Loading...
HomeMy WebLinkAbout3384-02/25/1985La ORDINANC1 NO. 3384 AN ORDINANCE RE-ESTABLISHING THE DOJNIOUN SELF -SUPPORTED MUNICIPAL Y.T.PROVJMNT DISIRICT PURSUANT TO THE PROVISIONS OF CHAPTER 386 OF THE CODE OF IOWA, 1983, AND PROVIDING FOR THE ESTABLISHMENT OF FUNDS AND THE LEVY OF ANNUAL IMES IN CONNECTION THEREWITH. WHEREAS, the City of eaterloo, in the County of Black Hawk, State of Iowa, is a "City", as defined in Section 362.2 of the Code of Iowa, 1983, as amended, and is authorized by Section 386.3 of the Code of Iowa, 1983, to create a self -supported municipal improvement district, as defined in the Act, in the City, to provide for the existance 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 was filed with the Clerk/Auditor on the 13 day of December, 1984, 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 WHIWAS, the petition was in all, ways in complete compliance with the provisions of the Act; and upon receipt of such petition, the City Council did on the 17 day of December, 1984, 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, Proprawing 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 21 day of January, 1985, at 7:00 o'clock p.m., at City Pall, Council Chambers, in the City, es 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 seventy (70) percent of all owners of Property within the Proposed District or signatures which together represent ownership of property with an assessed value of eight -five (85) 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, mere than thirty (30) days have passed since the holding of the public hearing referred to above and the Council rev mi proceed with the re-establishment of a self -supported municipal improvement district in accordance with the Act; BOOK 260 PAGE 672 Ordinance No. Pe Tto NOW, THEREFORE, BE IT ORDAINED AND F.VACTEID BY ThiE WUNCIL OF TFOF, CITY OF WATERLOO, STATE OF I0%A, AS FOLLOWS: Section 1. That there shall he and there is hereby created in the City a self -supported runicipal imnrovement district, as defined in the Act, the name of which shall he the "Downtown Self -Supported kinicjpa1 Irprovement 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 "imorovements" 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 houndaries: Commencing at the intersection of Franklin Street and Fast Third Street, thence southeasterly along Franklin Street to the Chicago and Great Western Railroad tracks between Fast Sixth and Fast Seventh Streets, thence southwesterly along the Chicago and Creat Testern Pailroad tracks to Jefferson Street; thence northwesterly along Jefferson Street to West Fifth Street; thence sonthwesterIy along West Fifth to Washington Street; thence northwesterly along Washington Street to West Third Street; thence northeasterly alonp 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, developrent 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, 1985, 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-liouidating 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 at a rate not to exceed One Dollar and Fifty Cents (81.50) 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/Auditor 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. BOOK 260 PACE 673 Ordinance No. Pape Threc. Section 7. All ordinances or parts of ordinances in conflict herewith are hereby repealed, insofar as the conflicting portions thereof are concerned. Section 8. The invaiidy 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. Passed and adopted this 25 day of February, 1985. ATTEST: Del Bowers, or CERTIFICATE I, Larry P. Burger, City Clerk/Auditor of the City of Waterloo, Iowa, do hereby certify that attached hereto is a true and complete copy of Ordinance No. 3384, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 25.day of February, 1985. Witness Ny Hand and Seal of Office this 27 day of Februery, 1985. CO -460 PAGE 674 (/1k2.44., INDEXED cps, COMPARED r,(1 PAGED BLACK HAWK COUNTY, IOWA:SS Ftled for record /114A 519f5 M, and recorded in Book c9e5 Page 6 72-, Recorder Deputy IS.00 IV zatatpea CbA)- 4/77A/-: SS I do solemnly swear that the annexed copy of Ordinance No. 3384 notice was published in the Waterloo Black Hawk County, Iowa once aK commencing on the 7th day of courier a daily newspaper printed in Waterloo, thiX collo e1441NEX March March 19_85_ in the issuewof -- 7, 1985 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. Printer's Bill $ 6 s 9 Signed Subscribed and sworn to before me this 7 eh- A.D., 19 F'6 day of a Received of the sum of Notary Public Dollars in full for publication of the above notice.