HomeMy WebLinkAbout4956-9 /16/2009 (RECORDED)' � � Illlllllilllllllllllliilllllllllllllllllllllllllllll�llllllillliiillliillllllil
' Doc ID: 004090350009 Type: GEN
Kind: ORDINANCE
Recorded: 03/24/2010 at 11:35:19 AM
Fee Amt: $49.00 Page 1 of 9
Black Hawk County Iowa
JUDITH A MCCARTHY RECORDER
File2010-00017595
This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
ORDINANCE NO. 4956
AN ORDINANCE AMENDING ORDINANCE NO. 4351
PROVIDING THAT GENERAL PROPERTY TAXES LEVIED
AND COLLECTED EACH YEAR ON ALL PROPERTY
LOCATED WITHIN THE SAN MARNAN DEVELOPMENT
PLAN AREA OF THE CITY OF WATERLOO, COUNTY OF
BLACK HAWK, STATE OF IOWA, BY AND FOR THE
BENEFIT OF THE STATE OF IOWA, CITY OF
WATERLOO, COUNTY OF BLACK HAWK, WATERLOO
COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING
DISTRICTS, BE PAID TO A SPECIAL FUND FOR
PAYMENT OF PRINCIPAL AND INTEREST ON LOANS,
MONIES ADVANCED TO AND INDEBTEDNESS,
INCLUDING BONDS ISSUED OR TO BE ISSUED,
INCURRED BY SAID CITY IN CONNECTION WITH THE
AMENDED SAN MARNAN DEVELOPMENT PLAN AREA.
WHEREAS, the City Council of the City of Waterloo, Iowa has
heretofore, in Ordinance No. 4351 provided for the division of
taxes within the San Marnan Development Project Area pursuant to
Section 403.19 of the Code of Iowa; and
WHEREAS, additional territory now has been added to the San
Marnan Development Project Area; and
WHEREAS, indebtedness has been incurred by the City, and
additional indebtedness is anticipated to be incurred in the
future, to finance urban renewal project activities within the
amended San Marnan Development Project Area, and the continuing
needs of redevelopment within the amended San Marnan Development
Project Area are such as to require the continued application of
the incremental tax resources of the amended San Marnan
Development Project Area; and
WHEREAS, the following enactment is necessary to accomplish
the objectives described in the premises.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WATERLOO, IOWA, THAT:
Ordinance Number 4351 is hereby amended to read as follows:
Section 1: For purposes of this Ordinance, the following
terms shall have the following meanings:
(a) Original Project Area shall mean that portion of
the City of Waterloo, Iowa described in the Urban Renewal
Plan for the San Marnan Development Area approved by
Ordinance No. 4351, adopted on April 19, 1999, which
Original Project Area includes the lots and parcels located
within the area legally described as follows:
Ordinance No. 4956
Page 2
EXHIBIT "A"
San Marnan Development Plan - Original
A part of the NW 1/4 of the NE 1/4, NE 1/4 of the NE
1/4 and the SW 1/4 of the NE 1/4 of Section 9-88-13,
Waterloo, Black Hawk County, Iowa, described as
follows:
Commencing at the Northeast corner of the NW 1/4 of
the NE 1/4 of said Section 9; thence S 00026114" E
along the East Line of the NW 1/4 of the NE 1/4 of
said Section 9 a distance of 463.53 feet to the point
of beginning; thence S 89003148" E a distance of
110.02 feet; thence Northeasterly along a curve
concave Northwesterly having a radius of 82.72 feet
and a long chord bearing N 64043156" E a distance of
75.66 feet to the Northerly R -O -W line of Tower Park
Drive as platted in Tower Park, Waterloo, Black Hawk
County, Iowa; thence S 51028116" E along the Westerly
end of said Tower Park Drive a distance of 60.00 feet;
thence Southwesterly along a curve concave
Northwesterly having a radius of 142.72 feet and a
long chord bearing S 64043157" W a distance of 130.55
feet; thence N 89003148" W a distance of 58.09 feet;
thence Southerly along a curve concave Southeasterly
having a radius of 20.00 feet and a long chord bearing
S 45014159" W a distance of 31.90 feet; thence S
00026114" E a distance of 346.22 feet; thence N
8903411111 W a distance of 30.00 feet to the East line
of the NW 1/4 of the NE 1/4 of said Section 9; thence
S 00026114" E along the East line of the NW 1/4 of the
NE 1/4 and the East line of the SW 1/4 of the NE 1/4
of said Section 9 a distance of 470.00 feet to the
Northerly R -O -W of U.S. Hwy. 20; thence N 89034111" W
along said Northerly R -O -W a distance -of 780.00 feet;
thence N 00026114" W a distance of 530.00 feet; thence
S 89034111" E a distance of 750.00 feet; thence N
00026114" W a distance of 367.24 feet; thence S
89003148" E a distance of 30.01 feet to the point of
beginning, all in the City of Waterloo, Black Hawk
County, Iowa.
