County Auditor the amount of

10 FINAL 9-24-2020 Packet Page No. 060 any loans, advances, indebtedness, or bonds which qualify for payment from the incremental property tax revenues attributable to that property within the economic development area.

At all times, the use of tax increment financing revenues (including the amount of loans, advances, indebtedness, or bonds which qualify for payment from the division of revenue provided in Section 403.19 of the Code of Iowa) by the City for activities carried out under the Urban Renewal Area shall be limited as deemed appropriate by the City Council and consistent with all applicable provisions of law.

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EXHIBIT A

LEGAL DESCRIPTION OF CENTERVILLE 2020 URBAN RENEWAL AREA

LEGAL DESCRIPTION – BLIGHTED AREA Commencing at the Southwest Corner of the Northwest Quarter of the Southwest Quarter of Section 6, Township 68 North, Range 17 West of the Fifth Principal Meridian, Appanoose County, Iowa, said point being the intersection of the South Corporate Limit of Centerville, Iowa and the centerline of South 18th Street;

Thence Easterly along the meander course of the South Corporate Limit of Centerville, Iowa to a point 70 feet East of the Southeast Corner of the Southwest Quarter of the Southwest Quarter of Section 6, Township 68 North, Range 17 West;

Thence North to a point 70 feet East of the Northeast Corner of the Southwest Quarter of the Southwest Quarter of said Section 6;

Thence West along the South line of the Northeast Quarter of the Southwest Quarter and the Northwest Quarter of the Southwest Quarter of said Section 6 to the East line of South 21st Street in Centerville, Iowa;

Thence North along the East line of 21st Street to a point 330 feet South of the North line of the South one-half of said Section 6;

Thence East 330 feet;

Thence North 330 feet to the North line of the South one-half of said Section 6;

Thence East along the North line of the South one-half of said Section 6 to the East Quarter Corner of said Section 6;

Thence Northerly along the meander course of the East Corporate Limit of Centerville, Iowa to the Northeast Corner of the Southeast Quarter of the Northwest Quarter of Section 30, Township 69 North, Range 17 West;

Thence Westerly and Southerly along the meander course of the Northerly and Westerly Corporate Limit of Centerville, Iowa to the North line of the Northeast Quarter of the Southwest Quarter of said Section 30, said point lying on the centerline of Rock Valley Road in Centerville, Iowa;

Thence West along the North Corporate Limit of Centerville, Iowa to the Easterly Right-of-way line of Iowa Highway 5;

Thence Southerly along the Easterly Right-of-way line of Iowa Highway 5 to the South line of East Grant Street;

12 FINAL 9-24-2020 Packet Page No. 062 Thence West and Southerly along the South and East line of Haynes Avenue to the South line of West Franklin Street; Thence West along the South line of West Franklin Street to the West line of North 4th Street;

Thence Westerly to the Northeast Corner of Lot 14 in Lakeland Heights Addition to the City of Centerville, Iowa;

Thence South along the East line of said Lakeland Heights Addition to the North line of West Madison Street;

Thence West along the North line of West Madison Street to the Southwest Corner of Lot 20 in said Lakeland Heights Addition;

Thence South to the North line of Lot 62 in Oak Park Addition to the City of Centerville, Iowa; Thence West along the North line of said Oak Park Addition to the East line of North 1st Street; Thence South along the East line of North 1st Street to the South line of West Maple Street;

Thence Southeasterly and East along the South line of West Maple Street to the West line of South 10th Street;

Thence South along the West line of South 10th Street to the South line of West Lane Street;

Thence West along the South line of West Lane Street to the East line of South 9th Street;

Thence South along the East line of South 9th Street to the North line of West Wall Street;

Thence Easterly along the North line of West Wall Street to the West line of South 12th Street;

Thence South along the West line of South 12th Street to the South line of West Terry Street;

Thence West along the South line of West Terry Street to the East Corner of Lot 7 in Lane’s Heights Addition to the City of Centerville, Iowa;

Thence Westerly along the Southerly line of said Lane’s Heights Addition to the West line of the Southwest Quarter of the Southeast Quarter of Section 36, Township 69 North, Range 18 West:

Thence South along the West line of the Southwest Quarter of the Southeast Quarter of said Section 36 and along the West line of the Northwest Quarter of the Northeast Quarter of Section 1, Township 68 North, Range 18 West to the North line of West Garfield Street;

Thence West along the North line of West Garfield Street to the East line of Lot 2 in the Auditor’s Subdivision of the Northeast Quarter of the Northwest Quarter of said Section 1;

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Thence North along the East line of said Lot 2 to the North line of the Northeast Quarter of the Northwest Quarter of said Section 1;

