HomeMy WebLinkAbout3474-03/02/1987 and as 'Kaf
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(Ordinance 3474 was previously recorded in Book 273 , Page 163. )
ORDINANCE NO. 3474
AN ORDINANCE RE-ESTABLISHING THE DOWNTOWN SELF-SUPPORTED
MUNICIPAL IMPROVEMENT DISTRICT PtPSUANT TO THE PROVISIONS OF
CHAPTER 386 OF THE CODE OF IOWA, 1985, AND PROVIDING FOR THE.
ESTABLISHMENT OF FUNDS AND THE LEVY OF ANNUAL TAXES IN
CONNECTION THEREWITH.
WHEREAS, the City of Waterloo, in the County of !flack Hawk, State of
Iowa, is a "City', as defined in Section 362.2 of the Code of Iowa, 1985,
as amended, and is authorized by Section 386.3 of the Code of Iowa, 1985,
to create a self-supported municipal improvement district, as defined in
the Act, in the City, to provide for the exi stance 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 1.6th day of
December, 3.986, 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 canon ance with the
provisions of the Act: and
WHEREAS, upon receipt of such petition, the City Council did on the 22nd
day of December, 1986, 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 26th day of January, 1987, at 7700 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-estahlishhent 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-two (72) 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 frail Council consideration: and
N
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 o
accordance with the Act;
BOOK 11 3 PAGE 5
Ordinance No. 3474
Page Two
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-Supnorted 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 oronerty 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 Bluff
Street, along Bluff 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 2 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, 1937, and
continuing for two (2) additional years, for the purpose of
paying such exoenses 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
nrovided in Section 4 hereof, shall be at a rate not to exceed
One Dollar and Fifty Cents (C1.50) 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 Flack Hawk County
and in the office of the City Treasurer of Waterloo.
BOOK 273 PAGE 5 9
. .
Ordinance No. 3474
Page Three
Section 7. All ordinances or parts of ordinances in conflict
herewith are hereby repealed, insofar as the conflicting
portions thereof are concerned.
Section P. 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 inval id 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 2nd day of March, 19'37.
/,--)
iii:a-‹ l/nr‘A
Bernar L. McKinC/..y, Mayo
ATTEST:
,--
/'' /D Lar P rde.r,2 City C k Auditor
CERTIFICATE
I, Larry P. Purger, City Clerk/Auditor of the City of Waterloo, Iowa,
do hereby certify that attached hereto is a true and complete copy of /7
Ordinance No. 3474, as passed and adopted by the Council of the City 7
of Yaterloo, Iowa, on the 2nd day of march, 17.
'.. . ..
.,---• .
Wittle's *;,liand, and Seal of Office this 4th day of March, 1987.
,...../ 7
unler, • _ C erk/Auditor
ton.i.-41.4....., 111141
INDEXED VC.r-
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Filed for recordA222_,___3 19 g
at , ,' 0/ ,9 M, and Mang in
Book ...1 7.3
Page 5— 77 -
.
Ra-m.-1-4-1,41.-. 2017.- 1
Recorder
Deputy
Fee /5'.00 -,
glz .
BOOK 273 PACE 580
-
ORDINANCE NO. 3474
AN ORDINANCE PE-ESTABLISHING THE no!orrow.! sFLF-suppoRTE0
.11.1NICIPAL IMPPOVE.M.E\IT DISTRICT PURSUANT TO THE PROVISIONS OF
CHAPTER 386 OF THE CODE OF IOWA, 1985, AND PROVIDING FOR THE
ESTABLISHMENT OF FUNDS AND THE LEVY OF ANNUAL TAXES IN
CONNECTION THEREWITH.
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 rode of Iowa. 1925,
as amended, and is authorized by Section 386.3 of the Code of Iowa. 1935,
to create a self-supported municipal improvement district, as defined in
the Act, in the City, to !arovide "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 an,.1 issue bonds
for the purooses 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 15th day of
December, 1986, 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 municinal
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 connl i ance wi th the
provisions of the Act 7 and
WHEREAS, upon receipt of such petition, the City Council did on the 22nd
day of December, 1.921i, refer such petition to the City planning,
Programming and 7onini 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 Cormission 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 fil i no of the aforementioned report, the.
Council did set the 25th day of January, 1987, at 7:Ofl o'clock p.m. , at
City Hall , Council Chambers, in the City, as the time and place for a
meeting at which it nroposed 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 nropertv
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-two (72) 'percent of all owners of property
within the Proposed District or sinnatures which together represent
ownership of property with an assessed value of eight-five (P5) percent
or more of the assessed value of all oroperty within the Proposed
District seeking to have the entire matter of re-estatilishinq the
district withdrawn from Council cons ideratiou 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
Q.)
accordance with the Act:
it) AU 163
•
Ordinance No. 3474
Pane Two
NOW, THEREFORE. 3E IT ORDAINED AND ENACTED 9Y THE COUNCIL OF
THE CITY OF WATERLOO, STATE OF IOWA, AS FOLLOWS!
