HomeMy WebLinkAbout5432-12/18/2017 Prepared by Chris Wendland, City Attorney, City of Waterloo, 715 Mulberry Street,Waterloo, IA 50703,
(319)291-4323.
ORDINANCE NO. 5432
AN ORDINANCE AMENDING ORDINANCE NOS. 4351, 4748, 4956 AND 5431
PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED
EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED SAN
MARNAN URBAN RENEWAL AND REDEVELOPMENT AREA OF THE CITY OF
WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, BY AND FOR THE
BENEFIT OF THE STATE OF IOWA, CITY OF WATERLOO, COUNTY OF BLACK
HAWK, WATERLOO COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING
DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND
INTEREST ON LOANS, MONIES ADVANCED TO AN INDEBTEDNESS,
INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN
CONNECTION WITH THE AMENDED SAN MARNAN URBAN RENEWAL AND
REDEVELOPMENT PLAN PROJECT.
WHEREAS, the City Council of the City of Waterloo, Iowa has heretofore, in Ordinance Nos.
4351,4748, 4956 and 5431,provided for the division of taxes within the San Martian Urban Renewal and
Redevelopment Plan Project Area,pursuant to Section 403.19 of the Code of Iowa; and
WHEREAS,territory has now been added to the San Marnan Urban Renewal and Redevelopment
Plan Project Area; and
WHEREAS, indebtedness has been incurred by the City, and additional indebtedness is
anticipated to be incurred in the future, to finance urban renewal project activities within said Project
Area, and the continuing needs of redevelopment within the amended Project Area are such as to require
the continued application of the incremental tax resources of the amended Project Area;and
WHEREAS, the following enactment is necessary to accomplish the objectives described in the
San Marnan Urban Renewal and Redevelopment Plan,as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WATERLOO,IOWA THAT:
Ordinance Numbers 4351,4748,4956 and 5431 are hereby amended to read as follows:
Section l: For purposes of this Ordinance, the following terms shall have the following
meanings:
(a) Original Project Area shall mean that portion of the City of Waterloo, Iowa described
in the urban renewal and redevelopment plan for the San Marnan Urban Renewal and
Redevelopment Plan Area approved by Resolution No. 1999-499 adopted on July 26,
1999, which Original Project Area includes the lots and parcels located within the
area legally described as follows(unaffected by Amendment No. 3):
A part of the NW 1/4 of the NE 1/4,NE 1/4 of the NE 1/4 and the SW 1/4 of the
NE 1/4 of Section 9-88-13, Waterloo,Black Hawk County, Iowa, described as
follows:
Commencing at the Northeast corner of the NW 1/4 of the NE 1/4 of said Section
9;thence S 00°26'14"E along the East Line of the NW 1/4 of the NE 1/4 of said
Section 9 a distance of 463.53 feet to the point of beginning;thence S 89°03'48"E a
distance of 110.02 feet;thence Northeasterly along a curve concave Northwesterly
having a radius of 82.72 feet and a long chord bearing N 64°43'56" E a distance of
75.66 feet to the Northerly R-O-W line of Tower Park Drive as platted in Tower
Park, Waterloo,Black Hawk County, Iowa;thence S 51°28'16" E along the Westerly
end of said Tower Park Drive a distance of 60.00 feet;thence Southwesterly along a
curve concave Northwesterly having a radius of 142.72 feet and a long chord bearing
Ordinance No. 5432
Page 2
S 64°4357" W a distance of 130.55 feet;thence N 89°03'48" W a distance of 58.09
feet;thence Southerly along a curve concave Southeasterly having a radius of 20.00
feet and a long chord bearing S 45°14'59" W a distance of 31.90 feet;thence S
00°26'14"E a distance of 346.22 feet;thence N 89°34'11" W a distance of 30.00 feet
to the East line of the NW 1/4 of the NE 1/4 of said Section 9;thence S 00°26'14" E
along the East line of the NW 1/4 of the NE 1/4 and the East line of the SW 1/4 of the
NE 1/4 of said Section 9 a distance of 470.00 feet to the Northerly R-O-W of U.S.
