HomeMy WebLinkAbout4222-02/17/1997 ORDINANCE NO. 4222
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. 4079.
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, 1995, 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 29th day of
January, 1997, 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, 1996, 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 3rd day of February, 1997 , 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
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
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Ordinance No. 4222
Page 2
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, 1997, 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.
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. nn
EO K 24 PAGE'`))
•
Ordinance No. 4222
Page 3
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 3, 1997
PASSED 1ST CONSIDERATION: February 3 , 1997
PASSED 2ND CONSIDERATION: February 10, 1997
PASSED 3RD CONSIDERATION: February 17, 1997
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 10th day of March, 1997, and approved by the
Mayor on the 12th day of March, 1997 .
Jo R. ooff, Mayo/1
ATTEST:
.,/,/(r6u,(11,,
Susan Fangman, CI. , Clerk
CERTIFICATE
I , Susan Fangman, City Clerk of the City of Waterloo, Iowa, do
hereby certify that the preceding is a true and complete copy of
Ordinance No. 4222, as passed and adopted by the Council of the
City of Waterloo, Iowa, on the 10th day of March, 1997 .
Witness my hand and seal of office this 12th day of March,
1997.
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._ i Susan Fangman, Cit Clerk
SEAL,
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COMA ., 16996
VAC(HAWK COUNTY IOWA:SS
Filed for record M 19�? at
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Recorder
WATERLOO-CLERK/AUDITOR
BOOK 324 PAGE 436
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