The East line of the NW 1/4 of the NE 1/4 of Section
9-88-13, Waterloo, Black Hawk County, Iowa is assumed
to bear S 00026114" E.
(b) Amendment No. 1 Area shall mean that portion of
the City of Waterloo, Iowa described in Amendment No. 1 to
the Urban Renewal Plan for the San Marnan Development Area
approved by Resolution No. 2004-835, approved on December
13, 2004 which Amendment No. 1 Area includes the lots and
parcels located within the area legally described as
follows:
Ordinance' No. 4956
Page 3
EXHIBIT "B"
San Marnan Development Plan - Amendment No. 1
Beginning at the intersection of the centerlines of W.
4th Street and West San Marnan Drive, thence Easterly
along the centerline of West San Marnan Drive to the
point where the centerline of Johnathon Street
extended would intersect said centerline, thence South
and Southeasterly along the extension of the
centerline and the centerline of Johnathon Street to
the South line of Tower Park Drive, thence
Southwesterly along an arc following the Southerly
line of Tower Park Drive to the Westerly line of Tract
A of Tower Park Addition, thence South 45026' 14" East
a distance of 173.84 feet, to a point on the
Southwesterly line of Lot 1 Tower Park Addition,
thence following said line of Lot 1 57.3 feet along a
64 foot radius curve, thence South 45026' 14" East 52
feet to the point of intersection of Lot 1 and Tract
A, thence South 54048' 14" East to the most Southerly
corner of Tract A, thence in a straight line to the
most Westerly corner of Lot 1 of Tower Park No. 2,
thence East along the South line of said Lot 1 and an
extension thereof to the centerline of Kimball Avenue,
thence South along the centerline of Kimball Avenue to
the centerline of U.S. Highway 20, thence Easterly
along the centerline of U.S. Highway 20 to its
intersection with the East line of the West 4 of
Section 10 Township 88 Range 13, thence South along
the East line of the West % of said Section 10 to the
South line of said Section, thence West along the
South line of Section 10 Township 88 Range 13 to the
Southwest corner of said Section, thence continuing
West along the South line of Section 9 Township 88
Range 13 to the Southwest corner of said Section,
thence West 466 feet along the South line of Section 8
Township 88 Range 13, thence North 466 feet, thence
East 466 feet to the East line of said Section 8,
thence North along the East line of said Section to
its intersection with the centerline of U.S. Highway
20, thence Westerly along said centerline to its
intersection with the centerline of West 4th Street,
thence North along the centerline of West 4th Street to
the centerline of San Marnan Drive, said point being
the point of beginning, except that part described
as follows:
A part of the NW 1/4 of the NE 1/4, NE 1/4 of the NE
1/4 and the SW 1/4 of the NE 1/4 of Section 9-88-13,
Waterloo, Black Hawk County, Iowa, described as
follows:
Commencing at the Northeast corner of the NW 1/4 of
the NE 1/4 of said Section 9; thence S 00026114" E
along the East Line of the NW 1/4 of the NE 1/4 of
Ordinance'No. 4956
Page 4
said Section 9 a distance of 463.53 feet to the point
of beginning; thence S 89003148" E a distance of 110.02
feet; thence Northeasterly along a curve concave
Northwesterly having a radius of 82.72 feet and a long
chord bearing N 64043156" E a distance of 75.66 feet to
the Northerly R -O -W line of Tower Park Drive as
