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HomeMy WebLinkAbout4749 - 12/13/2004 INDES BLACK HAWK COUNTY,IOWA:ss '#d FEE BOOK# 20 (� 1 /FILED U� � �!FOR RECORDMAR 30 2005 PROOF ,AT 1:00 P. M. FEE 1-55.00 - 1.00/ COMPARED CZEL;a4,40 BLACK HAWK COUNTY RECORDER CITY OF WATERLOO This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4749 AN ORDINANCE AMENDING' ORDINANCE NO. 4069 PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AIRPORT AREA DEVELOPMENT PLAN 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 AIRPORT AREA WHEREAS, the City Council of the City of Waterloo, Iowa has heretofore, in Ordinance No. 4069 provided for the division of taxes within the Airport Area Development Project Area pursuant to Section 403 . 19 of the Code of Iowa; and WHEREAS, additional territory now has been added to the Airport Area Development 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 the amended Airport Area Development Project Area, and the continuing needs of redevelopment within the amended Airport Area Development Project Area are such as to require the continued application of the incremental tax resources of the amended Airport Area Development Project 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 4069 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 Airport Multi-Model Park Area approved by Ordinance No. 4069, adopted on January 9, 1995, which Original Project Area includes the lots and parcels located within the area legally described as follows : Ordinance No. 4749 Page 2 Attached Exhibit "A" (b) Amendment No. 2 Area shall mean that portion of the City of Waterloo, Iowa described in Amendment No. 2 to the Urban Renewal Plan for the Airport Area Development Plan Area approved by Resolution No. 2004-836, approved on December 13, 2004 which Amendment No. 2 Area includes the lots and parcels located within the area legally described as follows : Attached Exhibit "B" (c) Amended Project Area shall mean that portion of the City of Waterloo, Iowa included within the Original Project Area and the Amendment No. 2 Area, which Amended Project Area includes the lots and parcels located within the area legally described as follows : Attached Exhibit "C" 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, 1994, being the first day of the calendar year preceding the effective date of Ordinance No. 4069, 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. 2 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 • • Ordinance No. 4749 Page 3 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 . 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. 4069, 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. 2 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: December 13, 2004 PASSED 1st CONSIDERATION: December 13, 2004 PASSED 2nd CONSIDERATION: December 13, 2004 PASSED 3rd CONSIDERATION: December 13, 2004 Ordinance No. 4749 Page 4 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 13th day of December, 2004, and approved by the Mayor on the 15th day of December, 2004 . Tim Hurley, Mayo ATTEST: lgt.a4;,e Na` YEcke 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. 4749, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 13th day of December, 2004 . Witness my hand and seal of office this 15th day of December, 2004 . Q SEAL Nanc Eck , CMC City Clerk Exhibit "A" Original Description to Airport Multi-Modal Park Development Plan Beginning at the intersection of the Northerly right-of-way line of Broadway Street and the centerline of Wagner Rd. , thence Northwesterly along said Northerly right-of-way line of Broadway Street to a point which is three hundred thirty feet (330' ) normally distant East of the centerline of Airport Boulevard, thence North one hundred twenty-five feet (125' ) , thence East two hundred fifty three and seventy-six hundredths feet (253 . 76' ) , thence North to the centerline of Airline Highway, thence Easterly along said centerline one thousand two hundred twenty-three feet (1223' ) , thence North to the centerline of the Chicago Central and Pacific Railroad, thence Northwesterly along the Chicago Central and Pacific Railroad centerline two hundred feet (200' ) , thence North three hundred sixty feet (360' ) , thence East to the centerline of Wagner Road, thence Southerly along said centerline to the centerline of West Airline Highway, thence Westerly along said centerline to the centerline of the Chicago Central and Pacific Railroad, thence Southeasterly along the centerline of the Chicago Central and Pacific Railroad to the centerline of Wagner Road, thence Southerly along the centerline of Wagner Road to the point of beginning. And also; Beginning at the point of intersection of the East line of Leversee Road and the Northerly line of Railroad in