Hwy. 20;thence N 89°34'11" W along said Northerly R-O-W a distance of 780.00
feet;thence N 00°26'14" W a distance of 530.00 feet;thence S 89°34'11"E a distance
of 750.00 feet;thence N 00°26'14" W a distance of 367.24 feet;thence S 89°03'48" E
a distance of 30.01 feet to the point of beginning,all in the City of Waterloo,Black
Hawk County,Iowa.
The East line of the NW 1/4 of the NE 1/4 of Section 9-88-13, Waterloo, Black
Hawk County,Iowa is assumed to bear S 00'26'14"E.
(b) Amendment No. 1 Area shall mean that portion of the City of Waterloo, Iowa
described in Amendment No. 1 to the urban renewal and redevelopment plan for the
San Mannan Urban Renewal and Redevelopment Plan Area approved by Resolution
No. 2004-835, adopted on December 13, 2004, which Amendment No. 1 Area
includes the lots and parcels located within the area legally described as follows, as
later modified to remove therefrom those portions of the Amendment No. 3 Removal
Area situated therein:
Beginning at the intersection of the centerlines of W. 4th Street and West San
Mannan Drive,thence Easterly along the centerline of West San Mannan Drive to the
point where the centerline of Johnathon Street extended would intersect said
centerline,thence South and Southeasterly along the extension of the centerline and
the centerline of Johnathon Street to the South line of Tower Park Drive,thence
Southwesterly along an arc following the Southerly line of Tower Park Drive to the
Westerly line of Tract A of Tower Park Addition,thence South 45°26' 14"East a
distance of 173.84 feet,to a point on the Southwesterly line of Lot 1 Tower Park
Addition,thence following said line of Lot 157.3 feet along a 64 foot radius curve,
thence South 45°26' 14"East 52 feet to the point of intersection of Lot 1 and Tract A,
thence South 54048' 14"East to the most Southerly corner of Tract A,thence in a
straight line to the most Westerly corner of Lot 1 of Tower Park No. 2,thence East
along the South line of said Lot 1 and an extension thereof to the centerline of
Kimball Avenue,thence South along the centerline of Kimball Avenue to the
centerline of U.S.Highway 20,thence Easterly along the centerline of U.S. Highway
20 to its intersection with the East line of the West 3/4 of Section 10 Township 88
Range 13,thence South along the East line of the West 3/4 of said Section 10 to the
South line of said Section,thence West along the South line of Section 10 Township
88 Range 13 to the Southwest corner of said Section,thence continuing West along
the South line of Section 9 Township 88 Range 13 to the Southwest corner of said
Section,thence West 466 feet along the South line of Section 8 Township 88 Range
13,thence North 466 feet,thence East 466 feet to the East line of said Section 8,
thence North along the East line of said Section to its intersection with the centerline
of U.S. Highway 20,thence Westerly along said centerline to its intersection with the
centerline of West 4th Street,thence North along the centerline of West 4th Street to
the centerline of San Maman Drive, said point being the point of beginning, except
that part described as follows:
A part of the NW 1/4 of the NE 1/4,NE 1/4 of the NE 1/4 and the SW 1/4 of the
NE 1/4 of Section 9-88-13,Waterloo,Black Hawk County, Iowa,described as
follows:
Commencing at the Northeast corner of the NW 1/4 of the NE 1/4 of said Section
9;thence S 00026'14"E along the East Line of the NW 1/4 of the NE 1/4 of said
Section 9 a distance of 463.53 feet to the point of beginning;thence S 89°03'48" E a
distance of 110.02 feet;thence Northeasterly along a curve concave Northwesterly
having a radius of 82.72 feet and a long chord bearing N 64°43'56" E a distance of
75.66 feet to the Northerly R-O-W line of Tower Park Drive as platted in Tower
Park, Waterloo,Black Hawk County,Iowa;thence S 51°28'16" E along the Westerly
Ordinance No. 5432
Page 3
end of said Tower Park Drive a distance of 60.00 feet;thence Southwesterly along a
curve concave Northwesterly having a radius of 142.72 feet and a long chord bearing
S 64°43'57" W a distance of 130.55 feet;thence N 89°03'48" W a distance of 58.09
feet;thence Southerly along a curve concave Southeasterly having a radius of 20.00
feet and a long chord bearing S 45014'59" W a distance of 31.90 feet;thence S
00°26'14" E a distance of 346.22 feet;thence N 89°34'11" W a distance of 30.00 feet
to the East line of the NW 1/4 of the NE 1/4 of said Section 9;thence S 00°26'14" E
along the East line of the NW 1/4 of the NE 1/4 and the East line of the SW 1/4 of the
NE 1/4 of said Section 9 a distance of 470.00 feet to the Northerly R-O-W of U.S.