platted in Tower Park, Waterloo, Black Hawk County,
Iowa; thence S 51028116" E along the Westerly end of
said Tower Park Drive a distance of 60.00 feet; thence
Southwesterly along a curve concave Northwesterly
having a radius of 142.72 feet and a long chord
bearing S 64043157" W a distance of 130.55 feet; thence
N 89003148" W a distance of 58.09 feet; thence
Southerly along a curve concave Southeasterly having a
radius of 20.00 feet and a long chord bearing S
45014159" W a distance of 31.90 feet; thence S
00°26'14" E a distance of 346.22 feet; thence N
89034111" W a distance of 30.00 feet to the East line
of the NW 1/4 of the NE 1/4 of said Section 9; thence
S 00026114" E along the East line of the NW 1/4 of the
NE 1/4 and the East line of the SW 1/4 of the NE 1/4
of said Section 9 a distance of 470.00 feet to the
Northerly R -O -W of U.S. Hwy. 20; thence N 89034111" W
along said Northerly R -O -W a distance of 780.00 feet;
thence N 0026114" W a distance of 530.00 feet; thence
S 89034111" E a distance of 750.00 feet; thence N
00°26114" W a distance of 367.24 feet; thence S
89003148" E a distance of 30.01 feet to the point of
beginning, all in the City of Waterloo, Black Hawk
County, Iowa.
The East line of the NW 1/4 of the NE 1/4 of Section
9-88-13, Waterloo, Black Hawk County, Iowa is assumed
to bear S 00026'14" E.
(c) Amendment No. 2
the City of Waterloo, Iowa
the Urban Renewal Plan for
approved by Resolution No.
Area shall mean that portion of
described in Amendment No. 2 to
the San Marnan Development Area
2009-912, approved on September
14, 2009 which Amendment No. 2 Area includes the lots and
parcels located within the area legally described as
follows:
EXHIBIT "C"
San Marnan Development Plan - Amendment No. 2
A parcel of land in the Northwest Quarter (NW 1/) of
Section 10, Township 88 North, Range 13 West of the 5th
P.M., Black Hawk County, Iowa, described as follows:
Beginning at the intersection of the centerline of
Kimball Avenue and the centerline of US Highway 20;
thence Easterly along the centerline of US Highway 20
to the intersection of said centerline and the
Southerly extension of the Western -most line of Lot 1,
Ordinance'No. 4956
Page 5
Anderson's Addition; thence Northerly along said
Western -most line of Lot 1, Anderson's Addition and
the extension thereof, to the South line of Lot 1,
Anderson's 1St Addition; thence Westerly along the
South line of Lot 1, Anderson's 1St Addition and the
South end of the Mirage Ridge right of way to the West
right of way line of Mirage Ridge; thence North along
the West right of way line of Mirage Ridge to the
South line of Lot 1, Anderson's Fifth Addition; thence
Westerly along the South line of Lot 1, Anderson's
Fifth Addition and Lot 1, Anderson's Eighth Addition
and the Westerly extension thereof, to the centerline
of Kimball Avenue; thence Southerly along the
centerline of Kimball Avenue to the centerline of US
Highway 20 and the point of beginning, all in the City
of Waterloo, Black Hawk County, Iowa;
(d) Amended Project Area shall mean that portion of
the City of Waterloo, Iowa included within the Original
Project Area and the Amendment No. 1 Area and the Amendment
No. 2 Area, which Amended Project Area includes the lots
and parcels located within the area legally described as
follows:
EXHIBIT "D"
San Marnan Development Plan - Original, Amendment No. 1
and Amendment No. 2
Beginning at the intersection of the centerlines of W.