Thence West along the North line of the Northwest Quarter of said Section 1 to the Easterly Right- of-way line of the former Chicago Burlington and Quincy Railroad (CB&Q);

Thence Northerly and Westerly along the Easterly and Northerly Right-of-way line of the former CB&Q Railroad to the West line of the Southeast Quarter of the Northeast Quarter of Section 35, Township 69 North, Range 18 West;

Thence South along the West line of the Southeast Quarter of the Northeast Quarter of said Section 35 to the Southerly Right-of-way line of the former CB&Q Railroad;

Thence Easterly and Southerly along the Southerly and Westerly Right-of-way line of the former CB&Q Railroad to the West line of Langford’s First Addition to the City of Centerville, Iowa;

Thence South along the West line of said Lanford’s First Addition to the South line of Southwest Quarter of the Northeast Quarter of Section 1, Township 68 North, Range 18 West;

Thence West along the South line of Southwest Quarter of the Northeast Quarter of said Section 1 to the Northwest Corner of the Northwest Quarter of the Southeast Quarter of said Section 1;

Thence South 660 Feet:

Thence East to the West line of James Fox First Addition to the City of Centerville, Iowa;

Thence South along the West line of said James Fox First Addition to the South Corporate Limit of Centerville, Iowa;

Thence East along the meander course of the South Corporate Limit of Centerville, Iowa to the Point of Commencement.

The Corporate Limit of the City of Centerville, Iowa referenced in the above description represents the Centerville Corporate Limit as of May 1, 2020.

14 FINAL 9-24-2020 Packet Page No. 064 LEGAL DESCRIPTION – ECONOMIC DEVELOPMENT AREA Commencing at the Southwest Corner of the Southwest Quarter of the Southwest Quarter of Section 5, Township 68 North, Range 17 West of the Fifth Principal Meridian, Appanoose County, Iowa, said point being the intersection of the South Corporate Limit of Centerville, Iowa and the centerline of 208th Ave;

Thence Northerly along the meander course of the East Corporate Limit of Centerville, Iowa to the Northeast Corner of the Northwest Quarter of the Southwest Quarter of said Section 5;

Thence West along the Corporate Limit of Centerville, Iowa and along the North line of the Northwest Quarter of the Southwest Quarter of said Section 5 to the East Quarter Corner of Section 6, Township 68 North, Range 17 West;

Thence West along the North line of the South one-half of said Section 6 to a point 130.6 feet West of the Northwest Corner of the Northeast Quarter of the Southwest Quarter of said Section 6;

Thence South 330 feet;

Thence West 330 feet to the East line of South 21st Street in Centerville, Iowa;

Thence South along the East line of South 21st Street to the South line of the Northwest Quarter of the Southwest Quarter of said Section 6;

Thence East along the South Line of the Northwest Quarter of the Southwest Quarter and the Northeast Quarter of the Southwest Quarter of said Section 6 to a point 70 feet East of the Northwest Corner of the Southeast Quarter of the Southwest Quarter of said Section 6;

Thence South to the South line of the Southwest Quarter of said Section 6;

Thence East along the South line of Section 6 to the Point of Commencement.

The Corporate Limit of the City of Centerville, Iowa referenced in the above description represents the Centerville Corporate Limit as of May 1, 2020.

15 FINAL 9-24-2020 Packet Page No. 065 EXHIBIT B

MAP OF CENTERVILLE 2020 URBAN RENEWAL AREA

16 FINAL 9-24-2020 Packet Page No. 066 EXHIBIT B

MAP OF CENTERVILLE 2020 URBAN RENEWAL AREA

17 FINAL 9-24-2020 Packet Page No. 067 CERTIFICATE

STATE OF IOWA ) ) SS COUNTY OF APPANOOSE )

I, the undersigned City Clerk of the City of Centerville, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions.

WITNESS my hand and the seal of the Council hereto affixed this ______day of ______, 2020.

City Clerk, City of Centerville, State of Iowa (SEAL)

01775762-1\10295-063

Packet Page No. 068 ORDINANCE NO. ______1339

AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON CERTAIN PROPERTY LOCATED WITHIN THE CENTERVILLE 2020 URBAN RENEWAL AREA, IN CITY OF CENTERVILLE, COUNTY OF APPANOOSE STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF CENTERVILLE, COUNTY OF APPANOOSE, CENTERVILLE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY THE CITY IN CONNECTION WITH THE CENTERVILLE 2020 URBAN RENEWAL AREA (BLIGHT AREA AND 2020 PARCEL)