the Southwest quarter Section 5, Township 89, Range 13 in the City of Waterloo, thence North to the North line said section, thence East along section line to the East line of the Southwest one- quarter (1/4) of the Southwest ' one-quarter (1/4) Section 32, Township 90, Range 13, thence North along said line to the Southeast corner of the Northwest one-quarter (1/4) of the Southwest one-quarter (1/4) , thence West along the South line of the Northwest one-quarter (1/4) of the Southwest one-quarter (1/4) to a point that is twenty (20) rods East of the West line of said section, thence North one hundred thirty-two feet (132' ) more or less (eight (8) rods) , thence West twenty (20) rods to the West line of section, thence North along the West line of said section to the Northwest corner of said section, thence East to the Northeast corner of said section, thence South to the West one-quarter (1/4) corner of Section 33, Township 90, Range 13, thence East to the center point of said section, thence South along the East line of the Southwest one-quarter (1/4) to the Northwest corner of the Southwest one-quarter (1/4) of the Southeast one-quarter (1/4) Section 33, Township 90 Range 13, thence East to the Northeast corner of the Southwest one- quarter (1/4 ) of the Southeast one-quarter (1/4 ) , thence South to the South line of said section, thence West along the North line of Section 4, Township 89, Range 13 to the Northwest corner of the fractional one-quarter '(1/4) of said section, thence South five hundred eighty eight (588' ) thence Southeasterly to a point eight hundred thirty-three feet (833' ) South of North line and three hundred nineteen feet (319' ) East of the West line of said Northeast one-quarter (1/4) , thence East to the West line of the East thirty (30) acres of the North fractional one-half (1/2) of the Northeast one-quarter (1/4) of said section, thence South along said West line of the East thirty (30) acres of the Exhibit "A" Page 2 North fractional one-half (1/2) of the Northeast one-quarter (1/4) Section 4, Township 89, Range 13 to its intersection with the North line of the Southeast one quarter (1/4) of the Northeast one-quarter (1/4) , thence East to the West line of Wagner Road, thence South along the West line of Wagner Road to a point that is six hundred feet (600' ) North of the intersection of the West line of Wagner Road and the North line of West Airline Highway, thence West three thousand three hundred feet (3300' ) , thence South to the North line of the Chicago Central and Pacific Railroad, thence Westerly along the North line of the Chicago Central and Pacific Railroad, and the Cedar River Railroad Company property (Land Deed, Book 560 Page 815) to the point of beginning, except a parcel of land in Section 4, Township 89, Range 13, described as follows : Beginning at a point on the North right-of-way of the Chicago Central and Pacific Railroad Company that is sixty feet (60' ) East of the centerline of the access road to airport, thence North four hundred feet (400' ) , thence East five hundred feet (500' ) , thence South to the North Railroad right-of-way, thence West along the North railroad right-of-way to the point of beginning. • Airport Multi-Modal-original.doc02/02/2005 EXHIBIT "B" Amendments to Airport Area Development Plan December 2004 Beginning at the Southwest corner of Section 32 Township 89 Range 13, thence East along the South line of Section 32 Township 90 Range 13 to the East line of the Southwest 1,1 of the Southwest 141 said Section 32, thence North along said line to the Southeast corner of the Northwest of the Southwest 1,1 said Section, thence West along the South line of the Northwest of the Southwest to a point that is 20 rods East of the West line of said Section, thence North 132 feet more or less (8 rods) , thence West to the West line of said Section, thence South along the West line of Section 32 Township 89 Range 13 to the point of beginning; And also; beginning at a point on the North right-of-way of the Chicago Central Railroad (formerly the Chicago Central & Pacific Railroad) that is 60 feet East of the centerline of the access road to the airport, thence North 400 feet, thence East 500 feet, thence South to the North Railroad right-of-way, thence West along the North Railroad right-of-way to the point of beginning; And also; beginning at the Southwest corner of Section 5 Township 89 Range 13, thence South along the West line of Section 8 Township 89 Range 13 (which is also the West Corporate Limit line of the City of Waterloo) to the southwest corner of the Northwest of the Northwest 141 of said Section 8, thence East along the South line of the North one-fourth of said Section to its intersection with the North line of West Washington Street (also currently U. S. Hwy. 218) , thence continuing Easterly along said North right-of-way line (currently known as Broadway Street Ramp) to its intersection with the East line of Lot 3 Deward Fetcher Industrial Park, thence Easterly 50' parallel to the North line Lot 3 of Deward Fetcher Industrial Park, thence Easterly across Airport Boulevard right-of-way to the Southwest corner of Lot 8 said addition, thence East to the Southeast corner of Tract B of said addition, thence North along the East line of said Tract B a distance of 125' more or less, thence South 89 degrees 28 minutes East 253 . 