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HomeMy WebLinkAbout4606-04/07/2003 INDE BLACK HAWK COUNTY,IOWA:ss FEE BOOK# 2003 35475 PROOF FILED FOR RECORD MAY 27 , 2003 .AT 4:00P. M. FEE 1-20.00./ COMPARED L • BLACK HAWK COUNTY RECORDER CITY OF WATERLOO ATTN: NANCY ECKERT C ; fr k4 � r ORDINANCE NO.4 6 0 6 AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE CATTLE CONGRESS URBAN RENEWAL AND REDEVELOPMENT PROJECT AREA, IN 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 SAID URBAN RENEWAL REDEVELOPMENT PROJECT. WHEREAS, the City Council of the City of Waterloo, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. 2003—22 Epassed and approved on the 7tn day of April, 2003, adopted an Urban Renewal Plan (the "Urban Renewal Plan") for an urban renewal area known as the Cattle Congress Urban Renewal and Redevelopment Project Area (the "Urban Renewal Project Area"), which Urban Renewal Project Area includes the lots and parcels'located within the area legally described as follows: Beginning at the intersection of the Centerline of West Washington Street, (also known as U.S. Highway 218), and the Centerline of the platted right-of-way of Forrester • Avenue, thence Northerly along the Centerline of Forrester Avenue to its intersection with the South line of Section 16 township 89 Range 13, thence Easterly along the south line of said Section to the West line of the Southeast '/4 of the Southeast '/4 of said Section 16, thence North along said West line to the South Bank of the Cedar River, thence Southeasterly along said bank of the Cedar River to the Centerline of West Conger Street, thence southwesterly along the Centerline of West Conger Street to the Centerline of -1- Relocated Ansborough Avenue, thence Westerly along the Centerline of Ansborough Avenue to the West line of Courier Street, thence South along the West line of Courier Street, and an extension thereof, to the Centerline of the Canadian National/Illinois Central Railroad spur line thence Southwesterly along the Centerline of said Railroad to the Centerline of West Washington Street, thence Northwesterly along the Centerline of West Washington Street to the point of beginning. WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of Waterloo, Iowa in the future to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan; and WHEREAS, the City Council of the City of Waterloo, Iowa desires to provide for the division of revenue from taxation in the Urban Renewal Project Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That the taxes levied on the taxable property in the Urban Renewal Project Area legally described in the preamble 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 2. 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 upon the total sum of the assessed value of the taxable property in the Urban Renewal Project Area, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City of Waterloo certifies to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the division of property tax revenue described herein, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. Section 3. That portion of the taxes each year in excess of the base period taxes determined as provided in Section 2 of this Ordinance shall be allocated to and when -2- • collected be paid into a special tax increment fund of the City of Waterloo, Iowa hereby established, to pay the principal of and interest on loans, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Waterloo, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Project Area pursuant to the Urban Renewal Plan, except that taxes for the regular and voter-approved physical plant and equipment levy of a school district imposed pursuant to Section 298.2, but only to the extent authorized in Section 403.19(2), and taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Urban Renewal Project Area without any limitation as hereinabove provided. Section 4. Unless or until the total assessed valuation of the taxable property in the Urban Renewal Project Area exceeds the total assessed value of the taxable property in the Urban Renewal Project Area as shown by the assessment roll referred to in Section 2 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Urban Renewal Project Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. Section 5. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Waterloo, Iowa referred to in Section 3 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Urban Renewal Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 6. 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 fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the Urban Renewal Project 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 Urban Renewal Project Area and the territory contained therein. -3- Section 7. