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HomeMy WebLinkAbout5085-12/05/2011 (RECORDED)I IIIIIII IIIlII iii IIIII nisi IIIII IIIII IIIII IIIII IIIII IOII IIIII IIIII OIII ilii ilii Doc ID 004671870007 Type GEN Kind ORDINANCE Recorded: 12/30/2011 at 09:10:10 AM Fee Amt: $37.00 Page 1 of 7 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER F11e2012-00012102 01 161010(10 This Ordinance prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 5085 AN ORDINANCE AMENDING ORDINANCE NO. 4494, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED DOWNTOWN WATERLOO RIVERFRONT URBAN RENEWAL 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 AN INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE AMENDED DOWNTOWN WATERLOO RIVERFRONT URBAN RENEWAL AND REDEVELOPMENT PROJECT. WHEREAS, the City Council of the City of Waterloo, Iowa has heretofore, in Ordinance No. 4494, provided for the division of taxes within the Downtown Waterloo Riverfront Urban Renewal Project Area, pursuant to Section 403.19 of the Code of Iowa; and WHEREAS, additional territory now has been added to the Downtown Waterloo Riverfront Urban Renewal 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 Downtown Waterloo Riverfront Urban Renewal Project Area, and the continuing needs of redevelopment within the amended Downtown Waterloo Riverfront Urban Renewal Project Area are such as to require the continued application of the incremental tax resources of the amended Downtown Waterloo Riverfront Urban Renewal Project Area; and WHEREAS, the following enactment is necessary to accomplish the objectives described in the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA THAT: Ordinance Number 4494 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 and Amendment No. 1 Area shall mean that portion of the City of Waterloo, Iowa described in the Urban Renewal and Ordinance No. 5085 Page 2 Redevelopment Plan for the Downtown Waterloo Riverfront Urban Renewal Area approved by Ordinance No. 2723, adopted on December 23, 1974, and amended by Resolution No. 27385 adopted in 1980 and Resolution No. 1996-804, adopted December 16, 1996 (no new area added), which Original Project Area includes the lots and parcels located within the area legally described as follows: Beginning at a point at the intersection of Franklin and East Seventh Streets, thence Southwesterly along Seventh Street to the alley between Jefferson and Bluff Streets, thence Northwesterly along said alley to West Third Street, thence Northeasterly along West Third Street to Franklin Street, thence Southeasterly on Franklin Street to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. (b) Amendment No. 2 Area shall mean that portion of the City of Waterloo, Iowa described in Amendment No. 2 to the Urban Renewal and Redevelopment Plan for the Downtown Waterloo Riverfront Urban Renewal Area approved by Resolution No. 2001-394, adopted on August 6, 2001, which Amendment No. 2 Area includes the lots and parcels located within the area legally described as follows: Bounded by Southbound Washington Street, West 12th Street, Cedar River, 11th Street, Sycamore Street, East 7th Street, Franklin Street, East 3rd Street, Sycamore Street, Fairview Avenue, Conger Street, River Road, Black Hawk Creek to Southbound Washington Street. (c) Amendment No. 3 Area shall mean that portion of the City of Waterloo, Iowa described in Amendment No. 3 to the Urban Renewal and Redevelopment Plan for the Downtown Waterloo Riverfront Urban Renewal Area approved by Resolution No. 2003-225 on April 7, 2003, which Amendment No. 3 Area includes the lots and parcels located within the area legally described as follows: Bounded by Southbound Washington Street, West 4th Street, South Street, West 2nd Street to Southbound Washington Street. (d) Amendment No. 4 Area shall mean that portion of the City of Waterloo, Iowa described in Amendment No. 4 to the Urban Renewal and Redevelopment Plan for the Downtown Waterloo Riverfront Urban Renewal Area approved by Resolution No. 2011-1109 on December 5, 2011, which Amendment No. 4 Area Ordinance No. 5085 Page 3 includes the lots and parcels located within the area legally described as follows: Beginning at the point where the centerline of West Conger Street intersects the centerline of relocated Ansborough Avenue (said point also being the intersection with the centerlines of River Road and Westfield Avenue), thence Westerly along the centerline of relocated Ansborough Avenue to its intersection with the West line of Courier Street, thence South along the West line of Courier Street, and an extension thereof, to the centerline of the Canadian National/Illinois Central Railroad spur line, thence Southwesterly