76' , thence North to the North line of Section 9 Township 89 Range 13, thence East along the North line of said Section to the point where it intersects the East line of the West 875' of the Southeast '� of the Southwest of Section 4 Township 89 Range 13, thence North along the East line of the West 875' of the Southeast of the Southwest of Section 4 to its intersection with the centerline of the Chicago Central Railroad, thence Northwesterly along the Railroad centerline 200' , thence North to the North line of said railroad, thence Westerly along the North line of said railroad to its intersection with the West line of Section 5 Township 89 Range 13, thence South along said Section line to the point of beginning; And also; beginning at the center of Section 33 Township 90 Range 13, thence North along the centerline of said Section to the North line of the South one-half of the Southwest of the Northeast said Section, thence East along the North line of the South one-half of the Southwest of the Northeast and the Exhibit "B" Page 2 South one-half of the Southeast k of the Northeast of said Section to the Northeast corner of the Southwest k of the Southeast of the Northeast k of said Section, thence South along the East line of the Southwest k of the Southeast k of the Northeast k to the South line of the Northeast k of said Section, thence East along the .North line of the Southeast k said Section 33 to the West line of Section 34 Township 90 Range 13, thence East along the North line of the Southwest k of Section 34 Township 90 Range 13 to the center of said Section 34, thence South along the East line of the Southwest k said Section 34 to the North line of Section 3 Township 89 Range 13, thence South to the Northwest corner of the Southwest k of the Southeast k said Section 3, thence East along the North line of the Southwest of the Southeast k to the Northeast corner of said Southwest of the Southeast k of said Section, thence South along the East line of the Southwest k of the Southeast 1.1 to the South line of said Section 3, thence East along the South line of Section 3 to the Southeast corner of said Section, thence East along the North line of Section 11 Township 89 Range 13 to the point where the East line of Lot 10 Gronberg Addition extended North would intersect the North line of said Section 11, thence South along the extension of the East line of said Lot 10 and the East line of said Lot 10 to the Southeast corner of said Lot 10, thence South along the East line of the South 80 acres of the West 100 acres of the Northwest k of said Section 11 to the South line of the Northwest k of said Section, thence West along the South line of the Northwest k said Section 11 to the West line of said Section, said point also being the Northeast corner of the Southeast k of Section 10 Township 89 Range 13, thence West along the North line of the Southeast k of Section 10 to the centerline of the Chicago Central Railroad, thence South and Southeasterly following said Railroad centerline to its intersection with the centerline of Midland Street, thence East along the centerline of Midland Street to its intersection with the centerline of Longfellow Avenue, thence South along the centerline of Longfellow Avenue to the south line of Section 10, thence East along the South line of Section 10 to the Southeast corner of said Section, thence South along the East line of Section 15 Township 89 Range 13 to its intersection with the centerline of the Chicago Central Railroad, thence Southeasterly Easterly and Southeasterly following the centerline of the most Northerly leg of the Chicago Central Railroad to its intersection with the centerline of David Street, thence South along the centerline of David Street to the centerline of West Parker Street, thence West along the centerline of West Parker Street to the West line of Section 14 Township 89 Range 13, thence North along the West line of said Section 14 to its intersection with the centerline of Broadway Street, thence Northwesterly following the centerline of Broadway Street to the North line of Section 15 Township 89 Range 13, thence West along the North line of said Section 15 to the centerline of Cedar Bend Street, thence North along the centerline of Cedar Bend Street to its intersection with the South line of Broadway Street, thence Northwesterly along the South line of Broadway Street to a point on the South line of Broadway Street that is 190' (as measured along the South line of Broadway Street) Southeasterly of the North line of the Southwest k of Section 10 Township 89 Range 13, thence Exhibit "B" Page 3 Southwesterly to a point that is 33' East of and 562 . 