WHEREAS, the City Council of the City of Centerville, State of Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. ______passed and approved on the 2nd day of November, 2020, adopted an Urban Renewal Plan (the "Urban Renewal Plan") for an urban renewal area known as the Centerville 2020 Urban Renewal Area (the "Urban Renewal Area"); and

WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of Centerville, State of 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 Urban Renewal Area includes a blighted subarea (the "Blight Area"), which contains the lots and parcels located within the area legally described as follows:

Commencing at the Southwest Corner of the Northwest Quarter of the Southwest Quarter of Section 6, Township 68 North, Range 17 West of the Fifth Principal Meridian, Appanoose County, Iowa, said point being the intersection of the South Corporate Limit of Centerville, Iowa and the centerline of South 18th Street;

Thence Easterly along the meander course of the South Corporate Limit of Centerville, Iowa to a point 70 feet East of the Southeast Corner of the Southwest Quarter of the Southwest Quarter of Section 6, Township 68 North, Range 17 West;

Thence North to a point 70 feet East of the Northeast Corner of the Southwest Quarter of the Southwest Quarter of said Section 6;

Thence West along the South line of the Northeast Quarter of the Southwest Quarter and the Northwest Quarter of the Southwest Quarter of said Section 6 to the East line of South 21st Street in Centerville, Iowa;

1 Packet Page No. 069 Thence North along the East line of 21st Street to a point 330 feet South of the North line of the South one-half of said Section 6;

Thence East 330 feet;

Thence North 330 feet to the North line of the South one-half of said Section 6;

Thence East along the North line of the South one-half of said Section 6 to the East Quarter Corner of said Section 6;

Thence Northerly along the meander course of the East Corporate Limit of Centerville, Iowa to the Northeast Corner of the Southeast Quarter of the Northwest Quarter of Section 30, Township 69 North, Range 17 West;

Thence Westerly and Southerly along the meander course of the Northerly and Westerly Corporate Limit of Centerville, Iowa to the North line of the Northeast Quarter of the Southwest Quarter of said Section 30, said point lying on the centerline of Rock Valley Road in Centerville, Iowa;

Thence West along the North Corporate Limit of Centerville, Iowa to the Easterly Right-of-way line of Iowa Highway 5;

Thence Southerly along the Easterly Right-of-way line of Iowa Highway 5 to the South line of East Grant Street; Thence West and Southerly along the South and East line of Haynes Avenue to the South line of West Franklin Street; Thence West along the South line of West Franklin Street to the West line of North 4th Street;

Thence Westerly to the Northeast Corner of Lot 14 in Lakeland Heights Addition to the City of Centerville, Iowa;

Thence South along the East line of said Lakeland Heights Addition to the North line of West Madison Street;

Thence West along the North line of West Madison Street to the Southwest Corner of Lot 20 in said Lakeland Heights Addition;

Thence South to the North line of Lot 62 in Oak Park Addition to the City of Centerville, Iowa; Thence West along the North line of said Oak Park Addition to the East line of North 1st Street; Thence South along the East line of North 1st Street to the South line of West Maple Street;

2 Packet Page No. 070 Thence Southeasterly and East along the South line of West Maple Street to the West line of South 10th Street;

Thence South along the West line of South 10th Street to the South line of West Lane Street;

Thence West along the South line of West Lane Street to the East line of South 9th Street;

Thence South along the East line of South 9th Street to the North line of West Wall Street;

Thence Easterly along the North line of West Wall Street to the West line of South 12th Street;

Thence South along the West line of South 12th Street to the South line of West Terry Street;

Thence West along the South line of West Terry Street to the East Corner of Lot 7 in Lane’s Heights Addition to the City of Centerville, Iowa;

Thence Westerly along the Southerly line of said Lane’s Heights Addition to the West line of the Southwest Quarter of the Southeast Quarter of Section 36, Township 69 North, Range 18 West:

Thence South along the West line of the Southwest Quarter of the Southeast Quarter of said Section 36 and along the West line of the Northwest Quarter of the Northeast Quarter of Section 1, Township 68 North, Range 18 West to the North line of West Garfield Street;

Thence West along the North line of West Garfield Street to the East line of Lot 2 in the Auditor’s Subdivision of the Northeast Quarter of the Northwest Quarter of said Section 1;

Thence North along the East line of said Lot 2 to the North line of the Northeast Quarter of the Northwest Quarter of said Section 1;

Thence West along the North line of the Northwest Quarter of said Section 1 to the Easterly Right- of-way line of the former Chicago Burlington and Quincy Railroad (CB&Q);

Thence Northerly and Westerly along the Easterly and Northerly Right-of-way line of the former CB&Q Railroad to the West line of the Southeast Quarter of the Northeast Quarter of Section 35, Township 69 North, Range 18 West;

