HomeMy WebLinkAbout4708 - 08/09/2004 INDBA BLACK HAWK COUNTY,IOWA:ss FEE BOOK# 20 05 0 G 9 8 0
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BLACK HAWK COUNTY RECORDER
CITY OF WATERLOO
This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
ORDINANCE NO. 4708
AN ORDINANCE AMENDING ORDINANCE NO. 4204
PROVIDING THAT GENERAL PROPERTY TAXES LEVIED
AND COLLECTED EACH YEAR ON ALL PROPERTY
LOCATED WITHIN THE AMENDED MARTIN ROAD
DEVELOPMENT 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 AND INDEBTEDNESS,
INCLUDING BONDS ISSUED OR TO BE ISSUED,
INCURRED BY SAID CITY IN CONNECTION WITH THE
AMENDED MARTIN ROAD INDUSTRIAL AREA.
WHEREAS, the City Council of the City of Waterloo, Iowa has
heretofore, in Ordinance No. 4204 provided for the division of
taxes within the Martin Road Development Area, pursuant to
Section 403 . 19 of the Code of Iowa; and
WHEREAS, additional territory now has been added to the
Martin Road Development Plan; 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 the
amended Martin Road Development Area, and the continuing needs
of redevelopment within the amended Martin Road Development Area
are such as to require the continued application of the
incremental tax resources of the amended Martin Road Development
Area; and
WHEREAS, the following enactment is necessary to accomplish
the objectives described in the premises .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WATERLOO, IOWA, THAT:
Ordinance Number 4204 is 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
Plan for the Martin Road Development Plan approved by
Ordinance No. 4204, adopted on November 12 , 1996,
which Original Project Area includes the lots and
parcels located within the area legally described as
follows :
Ordinance No. 4708
Page 2
Exhibit "A"
Martin Road Plaza Legal Description (original)
Part of Section 32 Township 89 Range 13 and Section 33
Township 89 Range 13 , City of Waterloo, Black Hawk
County, Iowa, described as follows :
Beginning at a point on the east line of Section 32 ,
Township 89, Range 13 that is four hundred twenty
(420) feet south of the northeast corner of the
southeast quarter of said Section, thence south along
said east line to its intersection with the northerly
right-of-way line of Martin Road, thence northeasterly
and easterly along said right-of-way line and an
extension thereof to its intersection with the
centerline of U. S . Highway 63 , thence southwesterly
along said centerline to its intersection with the
south line of Section 33 , thence westerly along the
south line of Sections 33 and 32 to the southwest
corner of the southeast quarter of the southeast
quarter of Section 32 , thence north to the southwest
corner of the northeast quarter of the southeast
quarter of said Section 32 , thence northeasterly to a
point that is nine hundred ninety (990) feet east of
and six hundred seventy five (675) feet north of the
southwest corner of the northeast quarter of the
southeast quarter of said Section, thence continuing
northeasterly 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 Plan for the Martin Road Development
Area, which Amendment No. 1 Area includes the lots and
parcels located within the area legally described as
follows :
Exhibit "B"
MARTIN ROAD PLAZA (Addendum 1)
Beginning at the point of intersection of the
centerline of U. S . Highway 63 (Sergeant Rd. ) and the
North line of the Southeast 1/ of the Southwest 1/ of
Section 33 Township 89 Range 13 , thence East along the
North line of said Southeast % of the Southwest 1/ of
said Section to the Southeasterly right-of-way line of
U. S . Highway 63 (Sergeant Rd. ) , thence Southwesterly
along said right-of-way to its intersection with the
West line of the Southeast 1/ of the Southwest 1/ said
Section, thence South 89° 50' 15" East a distance of
432 . 65' , thence South 1° 40' 30" East to the South line
of said Section, thence West along said South line to
the point where it would intersect the Northerly
extension of the East line of Tract A of Kingswood
Ordinance No. 4708
Page 3
Second Addition to Waterloo, thence South along the
extension of and the East line of Tract A to the
Northwest corner of Lot 15 Kingswood First Addition,
said point also being a point on the Easterly line of
Lot 6 of South Waterloo Commercial Park, thence
Southeasterly following the Easterly line of said Lot
6 to the most Southeasterly corner of said lot, thence
Southwesterly and Westerly along the South line of
