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HomeMy WebLinkAbout3929-03/08/1993ORDINANCE NO. 3929 AN ORDINANCE RE-ESTABLISHING THE DOWNTOWN SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT PURSUANT TO THE PROVISIONS OF CHAPTER 386 OF THE CODE OF IOWA, 1991, AND PROVIDING FOR THE ESTABLISHMENT OF FUNDS AND THE LEVY OF ANNUAL TAXES IN CONNECTION THEREWITH, AND REPEALING ORDINANCE NO. 3773. 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, 1991, as amended, and is authorized by Section 386.3 of the Code of Iowa, 1991, to create a self -supported municipal improvement district, as defined in the Act, in the City, 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 Clerk/Auditor on the 8th day of January, 1993, 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 11th day of January, 1993, 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 1st day of February, 1993, 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 Clerk/Auditor 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 tux 306PAGF101 Ordinance No. 3929 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, 1993, 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 ordinance, the City Clerk/Auditor shall cause a copy ordinance to be filed in the office of the County Recorder Hawk County and in the office of the City Treasurer of Wa 7. All ordinances or parts of ordinance in herewith are hereby repealed, insofar as the conflicting thereof are concerned. of this of this of Black aterloo. conflict portions 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. BOOK 306 PAGE 102 Ordinance No. 3929 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 1, 1993 February 1, 1993 February 8, 1993 February 15, 1993 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 8th day of March, 1993, and approved by the Mayor on the 10th day of March, 1993. ATTEST: Albert C. Mnning, Jr., Mayor rry 1 ger, ''y / erx/Auditor CERTIFICATE I, Larry P. Burger, City Clerk/Auditor of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 3929, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 8th day of March, 1993. 1993. SEAL Witness my hand and seal of office this 10th day of March, ar urger, Ci j Cler /Auditor Misc INDEX MARGI PROOF' COMPARE 21693 BLACK HAWK COUNTY, IOWA:SS '`filed for record Apr 28 19__23_ at 11:30 A N, and recorded In Jac__ Book 306 n c. Page 101 • ,c (214.4e,e-e) et) ` eft Recorder Deputy tee 15.00x _ Waterloo City Clerk Auditor O3 BOOK 306 PAGE 1 4.. . „rs,o the purposes of w the District and Which District are the undertaking of actron9 and the designrove con- struction of any' andif lli "Improve- ments" and as defined in the dating nct ran the , nee of admin- istration, and the eveO ment and revital- ization ,thevebP as authorized revital- ization of the Dlstnd, District shall by the Act. That the Section 2. within the fol- lowing alls needpropboundaries: lowing described Beginning at the intersection of Frnd East Third anklin Streetrnklin Street to he Inter along along and Intersection of the Chicago Great Western Railr ad, riverross the to o railroad Street, along Jeffersonalong Jefferson West Fath Street, Street to West Fifth Street to Washington t StreeWashington Steeto West Third Street, West Third Street to thepint beginning. Section 3. oft is hereby found that the owners of and determined the District, have all 1presentnd potential benefitrom the condition, development maintenance of the Di tr ce and thatt iall of thes related by virtue of its location within the 'C-3" Zone of the ty. the Section 4. That pursuant 8 of the Ace provisions of Section and cre- ated e is hereby improve sena nt a sell-supportedoperation Self - Supported bearrio o'erstlthet'rD°wntown known as rovement SuSttiCt d eratiMunicipallmP" , c,,�+ DlsttiCt Operatln Colo" • hI PASS'bty B. ptIStOE�tION: t FebSSED 9P0cs PTSD by the dry 5 A O tty of $ter to FCKY C Dunot etBDC... y� he 3 Y°r tow 3• aid sit o Mer M y99 t7 810068nn\n9• cWA or uaK Al QST'• get, Cwi cte ��Hp )WA, I SS (linty, Sf-f- AL JR- \ of 'NG OF OF II ),,,in s cf I in Na, de ip- is- te ce to Red o - IS • Tw PTS A i'if V nf. I do solemnly swear that the annexed copy of Ord a - + - • in notice was published in the Waterloo'Cedar Falls Courier, a daily newspaper printed Waterloo, Black Hawk County, Iowa, once 19 9n the issue of dof rn:+ commencing on theme- day March 22, 199.3 ' of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. 65.24 Printer's Bil $ Subscribed and sworn to before me thi Received of the sum of in full for publication of the above notice.