Section 1. That there shall he and there is hereby created in
the City a self-supported municipal improvement district, as
defined in the Act, the name of which shall he the "Downtown
Self-Supported Municipal Improvement District' (sometimes
hereinafter referred to as the "District"), the purnoses 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 houndaries7
Beginning at the intersection of Franklin Street and Fast
Third Street along Franklin Street to the intersection of
the Chicago and Great Western Railroad, alone 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 "O-3" Zone of the
City.
Section 4. That pursuant to the provisions of Section 9 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, 1987, 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 exnenses of
'improvements" or "self-liquidating improvements", as defined in
the Act, for a period of two (2) years.
Section F. That the Operation Tax levied in any one year, as
provided in Section 4 hereof, shall he at a rate not to exceed
One Dollar and Fifty Cents ($1.50) 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 he
filed in the office of the County Recorder of Flack Hawk County
and in the office of the City Treasurer of Waterloo.
BMX 213 Va164
. . .
a
Ordinance No. 3474
Page Three
Section 7. All ordinances or parts of ordinances in conflict
herewith are hereby repealed, insofar as the conflicting
portions tnProof are concerned.
Section S. 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 Darts.
Sect ion '...,.. 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 2nd day of larch‘, 19E7.
liernar, t . cKinley, Y.ayor
ATTEST°.
... . .
1Pr, A66-for
CERTIFICATE
T . Larry P., ,R0roer Cjt'i ^lork/Auditor of the City of Waterloo, Iowa,
do hr*?"b''''' '66ftt6 that attach,A hereto is a true and collplete copy of
OrAnaitc !.44742i,,s, nassd and adopted by the Council of the City
1:r: !?!atttrM0-;;:,-10:0'4: 'On''the 2nd, day of i'arch, 1927,
' :14 ftwit-,,ltik*O.HATIl.Seal of Office this 4th day of March, 1927.
._ ..,
L-F- r.v P Jrqr Citv lerk Auditor
_ 13147
IN 1EXEDI 974-) BUCK HAWK COUNTY. IDWAIII
'MPARED04
fled for recordlYNNA..3 on '1
It 11'• b 0 A.IA, and recorded k
`11),--c«.- Book a ? 3
Page / 6 3
1,Rez-------4.„ 1,/..A.I.:....„0#1
Recorder
Deputy
fee
c_;,,..% CS-szAk
_.1,..„
509x 4 bi ACE 165
•
•
•
STATE OF IOWA
, I do solemnly swear that the annexed copy of Legal
SS
Black Hawk County, City of Waterloo : Ordinance No . 3474
ORDINANCE NO.3474 notice •
was published in the r a dailynewspaper rioted in Waterloo,
AN ORDINANCE RE-ESTAB- llntcrloo �-.Qliricrp
LISHING THE DOWNTOWN
SELF-SUPPORTED MUNICI-
PAL IMPROVEMENT DIS- Black Hawk County, Iowa once JO- -few ew eeweiive
TRICT PURSUANT TO THE
PROVISIONS OF CHAPTER 386
OF THE CODE OF IOWA, 1985, -#� in the issue of
AND PROVIDING FOR THE ES-
TABLISHMENT OF FUNDS
AND THE LEVY OF ANNUAL g p r i l 2+ 1987
TAXES IN CONNECTION
THEREWITH.
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 said newspaper, and that the annexed rate of
of Iowa,1985,as .mended and is
authorized by Section 386.3 of the advertising is the regular legal rate of said newspaper, and that the following is a correct bill for
Code of Iowa,1985,to create a self-
supported municipal improve- publishing said notice. Co ! 0 /�
ment district, as defined in the Printer's Bill $ ` (� (,
Act,In the City,to provide for the
existence and operation of such 1
district, to provide for improve- ,`
mentsofself-liquidating improve- ` ,... l ., ..v..• ,Q.Gsey--
ments,as defined in the Act,for
such district,to authorize and is- Signed
sue bonds for the purposes of such
district and to levy such taxes as
are authorized by the Act with Subscribed and sworn to before me this ', day of
respect to such district:and t
WHEREAS,there was filed with ,(f--,
y/the Clerk/Auditor on the 16th day �lld t A.D., 19 7
of December,1986,a petition peti-
tioning the City Council to re-es- )(2
/1 n n� /� �j J
tablish a self-supported munici-
palLa_
improvement district (the (f�
'Proposed District") in ac-
cordance Notary Public
with the Act,to re-estab- Notary Public
lish a self-supported municipal Received of
Improvement district operation
fund with respect to the Proposed
District and In accordance with
the Act and to levy an annual tax the sum of _ Dollars
for each of such find In ac-
cordance with the Act;and WHEREAS,the petition was in all in full for publication of the above notice.
I
ways in complete compliance
with the provisions of the Act;and
WHEREAS,upon receipt of such
— petition, the City Council did on _
the 22nd day of December, 1986, r._`_.._.
refer such petition to the City
Planning,Programming and Zon-
..___�,__:_.. :. dsnra i