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Mayor Joh R. Rooff ATTEST: City Clerk ncy Eckert Read First Time: April 7 , 2003 Vote for passage: Ayes : 7 Read Second Time: April 7 , 2003 Vote for passage: Ayes : 7 Read Third Time: April 7 , 2003 Vote for passage: Ayes : 7 PASSED AND APPROVED: April 7 , 2003. I, Nancy Eckert , City Clerk of the City of Waterloo, Iowa, hereby certify that the above and foregoing is a true copy of Ordinance No. 4606 passed and approved by the City Council of said City at a meeting held April 7 , 2003, signed by the Mayor on April 9 2003, and published in the "Waterloo Courier" on Vh.a y i , 2003. City Clerk, erloo, Iowa SAL Nancy Eckert aeb[ q} DLII-13-63498\\11310 066 -4- RECOREFR Prepared by: William J.Noth Ahlers&Cooney,P.C., 100 Court Avenue, Suite 600, Des Moines,IA 50309-2231 Telephone: (515)243-7611 CIUR2.TXT 5/91 CERTIFICATION TO COUNTY RECORDER We hereby certify that attached hereto is a true and correct copy of the Cattle Congress Urban Renewal Plan, and the Resolution adopting same for the Cattle Congress Urban Renewal Plan Area, of the City of Waterloo, Iowa, the original of which is on file in the records of the undersigned City Clerk. 41, Date. this 21 day of Y \ay , 2003. i "IA/AILA/AlliA —YI,t,a,,,, Tc12 - M.y.i a 41F: • ty of Water'[ a Clerk of the y of Waterloo, Iowa (CITLJoh _ ' . Roof f gP Nancy Eckert S-E`A L) STATE OF IOWA ) ) SS: COUNTY OF BLACK HAWK ) ACKNOWLEDGMENT On this 0/7T/4 day of Ma(4 , 2003, before me, 6/1A L• 0/1'5 , a Notary Public in and for the State of Iowa, personally appeared anti n 12 . r2.00 F and /J 1 r e F,I(e(t , to me personally known, and, who, being by me duly sworn,`did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the official seal of the City, and that the instrument was signed and sealed on behalf of the City, by authority of its City Council, as contained in Ordinance No. '/'0. passed (the Resolution adopted) by the City Council under Roll Call No. !I$o 3 I of the City Council on the 7+1' day of ,4p r ; i , 2003, and that ,Tbk pi 12. 1206 and 1\16.n exi eat rt acknowledged the execution of the instrument to be their vbluntary act and deed and.•tiie_ . , . voluntary act and deed of the City, by it voluntarily executed. •• "" ••.ilk 4 . P.Ii;, _ ,.., : ,. ..„. _, ,,, 111 ,: . , Notary Public in and for said County and State r: , ti,.; ; • COUNTY RECORDER'S CERTIFICATE I, Patricia S. Sass , County Recorder of Black Hawk County, Iowa, hereby certify that on the 27th day of May , 2003, there was filed in my office a true and correct copy of the Cattle Congress Urban Renewal Plan of the City of Waterloo, Iowa, approved by the City Council on the 7th day of April, 2003, all duly certified upon the form attached above, for recording and the same is recorded tff )rook atPage of the records in my office. as Document #2003035475 ydw i4gmefp County Recorder of Black Hawk County, Io a (COUNTY SEAL) DLILL40\363500\\1 1310.066 -2- Prepared by: William J.Noth Ahlers&Cooney,P.C., 100 Court Avenue, Suite 600, Des Moines,IA 50309-2231 Telephone: (515)243-7611 CIUR2.TXT 5/91 CERTIFICATION TO COUNTY RECORDER We hereby certify that attached hereto is a true and correct copy of the Cattle Congress Urban Renewal Plan, and the Resolution adopting same for the Cattle Congress Urban Renewal Plan Area, of the City of Waterloo, Iowa, the original of which is on file in the records of the undersigned City Clerk. Dated th• I-t day of Pia , 2003. 4tLldL;Al — Mayo of the C. of aterloo, , Clerk of the ity of Waterloo, Iowa John ' . .Rooff Nancy Eckert (CITY SEAL) STATE OF IOWA ) ) SS: COUNTY OF BLACK HAWK ) ACKNOWLEDGMENT On this 7 day of 'D1 , 2003, before me, t� a Nota Public in and for the State of Iowa, personally ,n . P Y appeared `Jp{�n and G�-t1 ��r� , to me personally known, and, who, being by me duly sworn, Chid say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the official seal of the City, and that the instrument was signed and sealed on behalf of the City, by authority of its City Council, as contained in Ordinance No. 4/1,0(p passed(the Resolution adopted)by the City Council under Roll Call No. 1/$ o 3 / of the City Council on the 7 +h day of Apr % ( 2003, and that doh n leco- and )71(t PIEckc r1, acknowledged the execution of the instrument to be their vdluntary act and deed and the voluntary act and deed of the City, by it voluntarily executed. Notary Public in and for said County and State :- " 8p�1'ti• o O 4Q CJ V p \ ',` 7jllf fflt ltl�"`` COUNTY RECORDER'S CERTIFICATE I, Patricia S. Sass , County Recorder of Black Hawk County, Iowa, hereby certify that on the 27th day of May , 2003, there was filed in my office a true and correct copy of the Cattle Congress Urban Renewal Plan of the City of Waterloo, Iowa, approved by the City Council on the 7`" day of April, 2003, all duly certified upon the form attached above, for recording and the same is recorded iw took atPage of the records in my office. as Document #2003035475 ' ,e/J2e4Weeividfii- OPied-L County Recorder of Black Hawk County, Iowa (COUNTY SEAL) DLILLEB0\363 500\\11310.066 -2-