along the centerline of said Railroad to the centerline of West Washington Street (also known as U.S. Highway 218), thence Southeasterly along the centerline of West Washington Street to the centerline of Vaughn Street, thence Northeasterly along the centerline of Vaughn Street to the centerline of Westfield Avenue, thence Southeasterly along the centerline of Westfield Avenue to its intersection with the East bank of Black Hawk Creek, thence Northerly along the Easterly bank of Black Hawk Creek to the centerline of River Road, thence Northwesterly and Westerly along the centerline of River Road to the point of beginning. (e) Amended Project Area shall mean that portion of the City of Waterloo, Iowa included within the Original Project Area and Amendment No. 1 Area, Amendment No. 2 Area, Amendment No. 3 Area, and Amendment No. 4 Area, which Amended Project Area includes the lots and parcels located within the area legally described as follows: Beginning at the point where the centerline of W. 12th Street, if extended, would intersect the centerline of the Southbound Washington Street as now located (also known as U.S. Highway 218), thence Northeasterly along the extension of the centerline of W. 12th Street, and the centerline of W. 12th Street to the Southerly line of the Cedar River, thence Northwesterly along the Southerly bank of the Cedar River to the centerline of W. 11th Street, thence Northeasterly along the centerline of the 11th Street Bridge and E. 11th Street to the centerline of Sycamore Street, thence Northwesterly along the centerline of Sycamore Street to its intersection with the centerline of E. 7th Street, thence Ordinance No. 5085 Page 4 Northeasterly along the centerline of E. 7th Street to the centerline of Franklin Street, thence Northwesterly along the centerline of Franklin Street to the centerline of E. 3rd Street, thence Southwesterly along the centerline of E. 3rd Street to the centerline of Sycamore Street, thence Northwesterly along the centerline of Sycamore Street, and an extension thereof, to the Northerly line of the Cedar River, thence following the Northerly bank of the Cedar River to a point where it would intersect the centerline of Fairview Avenue, if extended Southerly, thence North along the extension of the centerline of Fairview Avenue, and the centerline of Fairview Avenue to the centerline of Conger Street, thence Westerly and Southwesterly along the centerline of Conger Street and W. Conger Street to the centerline of relocated Ansborough Avenue (said point also being the intersection with the centerlines of River Road and Westfield Avenue), thence Westerly along the centerline of relocated Ansborough Avenue to its intersection with the West line of Courier Street, thence South along the West line of Courier Street, and an extension thereof, to the centerline of the Canadian National/Illinois Central Railroad spur line, thence Southwesterly along the centerline of said Railroad to the centerline of West Washington Street (also known as U.S. Highway 218), thence Southeasterly along the centerline of West Washington Street to the centerline of Vaughn Street, thence Northeasterly along the centerline of Vaughn Street to the centerline of Westfield Avenue, thence Southeasterly along the centerline of Westfield Avenue to its intersection with the East bank of Black Hawk Creek, thence Southwesterly along the Easterly bank of Black Hawk Creek to the centerline of southbound Washington Street, thence Easterly and Southeasterly along the centerline of Southbound Washington Street to the centerline of W. 2nd Street, thence Southwesterly along the centerline of W. 2nd Street to the centerline of South Street, thence Southeasterly along the centerline of South Street to the centerline of W. 4th Street, thence Northeasterly along the centerline of W. 4th Street to the centerline of Southbound Washington Street, thence Southeasterly along the centerline of Southbound Washington Street to the point of beginning. Ordinance No. 5085 Page 5 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 and Amendment No. 1 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 and Amendment No. 1 Area upon the total sum of the assessed value of the taxable property in the Original Project Area and Amendment No. 1 Area as shown on the assessment roll as of January 1, 1974, being the first day of the calendar year preceding the effective date of Ordinance No. 2723, 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. 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 1,2000, 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. 4494. As to Amendment No. 3 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, 2002, 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. 