Hwy. 20;thence N 89°34'11"W along said Northerly R-O-W a distance of 780.00
feet;thence N 00°26'14" W a distance of 530.00 feet;thence S 89°34'11"E a distance
of 750.00 feet;thence N 00°26'14" W a distance of 367.24 feet;thence S 89003'48"E
a distance of 30.01 feet to the point of beginning, all in the City of Waterloo,Black
Hawk County,Iowa.
The East line of the NW 1/4 of the NE 1/4 of Section 9-88-13, Waterloo, Black
Hawk County,Iowa is assumed to bear S 00'26'14" E.
(c) Amendment No. 2 Area shall mean that portion of the City of Waterloo, Iowa
described in Amendment No. 2 to the urban renewal and redevelopment plan for the
San Marnan Urban Renewal and Redevelopment Plan Area approved by Resolution
No. 2009-912, adopted on September 14, 2009, which Amendment No. 2 Area
includes the lots and parcels located within the area legally described as follows
(unaffected by Amendment No. 3):
A parcel of land in the Northwest Quarter(NW '/4)of Section 10,Township 88
North,Range 13 West of the 5th P.M.,Black Hawk County,Iowa, described as
follows:
Beginning at the intersection of the centerline of Kimball Avenue and the
centerline of US Highway 20;thence Easterly along the centerline of US Highway 20
to the intersection of said centerline and the Southerly extension of the Western-most
line of Lot 1,Anderson's Addition;thence Northerly along said Western-most line of
Lot 1,Anderson's Addition and the extension thereof,to the South line of Lot 1,
Anderson's 1St Addition;thence Westerly along the South line of Lot 1,Anderson's
1St Addition and the South end of the Mirage Ridge right of way to the West right of
way line of Mirage Ridge;thence North along the West right of way line of Mirage
Ridge to the South line of Lot 1,Anderson's Fifth Addition;thence Westerly along
the South line of Lot 1,Anderson's Fifth Addition and Lot 1,Anderson's Eighth
Addition and the Westerly extension thereof,to the centerline of Kimball Avenue;
thence Southerly along the centerline of Kimball Avenue to the centerline of US
Highway 20 and the point of beginning, all in the City of Waterloo,Black Hawk
County,Iowa.
(d) Amendment No. 3 Removal Area shall mean that portion of the City of Waterloo,
Iowa described in an Amendment to the urban renewal and redevelopment plan for
the San Marnan Urban Renewal and Redevelopment Plan Area approved by
Resolution No. 2017-964, adopted on November 27, 2017, which Removal Area
includes the lots and parcels located within the area legally described as follows:
That part of above described Amendment No. I area located in Section 9 and 10
of T88 R13 lying Southerly of the centerline of US Highway 20.
AND
That part of the above described Amendment No. 1 area located in Section 8 of
T88 R13,except that part of said Section 8 described as Beginning at the intersection
of the East line of the NE'/4 of said Section 8 and an Easterly extension of the South
line of the parcel of land described in Land Deed Book 543,Page 141, in the Black
Hawk County Recorder's Office;thence S89°40'05"W 49.00';thence continuing
S89040'05"W 188.62';thence S89°05'28"W to the Easterly right-of-way line of
Galactic Drive;thence Northerly along said Easterly right-of-way line and an
extension of said Easterly right-of-way line to the centerline of West San Marnan
Drive;thence Easterly along said centerline to a point that would intersect a
Ordinance No. 5432
Page 4
Northerly extension of the East line of said Section 8;thence Southerly along said
Northerly extension and the East line of said Section 8 to the Point of Beginning.