3 Packet Page No. 071 Thence South along the West line of the Southeast Quarter of the Northeast Quarter of said Section 35 to the Southerly Right-of-way line of the former CB&Q Railroad;

Thence Easterly and Southerly along the Southerly and Westerly Right-of-way line of the former CB&Q Railroad to the West line of Langford’s First Addition to the City of Centerville, Iowa;

Thence South along the West line of said Lanford’s First Addition to the South line of Southwest Quarter of the Northeast Quarter of Section 1, Township 68 North, Range 18 West;

Thence West along the South line of Southwest Quarter of the Northeast Quarter of said Section 1 to the Northwest Corner of the Northwest Quarter of the Southeast Quarter of said Section 1;

Thence South 660 Feet:

Thence East to the West line of James Fox First Addition to the City of Centerville, Iowa;

Thence South along the West line of said James Fox First Addition to the South Corporate Limit of Centerville, Iowa;

Thence East along the meander course of the South Corporate Limit of Centerville, Iowa to the Point of Commencement.

WHEREAS, the Urban Renewal Area also includes an economic development subarea, which contains the lot and parcel legally described as follows:

Lot 6 located in the Centerville Industrial Park, a subdivision lying in the East one- half of the Northeast Quarter of Section 6, Township 68 North, Range 17 West of the Fifth Principal Meridian, Centerville, Appanoose County, Iowa.

(the "2020 Parcel"); and

WHEREAS, the City Council of the City of Centerville, State of Iowa, desires to provide for the division of revenue from taxation on the Blight Area and 2020 Parcel of the Urban Renewal Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended. [Note: the Blight Area and 2020 Parcel are the only portion of the Urban Renewal Area that will be included in this TIF Ordinance. If other parcels in the Area develop (increase in value) in the future, the City may adopt a separate TIF ordinance(s) on other parcels/areas within the Urban Renewal Area. Therefore, the various TIF ordinances in this Urban Renewal Area will have different frozen bases and different expiration dates.]

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

4 Packet Page No. 072 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE, STATE OF IOWA:

Section 1. That the taxes levied on the taxable property in the Blight Area and 2020 Parcel of the Urban Renewal Area legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Centerville, County of Appanoose, Centerville 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.

Section 2. 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 Blight Area and 2020 Parcel of the Urban Renewal 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 Centerville, State of Iowa, certifies to the Auditor of Appanoose County, Iowa 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.

Section 3. 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 Centerville, State of Iowa, hereby established, to pay the principal of and interest on 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, Code of Iowa, as amended, incurred by the City of Centerville, State of Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Area pursuant to the Urban Renewal Plan, except that (i) taxes for the regular and voter-approved physical plant and equipment levy of a school district imposed pursuant to Section 298.2, Code of Iowa, and taxes for the instructional support program of a school district imposed pursuant to Section 257.19, Code of Iowa, (but in each case only to the extent required under Section 403.19(2), Code of Iowa); (ii) taxes for the payment of bonds and interest of each taxing district; (iii) taxes imposed under Section 346.27(22), Code of Iowa, related to joint county-city buildings; and (iv) any other exceptions under Section 403.19, Code of Iowa, shall be collected against all taxable property within the Blight Area and 2020 Parcel of the Urban Renewal Area without any limitation as hereinabove provided.

Section 4. Unless or until the total assessed valuation of the taxable property in the Blight Area and 2020 Parcel of the Urban Renewal Area exceeds the total assessed value of the taxable property in the Blight Area and 2020 Parcel of Urban Renewal 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 Blight Area and 2020 Parcel of the Urban Renewal Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as all other property taxes.

Section 5. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Centerville, State of Iowa, referred to in Section 3 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Blight Area and 2020 Parcel of

5 Packet Page No. 073 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.

Section 6. 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, Code of Iowa, as amended, with respect to the division of taxes from property within the Blight Area and 2020 Parcel of the Urban Renewal 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 fully invoke the provisions of Section 403.19, Code of Iowa, with reference to the Blight Area and 2020 Parcel of the Urban Renewal Area and the territory contained therein.

Section 7. This Ordinance shall be in effect after its final passage, approval and publication as provided by law.

PASSED AND APPROVED this ______day of ______, 2020.

Mayor

ATTEST:

City Clerk

Read First Time: ______, 2020

Read Second Time: ______, 2020

Read Third Time: ______, 2020

6 Packet Page No. 074 PASSED AND APPROVED: ______, 2020.

I, ______, City Clerk of the City of Centerville, State of Iowa, hereby certify that the above and foregoing is a true copy of Ordinance No. ______passed and approved by the City Council of the City at a meeting held ______, 2020, signed by the Mayor on ______, 2020, and published in the Ottumwa Courier on ______, 2020.

