HomeMy WebLinkAbout5464-8/20/2018 Prepared by Chris Wendland, City Attorney, City of Waterloo, 715 Mulberry Street, Waterloo,
IA 50703, (319) 291-4323.
ORDINANCE NO. 5464
AN ORDINANCE AMENDING ORDINANCE NOS. 3925, 4688,
5309, 5429 AND 5430 PROVIDING THAT GENERAL PROPERTY
TAXES LEVIED AND COLLECTED EACH YEAR ON ALL
PROPERTY LOCATED WITHIN THE AMENDED NORTHEAST
INDUSTRIAL AREA 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 NORTHEAST INDUSTRIAL AREA URBAN
RENEWAL AND REDEVELOPMENT PROJECT.
WHEREAS, the City Council of the City of Waterloo, Iowa has heretofore, in
Ordinance Nos. 3925, 4688, 5309, 5429 and 5430, provided for the division of taxes
within the Northeast Industrial Area 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 Northeast Industrial Area Urban
Renewal and Redevelopment 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 Northeast Industrial Area 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 3925, 4688, 5309, 5429 and 5430 are hereby amended to read
as follows:
Section 1: 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 Northeast Industrial Area Urban Renewal and
Redevelopment Plan Area approved by Resolution No. 1993-57
adopted on February 8, 1993, which Original Project Area includes the
lots and parcels located within the area legally described as follows:
Part of Sections 15, 20, 21 and 22, Township 89 North, Range 12
West of the 5`h Principal Meridian in the City of Waterloo, Black Hawk County,
Ordinance No. 5464
Page 2
Iowa, described as follows:
Beginning at the Southeasterly corner of Section 20, Township 89,Range 12,
thence West along the South line of said Section to a point that is sixty-six(66)feet
West of the West line of the East one-half(1/2) of the Southeast quarter(SE 1/4) of
said Section,thence North along a line sixty-six(66)feet West of the West line of
said East one-half(1/2)to its intersection with the South line of the North one-half
(1/2) of the Northwest quarter(NW 1/4) of the Southeast quarter(SE 1/4) Section
20,thence West on said South line and its extension Westerly to the South line of the
Union Pacific Railroad Right-of-Way,thence Northeasterly along said right-of-way
line to its intersection with the West line of the East one quarter(1/4) of said
Section,thence Northerly along the West line of the Northeast quarter(NE 1/4)of
the Southeast quarter(SE 1/4) said Section to the Southwest corner of the Southeast
quarter(SE 1/4)of the Northeast quarter(NE 1/4) said Section,thence West along
the South line of the North one-half(1/2)of said Section to the West line of said
Section,thence North along the West line to the Northwest corner of the Southwest
quarter(SW 1/4)of the Northwest quarter(NW 1/4) said Section,thence East one
hundred ninety-four and four tenths (194.4) feet,thence North parallel to the West
line of said Section to the North line of said Section,thence East to the Northeast
corner of said Section 20,thence continuing East along the North line Section 21,
Township 89, Range 12 to the Northeast corner of said Section,thence North along
the West line of Section 15, Township 89, Range 12 to the Northwest corner of the
Southwest quarter(SW 1/4) of the Southwest quarter(SW 1/4) said Section,thence
East along the North line of the Southwest quarter(SW 1/4)of the Southwest quarter
(SW 1/4)to the Northeast corner of said quarter(1/4)quarter(1/4) said Section,
thence South along the East line of the Southwest quarter(SW 1/4) of the Southwest
quarter(SW 1/4) said Section to its intersection with the South line of the Union
Pacific Railroad Right-of-Way,thence Northeasterly along said South Right-of-Way
line to its intersection with the East line of the Southeast quarter(SE 1/4)of the
Southwest quarter(SW 1/4)of said Section, said point also being a point on the
current Corporate City Limit Line of Waterloo,thence South following the current
(1992)Corporate Limits of said City to the South line of Section 15, said line also
being the North line of Section 22, Township 89,Range 12,thence continuing South
along the East line of the Northeast quarter(NE 1/4) of the Northwest quarter(NW
1/4) of Section 22, Township 89,Range 12 to a point that is 680 feet South of the
North line said Section,thence West along a line 680 feet normally distant Southerly
of the Section line approximately 1500'±,thence North 40°01'01"West 166.19 feet,
thence North 15°32'50"West 194.91 feet,thence North 02°34'55" West 174.45 feet,
thence North 32°18'09"East 115.17 feet,thence North 57°10'27"East 111.27 feet
to the South line of the Union Pacific Railroad Right of Way,thence South
70°11'41"West along said South Right-of-Way line to a point that is 264.54 feet
Northeasterly of the West line Section 22,thence South 86°28'27"East 190.29 feet,