AND
That part of the above described Amendment No. 1 area described as Beginning
at the intersection of the centerline of West San Marnan Drive and the Northerly
extension of the West line of the Northeast 1/4 of the Northwest V4 of Section 9,T88
R13;thence Southerly along said Northerly extension and said West line to the
Northerly right-of-way line US Highway 20;thence Easterly along said Northerly
right-of-way line to the Southwest corner of Lot 1 of Tower Technology Park Plat
No. 1;thence Northerly along the Westerly line of said Lot 1 to the Northwest corner
of said Lot 1;thence Northerly along the Westerly most line of Tract A of Tower
Technology Park Plat No. 1 to the Northwest corner of said Tract A that is on said
Westerly most line of said Tract A;thence Easterly along the Northerly right-of-way
line of Fisher Drive, as presently established,to a point that is N89°34'50"W 50.00'
from the Southwest corner of Lot 3 of Tower Park No. 5;thence NO°26'00"W
310.66' to the Southerly right-of-way line of Tower Park Drive,as presently
established;thence Easterly along said Southerly right-of-way line to a point where a
Southerly extension of the West line of Lot 2 of Tower Park No. 5 would intersect;
thence Northerly along a Southerly extension of said West line,along said West line,
and along a Northerly extension of said West line to the centerline of West San
Marnan Drive;thence Westerly along said centerline to the point where a Northerly
extension of the Easterly line of Lot 1 of Tower Park No. 6 would intersect;thence
Southerly along said Northerly extension and said Easterly line to the Southeast
corner of said Lot 1;thence Westerly along the South line of said Lot 1 to the
Southwest corner of said Lot 1;thence Northerly along the Easterly right-of-way line
of Hurst Drive and a Northerly extension of said Easterly right-of-way line to the
centerline of West San Marnan Drive;thence Westerly along said centerline of West
San Marnan Drive to the Point of Beginning.
AND
That part of the above described Amendment No. 1 area described as: Lot 1,
Tract A, and Tract B of Tower Park No. 4.
AND
That part of the above described Amendment No. 1 area described as: Lot A and
Lot 3 except the East 21.99 feet of Lot 3 of Country Club Business Center Addition,
and Lot 2 of Country Club Business Center Second Addition,and Lot 3 of Country
Club Business Center Third Addition.
(e) Amendment No. 4 Area shall mean that portion of the City of Waterloo, Iowa
described in an Amendment to the urban renewal and redevelopment plan for the San
Marnan Urban Renewal and Redevelopment Plan Area approved by Resolution No.
2017-965, adopted on November 27, 2017, which Amendment Area includes the lots
and parcels located within the area legally described as follows:
That part of the above described Amendment No. 1 area located in Section 9 and
10 of T88 R13 lying Southerly of the centerline of US Highway 20.
AND
That part of the above described Amendment No. 1 area located in Section 8 of
T88 R13,but not excepting that part of said Section 8 described as Beginning at the
intersection of the East line of the NE 1/4 of said Section 8 and an Easterly extension
of the South line of the parcel of land described in Land Deed Book 543,Page 141, in
the Black Hawk County Recorder's Office;thence S89°40'05"W 49.00';thence
continuing S89°40'05"W 188.62';thence S89°05'28"W to the Easterly right-of-way
line of Galactic Drive;thence Northerly along said Easterly right-of-way line and an
extension of said Easterly right-of-way line to the centerline of West San Marnan
Drive;thence Easterly along said centerline to a point that would intersect a
Northerly extension of the East line of said Section 8;thence Southerly along said
Northerly extension and the East line of said Section 8 to the Point of Beginning.