City Clerk, City of Centerville, State of Iowa

(SEAL)

01775773-1\10295-063

7 Packet Page No. 075 ITEMS TO INCLUDE ON AGENDA

CITY OF CENTERVILLE, IOWA November 2, 2020 6:00 P.M.

Centerville 2020 Urban Renewal Plan

 Public hearing on the proposal to enter into a Development Agreement with C&C Machining Inc.

 Resolution approving and authorizing execution of a Development Agreement by and between the City of Centerville and C&C Machining Inc.

IMPORTANT INFORMATION

1. The above agenda items should be included, along with any other agenda items, in the meeting agenda. The agenda should be posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting. If no such office exists, the notice must be posted at the building in which the meeting is to be held.

2. If you do not now have a bulletin board designated as above mentioned, designate one and establish a uniform policy of posting your notices of meeting and tentative agenda.

3. Notice and tentative agenda must be posted at least 24 hours prior to the commencement of the meeting.

NOTICE MUST BE GIVEN PURSUANT TO CHAPTER 21, CODE OF IOWA, AND THE LOCAL RULES OF THE CITY.

Packet Page No. 076 November 2, 2020

The City Council of the City of Centerville in the State of Iowa, met in ______session, by electronic meeting pursuant to Iowa Code Section 21.8, at 6:00 P.M., on the above date. There were present Mayor ______, in the chair, and the following named Council Members:

______

Absent: ______

Vacant: ______

* * * * * * * * *

i Packet Page No. 077 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the proposal to approve and authorize execution of a Development Agreement by and between the City of Centerville and C&C Machining Inc., and that notice of the proposed action by the Council to enter into said Agreement had been published pursuant to the provisions of Section 362.3, Code of Iowa.

The Mayor then asked the Clerk whether any written objections had been filed by any City resident or property owner to the proposed action. The Clerk advised the Mayor and the Council that ______written objections had been filed. The Mayor then called for oral objections and ______were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed.

(Attach here a summary of objections received or made, if any)

ii Packet Page No. 078 The Council then considered the proposed action and the extent of objections thereto.

Whereupon, Council Member ______introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF CENTERVILLE AND C&C MACHINING INC.", and moved:

that the Resolution be adopted.

to defer action on the Resolution and the proposal to the meeting to be held at ______.M. on the ______day of ______, 2020, at this place.

Council Member ______seconded the motion. The roll was called, and the vote was:

AYES: ______

______

NAYS: ______

Whereupon, the Mayor declared the measure duly adopted.

iii Packet Page No. 079 RESOLUTION NO. ______2020-3761

RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF CENTERVILLE AND C&C MACHINING INC.

WHEREAS, by Resolution adopted at this meeting of the City Council, this Council has found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Centerville 2020 Urban Renewal Plan (the "Urban Renewal Plan" or "Plan") for the Centerville 2020 Urban Renewal Area (the "Urban Renewal Area" or "Area") described therein, which Plan will be filed in the office of the Recorder of Appanoose County; and

WHEREAS, it is desirable that properties within the Area be redeveloped as part of the overall redevelopment area covered by said Plan; and

WHEREAS, the City has received a proposal from C&C Machining Inc. (the "Developer"), in the form of a proposed Development Agreement (the "Agreement") by and between the City and the Developer, pursuant to which, among other things, the Developer would employ employees in the Minimum Improvements (as defined in the Agreement) constructed by the Developer on certain real property located within the Urban Renewal Area as defined and legally described in the Agreement (the "Development Property"), which Minimum Improvements include the construction of an approximately 65,000 square foot building, together with all related site improvements; and

WHEREAS, the Agreement further proposes that the City will make up to ten (10) consecutive annual payments of Economic Development Grants to Developer consisting of 100% of the Tax Increments pursuant to Section 403.19, Code of Iowa, and generated by the construction of the Minimum Improvements, the cumulative total for all such payments not to exceed the lesser of $107,000, or the amount accrued under the formula outlined in the proposed Agreement, under the terms and following satisfaction of the conditions set forth in the Agreement; and

WHEREAS, the Agreement also proposes that the City may make additional payments of Supplemental Grants to Developer in a cumulative amount not to exceed $10,000, under the terms and following satisfaction of the conditions set forth in the Agreement; and

WHEREAS, Chapters 15A and 403, Code of Iowa, authorize cities to make grants for economic development in furtherance of the objectives of an urban renewal project and to appropriate such funds and make such expenditures as may be necessary to carry out the purposes of said Chapters, and to levy taxes and assessments for such purposes; and

