HomeMy WebLinkAbout3625-02.21.1989 ORDINANCE NO. 3625
AN ORDINANCE RE-ESTABLISHING THE DOWNTOWN SELF-SUPPORTED
MUNICIPAL IMPROVEMENT DISTRICT PURSUANT TO THE
PROVISIONS OF CHAPTER 386 OF THE CODE OF IOWA, 1987 , AND
PROVIDING FOR THE ESTABLISHMENT OF FUNDS AND THE LEVY OF
ANNUAL TAXES IN CONNECTION THEREWITH, AND REPEALING
ORDINANCE NO. 3474 .
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, 1987 , as amended, and is authorized by Section 386. 3
of the Code of Iowa, 1987 , to create a self-supported municipal
improvement district, as defined in the Act, in the City, to
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 was filed with the Clerk/Auditor on the 6th
day of January, 1989 , 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 9th day of January, 1989 , 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 6th day of February, 1989, 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
uC� 284 PAGE616
OS finance No. 3625
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 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 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 , 1989, 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 at 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 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.
Section 7 . All ordinances or parts of ordinances in conflict
herewith are hereby repealed, insofar as the conflicting portions
thereof are concerned.
BOOK 284 PAGE W.`
Ordinance No. 3625
Page 3
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 .
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: February 6 , 1989
PASSED 1ST CONSIDERATION: February 6 , 1989
PASSED 2ND CONSIDERATION: February 13 , 1989
PASSED 3RD CONSIDERATION: February 21 , 1989
Passed and adopted by the City Council of the City of
Waterloo, Iowa, on the 13th day of March, 1989 , and approved by
the Mayor on the 15th day of March, 1989.
0 vY\i {d�K 4n t'l vt,�e1
Bernard L. M Ma/y&
ATTESTS
arr P. B ger, Cit C erk/Auditor
CERTIFICATE
I , Larry P. Burger, City Clerk of the City of Waterloo, Iowa,
do hereby certify that attached hereto is a true and complete copy
of Ordinance No. 3625 , as passed and adopted by the Council of the
City of Waterloo, Iowa, on the 13th day of March, 1989.
Witness my hand and seal of office this 15th day of March,
1989. . �.
• L rry . Burger, Ci Cle uditor
y
•
COL',PARED
PAGEWy7 11535
SLACK HAWK CuJNTY, IOWA:SS
Filed for record/(a4 /5 19 89
at 3:q5 P f�, and recorded in
ri2raz @ oak__ c-�
Page
Recorder
Oe�ai E
aee 15.00 ...
&„, ,da„..tez,
BOOK 284 PACE 618
Leal
STATE OF IOW A, I do solemnly wear chef the annexed copy of
SS 3625
Black Hawk County,
City of Waterloo : Ordinance No .
ORDINANCE NO.3625 •
notice was published in the Wain-loo Courier a daily newspaper printed In Waterloo,
AN ORDINANCE RE-
ESTABLISHING THE
DOWNTOWN SELF-SUP- Black Hawk County, Iowa once tt-
_
PORTED MUNICIPAL IM-
PROVEMENT DISTRICT fg in the issue/of
PURSUANT TO THE
PROVISIONS OF CHAPTER 386 commencing on the �Y'a't
OF THE CODE OF IOWA, 1987, March 14! 1989
AND PROVIDING FOR THE
ESTABLISHMENT OF FUNDS
i AND THE LEVY OF ANNUAL
TAXES I.N CONNECTION
THEREWITH, AND EPEAL-
NG ORDINANCE NO.3474.
WHEREA
S,tyeof Blacky of Hawk, of said newspaper, and that the annexed rate of
d the in S Section
of Hawk,
State of Iowa, is a "City", as advertising is the regular legal rate of said newspaper, and that the following is a correct bill for
defined 1987,1 s amended,and Ise publishing said notice. j 90
of Iowa,1987,as amended, IsPrinter's Blli s
sei
authorized by Section 386.3 of the P g
Code of Iowa, 1987, to create a
profvementtd strict,ased cdefilned In
the Act,In the City,to provide for 9✓'�"
the existence and operation of Signed ,
such district, to provide for im- -
provementsof s defined in the Im-Act, dayof
prove bonis,asdefnedIntheAct, Subscribed and sworn to before me this
for such district,to authorize and
Issue bonds for the purposes of �-}�
such district and to levy such
t vV'� A.D., 19
tax-
es as are authorized by
with respect to such district;and ,.y
WHEREAS,there was filed with Kaile/� �//d /y�nthe Clerk/Auditor on the 6th day 4,�'l 0 C ..icti.,z4z,of January,1989, a petition peti-
tioning the City Council to re- ti, _
establish a self-supported
(the"Proposel d District')) In aent c- Received of
cordance with the Act, to re-
orted
establish improvemenidistri t
Proposed ration f District r andes Int o ace
the sum of Dollars
cordance with the Act and to levyan annual tax for each of such in full for publication of the above notice.
fund In accordance with the Act
and