Loading...
HomeMy WebLinkAbout2012-298-4-2-2012(This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of the City of Waterloo, Iowa. Date of Meeting: April 2, 2012. Time of Meeting: 5:30 o'clock P.M. Place of Meeting: Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: • Resolution to Set Hearing on Disposal of Real Property to Waterloo Development Corporation Such additional matters as are set forth on the additional 8 page(s) attached hereto. This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. Suzy Schires, City Clerk, Waterloo, Iowa -1- April 2, 2012 The City Council of Waterloo, Iowa, met in regular session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at 5:30 o'clock P.M., on the above date. There were present Mayor Ernest G. Clark, in the chair, and the following named Council Members: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart Absent: none -2- Council Member Cole introduced the following Resolution entitled "RESOLUTION TO SET HEARING ON DISPOSAL OF REAL PROPERTY BY DEED TO WATERLOO DEVELOPMENT CORPORATION", and moved that the same be adopted. Council Member Welper seconded the motion to adopt. The roll was called and the vote was, AYES: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart NAYS: none Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. 2012-298 RESOLUTION TO SET HEARING ON DISPOSAL OF REAL PROPERTY BY DEED TO WATERLOO DEVELOPMENT CORPORATION WHEREAS, the City of Waterloo, Iowa ("City") and Waterloo Development Corporation ("Developer") are parties to a Development and Property Transfer Agreement dated December 19, 2011 (the "Development Agreement"); and WHEREAS, under said Development Agreement it is proposed that the City transfer title and possession of certain real property owned by the City and hereinafter described (the "Property") to the Developer, upon which the Developer would construct a multi -use recreational and athletic facility complex to be known as the Cedar Valley Sportsplex, which Developer would then lease to the City upon completion thereof under the terms of a lease purchase agreement between the City and the Developer; and WHEREAS, the City Council has determined that the redevelopment of said Property under the terms of the Development Agreement is in the best interests of the City and the residents thereof; and WHEREAS, Section 364.7 of the Iowa Code requires that a public hearing be held on the proposal to dispose of an interest in real property. -3- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That this Council meet in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at 5:30 o'clock P.M. on the 16th day of April, 2012, for the purpose of taking action on the matter of disposing of the Property by deed to the Developer, as contemplated in the Development Agreement. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said hearing, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public hearing. Section 3. That the notice of the public hearing shall be in substantially the following form: -4- NOTICE OF MEETING OF THE CITY COUNCIL OF WATERLOO, IOWA, ON THE MATTER OF DISPOSING OF REAL PROPERTY BY DEED TO WATERLOO DEVELOPMENT CORPORATION PUBLIC NOTICE is hereby given that the Council of the City of Waterloo, Iowa will hold a public hearing on the 16` day of April, 2012, at 5:30 o'clock, P.M., in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at which meeting the Council proposes to take additional action on the proposal to dispose of certain real property owned by the City, by means of a deed, to Waterloo Development Corporation (the "Developer"). The property to be so disposed of is legally described as follows: All that part of Block Fourteen (14), including Twenty (20) foot alley, in the Original Plat, on the West Side of the Cedar River in the City of Waterloo, Black Hawk County, Iowa, EXCEPT That part of Twenty (20) foot alley in said Block Fourteen (14), lying Southeasterly of the Southwesterly extension of the Northwest line of the Southeast Forty (40) feet of Lot Three (3), said Block Fourteen (14), AND EXCEPT Lots One (1) and Two (2) and the Southeast Forty (40) feet of Lot (3), all in said Block Fourteen (14), AND EXCEPT Lots Nos. Nine (9) and Ten (10) except the Southwesterly Thirty (30) feet of said Lots, in Block No. Fourteen (14). AND That part of the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the most Southerly corner of Block Thirteen (13), aforesaid Original Plat; thence Northeasterly along the Southeasterly line of said Block Thirteen (13) to the most Easterly corner of said Block Thirteen (13); thence Southeasterly to the most Northerly corner of Block Fourteen (14), aforesaid Original Plat; thence Southwesterly along the Northwesterly line of said Block Fourteen (14) to the most Westerly corner of said Block Fourteen (14); thence Northwesterly to the point of beginning; subject to City's retention of a permanent utility easement over, under and upon this portion; AND That part of a parcel lying Southwest of Block Fourteen (14), the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, described as follows: -5- Beginning at the most Southerly corner of aforesaid Block Fourteen (14); thence Southwest Thirty (30) feet along the Southwesterly extension of the Southeast line of said Block Fourteen (14); thence Northerly to the most Westerly corner of said Block Fourteen (14); thence Southeasterly along aforesaid Southwest line of Block Fourteen (14) to the point of beginning. AND All of Lots One (1), Two (2), Three (3), Four (4), Five (5), and Twenty (20) foot alley, Block Thirteen (13) in the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. AND The Northeasterly One Hundred Ten (110) feet of Lots Six (6), Seven (7), Eight (8), Nine (9) and Ten (10), all in Block Thirteen (13) in the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, EXCEPT those parts conveyed to the State of Iowa in 607 CLD 684 AND EXCEPT those parts conveyed to the City of Waterloo in 661 CLD 853. AND That part of Lots Eight (8), Nine (9) and Ten (10), Block Thirteen (13), Original Plat of West Waterloo, Black Hawk County Iowa, bounded as follows: On the Northeast by the Southwest line of the Northeasterly One Hundred Ten (110) feet of said Lots Eight (8), Nine (9) and Ten (10); On the Northwest by the Northwesterly line of the Southeasterly Ten (10) feet of said Lot Eight (8); On the Southwest by a line drawn from a point on the Northwesterly line of said Southeasterly ten (10) feet of Lot Eight (8), which is One Hundred Eighteen (118) feet Southwest of the Northeasterly line of said Lot Eight (8), said line extending to a point on the Southeasterly line of said Lot Ten (10) which is One Hundred Thirty-seven and Five Tenths (137.5) feet Southwesterly of the Northeast corner of said Lot Ten (10); (the 'Property"). Under the terms of a Development and Property Transfer Agreement dated December 19, 2011 between the City and the Developer, the Developer has agreed to construct a multi -use recreational and athletic facility complex on the Property to be known as the Cedar Valley Sportsplex, and thereafter to lease the same to the City under the terms of a lease purchase agreement. -6- 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 transfer the Property by deed to the Developer for the foregoing purpose. This notice is given by order of the Council of Waterloo, Iowa, as provided by Sections 364.7 and 362.3 of the City Code of Iowa. Dated this 2nd day of April, 2012. 7 Suzy Scha es, City Clerk, Waterloo, Iowa (END OF NOTICE) -7- PASSED AND APPROVED this 2114 day of April, 2012. ATTEST: (29 Suzy Schates, City Clerk Ernest G. Clark, Mayor CIG -3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said 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 (a copy of the face sheet of said agenda being attached hereto) 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 said 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 said 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 said Municipality hereto affixed this 2nd day of April, 2012. SEAL 00834972-1111310-093 Suzy Sc ares, City Clerk, Waterloo, Iowa -9-