WHEREAS, the Council has determined that the Agreement is in the best interests of the City and the residents thereof and that the performance by the City of its obligations thereunder is a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 15A

1 Packet Page No. 080 and 403, Code of Iowa, taking into account any or all of the factors set forth in Chapter 15A, Code of Iowa, to wit:

a. Businesses that add diversity to or generate new opportunities for the Iowa economy should be favored over those that do not.

b. Development policies in the dispensing of the funds should attract, retain, or expand businesses that produce exports or import substitutes, or which generate tourism- related activities.

c. Development policies in the dispensing or use of the funds should be targeted toward businesses that generate public gains and benefits, which gains and benefits are warranted in comparison to the amount of the funds dispensed.

d. Development policies in dispensing the funds should not be used to attract a business presently located within the state to relocate to another portion of the state unless the business is considering in good faith to relocate outside the state or unless the relocation is related to an expansion which will generate significant new job creation. Jobs created as a result of other jobs in similar Iowa businesses being displaced shall not be considered direct jobs for the purpose of dispensing funds; and

WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to approve and authorize execution of the Agreement and has considered the extent of objections received from residents or property owners as to said proposed Agreement; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof.

NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE IN THE STATE OF IOWA:

Section 1. That the performance by the City of its obligations under the Agreement, including but not limited to making of grants to the Developer in connection with the development of the Development Property under the terms set forth in the Agreement, be and is hereby declared to be a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 15A and 403, Code of Iowa, taking into account the factors set forth therein.

Section 2. That the form and content of the Agreement, the provisions of which are incorporated herein by reference, be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Agreement for and on behalf of the City in substantially the form and content now before this meeting, but with such changes, modifications, additions or deletions therein as shall be approved by such officers, and that from and after the execution and delivery of the Agreement, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Agreement as executed.

2 Packet Page No. 081 PASSED AND APPROVED this 2nd day of November, 2020.

Mayor

ATTEST:

City Clerk

3 Packet Page No. 082 CERTIFICATE

STATE OF IOWA ) ) SS COUNTY OF APPANOOSE )

I, the undersigned City Clerk of the City of Centerville, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions.

WITNESS my hand and the seal of the Council hereto affixed this ______day of ______, 2020.

City Clerk, City of Centerville, State of Iowa (SEAL)

01775809-1\10295-064

Packet Page No. 083 CITY OF CENTERVILLE 312 East Maple St, PO Box 578 Centerville, IA 52544 www.centerville-ia.org Phone: (641) 437-4339 Fax: (641) 437-1498

Agenda Item #_4G Council Meeting Date: _11/02/2020

COUNCIL ACTION FORM

AGENDA ITEM: Approval of a Square Use Policy for Events and Displays

HISTORY: The Square is the focal point for public events in the City of Centerville. As such, it requires additional policy considerations to ensure that all entities with a public interest are able to use the Square. Over the course of the last year, there have been multiple events and displays that have tested the current policies we have in place for the Square requiring us as a city to consider additional policies to cover all events on the Square.

Currently, all City permits are approved by the City Administrator per City Code. This includes use of the Square and other public spaces for events. Beyond alcohol permit requirements, there is not any formal Square Use policy.

The City Administrator is making the following recommendations for consideration by the City Council:

For Events:

All events are required to submit a permit application for use of the Square Public spaces. Each individual event is limited to seven (7) days.

Priority is given on the use of the Square to partner organizations including the Chamber of Commerce, Main Street Centerville, Centerville Public Schools, and Appanoose County. All additional usage will be on a first come, first served basis.

No private events are able to be held on the Square. Admission charges are allowable, must be directly tied to the sale of an item, good or consumable. I.e. it is acceptable to charge for drinks at a beer garden, but tickets to a concert could not be required. All members of the public must be able to attend the event without exclusion.

Protest, demonstrations, public readings and public rallies will be granted space, if available at the band shelter. Political Campaign events are subject to the regulations set forth by the State of Iowa. All events must ensure that the general public is able to pass on all sidewalks leading up to the Courthouse. Based on anticipated attendance, the City reserves the right to require consultation with public safety prior to the event.

Packet Page No. 084 CITY OF CENTERVILLE 312 East Maple St, PO Box 578 Centerville, IA 52544 www.centerville-ia.org Phone: (641) 437-4339 Fax: (641) 437-1498

All events will be required to sign a waiver of liability for the City of Centerville as part of the application for use of the space.

Proof of insurance is required for events serving food or alcohol in the amount of $1,000,000 per occurrence for bodily injury, personal injury and property damage, $2,000,000 Aggregate and shall name the City as an additionally insured.

