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HomeMy WebLinkAbout4493-07/02/2001 BLACK HAWK COUNTY IOWA:SS 010169 MISC Filed for record OCT 16 , 2001 at INDEX i 4:00 p.M. and recorded in Book 344 MARGIN of MISC Page 426 PROD ( COMPAR6 (Zeii,;))1 Recorder Fee 1-35.00/ CITY OF WATERLOO This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4493 AN ORDINANCE AMENDING THE BOUNDARIES OF AN URBAN REVITALIZATION AREA IN THE CITY OF WATERLOO. WHEREAS, the 68th General Assembly of the State of Iowa did adopt the Urban Revitalization Act known as Chapter 404 of the Iowa Code which relates to property tax exemptions for property on which improvements have been made in a revitalization area of the city and authorizing cities to issue revenue bonds for revitalization and urban renewal areas; and WHEREAS, it is desirable and in the interest of the public, health, safety, and welfare of the residents of the City of Waterloo that the City of Waterloo (herein called the "City" ) undertake and carry out an Urban Revitalization Program (herein called the "Program" ) in the Consolidated Urban Revitalization Area of the City encompassing a tract of land situated in the City of Waterloo, County of Black Hawk, State of Iowa. WHEREAS, the City Council of the City of Waterloo, Iowa, has heretofore, in Ordinance No. 4422 , provided for the boundaries within the Consolidated Urban Revitalization Area, pursuant to Chapter 404 of the Code of Iowa, and WHEREAS, additional territory now has been added to the Consolidated Urban Revitalization Area, and WHEREAS, Ordinance No. 4422 , adopted on June 26, 2000, includes the parcels located within the area legally described as follows : Beginning at a Point in Section 31 Township 89 Range 12 where the South line of Hawthorne Avenue extended Easterly would intersect the Southwesterly line of the Cedar River, thence West along the South line of said extension of Hawthorne Avenue and Hawthorne Avenue to the Easterly line of Kimball Avenue, thence North along the East line of Kimball Avenue to the North line of Reber Avenue, thence West along the North line of Reber Avenue and its extension Westerly to the Northwesterly line of the Sergeant Road Bike Trail (formerly the Chicago & Northwestern Transit Co. ) , thence Northeasterly along the last described line to the Westerly line of Fletcher Avenue, thence North along the West line of Fletcher Avenue to the South line of Black Hawk Road, thence Southwesterly and Westerly along the South line of Black Hawk Road to its intersection with the Centerline of Ansborough Avenue, thence North along the Centerline of Ansborough across Highway 218 , and continuing along the Centerline of relocated Ansborough Avenue to the Centerline of West Conger Street, thence Northeasterly along said Centerline of West Conger Street across the Cedar River NOX 44 NM 4?.6 Ordinance No. 4493 Page 2 Bypass to the Southwesterly line of the main channel of the Cedar River, thence Southeasterly along the Southwesterly line of the Cedar River to the Point of Beginning. Also, Beginning at the Point of Intersection of the Centerline of Conger Street and the Northeasterly line of the main channel of the Cedar River, thence Northerly along said Northeasterly line of the Cedar River to the Point where the Centerline of West Parker Street, if extended Westerly, would intersect said Northeasterly line, thence Easterly along said extension of West Parker Street and the Centerline of West Parker Street to the East line of Leonard Avenue, thence North along the East line of Leonard Avenue, and an extension thereof to the East line of McKay Avenue, thence North along the East line of McKay Avenue, and an extension thereof across Broadway Street and the adjacent tracks to the Centerline of the Chicago Central and Pacific Railroad Line (that runs in front of the railroad yard) , thence Southeasterly and Easterly along said Railroad Centerline to the point where the Centerline of Fairview Avenue extended Southerly would intersect the Centerline of said railroad, thence North along the extension of the Centerline of Fairview Avenue and the Centerline of Fairview to the South line of West Donald Street, thence East along the South line of West Donald Street to the Centerline of U. S . Highway 63 (also known as Logan Avenue) , thence North along the Centerline of Logan Avenue to the Centerline of Ralston Road, thence East along the Centerline of Ralston Road and an extension thereof to its intersection with the West line of Virden Creek, thence Southerly and Southwesterly along the Westerly line of Virden Creek to the Centerline of the tracks of the Chicago Central and Pacific Railroad Line, thence Easterly and Southerly along the Centerline of the Chicago Central and Pacific tracks to a line six hundred and sixty feet (660 ' ) North of and parallel to the South line of Section 13 Township 89 Range 13 , thence East along said line to the East line of said Section, thence continuing Easterly along a line six hundred and sixty feet (660 ' ) North of and parallel with the South line of Section 18 Township 89 Range 12 to the East line of said Section, thence South along the East line of said Section to the Northeast corner of Section 19 Township 89 Range 12 , thence South along the East line of said Section to the Centerline of Independence Avenue, thence East along the Centerline of Independence Avenue to the West line of Skyview Road, thence South along the West line of Skyview Road to the North line of Osage Road, thence West along the North line of Osage Road to the West line of North Evans Road, thence South along the West line of North Evans Road to the West line of the Chicago Central & Pacific Railroad Right- of-Way, said Point also being a point on the City Limit line of the Corporate Limits of Waterloo, Iowa, thence MX 