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HomeMy WebLinkAbout4428-07/24/2000 BLACK HAWK COUNTY IOWA, SS: (")8822 Filed for record OCT 25 , 2000 at MISC 4:00 P.M. and recorded in Book 340 IN D E of MISC iaeo at Page 706 . MARGIN �• PROOF Recorder COMA O FEE 1-20.00/ CITY OF WATERLOO This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4428 AN ORDINANCE AMENDING THE 1993 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA BY REPEALING ARTICLE IV, REDEVELOPMENT AUTHORITY, OF CHAPTER 29, PLANNING AND ZONING GENERALLY; AND ENACTING IN LIEU THEREOF A NEW DIVISION 6, MAIN STREET WATERLOO REDEVELOPMENT AUTHORITY, OF ARTICLE VII , BOARDS AND COMMISSIONS, OF CHAPTER 2, ADMINISTRATION. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that Article IV, Redevelopment Authority, of Chapter 29, Planning and Zoning Generally, of the 1993 Code of Ordinances of the City of Waterloo, be and the same is hereby repealed in its entirety; that a new Division 6, Main Street Waterloo Redevelopment Authority, of Article VII , Boards and Commissions, of Chapter 2 , Administration, is hereby enacted in lieu thereof as follows : DIVISION 6 MAIN STREET WATERLOO REDEVELOPMENT AUTHORITY 2-195 . 9 Creation and Purpose : There is hereby created a commission, hereinafter known as Main Street Waterloo Redevelopment Authority (hereinafter Main Street Waterloo) to act as agent for the city for the purpose of development and redevelopment of the central business district in the city. 2-195 . 10 Commission Rules Generally: (a) Composition: Main Street Waterloo shall consist of the board of directors of the Cedar Skyline Corporation, Inc . , an Iowa non-profit corporation, organized to operate for the improvement of the traditional downtown business area in the city, within the meaning of 501 (c) (6) of the Internal Revenue Code . The commission shall not be reduced from the current twenty-one (21) members of the Cedar Skyline Board of Directors, nor shall the makeup of the members of the commission vary from that set forth in the bylaws now in existence for Cedar Skyline Corporation (a copy of which is attached hereto and incorporated herein by reference) without amendment of this ordinance . (b) Term of Office : The term of office of the commission members shall be as defined for the board of directors in the attached Cedar Skyline Corporation bylaws . (c) Filling Vacancies : The vacancy of any commission position, occurring for any reason whatsoever, shall be filled in the same manner as a vacant board position is filled in accordance with the attached bylaws of Cedar Skyline Corporation. 800X0340 PAGE 706 Ordinance No. 4428 Page 2 (d) Compensation: All members of the Main Street Waterloo shall serve without compensation, except their actual expenses, which shall be subject to the approval of the Cedar Skyline Corporation board of directors . (e) Officers : Offices of the commission shall be filled in the same capacity by those officers elected by the board of directors for Cedar Skyline Corporation. (f) Councils : Main Street Waterloo shall establish any and all councils necessary for the execution of its powers and duties . 2-195 . 11 Powers and Duties : (a) Main Street Waterloo shall have full power and authority to make or cause to be made such surveys, studies, maps, plans, or charts of the whole or portions of the central business district, as defined by the SSMID, and of any land outside thereof, which in the opinion of Main Street Waterloo bears relation to the development or redevelopment of the district, and shall submit these studies to the council . This body may publish its studies and recommendations . (b) No proposal for the development, redevelopment or modification of the central business district, as defined as the SSMID district, or a portion thereof shall be made without such proposal or change being first referred to Main Street Waterloo, who shall have had fifteen (15) days for review and approval . Failure to respond in writing within fifteen days shall be deemed approval . If said proposal is subsequently approved by this body, the normal process for obtaining building construction permits may proceed. If the board recommends disapproval of any proposal or modification thereof, the developer may appeal to the City Council within fifteen (15) days of said disapproval ; however, the City Council may override the recommendation of this body and approve the proposed development by at least two-thirds (2/3) of all its members . (c) All signs and/or street amenities shall be reviewed by this