For Displays:

All displays are allowed on a first come, first served basis with priority given to the partner organizations listed above.

Displays may not use ground penetrating stakes to remain upright. This is to protect the sprinkler system and underground utilities on the Square. If ground penetration is required, the services must be located by the City and Utility companies at a cost of the event/display organization. Any damage to the grounds or infrastructure will be billed to the sponsoring organization at the actual cost incurred and may result in future organizational events to be barred from City spaces.

All displays that are not specifically sponsored by the City of Centerville are required to post a sign stating: “This Display is owned and erected by private citizens of Centerville. The views or images displayed do not represent the City of Centerville or Appanoose County”*

*Signs would be available at City Hall for a $25 deposit to be refunded upon return of the signs.

All displays are subject to City Council approval.

The City does not regulate content of displays except for the display of items reasonable determined by the Council to be pornographic or hate speech.

During the spring, summer, and fall (Mid-March – Mid-November) displays are limited in duration to one-week to allow for mowing and watering of the Courthouse lawns.

The Rathbun Lake Area Chamber of Commerce (or their successor) shall be approved as the sole annual winter seasonal display (Late November – Early January) in support of seasonal tourism and business.

Packet Page No. 085 OFFER AND ACCEPTANCE [ILAB as QCD Seller]

TO Iowa Land and Building Company (ILAB):

1. REAL ESTATE DESCRIPTION. The Buyers offer to buy real estate in Appanoose County, Iowa, described as follows:

See Legal Description, Exhibit A attached hereto and made a part hereof:

with any easements and appurtenant servient estates, but subject to the following: a) any zoning and other ordinances; b) any covenants of record; c) any easements of record for public utilities, roads and highways; and d) (consider: liens, mineral rights; other easements; interest of others) , (the “Real Estate").

2. PRICE. The purchase price shall be: One Dollar ($1.00) (the “Purchase Price”), payable at LINN County, Iowa, as follows: ($0.00) EARNEST MONEY TO BE PAID WITHIN 10 BUSINESS DAYS OF ACCEPTANCE AND TO BE HELD BY SELLER UNTIL CLOSING AND THE BALANCE TO BE PAID AT CLOSING.

3. REAL ESTATE TAXES. Seller shall pay all real estate taxes which are a lien on the Real Estate prior to possession and any unpaid real estate taxes payable in prior years. . Seller shall pay its prorated share, based upon the date of possession, of the real estate taxes, if any, for the fiscal year commencing July 1 prior to Closing, due and payable on the following fiscal year. Buyer shall be given a credit for such proration, if any, at Closing based upon the last known actual net real estate taxes payable according to public records. Buyers shall pay all subsequent real estate taxes.

4. SPECIAL ASSESSMENTS. a. Seller shall pay all installments of special assessments which are a lien on the Real Estate and, if not paid, would become delinquent during the calendar year this Offer and Acceptance is accepted, and all prior installments thereof. b. All other special assessments shall be paid by Buyers.

5. RISK OF LOSS. Risk of loss prior to Seller’s delivery of possession and Closing of the Real Estate to Buyer shall remain with the Sellers.

6. CARE AND MAINTENANCE. The Real Estate shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyers.

7. POSSESSION AND CLOSING. If Buyers timely perform all obligations, possession and Closing of the Real Estate shall be delivered to Buyers on or before December 11, 2020 (the “Closing”).

8. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning equipment, wall to wall carpeting, built-in items and electrical service cable, outside television towers and antenna, fencing, gates, and landscaping shall be considered a part of Real Estate and included in the sale except: (consider: rental items.)

.

9. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others.

ECRM494688 REV. 4 07/16 1 Offer and Acceptance

Packet Page No. 086 10. ABSTRACT AND TITLE. Seller is not obligated to provide a 40 year merchantable abstract to Buyer. Seller will provide any title documentation it has in its possession provided Seller makes no warranty or representations related to the accuracy or completeness of such information.

11. DEED. Upon payment of Purchase Price, Seller shall convey the Real Estate to Buyers , by Quit Claim Deed, without any warranties, expressed or implied.

12. TIME IS OF THE ESSENCE. Time is of the essence in this Offer and Acceptance.

13. REMEDIES OF THE PARTIES: a. If Buyers fail to timely perform this Offer and Acceptance, Seller may forfeit it as provided in the Iowa Code, and all payments made shall be forfeited or, at Seller’s option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of such failure (during which thirty days such failure is not corrected) Seller may declare the entire balance immediately due and payable. Thereafter this Offer and Acceptance may be foreclosed in equity and the Court may appoint a receiver. b. If the Seller fails to timely perform this Offer and Acceptance, Buyers have the right to have all payments made returned to them. c. Buyers and Seller also are entitled to utilize any and all other remedies or actions at law or equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law.