thence South 73°13'02"East 119.21 feet,thence South 61°04'21"East 154.14 feet,
thence South 40°08'51"East 145.09 feet,thence South 24°47'31"East 141.92 feet,
thence South 9'45'15"East 287.51 feet,thence South 0°06' West 261.27 feet,
thence South 14°18"West 256.24 feet,thence South 65.02 feet,thence West 766
feet to the East line of North Elk Run Road,thence South 70 feet along said right-of-
way,thence East 391 feet,thence South 60 feet,thence East 130 feet,thence South
60 feet,thence East 165 feet,thence South 0'07'14"East 777.35 feet,thence South
81°02'06"West 255.19 feet,thence South 94.32 feet to the South line of the
Northwest quarter(NW 1/4)of said Section,thence West along said South line to the
centerline of North Elk Run Road, which is also a point on the West line Section 22,
Township 89, Range 12,thence North along said West line to the South line of the
Union Pacific Railroad Right of Way,thence Southwesterly along said South Right-
of-Way line through Section 21, Township 89, Range 12 to its intersection with the
West line of Southeast quarter(SE 1/4) of the Northwest quarter(NW 1/4), of
Ordinance No. 5464
Page 3
Section 21,thence South along said West line to the Northwest corner of the
Northeast quarter(NE 1/4)of the Southwest quarter(SW 1/4) said Section,thence
East along the North line of the Southwest quarter(SW 1/4)of said Section to the
center of Section 21, said point also being a point on the corporate limit line of
Waterloo,thence South along the East line of the Southwest quarter(1/4)of said
Section to the South line of said Section,thence West along the South line of Section
21 to the point of beginning, all in the City of Waterloo,Black Hawk County, Iowa.
(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
Northeast Industrial Area Urban Renewal and Redevelopment Plan Area approved
by Resolution No. 2004-254, adopted on April 26, 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:
That part of Section 21, Township 89, Range 12 as follows: The Southeast 1/4 of
said Section, except the Southeast '/4 of the Southeast '/4 of said Section, and except
the East 332 feet of the South 693 feet of the Southwest '/4 of the Southeast '/4 of said
Section.
AND
That part of Section 20, Township 89, Range 12 as follows: Beginning at a point
on the West line of said Section 20 that is 990' North of the Southwest corner of said
Section, thence North along the West line of said Section to the West '/4 corner of
said Section,thence East along the centerline of said Section to the point where it
intersects the Northwest corner of the Northeast 1/4 of the Southeast '/4 of said
Section,thence South along the West line of the Northeast '/4 of the Southeast 1/4 of
said Section to the South line of Union Pacific Railroad,thence Southwesterly along
said South right of way line to the South line of the North 'h of the Northeast '/4 of
the Southwest '/4 of said Section 20,thence East along the South line of the North '/z
of the Northeast '/4 of the Southwest 1/4 and the South line of the North 1/2 of the
Northwest 1/4 of the Southeast '/4 to its intersection with a line 66 feet West of and
parallel to the West line of the East ''/2 of the Southeast'/4 of said Section,thence
South along said parallel line to the South line of said Section,thence West along the
South line of said Section to the centerline of Bishop Avenue,thence Northerly
along the centerline of Bishop Avenue, as now established,to the North line of the
South 990' of said Section,thence West along the North line of the South 990' of
said Section to the point of beginning.
(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
Northeast Industrial Area Urban Renewal and Redevelopment Plan Area approved
by Resolution No. 2015-801, adopted on October 12, 2015, which Amendment No. 2
Area includes the lots and parcels located within the area legally described as
follows:
That part of the East One-half of the Southwest Quarter of Section 15, Township
89 North, Range 12 West of the Fifth Principal Meridian, Waterloo, Black Hawk
County Iowa, lying North of the Chicago and Northwestern Transportation Company
Right-of-Way, except the North 990 feet thereof.
(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 Northeast Industrial Area Urban Renewal and Redevelopment Plan Area
approved by Resolution No. 2017-962, adopted on November 27, 2017, which
Removal Area includes the lots and parcels located within the area legally described
as follows:
Ordinance No. 5464
Page 4
That part of the Amendment No. 1 area described as: The Northeast '/4 of the
Southeast '/4 of Section 21, Township 89 North, Range 12 West of the Fifth Principal
Meridian,Black Hawk County, Iowa.
