Loading...
HomeMy WebLinkAbout4460-02/26/2001 BLACK HAWK COUNTY IOWA:SS 024069 MISC Filed for record APR 4 , 2001 at INDEX 11 4:00 P.M. and recorded in Book 342 MARGIN opp MISC at Page 268 PROOF�., ✓ COMPARE ' RECORDER FEE 1-15.00/ . CITY OF WATERLOO ATTN: NANCY ECKERT This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4460 AN ORDINANCE RE-ESTABLISHING THE DOWNTOWN SELF-SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT PURSUANT TO THE PROVISIONS OF CHAPTER 386 OF THE CODE OF IOWA, 1999, AND PROVIDING FOR THE ESTABLISHMENT OF FUNDS AND THE LEVY OF ANNUAL TAXES IN CONNECTION THEREWITH, AND REPEALING ORDINANCE NO. 4345 . WHEREAS, the City of Waterloo, in the County of Black Hawk, State of Iowa, is a "City" , as defined in Section 362 .2 of the Code of Iowa, 1999, as amended, and is authorized by Section 386 . 3 of the Code of Iowa, 1999, to create a self-supported municipal improvement district, as defined in the Act, in the City, to provide for the existence and operation of such district, to provide for improvements of self-liquidating improvements, as defined in the Act, for such district, to authorize and issue bonds for the purposes of such district and to levy such taxes as are authorized by the Act with respect to such district; and WHEREAS, there is filed with the City Clerk on the 21st day of December, 2000, a petition petitioning the City Council to re- establish a self-supported municipal improvement district (the "Proposed District" ) in accordance with the Act, to re-establish a self-supported municipal improvement district operation fund with respect to the Proposed District and in accordance with the Act and to levy an annual tax for each of such fund in accordance with the Act; and WHEREAS, the petition was in all ways in complete compliance with the provisions of the Act; and WHEREAS, upon receipt of such petition, the City Council did on the 21st day of December, 2000, refer such petition to the City Planning, Programming and Zoning Commission in accordance with the Act with instructions to such commission to prepare an evaluative report of the Council on the merits and feasibility of the project proposed in the petition; and WHEREAS, the City Planning, Programming and Zoning Commission has filed with the City Council such evaluative report on the merits and feasibility of the project proposed in the petition, all in accordance with the Act; and WHEREAS, subsequent to the filing of the aforementioned report, the Council did set the 5th day of February, 2001, at 5 :30 p.m. , at City Hall Council Chambers, in the City, as the time and place for a meeting at which it proposed to take action for the re-establishment of the Proposed District and did in accordance with the Act publish notice of such meeting as provided in Section 362 . 3 of the Code of Iowa, and the clerk did mail written notice of such meeting to each owner of property within the Proposed District, which notice was mailed to such property owners by certified mail not less than fifteen (15) days before such meeting; and WHEREAS, at the aforementioned time and place, the Council did meet and hear all owners of property in the Proposed District or residents of the City desiring to express their views with respect to the re-establishment of the Proposed District; and 0342 PAGE 268 Ordinance No. 4460 Page 2 WHEREAS, no petition has been filed with the City Clerk containing the signature of at least forty (40) percent of all owners of property within the Proposed District or signatures which together represent ownership of property with an assessed value of forty (40) percent or more of the assessed value of all property within the Proposed District seeking to have the entire matter of re-establishing the district withdrawn from Council consideration; and WHEREAS, more than thirty (30) days have passed since the holding of the public hearing referred to above and the Council may now proceed with the re-establishment of a self-supported municipal improvement district in accordance with the Act; NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE . COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA, AS FOLLOWS : Section 1 . That there shall be and there is hereby created in the City a self-supported municipal improvement district, as defined in the Act, the name of which shall be the "Downtown Self- Supported Municipal Improvement District" (sometimes hereinafter referred to as the "District" ) , the purposes of which District are the undertaking of actions and the design and construction of any and all "improvements" and "self-liquidating improvements" , as defined in the Act and the performance of administration, redevelopment and revitalization of the District, as authorized by the Act . Section 2 . That the District shall include all property within the following described boundaries : Franklin Street from East 3rd Street to the Union Pacific Railroad across the river to Jefferson Street, along Jefferson Street to West Stn Street to Washington Street, along Washington Street to West 3rd Street, along West 3rd Street, to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa . Section 3 . That it is hereby found and determined that the owners of all property within the District have a present and potential benefit from the condition, development and maintenance of the District and that all of the property within the District is related by virtue of its location within the "C-3" Zone of the City. Section 4 . That pursuant to the provisions of Section 8 of the Act, there is hereby established and created a self-supported improvement district operation fund, which shall be known as the "Downtown Self-Supported Municipal Improvement District Operation Fund" (and is hereinafter referred to as the "Operation Fund") , for which Operation Fund the City may certify taxes (the "Operation Tax" ) each year commencing with the levy of taxes for collection in the fiscal year beginning July 1, 2001, and continuing for two (2) additional years, for the purpose of paying such expenses of the District as are authorized by the Act, including but not limited to the administrative expenses of the District and part of all of the maintenance expenses of "improvements" or "self-liquidating improvements" , as defined in the Act, for a period of two (2) years . Section 5 . That the Operation Tax levied in any one year, as provided in Section 4 hereof, shall be a rate not to exceed Two Dollars and Seventy-five Cents ($2 . 75) per thousand dollars of taxable value of the property within the District . 0342 PAGE 269 Ordinance No. 4460 Page 3 Section 6 . From and after the effective date of this ordinance, the City Clerk shall cause a copy of this ordinance to be filed in the office of the County Recorder of Black Hawk County and in the office of the City Treasurer of Waterloo. Section 7 . All ordinances or parts of ordinance in conflict herewith are hereby repealed, insofar as the conflicting portions thereof are concerned. Section 8 . The invalidity of any section, clause, sentence, or provision of this ordinance shall not affect the validity of any other part of this ordinance, which can be given effect without such invalid part or parts . Section 9 . This ordinance shall be in full force and effect upon its passage and publication according to the laws of the State of Iowa. INTRODUCED: February 5, 2001 PASSED 1st CONSIDERATION: February 12 , 2001 PASSED 2nd CONSIDERATION: February 19, 2001 PASSED 3rd CONSIDERATION: February 26, 2001 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 12th day of March, 2001, and approved by the Mayor on the 14th day of March, 2001 . .446 Jo R. Rio f, Mayor ATTEST: eded- Nancy Eck , 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. 4460, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 12th day of March, 2001 . Witness my hand and seal of office this 14th day of March, 2001 ,,, > re-12-a Nancy Ec t, City Clerk SEAL 0342 PAGE 270