4605. As to Amendment No. 4 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, 2010, 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 403.22 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 regular and voter -approved physical plant and equipment levy of a school district imposed pursuant Ordinance No. 5085 Page 6 to Section 298.2 of the Code of Iowa and 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 area shown by the last equalized 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 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 and Amendment No. 1 Area under the provisions of Section 403.19 of the Code of Iowa, as authorized in Ordinance No. 2723, as amended by Ordinance No. 4494 for the addition of Amendment No. 2 Area, as amended by Ordinance No. 4605 for the addition of Amendment No. 3 Area, 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. 4 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: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: December 5, 2011 December 5, 2011 December 5, 2011 December 5, 2011 Ordinance No. 5085 Page 7 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 5th day of December, 2011, and approved by the Mayor on the 5th day of December, 2011. Ernest G. Clark, Mayor ATTEST: Suzy Scha es, CMC City Cler CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5085, as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 5th day of December, 2011. 2011. SEAL Witness my hand and seal of office this 5th day of December, Suzy Sch:res, CMC City Cl:.rk 4 • C T ♦ IRT SUMMARY OF ORDINANCE NO. 5085 ADOPTED ON DECEMBER 5, 2011 BY THE WATERLOO CITY COUNCIL AS AN ORDINANCE AMENDING ORDINANCE NO. 4494, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COL- LECTED EACH YEAR ON ALL PROP- ERTY LOCATED WITHIN THE AMENDED DOWNTOWN WATERLOO RIVERFRONT URBAN RENEWAL AREA OF THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, BY AND FOR THE BEN- EFIT OF THE STATE OF IOWA, CITY OF WATERLOO, COUNTY OF BLACK HAWK, WATERLOO COMMUNITY SCHOOL DIS- TRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAY- MENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AN IN- DEBTEDNESS, INCLUDING BONDS IS- SUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE AMENDED DOWNTOWN WATERLOO RIVERFRONT URBAN RENEWAL AND REDEVELOPMENT PROJECT. This is a summary of the amendment to Ordinance No. 4494, which provides for the Amended Downtown Waterloo Riv- erfront Urban Renewal Area (the "Project Area") to be a special taxing district with- in the City of Waterloo (referred to below as the "Ordinance"): The general pupose_yf_She 4D 4intaance of ended /Man ss8d jtv ZN:e of lSBa q .IOoject ance .121 TaN,' 23, mes nce No. 0 I of ex- rea, in - y (thin ter- £bL861'1• Iuld Z5• 99vA I8), 9 6 i 'ion Tide ice £1r9flw Zmg kr of rty tet of ng h- lin dfl J I a3SS`dd — 18OP tuawasjoet. patuas9Jd 6uiaq Jells sigt P!P �!osaof 31d01ld .Ld1f10S , AAAVLtY (MOJJOWO4 SJOMSUV) .ly ig ;o •uootJeo enoge eqi Aq petse66nsd se `JaMSUB esUdJns 1341 wtot o4- S.9UO1 PapJ!o OLD 06uaJJB MONO TT-£Z-ZT OF IOWA, .awk County, SS I do solemnly swear that the annexed copy of legal City of Waterloo Summary of Ordinance No. 5085 Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 23rd day of December, 2011 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $86.43 Subscribed and sworn to before me this WI Day of A.D., 20 1( SUE A AMZ COMMISSION NO. 761976 MY COtd ° S^!CN .XPIRES Notary Public Received of the sum of Dollars. In full for publication of the above notice. This Ordinance prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 5085 AN ORDINANCE AMENDING ORDINANCE NO. 4494, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED DOWNTOWN WATERLOO RIVERFRONT URBAN RENEWAL 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 AN INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE AMENDED DOWNTOWN WATERLOO RIVERFRONT URBAN RENEWAL AND REDEVELOPMENT PROJECT. WHEREAS, the City Council of the City of Waterloo, Iowa has heretofore, in Ordinance No. 4494, provided for the division of taxes within the Downtown Waterloo Riverfront Urban Renewal Project Area, pursuant to Section 403.19 of the Code of Iowa; and WHEREAS, additional territory now has been added to the Downtown Waterloo Riverfront Urban Renewal 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 Downtown Waterloo Riverfront Urban Renewal Project Area, and the continuing needs of redevelopment within the amended Downtown Waterloo Riverfront Urban Renewal Project Area are such as to require the continued application of the incremental tax resources of the amended Downtown Waterloo Riverfront Urban Renewal Project Area; and WHEREAS, the following enactment