said lot to an angle point on the South line of said
Lot 6, which is also a point on the West line of
Section 5 Township 88 Range 13 , thence South along the
West line of said Section to the North line of the
Southeast 14 of the Southeast 1/ of Section 6 Township
88 Range 13 , thence West along the North line of the
Southeast % of the Southeast 1/ and the North line of
the Southwest 1/ of the Southeast 1/ to a point on the
Northwesterly right-of-way line of the Chicago Great
Western Railroad (now abandoned) , thence South
35°31' 30" West 850 .21 feet along said line, thence
North 72°26' 10" West 1005 . 02 feet, thence Westerly
637 . 85 feet along a 7, 789 . 65 foot radius curve,
concave Southerly, having a chord bearing North
75°14' 03" West 637 . 67 feet, thence North 77°34 ' 36" West
835 . 86 feet, thence North 06°19' 51" East 32 . 15 feet to
the South line of the Northwest 1/ of the Southwest
of Section 6 Township 88 Range 13 , thence East along
said line to the West line of the Northeast 1/ of the
Southwest 1/ of said Section, thence North along the
West line of the Northeast 1/ of the Southwest % to the
North line of the Northeast 1/ of the Southwest 4 of
said Section, thence East along said North line to a
point on the East line of the West 440 feet of the
East one-half of the Northwest fractional 4 said
Section, thence North along the East line of the West
440 feet of the East one-half of the Northwest
fractional 1/ to the North line of said Section 6,
thence East along the North line of said Section 6,
which is also the South line of Section 32 Township 89
Range 13 , to the West line of the East 475 feet of the
Southwest 1/ of the Southeast 1/ of Section 32 , thence
North 790 feet along said West line, thence East 475
feet to the West line of the Southeast 1/ of the
Southeast 1/ of said Section, thence South along the
West line of the Southeast 1/ of the Southeast 1/ to the
South line of Section 32 , thence East along the South
line of Section 32 Township 89 Range 13 and Section 33
Township 89 Range 13 to the centerline of U. S . Highway
63 (Sergeant Rd. ) , thence Northeasterly along said
centerline to the point of beginning, all in the City
of Waterloo, Black Hawk County, Iowa;
(c) Amended Project Area shall mean that portion of the
City of Waterloo, Iowa included within the Original
Project Area and the Amendment No. 1 Area, which
Amended Project Area includes the lots and parcels
located within the area legally described as follows :
Ordinance No. 4708
Page 4
Exhibit "C"
MARTIN ROAD PLAZA (Original & Addendum 1)
Beginning at the point of intersection of the
centerline of U. S . Highway 63 (Sergeant Rd. ) and the
North line of the Southeast 4 of the Southwest 4 of
Section 33 Township 89 Range 13 , thence East along the
North line of said Southeast 1/ of the Southwest 1/ of
said Section to the Southeasterly right-of-way line of
U. S . Highway 63 (Sergeant Rd. ) , thence Southwesterly
along said right-of-way to its intersection with the
West line of the Southeast 4 of the Southwest 1/ said
Section, thence South 89° 50' 15" East a distance of
432 . 65' , thence South 1° 40' 30" East to the South line
of said Section, thence West along said South line to
the point where it would intersect the Northerly
extension of the East line of Tract A of Kingswood
Second Addition to Waterloo, thence South along the
extension of and the East line of Tract A to the
Northwest corner of Lot 15 Kingswood First Addition,
said point also being a point on the Easterly line of
Lot 6 of South Waterloo Commercial Park, thence
Southeasterly following the Easterly line of said Lot
6 to the most Southeasterly corner of said lot, thence
Southwesterly and Westerly along the South line of
said lot to an angle point on the South line of said
Lot 6, which is also a point on the West line of
Section 5 Township 88 Range 13 , thence South along the
West line of said Section to the North line of the
Southeast 1/ of the Southeast 1/ of Section 6 Township
88 Range 13 , thence West along the North line of the
Southeast 1/ of the Southeast 1/ and the North line of
the Southwest 1/ of the Southeast 1/ to a point on the
Northwesterly right-of-way line of the Chicago Great
Western Railroad (now abandoned) , thence South
35°31' 30" West 850 . 21 feet along said line, thence
North 72°26' 10" West 1005 . 02 feet, thence Westerly
637 . 85 feet along a 7, 789 . 65 foot radius curve,
concave Southerly, having a chord bearing North