4th Street and West San Marnan Drive, thence Easterly
along the centerline of West San Marnan Drive to the
point where the centerline of Johnathon Street
extended would intersect said centerline, thence South
and Southeasterly along the extension of the
centerline and the centerline of Johnathon Street to
the South line of Tower Park Drive, thence
Southwesterly along an arc following the Southerly
line of Tower Park Drive to the Westerly line of Tract
A of Tower Park Addition, thence South 450 26' 14"
East a distance of 173.84 feet, to a point on the
Southwesterly line of Lot 1 Tower Park Addition,
thence following said line of Lot 1 57.3 feet along a
64 foot radius curve, thence South 450 26' 14" East 52
feet to the point of intersection of Lot 1 and Tract
A, thence South 540 48' 14" East to the most Southerly
corner of Tract A, thence in a straight line to the
most Westerly corner of Lot 1 of Tower Park No. 2,
thence East along the South line of said Lot 1 and an
extension thereof to the centerline of Kimball Avenue,
thence South along the centerline of Kimball Avenue to
the centerline of U.S. Highway 20, thence Easterly
along the centerline of U.S. Highway 20 to its
intersection with the East line of the West % of
Section 10 Township 88 Range 13, thence South along
the East line of the West % of said Section 10 to the
Ordinance"No. 4956
Page 6
South line of said Section, thence West along the
South line of Section 10 Township 88 Range 13 to the
Southwest corner of said Section, thence continuing
West along the South line of Section 9 Township 88
Range 13 to the Southwest corner of said Section,
thence West 466 feet along the South line of Section 8
Township 88 Range 13, thence North 466 feet, thence
East 466 feet to the East line of said Section 8,
thence North along the East line of said Section to
its intersection with the centerline of U.S. Highway
20, thence Westerly along said centerline to its
intersection with the centerline of West 4th Street,
thence North along the centerline of West 4th Street to
the centerline of San Marnan Drive, said point being
the point of beginning.
And also:
A parcel of land in the Northwest Quarter (NW 1/) of
Section 10, Township 88 North, Range 13 West of the 5th
P.M., Black Hawk County, Iowa, described as follows:
Beginning at the intersection of the centerline of
Kimball Avenue and the centerline of US Highway 20;
thence Easterly along the centerline of US Highway 20
to the intersection of said centerline and the
Southerly extension of the Western -most line of Lot 1,
Anderson's Addition; thence Northerly along said
Western -most line of Lot 1, Anderson's Addition and
the extension thereof, to the South line of Lot 1,
Anderson's 1St Addition; thence Westerly along the
South line of Lot 1, Anderson's 1St Addition and the
South end of the Mirage Ridge right of way to the West
right of way line of Mirage Ridge; thence North along
the West right of way line of Mirage Ridge to the
South line of Lot 1, Anderson's Fifth Addition; thence
Westerly along the South line of Lot 1, Anderson's
Fifth Addition and Lot 1, Anderson's Eighth Addition
and the Westerly extension thereof, to the centerline
of Kimball Avenue; thence Southerly along the
centerline of Kimball Avenue to the centerline of US
Highway 20 and the point of beginning, all in the City
of Waterloo, Black Hawk County, Iowa.
Section 2: The taxes levied on the taxable property in the
Amended Project Area, legally described in Section 1 hereof, by
and for the benefit of the State of Iowa, City of Waterloo,
County of Black Hawk, Waterloo Community School District, and
all other taxing districts from and after the effective date of
this Ordinance shall be divided as hereinafter in this Ordinance
provided.
Section 3: As to the Original Project Area, that portion
of the taxes which would be produced by the rate at which the
tax is levied each year by or for each of the taxing districts
taxing property in the Original Project Area upon the total sum
Ordinance No. 4956
Page 7
of the assessed value of the taxable property in the Original
Project Area as shown on the assessment roll as of January 1,
1999, being the first day of the calendar year preceding the
effective date of Ordinance No. 4351, shall be allocated to and
when collected be paid into the fund for the respective taxing
district as taxes by or for said taxing district into which all
other property taxes are paid. The taxes so determined shall be
referred herein as the "base period taxes" for such area.
