HomeMy WebLinkAbout4079-03/13/1995STATE OF IOWA, Ido solemnly swear that the annexed copy of legal City of Waterloo
SS
Black Hawk County,
ORDINANCE No. 4079
AN ORDINANCE RE-ESTABLISH-
ING THE DOWNTOWN SELF -
SUPPORTED MUNICIPAL
IMPROVEMENT DISTRICT PUR-
SUANT TO THE PROVISIONS OF
CHAPTER 386 OF THE CODE OF
IOWA, 1993, AND PROVIDING
FOR THE ESTABLISHMENT OF
FUNDS AND 'THE LEVY OF
ANNUAL TAXES IN CONNECTION
THEREWITH, AND REPEALING
ORDINANCE NO. 3929.
WHEREAS, the City of Waterloo, in
the .County of Black Hawk, State of
Iowa, is a "City", a's defined -in
Section 362.2 of the Code of Iowa,
1993, as amended, and is autho-
rized by Section 386.3 of the Code
of Iowa, 1993, to create a self -sup-
ported municipal improvement dis-
trict, as defined in the Act, in the
City, to provide for the existence
and operation of such district, to
provide for improvements of self-liq-
uidating improvements, as defined
in the Act, for such district, to autho-
rize and issue bonds for the purpos-
es 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 11th day of
January, 1995, a petition petitioning
the City Council to re-establish a
self -supported municipal improve-
ment 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 accor-
dance 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
17th day of January, 1995, refer
such petition to the City Planning,
Programming and Zoning
Commission in accordance with the
Act with instructions to such com-
mission to prepare an evaluative
report of the Council on the merits
and feasibility of the project pro-
posed 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 pro-
ject 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 6th day of
February, 1995, 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 meet-
ing 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 g'roperty 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 proper-
ty in the Proposed District or resi-
dents of the City desiring to express
their views with respect to the re-
establishment of the Proposed
l 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 sig-
natures which together represent
Ordinance #4079
notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in
Waterloo, Black Hawk County, Iowa, once commencing on the
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 considera-
tion; 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 improve-
ment district, ss 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 con-
struction of any and all "improve-
ments" and "self-liquidating
improvements", as defined in the
Act and the performance of admin-
istration, redevelopment and revital-
ization of the District, as authorized
by the Act.
Section 2. That the District shall
include all property within the fol-
lowing 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 pro-
visions
rovisions 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, 1995, and contin-
uing for two (2) additional years, for
the purpose of paying such expens-
es 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 "improve-
ments" or "self-liquidating improve-
ments", 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 Sectio,,, 4 hereof, shall be a rate
not to exceed One unllar and
Seventy-five Cents ($1.75) per
thousand dollars of taxable value of
the property within the District.
Section 6. From and after the effec-
tive date of this ordinance, the City
Clerk shall cause a copy of this I
ordinance to be filed in the office of
the County Recorder of Black Hawk
County and in the office of the City
Treasurer of Waterloo. correct bill for publishing said notice.
Section 7. All ordinances or parts of
ordinance in conflict herewith are
hereby repealed, insofar as the 65.24
conflicting portions thereof are con-
cerned.
Section 8. The invalidity of any sec-
tion, clause, sentence, or provision
of this ordinance shall not affect the
validity of any other part of this ordi-
nance, which can be given effect
without such invalid part or parts.
Section 9. This ordinance shall be i.. C (
in full force and effect upon its pas
sage and publication according to
the laws of the State of Iowa.
INTRODUCED: February 6, 1995
PASSED 1ST CONSIDERATION:
February 6, 1995
PASSED 2ND CONSIDERATION:
February 13, 1995
PASSED 3RD CONSIDERATION:
21st
19 95
in the name of
rate of advertised is the regular legal rate of said
March 13, 199$
PASSED AND ADOPTED by the
City Council of the City of Waterloo,
Iowa, on the 13th day of March,
1995, and approved by the Mayor
on the 15th day of March, 1995
John R. Rooff, Mayor
ATTEST:
Susan Fangman, City Clerk
nn to before me this
17
Received of
AD.,19Q.G
0 Awt,a)
Signed
day of
Notary Public
the sum of
in full for publication of the above notice.
Dollars
ORDINANCE NO. 4079
AN ORDINANCE RE --ESTABLISHING THE DOWNTOWN
SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT
PURSUANT TO THE PROVISIONS OF CHAPTER 386 OF
THE CODE OF IOWA, 1993, AND PROVIDING FOR THE
ESTABLISHMENT OF FUNDS AND THE LEVY OF ANNUAL
TAXES IN CONNECTION THEREWITH, AND REPEALING
ORDINANCE NO. 3929.
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, 1993, as amended, and is authorized by Section 386.3 of
the Code of Iowa, 1993, 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 authorized by the Act with respect to such district; ands as are
WHEREAS, there is filed with the City Clerk on the 11th day of
January, 1995, 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
on
t
f
WHEREAS,
ro�heton'the City Council did the thdayof 7anuay,1995rfersuch petition to the CityPlanning, 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 6th day of February, 1995, 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
Ordinance No. 4079
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, 1995, 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 One
Dollar and Seventy-five Cents ($1.75) 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.
Ordinance No. 4079
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:
PASSED 1ST CONSIDERATION:
PASSED 2ND CONSIDERATION:
PASSED 3RD CONSIDERATION:
February 6, 1995
February 6, 1995
February 13, 1995
March 13, 1995
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 13th day of March, 1995, and approved by the
Mayor on the 15th day of March, 1995.
ATTEST:
/4.-•---/Z12A-ft
John !../),Rooff, Ma yor
Susan Fangma'n, Cs y 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. 4079, as passed and adopted by the Council of the
City of Waterloo, Iowa, on the 13th day of March, 1995.
Witness my hand and seal of office this 15th day of March,
1995.
Susan Fangmari, Ci Clerk
SEAL
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