4' South of the Northwest corner of the Southwest k of said Section 10, thence North along a line that is 33' East of and parallel to the West line of said Section 10 to the North line of the Southwest k of said Section 10, thence West to the West line of said Section 10, thence West along the South line of the Northeast k Section 9 Township 89 Range 13 to the Southwest corner of the Southeast k of the Northeast k of said Section, thence North along the West line of the Southeast k of the Northeast k of said Section to the North line of Broadway Street, thence Southeasterly along the Northerly line of Broadway Street to the East line of Section 9 Township 89 Range 13, thence North along the East line of Section 9 (which is also the centerline of Wagner Road) to the centerline of the Chicago Central Railroad, thence Northwesterly along said railroad centerline to the North line of Section 9, thence East along the North line of Section 9 to the Northeast corner of said Section, thence North along the East line of Section 4 Township 89 Range 13 to a point that is 600' North of the North line of West Airline Highway, thence West to the West line of Wagner Road, thence North along the West line of Wagner Road to the South line of the Northeast k of the Northeast fractional k of Section 4, thence West along the South line of the Northeast k of the Northeast fractional k said Section to the West line of the East 30 acres of said Northeast k of the Northeast fractional k said Section, thence North along the West line of the East 30 acres of the North fractional one-half of the Northeast fractional k of said Section 4 to a point that is 833 feet South of the North line of said Section, thence West along a straight line to a point that is 319' East of and 833' South of the Northwest corner of the Northeast fractional 1/4 of said Section 4, thence Northwesterly to a point on the West line of the Northeast fractional quarter said Section 4 that is 588' South of the North line of said Section 4, thence North to the North line of said Section 4, thence East along the North line of said Section 4 to the Southwest corner of the Southeast k of the Southeast k of Section 33 Township 90 Range 13, thence North along the West line of the Southeast k of the Southeast k to the Southwest corner of the Northeast k of the Southeast k said Section 33, thence West to the Southwest corner of the Northwest k of the Southeast k, thence North along the West line of the Northwest k of the Southeast k to the center of Section 33 Township 90 Range 13, which point is also the Point of Beginning. EXHIBIT "C" Amendment No . 2 Airport Area Development Plan (Full Description including Original & Additions) Beginning at the Southwest corner of the Northwest of the Northwest k of Section 8 Township 89 Range 13, thence North along the West line of said Section to the Southwest corner of Section 5 Township 89 Range 13, thence North along the West line of Section 5 to its intersection with the Northerly line of the Chicago Central Railroad, thence Southeasterly along said railroad line to its intersection with the Easterly line of Leversee Road, thence North along the East line of Leversee Road to the North line of Section 5, thence West along the North line of Section 5 to the Southwest corner of Section 32 Township 90 Range 13, thence North along the West line of said Section 32 to the Northwest corner of said Section, thence East along the North line of said Section to the Northeast corner of said Section, thence South to the 'West k corner of Section 33 Township 90 Range 13, thence East to the Center Point of said Section, thence North along the centerline of said Section to the North line of the South one-half of the Southwest k of the Northeast ' said Section, thence East along the North line of the South one-half of the Southwest k of the Northeast 141 and the South one-half of the Southeast - of the Northeast of said Section to the Northeast corner of the Southwest k of the Southeast 141 of the Northeast k of said Section, thence South along the East line of the Southwest '1 of the Southeast k of the Northeast k to the South line of the Northeast k of said Section, thence East along the North line of the Southeast said Section 33 to the West line of