0344 PAGE 427 Ordinance No. 4493 Page 3 Northwesterly and Southerly following the City Limit line to the point where it intersects the Northeasterly line of the Cedar River, thence Northwesterly along the Northeasterly line of the Cedar River to the point of Beginning, all in the City of Waterloo, Black Hawk County, Iowa; and, also All that part of Section 2 Township 89 Range 13 , all in the City of Waterloo, Black Hawk County, Iowa, platted as Aerostat Heights; and also, All that part of Section 11 Township 89 Range 13 , all in the City of Waterloo, Black Hawk County, Iowa, platted as Northgate Addition, WHEREAS, the additional territory now added to the Consolidated Urban Revitalization Area has been reviewed and approved by the City Council on July 23, 2001, and includes the lots and parcels legally described as follows : Beginning at the Southeast corner of Section 11 Township 89 Range 13 , said point also being the intersection of the Centerline of W. Donald Street with U. S . Highway 63 (also known as Logan Avenue) , thence West along the South line of said Section to the Southwest corner of said Section, thence South along the East line of Section 15 Township 89 Range 13 to its intersection with the Centerline of West Parker Street, thence West along the Centerline of W. Parker Street to the Centerline of Cedar Bend Street, thence following the Centerline of Cedar Bend Street, as now established, Northwesterly and Northerly to the Centerline of W. Donald Street, said point also being a point on the South line of Section 10 Township 89 Range 13 , thence West along the South line of said Section to the Southwest corner of said Section, thence North along the West line said Section to the North line of the South one-half of said Section, thence East along said North line of South one -half of Section 10 Township 89 Range 13 to the East line of said Section, thence East along the North line of the South one-half of Section 11 Township 89 Range 13 , to the East line of Section 11 Township 89 Range 13 , which point is the Centerline of U. S . Highway 63 (also known as Logan Avenue) , thence South along the East line of said Section to the Southeast corner of said Section, which point is also the Point of Beginning; all in the City of Waterloo, Black Hawk County, Iowa. WHEREAS, there has been prepared and referred to the City Council for review and approval an Urban Revitalization Area Plan prepared in accordance with Chapter 404 of the Iowa Code; and rv0K0344P4CE4 8 Ordinance No. 4493 Page 4 WHEREAS, the members of the City Council have general knowledge of the conditions prevailing in the revitalization area; and WHEREAS, the City Council has adopted Resolution No. 1998-688 finding that the rehabilitation, conservation, redevelopment, or a combination thereof of the area is necessary in the interest of the public health, safety, or welfare of the residents of the city and the revitalization area meets the criteria of Section Two (2) of Chapter 404 of the Iowa Code; and WHEREAS, the City has filed a copy of the proposed plan for the designated revitalization area with the City Development Board by the fourteenth day before the scheduled public hearing; and WHEREAS, THE City has scheduled a public hearing and notified all owners of record of real property located within the proposed area, the tenants living within the proposed area and the City Development Board in accordance with Section Four Hundred Four Point Two (404 .2) of the Code of Iowa. The City has also sent notice by ordinary mail to the last known address of record and also sent notice by ordinary mail to the "occupants" of city addresses located within the proposed area, such notices having been given by the thirteenth day prior to the public hearing in accordance with the provisions of Chapter 404 of Iowa Code; and WHEREAS, the public hearing has been held on the 18th day of June, 2001; and WHEREAS, a second public hearing has not been deemed necessary in accordance with Subsection Six (6) of Section Two (2) of the Urban Revitalization Act . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1 . The Consolidated Urban Revitalization Plan is hereby adopted and a copy of said plan shall remain on file in the office of the City Clerk of the City of Waterloo, Iowa. Section 2 . There is hereby designated as a revitalization area the following described real estate located in Waterloo, Black Hawk County, Iowa: Beginning at a Point in Section 31 Township 89 Range 12 where the South line of Hawthorne Avenue extended Easterly would intersect the Southwesterly line of the Cedar River, thence West along the South line of said extension of Hawthorne Avenue and Hawthorne Avenue to the Easterly line of Kimball Avenue, thence North along the East line of Kimball Avenue to the North line of Reber Avenue, thence West along the North line of Reber Avenue and its extension Westerly to the Northwesterly line of the Sergeant Road Bike Trail (formerly the Chicago & Northwestern Transit Co. ) , thence Northeasterly along the last described line to the Westerly line of Fletcher Avenue, thence North along the West line of Fletcher Avenue to the South line of V41(0344 PAGE 429 Ordinance No. 4493 Page 5 Black Hawk Road, thence Southwesterly and Westerly along the South line of Black Hawk Road to its intersection with the Centerline of Ansborough Avenue, thence North along the Centerline of Ansborough across Highway 218, and continuing along the Centerline of relocated Ansborough Avenue to the Centerline of West Conger Street, thence Northeasterly along said Centerline of West Conger Street across the Cedar River Bypass to the Southwesterly line of the main channel of the Cedar River, thence Southeasterly along the Southwesterly line of the Cedar River to the Point of Beginning. Also, Beginning at the Point of