body, its designated staff and/or agency of its designation to ensure their capability of the overall design concept of the central business district as set forth above . Anyone who wishes to appeal any decision made by this body or its staff may do so as outlined in subsection (b) of this section. (d) Main Street Waterloo shall have the power to acquire real estate within the central business district, as defined as the SSMID lease or purchase, as may be deemed necessary for development or redevelopment of the central business district . This body shall have the authority to sell , exchange, or lease any real estate acquired by the body, subject to the approval of the City Council . No B00K 0340 PAGE 707 Ordinance No. 4428 Page 3 real estate which shall be determined to affect the district shall be bought or sold without first receiving recommendation of Main Street Waterloo. (e) Main Street Waterloo would act for the city in representing the central business district, defined as the established SSMID district, by performing the following functions : (1) Make recommendations to the Mayor and City Council regarding exercise of the use of eminent domain, for the acquisition of real or personal property and for the purpose of a development or redevelopment project; (2) Make recommendations to the City Council with regard to the application for an acceptance of capital grants and loans from the United States and the State of Iowa or any other instrumentality of the United States or the State of Iowa for the central business district, as defined as the SSMID district, development and redevelopment to assist the City Council in making application for said capital grants and loans; (3) Make recommendations to the City Council with regard to the borrowing of funds as may be deemed necessary for the purpose of the central business district, as defined as SSMID district, development and redevelopment and in this connection make recommendations regarding the issuance of such obligation or recitative bonds as many be deemed necessary, subject to the applicable statute of limitations; (4) Make recommendations to the City Council and Mayor with regard to the procedures, policies, and/or ordinances for the planning, execution and implementation of plans regarding the downtown area. 2-195 . 12 Financing: (a) Appropriation of Funds : The council may annually appropriate a sum of money from the general funds for the payment of the expense of Main Street Waterloo. (b) Expenditure of Funds : This body shall have full, complete and exclusive authority to expend for and on behalf of this municipality all sums of money so appropriated. (c) Grants and Donations : All grants, gifts and donations or payments whatsoever received by such municipality on behalf of Main Street Waterloo for downtown development or redevelopment purposes shall be placed in the Main Street Waterloo fund and may be used by Main Street Waterloo in the manner and for the purposes designated by the Cedar Skyline Corporation bylaws . B 03 OOK40 PAGE 108 Ordinance No. 4428 Page 4 (d) Debt Contracting Powers : This body shall have no power to contract debt beyond the amount of its projected income for the following fiscal year. 2-195 . 13 Staff and Special Consultants : Subject to the limitations contained in this article as city expenditure of funds, Main Street Waterloo may hire such staff that it may deem necessary and prescribe and define their respective duties and fix and regulate the compensation to be paid to the person (s) employed by it . Waterloo Main Street may contract with professional consultants or county, regional, state and federal governments for planning assistance and may agree with each or all of them to the amount, if any, to be paid for such assistance. 2-195 . 14 Annual Report : Main Street Waterloo each year shall make a report to the Mayor and Council of its proceedings and the progress of its work for the preceding fiscal year. INTRODUCED: July 24 , 2000 PASSED 1ST CONSIDERATION: July 24 , 2000 PASSED 2ND CONSIDERATION: July 24, 2000 PASSED 3RD CONSIDERATION: July 24, 2000 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 24th day of July, 2000, and approved by the Mayor on the 26th day of July, 2000 . 4116,10/ 7 John R. '.off, Mayor , ATTEST: 0-42A-4- Nancy Eck6t, 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. 4428, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 24th day of July, 2000 . Witness my hand and seal of office this 26th day of July, 2000 . E.4„4 Nancy E ert, City Clerk SEAL .- BOOK 0340 PAGE 709