AND
That part of the Amendment No. 1 area described as: A parcel of land located in
the Northwest '/4 of the Southeast '/4 of said Section 21, more particularly described
in LD Book 571 Page 808 in the office of the Black Hawk County Recorder.
AND
That part of the Amendment No. 1 area located in Section 20, Township 89
North,Range 12 West, except that part of the West ''/2 of the Northeast'/4 of the
Southwest Quarter of said Section 20 lying South of the Union Pacific Railroad, and
except that part of the North 5 acres of the West '/2 of the Southeast'/4 of the
Southwest '/4 of said Section 20 lying Northwesterly of the Northwesterly right of
way line of Northeast Drive (formerly Bishop Avenue), and except the Union Pacific
Railroad Right of Way.
(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
Northeast Industrial Area Urban Renewal and Redevelopment Plan Area approved
by Resolution No. 2017-963, adopted on November 27, 2017, which Amendment
Area includes the lots and parcels located within the area legally described as
follows:
The Northeast '/4 of the Southeast '/4 of Section 21, Township 89 North,Range
12 West of the Fifth Principal Meridian,Black Hawk County,Iowa.
AND
A parcel of land located in the Northwest'/4 of the Southeast '/4 of said Section
21,more particularly described in LD Book 571 Page 808 in the office of the Black
Hawk County Recorder.
AND
That part of the Amendment No. 1 area located in Section 20, Township 89
North, Range 12 West, except that part of the West '/2 of the Northeast '/4 of the
Southwest Quarter of said Section 20 lying South of the Union Pacific Railroad, and
except that part of the North 5 acres of the West '/2 of the Southeast '/4 of the
Southwest '/4 of said Section 20 lying Northwesterly of the Northwesterly right of
way line of Northeast Drive(formerly Bishop Avenue), and except the Union Pacific
Railroad Right of Way.
(f) Amendment No. 5 Area shall mean that portion of the City of Waterloo, Iowa
described in an Amendment to the urban renewal and redevelopment plan for the
Northeast Industrial Area Urban Renewal and Redevelopment Plan Area approved
by Resolution No. 2018-584, adopted on August 6, 2018, which Amendment Area
includes the lots and parcels located within the area legally described as follows:
The Northwest '/4 of the Southwest '/4 of Section 15, T89N, R12W, except the
North V2 thereof,Black Hawk County,Iowa.
AND
That part of the right-of-way of North Elk Run Road described as follows:
Beginning at the Southeast Corner of Section 16, T89N, R12W, thence West
along the South line of said Section 16 to its intersection with a Southerly extension
of the Westerly right-of-way line of North Elk Run Road, thence Northerly along
said Southerly extension of the Westerly right-of-way line of North Elk Run Road
and the Westerly right-of-way line of North Elk Run Road to its intersection with the
Westerly extension of the South line of the North '/2 of the Northwest '/4 of the
Southwest Quarter of Section 15, T89N, R12W, thence Easterly along said Westerly
extension to its intersection with the East line of said Section 16,thence South along
Ordinance No. 5464
Page 5
the East line of said Section 16 to the point of beginning, City of Waterloo, Black
Hawk County,Iowa.
(g) 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; the Amendment No. 4 Area as legally described in paragraph (e)
above; and the Amendment No. 5 Area as legally described in paragraph(f) 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 that remains after removal therefrom of those parcels
situated within 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, 1992, being the first day of the calendar
year preceding the effective date of Ordinance No. 3925, shall be allocated to and when collected be paid
into the fund for the respective taxing district as taxes by or for said taxing district into which all other
property taxes are paid. 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. 4688.
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, 2014, 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. 5309.
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.
As to the Amendment No. 5 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, 2017, 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.
Ordinance No. 5464
Page 6
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. 3925, as amended by Ordinance No.
4688 for the addition of the Amendment No. 1 Area, as amended by Ordinance No. 5309 for the addition
of the Amendment No. 2 Area, as amended by Ordinance No. 5429 for the removal of the Amendment
No. 3 Removal Area, and as amended by Ordinance No. 5430 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: August 6, 2018
PASSED 1st CONSIDERATION: August 6, 2018
PASSED 2na CONSIDERATION: August 13, 2018
PASSED 3`d CONSIDERATION: August 20, 2018
PASSED AND ADOPTED this 201h day of August 2018.
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Quentin Hart, Mayor
ATTEST:
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Kelley Fel le
City Clerk
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Ordinance No. 5464
Page 7
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. 5464 as passed and adopted by the City
Council of the City of Waterloo, Iowa, on the 201h day of August 2018.
Witness my hand and seal of office this 201h day of August 2018.
elley Felchle
City Clerk
SEAL
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