14. STATEMENT AS TO LIENS. If Buyers intend to assume or take subject to a lien on the Real Estate, the Seller shall furnish Buyers with a written statement from the holder of such lien, showing the correct balance due.

15. SUBSEQUENT CONTRACT. If applicable, any real estate contract executed in performance of this contract shall be on the current form of the Iowa State Bar Association.

16. APPROVAL OF COURT. If the sale of the Real Estate is subject to Court approval, the fiduciary shall promptly submit this Offer and Acceptance for such approval. If this Offer and Acceptance is not so approved on or before Closing it shall be void.

17. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This Offer and Acceptance shall apply to and bind the successors in interest of the parties. Buyer may not assign its interest in this Offer and Acceptance without the prior written consent of Seller.

18. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context.

19. TIME FOR ACCEPTANCE. If this Offer and Acceptance is not accepted by the Seller on or before November 11, 2020, it shall become void and all earnest payments shall be repaid to the Buyers.

20. a. Environmental Conditions. This Offer and Acceptance is expressly contingent upon the receipt by Seller or Buyers, on or before possession, of results satisfactory to each of any investigation, tests, audits, examinations or analysis of the environmental condition of the Real Estate that the Seller or Buyer may obtain. Each party shall bear its own costs of performing the environmental assessments and testing it deems appropriate. If for any reason, Seller or Buyers determines that the property to be acquired is not in satisfactory environmental condition, as determined in each party’s sole and absolute discretion, Seller or Buyers may terminate this Offer and Acceptance, and Buyers will be returned to their original position, including the return of any earnest money deposit.

b. Property Condition. Buyer agrees to take possession of the Real Estate “AS IS” without representations or warranties expressed or implied by Seller.

ECRM494688 REV. 4 07/16 2 Offer and Acceptance

Packet Page No. 087 21. ACCESS TO REAL ESTATE. If applicable Buyer’s access to Real Estate prior to possession and Closing shall be contemplated on a separate Access Agreement with term limitations and conditions.

22. EASEMENTS. At Closing, Buyer agrees to grant any easements Seller requires as may be deemed necessary by Seller for the operation of the utility on Seller’s form of easement at no further cost to Seller.

23. FURTHER DOCUMENTATION. Buyer and Seller agree in good faith to execute such further or additional documents as may be necessary or appropriate to carry out the intent and purpose of this Offer and Acceptance.

24. SUBDIVISION. In the event that a subdivision of the Real Estate or a parcel of land of which the Real Estate comprises a part is required to allow Seller to convey the Real Estate in conformance with Iowa Code Section 354 and / or the subdivision ordinance of the municipality or county in which the Real Estate is situated, Buyer and Seller shall work together in good faith to subdivide the Real Estate. In the event that Seller is unable to secure approval by the applicable authority to subdivide the Real Estate on or before Closing, Seller may terminate this Offer and Acceptance by providing Buyer written notice thereof.

25. If the City of Centerville uses the property for a purpose other than Municipal Use, the City shall seek concurrence from ILAB prior to development AND If the City of Centerville uses the property for a purpose other than Municipal Use, the City will pay ILAB the valuation rate (per Appanoose County Assessors Page) at time of transfer from ILAB to City.

DATED:

City of Centerville

Buyer Buyer

This Offer and Acceptance is accepted ,20 .

IOWA LAND AND BUILDING COMPANY (Seller)

By:

ECRM494688 REV. 4 07/16 3 Offer and Acceptance

Packet Page No. 088 Exhibit A – Legal Description

The East 283 Feet of Lot 4 in the Southeast Quarter of the Southeast Quarter of Section 1, Township 68 North, Range 18 West of the 5th P.M., Appanoose County, Iowa.

AND

Beginning at the Northeast Corner of Lot 4 in the Southeast Quarter of the Southeast Quarter of Section 1, Township 68 North, Range 18 West of the 5th P.M., thence East 100 feet, thence South 743.4 feet, thence West 100 feet to the Southeast corner of said Lot 4, thence North 743.4 feet to the place of beginning, being a strip of land 100 feet in width being 50 feet wide on either side of the main track centerline of the Appanoose County Community Railroad, Inc. (formerly C.R.I. & P. Railroad Company) located along the East side of Lot 4, all in Appanoose County, Iowa. Subject to roads and highways.

ECRM494688 REV. 4 07/16 4 Offer and Acceptance

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