Intersection of the Centerline of Conger Street and the Northeasterly line of the main channel of the Cedar River, thence Northerly along said Northeasterly line of the Cedar River to the Point where the Centerline of West Parker Street, if extended Westerly, would intersect said Northeasterly line, thence Easterly along said extension of West Parker Street and the Centerline of West Parker Street to the East line of Leonard Avenue, thence North along the East line of Leonard Avenue, and an extension thereof to the East line of McKay Avenue, thence North along the East line of McKay Avenue, and an extension thereof across Broadway Street and the adjacent tracks to the Centerline of the Chicago Central and Pacific Railroad Line (that runs in front of the railroad yard) , thence Southeasterly and Easterly along said Railroad Centerline to the point where the Centerline of Fairview Avenue extended Southerly would intersect the Centerline of said railroad, thence North along the extension of the Centerline of Fairview Avenue and the Centerline of Fairview to the South line of West Donald Street, thence East along the South line of West Donald Street to the Centerline of U. S . Highway 63 (also known as Logan Avenue) , thence North along the Centerline of Logan Avenue to the Centerline of Ralston Road, thence East along the Centerline of Ralston Road and an extension thereof to its intersection with the West line of Virden Creek, thence Southerly and Southwesterly along the Westerly line of Virden Creek to the Centerline of the tracks of the Chicago Central and Pacific Railroad Line, thence Easterly and Southerly along the Centerline of the Chicago Central and Pacific tracks to a line six hundred and sixty feet (660 ' ) North of and parallel to the South line of Section 13 Township 89 Range 13 , thence East along said line to the East line of said Section, thence continuing Easterly along a line six hundred and sixty feet (660' ) North of and parallel with the South line of Section 18 Township 89 Range 12 to the East line of said Section, thence South along the East line of said Section to the Northeast corner of Section 19 Township 89 Range 12 , thence South along the East line of said Section to the Centerline of Independence Avenue, thence East along the Centerline of Independence Avenue E00X 0344 PAGE 430 Ordinance No. 4493 Page 6 to the West line of Skyview Road, thence South along the West line of Skyview Road to the North line of Osage Road, thence West along the North line of Osage Road to the West line of North Evans Road, thence South along the West line of North Evans Road to the West line of the Chicago Central & Pacific Railroad Right- of-Way, said Point also being a point on the City Limit line of the Corporate Limits of Waterloo, Iowa, thence Northwesterly and Southerly following the City Limit line to the point where it intersects the Northeasterly line of the Cedar River, thence Northwesterly along the Northeasterly line of the Cedar River to the point of Beginning, all in the City of Waterloo, Black Hawk County, Iowa; and also, All that part of Section 2 Township 89 Range 13 , all in the City of Waterloo, Black Hawk County, Iowa, platted as Aerostat Heights; and also, All that part of Section 11 Township 89 Range 13 , all in the City of Waterloo, Black Hawk County, Iowa, platted as Northgate Addition, and, also Beginning at the Southeast corner of Section 11 Township 89 Range 13 , said point also being the intersection of the Centerline of W. Donald Street with U. S . Highway 63 (also known as Logan Avenue) , thence West along the South line of said Section to the Southwest corner of said Section, thence South along the East line of Section 15 Township 89 Range 13 to its intersection with the Centerline of West Parker Street, thence West along the Centerline of W. Parker Street to the Centerline of Cedar Bend Street, thence following the Centerline of Cedar Bend Street, as now established, Northwesterly and Northerly to the Centerline of W. Donald Street, said point also being a point on the South line of Section 10 Township 89 Range 13 , thence West along the South line of said Section to the Southwest corner of said Section, thence North along the West line said Section to the North line of the South one-half of said Section, thence East along said North line of South one -half of Section 10 Township 89 Range 13 to the East line of said Section, thence East along the North line of the South one-half of Section 11 Township 89 Range 13 , to the East line of Section 11 Township 89 Range 13 , which point is the Centerline of U. S . Highway 63 (also known as Logan Avenue) , thence South along the East line of said Section to the Southeast corner of said Section, which point is also the Point of Beginning; all in the City of Waterloo, Black Hawk County, Iowa. EOOK 344 PAGE 431 Ordinance No. 4493 Page 7 Section 3 . All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4 . It is the intention of the City Council that each section, paragraph, sentence, clause and provision of this ordinance is separable; and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this ordinance, nor any part hereof other than that affected by such decision. INTRODUCED: June 18, 2001 PASSED 1st CONSIDERATION: June 18, 2001 PASSED 211d CONSIDERATION: June 25, 2001 PASSED 3rd CONSIDERATION: July 2 , 2001 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa on the 23rd day of July, 2001, and approved by the Mayor on the 25th day of July, 2001 . John f f, Mayor ATTEST: FLAs-± Nancy Efk-rt, 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. 4493 , as passed and adopted by the Council of the City of Waterloo, Iowa, on the 23rd day of July, 2001 . Witness my hand and seal of office this 25th day of July, 2001 . ti Nancy Ec e t, City Clerk SEAL ccox 0344 PAGE 432