Section 34 Township 90 Range 13, thence East along the North line of the Southwest kl of Section 34 Township 90 Range 13 to the center of said Section 34, thence South along the East line of the Southwest said Section 34 to the North line of Section 3 Township 89 Range 13, thence South to the Northwest corner of the Southwest k of the Southeast said Section 3, thence East along the North line of the Southwest k of the Southeast to the Northeast corner of said Southwest 141 of the Southeast k of said Section, thence South along the East line of the Southwest k of the Southeast k to the South line of said Section 3, thence East along the South line of Section 3 to the Southeast corner of said Section, thence East along the North line of Section 11 Township 89 Range 13 to the point where the East line of Lot 10 Gronberg Addition extended North would intersect the North line of said Section 11, thence South along the extension of the East line of said Lot 10 and the East line of said Lot 10 to the Southeast corner of said Lot 10, thence South along the East line of the South 80 acres of the West 100 acres of the Northwest of said Section 11 to the South line of the Northwest k of said Section, thence West along the South line of the Northwest k said Section 11 to the West line of said Section, said point also being the Northeast corner of the Southeast of Section 10 Township 89 Range 13, thence West along the North line of the Southeast k of Section 10 to the centerline of the Chicago Central Railroad, thence South and Southeasterly following said Railroad centerline to its intersection with the centerline of Midland Street, thence East along the centerline of Midland Street to its intersection with the centerline of Longfellow Avenue, thence South along the centerline of Longfellow Avenue to the south line of Section 10, thence East along the South line of Exhibit "C" Page 2 Section 10 to the Southeast corner of said Section, thence South along the East line of Section 15 Township 89 Range 13 to its intersection with the centerline of the Chicago Central Railroad, thence Southeasterly Easterly and Southeasterly following the centerline of the most Northerly leg of the Chicago Central Railroad to its intersection with the centerline of David Street, thence South along the centerline of David Street to the centerline of West Parker Street, thence West along the centerline of West Parker Street to the West line of Section 14 Township 89 Range 13, thence North along the West line of said Section 14 to its intersection with the centerline of Broadway Street, thence Northwesterly following the centerline of Broadway Street to the North line of Section 15 Township 89 Range 13, thence West along the North line of said Section 15 to the centerline of Cedar Bend Street, thence North along the centerline of Cedar Bend Street to its intersection with the South line of Broadway Street, thence Northwesterly along the South line of Broadway Street to a point on the South line of Broadway Street that is 190' (as measured along the South line of Broadway Street) Southeasterly of the North line of the Southwest '1 of Section 10 Township 89 Range 13, thence Southwesterly to a point that is 33' East of and 562 . 4' South of the Northwest corner of the Southwest 1,1 of said Section 10, thence North along a line that is 33' East of and parallel to the West line of said Section 10 to the North line of the Southwest 1,1 of said Section 10, thence West to the West line of said Section 10, thence West along the South line of the Northeast Section 9 Township . 89 Range 13 to the Southwest corner of the Southeast 141 of the Northeast 141 of said Section, thence North along the West line of the Southeast of the Northeast k of said Section to the North line of Broadway Street, thence Northwesterly along the North line of Broadway Street to the intersection with the East line of Tract B Deward Felcher Industrial Park, thence South to the Southeast corner of said Tract B, thence West to the Southwest corner of Lot 8 said addition, thence Southwesterly across Airport Boulevard right- of-way to a point that is 340 . 5 feet South of and 50 feet East of the Northeast corner of Lot 2 of Deward Felcher Industrial Park, thence West 50 feet to a point on the East line of Lot 3 said addition and on the current North right-of-way line of Broadway Street, thence Westerly along the North right-of-way line of Broadway Street and West Washington Street to its intersection with the South line of the North one-fourth of Section 8 Township 89 Range 13, thence West along the South line of the North one-fourth of said Section 8 to the West line of said Section, said point being the point of beginning. Airport Area Dev Plan-full descr inc orig add.l.doc 02/02/2005