75°14 ' 03" West 637 . 67 feet, thence North 77°34 ' 36" West
835 . 86 feet, thence North 06°19' 51" East 32 . 15 feet to
the South line of the Northwest 1/ of the Southwest 1/
of Section 6 Township 88 Range 13, thence East along
said line to the West line of the Northeast 1/ of the
Southwest % of said Section, thence North along the
West line of the Northeast 1/, of the Southwest 1/ to the
North line of the Northeast 1/ of the Southwest 4 of
said Section, thence East along said North line to a
point on the East line of the West 440 feet of the
East one-half of the Northwest fractional 1/ said
Section, thence North along the East line of the West
440 feet of the East one-half of the Northwest
fractional 1/ to the North line of said Section 6,
thence East along the North line of said Section 6,
which is also the South line of Section 32 Township 89
Range 13 , to the West line of the East 475 feet of the
Ordinance No. 4708
Page 5
Southwest 1% of the Southeast 1% of Section 32, thence
North 790 feet along said West line, thence East 475
feet to the West line of the Southeast 1/ of the
Southeast 14 of said Section, thence North along the
West line of the Southeast 1/ of the Southeast 1/ to the
Southwest corner of the Northeast 14 of the Southeast 1%
said Section 32 , thence Northeasterly to a point that
is 990 feet East of and 675 feet North of the
Southwest corner of the Northeast 14 of the Southeast 14
of said Section, thence Northeasterly to a point on
the East line of Section 32 that is 420 feet South of
the Northeast corner of the Southeast 1/ of said
Section, thence South along the East line of Section
32 to its intersection with the Northerly right-of-way
line of Martin Road, thence Northeasterly and Easterly
along said right-of-way, and an extension thereof, to
the centerline of U. S . Highway 63 (Sergeant Rd. ) ,
thence Southerly along said centerline to the point of
beginning, all in the City of Waterloo, Black Hawk
County, Iowa.
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 in this Ordinance
provided.
Section 3 : As to the Original Project 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,
1995, being the first day of the calendar year preceding the
effective date of Ordinance No. 4204 , 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 Amendment No. 1 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, 2004 , 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
Ordinance No. 4708
Page 6
authority of Section 403 . 9 or Section 403 . 12 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 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
areas shown by the 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. 4204 , 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 Amendment No. 1 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 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 9, 2004
PASSED 1st CONSIDERATION: August 9, 2004
PASSED 2nd CONSIDERATION: August 9, 2004
PASSED 3rd CONSIDERATION: August 9, 2004
Ordinance No. 4708
Page 7
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 9th day of August, 2004, and approved by the
Mayor on the 11th day of August, 2004 .
Tim Hurley, yor
ATTEST:
Nanc cke , CMC
City Clerk
CERTIFICATE
I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do
hereby certify that the preceding is a true and complete copy of
Ordinance No. 4708, as passed and adopted by the Council of the
City of Waterloo, Iowa, on the 9th day of August, 2004 .
Witness my hand and seal of office this llth day of August,
2004 .
SEAL Nancy ck , CMC
'N: City Clerk
1I�y CITY OF WATERLOO , IOWA
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G ,..... CITY CLERK AND FINANCE DEPARTMENT
y�_ � 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571
4ret1pp 3 NANCY ECKERT • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer
RECEIPT
TIMOTHY J.
HURLEY
CC)U NC I I_. Received this 3 day of September 2004 from NancyEckert,
MEMBERS p
Izec.Ir.Ai_t) N. City Clerk, a copy of Resolution No. 2004-522, adopting amendment
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`\i"" / No. 1 to the Martin Road Development Plan and a copy of Ordinance
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COI No. 4708 providing that general property taxes levied and collected
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BOB BLACK HAWK COUNTY AUDITOR
GREENWOOD
ERIC
GUNDERSON
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Grant Veeder
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