As to Amendment No. 1 Area, base period taxes shall be
computed in the same manner using the total assessed value shown
on the assessment roll as of January 1, 2004, being the
assessment roll applicable to property in such area as of
January 1 of the calendar year preceding the effective date of
Ordinance No. 4748.
As to Amendment No. 2 Area, base period taxes shall be
computed in the same manner using the total assessed value shown
on the assessment roll as of January 1, 2009, being the
assessment roll applicable to property in such area as of
January 1 of the calendar year preceding the effective date of
this Ordinance.
Section 4: That portion of the taxes each year in excess
of the base period taxes for the Amended Project Area,
determined for each sub -area thereof as provided in section 3 of
this Ordinance, shall be allocated to and when collected be paid
into the special tax increment fund previously established by
the City of Waterloo to pay the principal of and interest on
loans, monies advanced to, or indebtedness, whether funded,
refunded, assumed or otherwise, including bonds issued under
authority of Section 403.9 or Section 403.12 of the Code of
Iowa, incurred by the City of Waterloo, Iowa to finance or
refinance, in whole or in part, urban renewal projects
undertaken within the Amended Project Area pursuant to the Urban
Renewal Plan, as amended, except that taxes for the payment of
bonds and interest of each taxing district shall be collected
against all taxable property within the Amended Project Area
without any limitation as hereinabove provided.
Section 5: Unless or until the total assessed valuation of
the taxable property in the areas of the Amended Project Area
exceeds the total assessed value of the taxable property in said
areas shown by the assessment rolls referred to in Section 3 of
this Ordinance, all of the taxes levied and collected upon the
taxable property in the Amended Project Area shall be paid into
the funds for the respective taxing districts as taxes by or for
the taxing districts in the same manner as all other property
taxes.
Section 6: At such time as the loans, monies advanced,
bonds and interest thereon and indebtedness of the City of
Waterloo referred to in Section 4 hereof have been paid, all
monies thereafter received from taxes upon the taxable property
in the Amended Project Area shall be paid into the funds for the
Ordinance'No. 4956
Page 8
respective taxing districts in the same manner as taxes on all
other property.
Section 7: All ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby
repealed. The provisions of this Ordinance are intended and
shall be construed so as to continue the division of taxes from
property within the Original Project Area under the provisions
of Section 403.19 of the Code of Iowa, as authorized in
Ordinance No. 4351, and to fully implement the provisions of
Section 403.19 of the Code of Iowa with respect to the division
of taxes from property within the Amendment No. 1 Area and
Amendment No. 2 Area as described above. In the event that any
provision of this Ordinance shall be determined to be contrary
to law it shall not affect other provisions or application of
this Ordinance which shall at all times be construed to fully
invoke the provisions of Section 403.19 of the Code of Iowa with
reference to the Amended Project Area and the territory
contained therein.
Section 8: This Ordinance shall be in effect after its
final passage, approval and publication as provided by law.
INTRODUCED: September 14, 2009
PASSED 1St CONSIDERATION: September 14, 2009
PASSED 2nd CONSIDERATION: September 14, 2009
PASSED 3rd CONSIDERATION: September 14, 2009
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 14th day of September, 2009, and approved by
the Mayor on the 16th day of September, 2009.
Tim Hurley, Mayor
ATTEST:
Nancy Eckel, CMC
City Clerk
Ordinance No. 4956
Page 9
CERTIFICATE
I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do
hereby certify that the preceding is a true and complete copy of
Ordinance No. 4956, as passed and adopted by the Council of the
City of Waterloo, Iowa, on the 14th day of September, 2009.
Witness my hand and seal of office this 16th day of
September, 2009.
Nancy Ec t, CMC
City Cle