AND
That part of the above described Amendment No. 1 area described as Beginning
at the intersection of the centerline of West San Marnan Drive and the Northerly
Ordinance No. 5432
Page 5
extension of the West line of the Northeast'/4 of the Northwest'/4 of Section 9,T88
R13;thence Southerly along said Northerly extension and said West line to the
Northerly right-of-way line US Highway 20;thence Easterly along said Northerly
right-of-way line to the Southwest corner of Lot 1 of Tower Technology Park Plat
No. 1;thence Northerly along the Westerly line of said Lot 1 to the Northwest corner
of said Lot 1;thence Northerly along the Westerly most line of Tract A of Tower
Technology Park Plat No. 1 to the Northwest corner of said Tract A that is on said
Westerly most line of said Tract A;thence Easterly along the Northerly right-of-way
line of Fisher Drive,as presently established,to a point that is N89°34'50"W 50.00'
from the Southwest corner of Lot 3 of Tower Park No. 5;thence NO°26'00"W
310.66' to the Southerly right-of-way line of Tower Park Drive,as presently
established;thence Easterly along said Southerly right-of-way line to a point where a
Southerly extension of the West line of Lot 2 of Tower Park No. 5 would intersect;
thence Northerly along a Southerly extension of said West line,along said West line,
and along a Northerly extension of said West line to the centerline of West San
Marnan Drive;thence Westerly along said centerline to the point where a Northerly
extension of the Easterly line of Lot 1 of Tower Park No. 6 would intersect;thence
Southerly along said Northerly extension and said Easterly line to the Southeast
corner of said Lot 1;thence Westerly along the South line of said Lot 1 to the
Southwest corner of said Lot 1;thence Northerly along the Easterly right-of-way line
of Hurst Drive and a Northerly extension of said Easterly right-of-way lien to the
centerline of West San Marnan Drive;thence Westerly along said centerline of West
San Marnan Drive to the Point of Beginning.
AND
That part of the above described Amendment No. 1 area described as: Lot 1,
Tract A,and Tract B of Tower Park No.4.
AND
That part of the above described Amendment No. 1 area described as: Lot A and
Lot 3 except the East 21.99 feet of Lot 3 of Country Club Business Center Addition,
and Lot 2 of Country Club Business Center Second Addition,and Lot 3 of Country
Club Business Center Third Addition.
AND
That part of the Southeast'/4 of the Northeast'/4 of Section 10,T88 R13, lying
Southerly of the centerline of US Highway 20, except the North 422 feet of the South
678.5 feet of the East 218.4 feet of said Southeast'/4 of the Northeast 1/4, and except
Parcel A,being part of the Northeast'/4 of Section 10,T88R13,pursuant to survey
filed May 24,2016 as Document No. 2016-019901, and except Tract B of said
Southeast '/4 of the Northeast 1/4,recorded as Land Deed 539,Page 330 in the Black
Hawk County Recorder's Office.
(f) Amended Project Area shall mean that portion of the City of Waterloo, Iowa
included within the Original Project Area, Amendment No. 1 Area, and Amendment
No. 2 Area, as each is legally described in paragraphs (a), (b), and (c) above, as
modified to remove therefrom those portions of the Amendment No. 3 Removal
Area, as legally described in paragraph (d) above, that are situated respectively in
each of said areas, and the Amendment No. 4 Area as legally described in paragraph
(e)above.
Section 2: The taxes levied on the taxable property in the Amended Project Area, legally
described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Waterloo, County of
Black Hawk, Waterloo Community School District, and all other taxing districts from and after the
effective date of this Ordinance shall be divided as hereinafter provided in this Ordinance.
Section 3: As to the Original Project Area (which is unaffected by the Amendment No. 3
Removal Area), that portion of the taxes which would be produced by the rate at which the tax is levied
each year by or for each of the taxing districts taxing property in the Original Project Area upon the total
sum of the assessed value of the taxable property in the Original Project Area as shown on the assessment
roll as of January 1, 1998, being the first day of the calendar year preceding the effective date of
Ordinance No. 4351, shall be allocated to and when collected be paid into the fund for the respective
Ordinance No. 5432
Page 6
taxing district as taxes by or for said taxing district into which all other property taxes are paid. The taxes
so determined shall be referred herein as the"base period taxes"for such area.