is necessary to accomplish the objectives described in the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA THAT: Ordinance Number 4494 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 and Amendment No. 1 Area shall mean that portion of the City of Waterloo, Iowa described in the Urban Renewal and Ordinance No. 5085 Page 2 Redevelopment Plan for the Downtown Waterloo Riverfront Urban Renewal Area approved by Ordinance No. 2723, adopted on December 23, 1974, and amended by Resolution No. 27385 adopted in 1980 and Resolution No. 1996-804, adopted December 16, 1996 (no new area added), which Original Project Area includes the lots and parcels located within the area legally described as follows: Beginning at a point at the intersection of Franklin and East Seventh Streets, thence Southwesterly along Seventh Street to the alley between Jefferson and Bluff Streets, thence Northwesterly along said alley to West Third Street, thence Northeasterly along West Third Street to Franklin Street, thence Southeasterly on Franklin Street to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. (b) Amendment No. 2 Area shall mean that portion of the City of Waterloo, Iowa described in Amendment No. 2 to the Urban Renewal and Redevelopment Plan for the Downtown Waterloo Riverfront Urban Renewal Area approved by Resolution No. 2001-394, adopted on August 6, 2001, which Amendment No. 2 Area includes the lots and parcels located within the area legally described as follows: Bounded by Southbound Washington Street, West 12th Street, Cedar River, 11th Street, Sycamore Street, East 7th Street, Franklin Street, East 3rd Street, Sycamore Street, Fairview Avenue, Conger Street, River Road, Black Hawk Creek to Southbound Washington Street. (c) Amendment No. 3 Area shall mean that portion of the City of Waterloo, Iowa described in Amendment No. 3 to the Urban Renewal and Redevelopment Plan for the Downtown Waterloo Riverfront Urban Renewal Area approved by Resolution No. 2003-225 on April 7, 2003, which Amendment No. 3 Area includes the lots and parcels located within the area legally described as follows: Bounded by Southbound Washington Street, West 4th Street, South Street, West 2nd Street to Southbound Washington Street. (d) Amendment No. 4 Area shall mean that portion of the City of Waterloo, Iowa described in Amendment No. 4 to the Urban Renewal and Redevelopment Plan for the Downtown Waterloo Riverfront Urban Renewal Area approved by Resolution No. 2011-1109 on December 5, 2011, which Amendment No. 4 Area Ordinance No. 5085 Page 3 includes the lots and parcels located within the area legally described as follows: Beginning at the point where the centerline of West Conger Street intersects the centerline of relocated Ansborough Avenue (said point also being the intersection with the centerlines of River Road and Westfield Avenue), thence Westerly along the centerline of relocated Ansborough Avenue to its intersection with the West line of Courier Street, thence South along the West line of Courier Street, and an extension thereof, to the centerline of the Canadian National/Illinois Central Railroad spur line, thence Southwesterly along the centerline of said Railroad to the centerline of West Washington Street (also known as U.S. Highway 218), thence Southeasterly along the centerline of West Washington Street to the centerline of Vaughn Street, thence Northeasterly along the centerline of Vaughn Street to the centerline of Westfield Avenue, thence Southeasterly along the centerline of Westfield Avenue to its intersection with the East bank of Black Hawk Creek, thence Northerly along the Easterly bank of Black Hawk Creek to the centerline of River Road, thence Northwesterly and Westerly along the centerline of River Road to the point of beginning. (e) Amended Project Area shall mean that portion of the City of Waterloo, Iowa included within the Original Project Area and Amendment No. 1 Area, Amendment No. 2 Area, Amendment No. 3 Area, and Amendment No. 4 Area, which Amended Project Area includes the lots and parcels located within the area legally described as follows: Beginning at the point where the centerline of W. 12th Street, if extended, would intersect the centerline of the Southbound Washington Street as now located (also known as U.S. Highway 218), thence Northeasterly along the extension of the centerline of W. 12t" Street, and the centerline of W. 12ta Street to the Southerly line of the Cedar River, thence Northwesterly along the Southerly bank of the Cedar River to the centerline of W. 11th Street, thence Northeasterly along the centerline of the 11th Street Bridge and E. 11th Street to the centerline of Sycamore Street, thence Northwesterly along