HomeMy WebLinkAbout4345-03/15/1999 MISC
INDEX BLACK HAWK COUNTY IOWA:SS
MARGIN Filed for record MAR 24 , 1999 at
PROOFgi" 4:00 P.M. and recorded in Book 333
COMPARE . MIS Page 823
Recorder
Fee 1-15.00/
CITY OF WATERLOO
This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
ORDINANCE NO. 4345
AN ORDINANCE RE-ESTABLISHING THE DOWNTOWN
SELF-SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT
PURSUANT TO THE PROVISIONS OF CHAPTER 386 OF
THE CODE OF IOWA, 1995, AND PROVIDING FOR THE
ESTABLISHMENT OF FUNDS AND THE LEVY OF ANNUAL
TAXES IN CONNECTION THEREWITH, AND REPEALING
ORDINANCE NO. 4222 .
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, 1995, as amended, and is authorized by Section 386. 3
of the Code of Iowa, 1997, 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 9th day of
December, 1998, 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 9th day of December, 1998, 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 8th day of February, 1999, at 7 : 00
o' clock 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
C��' 333 823
Ordinance No. 4345
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 :
Beginning at the intersection of Franklin Street and East
Third Street along Franklin Street to the intersection of the
Chicago and Great Western Railroad, along the railroad across
the river to Jefferson Street, along Jefferson Street to West
Fifth Street, along West Fifth Street to Washington Street,
along Washington Street to West Third Street, along West
Third Street to the point of beginning.
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, 1999, 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.
Ordinance No. 4345
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 8, 1999
PASSED 1ST CONSIDERATION: February 8, 1999
PASSED 2ND CONSIDERATION: February 15, 1999
PASSED 3RD CONSIDERATION: March 15, 1999
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 15th day of March, 1999, and approved by
the Mayor on the 17th day of March, 1999.
�. i(4 .4-1.5
John ' . Roo f, Mayor
ATTEST:
, z7g.,..„t!--
Nancy Eck:Jet, 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. 4345, as passed and adopted by the Council of the
City of Waterloo, Iowa, on the 15th day of March, 1999.
Witness my hand and seal of office this 17th day of March,
1999.
, 2-24e4.2f
.. Nancy Ec/ rt, City Clerk
SEAL-
['LV 3 3ptir-8 5
L
.r
•
i
FORM I I T
I do solemnly swear that the annex
STATE OF IOWA, SS ed copy of legal City of Waterloo
Black Hawk County,
Ordinance 4145
notice was pu11.11'd in the IIiurrlou-('rrlur Falls C'oirrier, a daily newspaper printed in
AN ORDINANCE RE-ESTABLISH- �`fall'r1o(1, Black Ila\1'h ( onnt)',ORDINANCE NO.4345
Iowa, once commencing on the 30th
!NG THE DOWNTOWN SELF-
SUPPORTED MUNICIPAL
SUANTIMPROVEMENT DISTRICT PUR- 1
_TO THE PROVISIONS OF day of Marrh 1 9
99 in the name of
I �Vashin°'^roc nF 'tF'2ODE OF
gtonaStreetf fo rset along said newspaper, and that the annexed rate of at.vertised is the regular legal rate of said
Street,elon Third est Third b'
the point of West T Street to
Section 3
beginning
all p opermnedtit is
that the owne0s ofand det
publishing said notice.
newspaper, and Ilial the following is a corrccl hill for
a present and pot the District have '
the condition Pdeeveiaoi benefitpment from
aliaoftthe
nee of the District and that 61 ] 2
mis r Property within the Printer's Bill
within the"bY virtue of its looationt
Section 4. C'3"Zone of the City.
visions of Sechohat nursuant to the Pro-
is hereby8 of the Act,there
ope• -guionfu tlmpeoVement d'snd erd°� f /7�
k owntas the nDow hich shall. be lir
Ported Municipal Imntow^Self-Sup• t0
trict Operation proved let Cis- 1 Slb'nCd
inatter referred Fund"
Fund" to as the"O here- 4
the iI for which O Peration oy
City may
Certiperation Fund 33
Operation T Y taxes (the
"MencingOPerat withax")each y tib'M
collection in the levy of etaxes ofor Subscribed and sworn to before me this 5jt716 day Of
or t oul the/fiscal
ear J�
Y 1, 1999, y begin• cols �`/�/� C
for two(2)additional yeare�tbegin- J'la
99
purpose of Payin or the olg A.D., 19
h the District as are a thorizedsbs JeaN
the Act,incl uding but
not
limited to
the administrative expenses of the
District apof all of the mainte-
nance expense:
or"self li
offal!
416
as defined
i the R improve =died
two(p ed in the Act,for meets" . _
....1,,V7(•-• .->i ' Ilf
)years. a period of Aki3A
r
Section 5.That the Operation Tax snoop
levied in any one year,as Notary Public
in to Section 4 hereof,shall bora rate
ed autos
ent -five cenIswo dollars and Sev- 'a d 3 8 t
sand five ($2 75
dollars of taxable valuethou- asea
Property within of the ,
Section 6.Fromfive the District. id q Received of
Clerkate of this anis aanceer t the
efface ► •pia38 t'.
shall ordin
ordinance to°Ouse a copy of City
the CourtRecorder
be filed in the office of •-Z£Z.fol
County and Wa ee oolce8of thHawkity ep o CIO I.
Treasurer of
ordinaSectionnce
7,All ordinances or pans of Pualu„'96
ordinance in conflict herewith are the sum of
hereby repealed, do woe .
conflicting portions insofar as the =id '19 6£9Z
earned. thereof are
Section 8.T cone
tion,clause he invalidity of any sec- Dollars
of this ordinancesentence'or provision o�'ow/084$
validity of anyy thshall not affect the ooil Is t "ui
Hance, which ever part of this
without such invalid be given oectdi- INOOIdO38 Z in full for publication of the above notice.
Section 9 T part or effect
ts
in full force anis ordinance shall be sled ON
saga
and effect upon its page 'woapaq Z
the laws INTRO the lState of low ding to WOO8O2O Z
PASSED CED.February 8 1
=ebruarryy8lS 99T c0NSIDERq pN; .Idde lelual sol
-ASSED 2ND CONSIDERATION: LZ 'dap+969$
'ebruary 15 7989
'ASSED 3RD CONSIDERATION:
ONSID r
larch 15 1955 ERATI
4SSED AND ON:
tY Council f e C' TED by the
,ye and on approved
15th day oof MWatarch, _
the 17th day of March,the Mayor
IESTRooff,Mayor 1999.
cY Eckert,City CLerk