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HomeMy WebLinkAbout4235-06/23/1997 ORDINANCE NO. 4235 AN ORDINANCE AMENDING THE 1993 CODE OF ORINANCES 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 ARTICLE IV, MAIN STREET WATERLOO (REDEVELOPMENT AUTHORITY) , OF CHAPTER 29, PLANNING AND ZONING GENERALLY, OF THE 1993 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA. BE IT ORDAINED BY THE CITY 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of Chapter 29 , Planning and Zoning Generally, of the 1993 Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that a new Article IV, Main Street Waterloo (Redevelopment Authority) , of Chapter 29, Planning and Zoning Generally, of the 1993 Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu thereof as follows : Section 29-40 . Creation and purpose. It is hereby created a commission to act as agent for the City of Waterloo and for the purpose of development and redevelopment of the central business district in the City of Waterloo which shall be known as Main Street Waterloo (Redevelopment Authority) . Section 29-41 . Commission rules generally. (A) Composition. The Main Street Waterloo (Redevelopment Authority) (this body) shall consist of twenty-five (25) members : The Mayor or an appointed designee, a city staff member appointed by the Mayor, a City Council Member, the City Planner, the Community Development Program Manager, a County . Supervisor, the Chamber of Commerce Director, the Economic Development Director, and the Silos & Smokestacks Director, shall automatically be members by appointment or election to the respective office, or their appointment from that office by the Mayor of the City of Waterloo . The remaining sixteen (16) members shall be appointed by the Mayor from the City at large subject to the approval of the City Council . As much as possible, the 16 members at large should represent the following groups . Five (5) members from the community at large, seven (7) members or representatives from property owners within the established SSMID District, two (2) members from the financial or insurance group, one (1) attorney, and one (1) industrial or service sector representative, so that the purpose of the Main Street Waterloo (Redevelopment Authority) shall be fulfilled. (B) Term of Office. The sixteen (16) members of the Waterloo Redevelopment Authority from the City at large shall serve a term of office of three years, except that the sixteen (16) members, who make up the first board following the establishment of this ordinance as amended, shall serve terms as follows : five (5) members shall serve for a term of one (1) year, expiring on July 1, 1998, six (6) members shall serve for a term of two (2 ) years, expiring on July 1, 1999 and five (5) members shall serve for a term of three (3 ) years, expiring on July 1, 2000 . The length of the original appointment shall be determined by the Mayor. All sOOX 327867 ORDINANCEN0. 4235 PAGE 2 subsequent appointments shall be for a term of three (3 ) years . Vacancies shall be filled in the same manner as original appointments . No member to said board shall serve more than two (2) consecutive terms and shall not be reappointed to a third term unless said member has not served on any board or commission of the City of Waterloo for a minimum of one (1) year before reappointment to any board or commission; except a third term may be approved upon extraordinary circumstances and unavailability of applicants . (C) Filling Vacancies . The vacancy of any board position for any reason whatsoever shall be filled by recommendations from the existing board with the approval of the Mayor and the City Council . (D) Compensation. All members of the Main Street Waterloo (Redevelopment Authority) shall serve without compensation except their actual expenses, which shall be subject to the approval of the council . (E) President . The President of Main Street Waterloo (Redevelopment Authority) shall be elected by the authority members for a term of one calendar year. The President should be one of the sixteen (16) members from the community at large. The authority shall have the power to establish by-laws and rules in conformity with the authority to appoint such other officers as the authority deems necessary, but the President of the authority or any other officer appointed or elected by the authority may be removed at any time by a majority vote of the duly appointed members of the authority. (F) Counsels . The authority shall establish any and all counsels being necessary for the execution of its powers and duties . Section 29-42 . Powers and Duties . (A) The Main Street Waterloo (Redevelopment Authority) 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 as the SSMID, and of any land outside thereof, which in the opinion of the Main Street Waterloo (Redevelopment Authority) 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 the Main Street Waterloo (Redevelopment Authority) who shall have had fifteen (15) days for review and approval . If said proposal is subsequently approved by this body, the normal process for obtaining building construction permits may proceed. If the authority recommends disapproval of any proposal or modification thereof, the developer may appeal to the City Council within 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 of all members of the City Council . (C) All signs and/or street amenities shall be reviewed by this body, its designated staff and/or agency of its designation to insure their capability of the overall BOOK 327PAGc868 ORDINANCE NO. 4235 PAGE 3 design concept of the Central Business District as set forth above . If any person wishes to appeal any decision made by this body or its staff, they may do so as outlined in Paragraph (B) , above. (D) This body 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 of the Central Business District Development or Redevelopment. 