the centerline of Sycamore Street to its intersection with the centerline of E. 7th Street, thence Ordinance No. 5085 Page 4 Northeasterly along the centerline of E. 7th Street to the centerline of Franklin Street, thence Northwesterly along the centerline of Franklin Street to the centerline of E. 3rd Street, thence Southwesterly along the centerline of E. 3rd Street to the centerline of Sycamore Street, thence Northwesterly along the centerline of Sycamore Street, and an extension thereof, to the Northerly line of the Cedar River, thence following the Northerly bank of the Cedar River to a point where it would intersect the centerline of Fairview Avenue, if extended Southerly, thence North along the extension of the centerline of Fairview Avenue, and the centerline of Fairview Avenue to the centerline of Conger Street, thence Westerly and Southwesterly along the centerline of Conger Street and W. Conger Street to the centerline of relocated Ansborough Avenue (said point also being the intersection with the centerlines of River Road and Westfield Avenue), thence Westerly along the centerline of relocated Ansborough Avenue to its intersection with the West line of Courier Street, thence South along the West line of Courier Street, and an extension thereof, to the centerline of the Canadian National/Illinois Central Railroad spur line, thence Southwesterly along the centerline of said Railroad to the centerline of West Washington Street (also known as U.S. Highway 218), thence Southeasterly along the centerline of West Washington Street to the centerline of Vaughn Street, thence Northeasterly along the centerline of Vaughn Street to the centerline of Westfield Avenue, thence Southeasterly along the centerline of Westfield Avenue to its intersection with the East bank of Black Hawk Creek, thence Southwesterly along the Easterly bank of Black Hawk Creek to the centerline of southbound Washington Street, thence Easterly and Southeasterly along the centerline of Southbound Washington Street to the centerline of W. 2nd Street, thence Southwesterly along the centerline of W. 2nd Street to the centerline of South Street, thence Southeasterly along the centerline of South Street to the centerline of W. 4th Street, thence Northeasterly along the centerline of W. 4th Street to the centerline of Southbound Washington Street, thence Southeasterly along the centerline of Southbound Washington Street to the point of beginning. Ordinance No. 5085 Page 5 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 and Amendment No. 1 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 and Amendment No. 1 Area upon the total sum of the assessed value of the taxable property in the Original Project Area and Amendment No. 1 Area as shown on the assessment roll as of January 1, 1974, being the first day of the calendar year preceding the effective date of Ordinance No. 2723, 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. 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 1,2000, 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. 4494. As to Amendment No. 3 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, 2002, 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. 4605. As to Amendment No. 4 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, 2010, 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 403.22 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 regular and voter -approved physical plant and equipment levy of a school district imposed pursuant Ordinance No. 5085 Page 6 to Section 298.2 of the Code of Iowa and 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 area shown by the last equalized 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 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 and Amendment No. 1 Area under the provisions of Section 403.19 of the Code of Iowa, as authorized in Ordinance No. 2723, as amended by Ordinance No. 4494 for the addition of Amendment No. 2 Area, as amended by Ordinance No. 4605 for the addition of Amendment No. 3 Area, 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. 4 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: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: December December December December 5, 2011 5, 2011 5, 2011 5, 2011 Ordinance No. 5085 Page 7 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 5th day of December, 2011, and approved by the Mayor on the 5th day of December, 2011. ATTEST: Suzy Scha es, CMC City Clerk Ernest G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5085, as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 5th day of December, 2011. 2011. SEAL Witness my hand and seal of office this 5th day of December, • y • ares, CMC City C erk