As to the Amendment No. 1 Area that remains after removal therefrom of those parcels situated
within the Amendment No. 3 Removal Area, base period taxes shall be computed in the same manner
using the total assessed value shown on the assessment roll as of January 1, 2003, being the assessment
roll applicable to property in such area as of January 1 of the calendar year preceding the effective date of
Ordinance No.4748.
As to the Amendment No. 2 Area(which is unaffected by the Amendment No. 3 Removal Area),
base period taxes shall be computed in the same manner using the total assessed value shown on the
assessment roll as of January 1, 2008, being the assessment roll applicable to property in such area as of
January 1 of the calendar year preceding the effective date of Ordinance No.4956.
As to the Amendment No. 4 Area(which is unaffected by the Amendment No. 3 Removal Area),
base period taxes shall be computed in the same manner using the total assessed value shown on the
assessment roll as of January 1, 2016, being the assessment roll applicable to property in such area as of
January 1 of the calendar year preceding the effective date of this Ordinance.
Section 4: That portion of the taxes each year in excess of the base period taxes for the Amended
Project Area, determined for each sub-area thereof as provided in Section 3 of this Ordinance, shall be
allocated to and when collected be paid into the special tax increment fund previously established by the
City of Waterloo to pay the principal of and interest on loans, monies advanced to, or indebtedness,
whether funded,refunded, assumed or otherwise, including bonds issued under authority of Section 403.9
or Section 403.22 of the Code of Iowa, incurred by the City of Waterloo, Iowa to finance or refinance, in
whole or in part, urban renewal projects undertaken within the Amended Project Area pursuant to the
Urban Renewal Plan, as amended, except that taxes for the regular and voter-approved physical plant and
equipment levy of a school district imposed pursuant to Section 298.2 of the Code of Iowa and taxes for
the payment of bonds and interest of each taxing district shall be collected against all taxable property
within the Amended Project Area without any limitation as hereinabove provided.
Section 5: Unless or until the total assessed valuation of the taxable property in the areas of the
Amended Project Area exceeds the total assessed value of the taxable property in said area shown by the
last equalized assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and
collected upon the taxable property in the Amended Project Area shall be paid into the funds for the
respective"taxing districts as taxes by or for the taxing districts in the same manner as all other property
taxes.
Section 6: At such time as the loans, monies advanced, bonds and interest thereon and
indebtedness of the City of Waterloo referred to in Section 4 hereof have been paid, all monies thereafter
received from taxes upon the taxable property in the Amended Project Area shall be paid into the funds
for the respective taxing districts in the same manner as taxes on all other property.
Section 7: All ordinances or parts of ordinances in conflict with the provisions of this Ordinance
are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to
continue the division of taxes from property within the Original Project Area under the provisions of
Section 403.19 of the Code of Iowa, as authorized in Ordinance No. 4351, as amended by Ordinance No.
4748 for the addition of the Amendment No. 1 Area, as amended by Ordinance No. 4956 for the addition
of the Amendment No. 2 Area, as amended by Ordinance No. 5431 for the removal of the Amendment
No. 3 Removal Area, and as amended by Ordinance No. 5432 for the addition of the Amendment No. 4
Area, and to fully implement the provisions of Section 403.19 of the Code of Iowa with respect to the
division of taxes from property within the foregoing areas 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 of the Code of Iowa with reference to the Amended Project Area and the territory
contained therein.
Section 8: This Ordinance shall be in effect after its final passage, approval and publication as
provided by law.
INTRODUCED: November 27, 2017
PASSED FIRST CONSIDERATION: November 27,2017
Ordinance No. 5432
Page 7
PASSED SECOND CONSIDERATION: December 4, 2017
PASSED THIRD CONSIDERATION: December 18,2017
PASSED AND ADOPTED this 18th day of December 2017.
Quentin M. Hart, Mayor
ATTEST:
Kelley Fe hle, City Clerk
CERTIFICATE
I, Kelley Felchle City Clerk of the City of Waterloo, Iowa, do hereby certify that the
preceding is a true and complete copy of Ordinance No. 5432, as passed and adopted by the
Council of the City of Waterloo, Iowa, on the 18th day of December 2017.
Kelley Fele e,City Clerk