ORDINANCE NO. 05-33

ORDINANCE ESTABLISHING 44^TH STREET AS A
 REVITALIZATION AREA

          WHEREAS, Chapter 404 of the Code of Iowa provides for establishment of revitalization areas within the City; and, 

          WHEREAS, it is desirable and in the interest of the public health, safety, and welfare of the residents of the City of Marion that the City of Marion (herein called the “City”) undertake and carry out an Urban Revitalization Program (herein called the “Program”) in a tract of land located at 305 44^th Street in the City of Marion, Linn County, Iowa, more particularly described as follows:

          Lot 5, Industrial Center East First Addition to Marion, Linn County, Iowa.

          WHEREAS, the City has made studies of the location and the City Council of the City of Marion has determined that the subject property described above is appropriate for economic development and meets the criteria set forth in Section 404.1 of the Code of Iowa; and,

          WHEREAS, there has been prepared and referred to the City Council for review and approval of an Urban Revitalization Plan prepared in accordance with Chapter 404 of the Code of Iowa; and,

          WHEREAS, the members of the City Council have general knowledge of the conditions prevailing in the proposed revitalization area; and,

          WHEREAS, the City has scheduled a public hearing and notified all owners of the record of real property located within the proposed area, the tenants living within the proposed area and the City Development Board in accordance with Section 362.3 of the Code of Iowa and the City has also sent by ordinary mail to the last known address of the owners of record and also sent notice by ordinary mail to the “occupants” of city addresses located within the proposed area, such notices have been given by the 30^th day prior to the public hearing in accordance with the provisions of Chapter 404 of the Code of Iowa; and,

          WHEREAS, the public hearing has been held on the 1st of September, 2005; and,

          WHEREAS, a second public hearing has not been deemed necessary in accordance with Subsection 6 of Section 2 of Chapter 404 of the code of Iowa.

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

          Section 1.  The Urban Revitalization Plan which is attached hereto and by this reference made a part hereof and which shall remain on file in the office of the City Clerk of the City of Marion, Iowa is hereby adopted and shall constitute a part of this ordinance the same as if set out herein.

          Section 2.  There is hereby designated as a revitalization area the following described real estate located in Marion, Linn County, Iowa:

          Lot 1, Industrial Center East First Addition to Marion, Linn County, Iowa

Section 3.  All ordinances or parts of ordinances in conflict herewith are repealed.

Section 4.  It is the intention of the City Council that each section, paragraph, sentence, clause or provision of this ordinance is separable, and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this ordinance, nor any part thereof other than that affected by such decision.

Section 5.  That this ordinance shall be in full force and effect from and after its passage and publication as provided by law.

Passed and approved this 20th of October, 2005.

                                                                      ___________________________
                                                                      Paul E. Rehn, Mayor pro tem

ATTEST:

______________________________
Wesley A. Nelson, City Clerk