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 real estate which shall be determined to effect the District shall be bought or sold without first receiving recommendation of this body. (E) This body would act for the City of Waterloo 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 State of Iowa or any other instrumentality of the United States or the State 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 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 may 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 ordinance for the planning, execution and implementation of plans regarding the downtown area. Section 29-43 . 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 (Redevelopment Authority) . (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 as so appropriated. (C) Grants and Donations . All grants, gifts and donations or payments whatsoever received by such municipality on behalf of the authority for downtown development or redevelopment purposes shall be placed in the Main Street Waterloo Redevelopment fund and may be used by BooK 327 PAGE 869 ... . - ORDINANCE NO. 4235 PAGE 4 this body in the manner and for the purposes designated by this article. (D) Debt Contracting Powers . This body shall have no further power as to contract debts beyond the amount of its income for the following fiscal year. Section 29-44 . Staff and Special Consultants . Subject to the limitations contained in this article as city expenditure of funds, the Main Street Waterloo (Redevelopment Authority) may appoint 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) deployed by it. This body 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. Section 29-45 . Annual Report . The Main Street Waterloo (Redevelopment Authority) 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: June 23 , 1997 PASSED 1ST CONSIDERATION: June 23 , 1997 PASSED 2m CONSIDERATION: June 23 , 1997 PASSED 3RD CONSIDERATION: June 23 , 1997 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa on the 23rd day of June 1997 , and approved by the Mayor Pro Tem on the 25th day of June 1997 . —A--I'c—c_o--‘)d ( ' -- Harold Getty, Mayor Pro Tem ATTEST: 3tis4r Fangman, ' ity 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. 4235, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 23rd day of June 1997 . ,,,,,Yetag L / i 1 Susan Fangman, y Clerk BOOK 327p4_r.E870 Misc INDEX � MARGIN PROOF/v COMPARE 8 /73J BLACK HAWK COUNTY IOWA:SS Filed for record Oct 30, 1997 at 4:00 P. M. and recorded in Book 327 of M' Page 867 Recorder Fee 1-20.00/ City of Waterloo BOOK 327 PAGE 871 • • • - FORM 1 1T. STATE OF IOWA, SS I do solemnly swear that the annexed copy of legal waterloo, City of Black Hawk County, Ordinance 4235 ORDINANCE NO.4235 AN ORDINANCE AMENDING THE 1993 CODE OF ORINANCES OF THE CITY OF WATERLOO,IOWA, BY REPEALING ARTICLE IV, REDEVELOPMENT, PLANNING OFCHAPTER notice was published in the Waterloo-Cedar Falls Courier, a daily newspaper printed in AND ZONING GENERALLY; AND ENACTING IN LIEU THEREOF A NEW STREET WA ERRLOOLE(REDEVEMAILOPMENT' Waterloo, Black Hawk County, Iowa,once commencing on the 3rd AUTHORITY), OF CHAPTER 29, - PLANNING AND ZONING GEN- ERALLY, OF THE 1993 CODE OF ORDINANCES OF THE CITY day of _ November 19 97 in the name of OF WATERLOO,IOWA. BE IT ORDAINED BY THE CITY • COUNCIL OF WATERLOO,IOWA: said CITY OF said newspaper, and that the annexed rate of advertised is the regular legal rate of said That Article IV, Redevelopment g g Authority, of Chapter 29, Planning and Zoning Generally, of the 1993 Code of Ordinances of the City of newspaper,and that the following is a correct bill for publishing said notice. Waterloo, Iowa,is hereby repealed in its entirety;that a new Article IV, Main Street Waterloo(Redevelop- ment Authority), of Chapter 29, Printer's Bill$. 82.00 Planning and Zoning Generally of the 1993 Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu hereof as follows: pSoescttion 29-40. Creation and pur- tt is ct as gentef a commission to act as agent for the City of Waterloo and ter the purpose of development and redevelopment of Signed the central business district in the City of Waterloo which shall be known as Main Street Waterloo (ettivnlopm1. Authority); ` Section 29.41. Commission rules /(j"/ tenerallyy. Subscribed and sworn to before me this A) Composition. The Main day of treet Waterloo(Redevelopment Authority) (this body) shall con- silt of twenty-five (25) members: —22_The Mayor or an appointed A.D., 19 designee, a city staff member appointed by the Mayor, a City Council Member,the City Planner, the Community Development Pro- gram Manager, a Coo Super- / t visor, the Chamber off Commerce Director, the Economic Develop- j ment Director, and the Silos & Smokestacks Director, shall auto- Notary Public matically be members by appoint- ment Notary or election to the respective office,or their appointment from that office by the Mayor of the City of Waterloo. The remaining sixteen (16)members shall be appointed by Received of the Mayor from the City at large subject to the approval of the City Council. As much as possible,the 16 members at large should repre- sent the following groups.Five (5) members from the community at large, seven (7)members or rep- resentatives from property owners the sum of within the established SSMID Dis- trict, two (2) members from the financial or insurance group,one(1) attorney,and one(1)industrial or Dollars in full for publication of the above notice.