HomeMy WebLinkAbout3121-12.08.1980 (RECORDED) •
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ORDINANCE NO. 3/
AN ORDINANCE ESTABLISHING THE DOWNTOWN SELF-SUPPORTED MUNICIPAL IMPROVEMENT
DISTRICT PURSUANT TO THE PROVISIONS OF SENATE FILE 356 OF THE ACTS OF THE
66TH GENERAL ASSEMBLY, 1976 SESSION, 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 Code of Iowa, 1975,
as amended, and is authorized by Senate File 356 of the Acts of the 66th
General Assembly of the State of Iowa, 1976 Section (the "Act") 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. d;.ut.:'1^t- to :.L:''?^:r•rl:.'^ :•.^.'J FLr ''.::-- Y.ir'rlfJ:::'3s 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 City Clerk on the 2nd day of September,
1980, a petition petitioning the City Council to establish a self-supported
municipal improvement district (the "Proposed District") in accordance with
the Act, to 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 2nd
day of September, 1980, refer such petition to the City Plan and Program
Commission in accordance with .0%._ Act with instructions to such commission to
prepare an evaluative report .J" 44 Council on the merits and feasibility of
the project proposed in the petition; and
WHEREAS, the City Plan and Program 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 wtih the Act; and
WHEREAS, subsequent to the filing of the aforementioned report, the
Council did set the _;; day of / .x & 1n b cr , 1980, 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 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 establishment of the Proposed
District; and
WHEREAS, no petition has been filed with the City Clerk containing the
signatures 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 Propose{d . _strict t h
Y '�•"�t- ��. `"^...iis(� J hp the enilt'f,: matter of
establishing the district withdrawn from Council consideration; 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
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
BOOK 237 PAGE 274
y
and all "improvements" and 'helf-: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:
Commencing at the intersection of Franklin Street and East Third Street,
thence southeasterly along Franklin Street to the Chicago and Great
Western Railroad tracks between East Sixth and East Seventh Streets,
thence southwesterly along the Chicago and Great Western Railroad
tracks to Jefferson Street; thence northwesterly along Jefferson
Street to West Fifth Street; thence southwesterly along West Fifth
to the alley between Bluff Street and Jefferson Street; thence
northwesterly along the alley to West Third Street; thence north-
easterly along Third Street to the point of beginning.
Section 3. That it is hereby found and determined that the owners of
all of the 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
July 1, 1981, and continuing for two (2) additional years, for the purprose
e eeof payg
such expenses of the District as are authorized by the Act, including but paying
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 Twenty Five
Cents ($1.25) 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 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.
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
passage and publication, according to the laws of the State of Iowa. its
PASSED AND APPROVED THIS ' day of IDQ.� q m `j Q r , 1980.
Leo P. Roo f, Mayor
ATTEST:
8557
BLACK HAWK COUNTY, 10ViV i:5S
'O,c Filed for record /2:19
INDEX er
COMP P. at ef,'D/#9 M and recorded !n
rry P. Burger, City Clerk PAGED �' Book a3 7
Page oZ 7
QoP,t-rNto-
R corder
Fee d d
any 237 PAGE 275 ��®
' �1 r /w 1/•5—
STATE OF IOWA, I, Robert J . McCoy
Black Hawk County, 5 Publisher of the Waterloo Louvier
a daily newspaper printed in the English
language and published in Waterloo, Black Hawk County, Iowa do solemnly swear that
the anne' (ql OWNER shall mean one or more
persons, jointly or severally,In whom Lin an�g__1y Q,,. 3121
is vested il) all or port of the legal
title to property;or (2)all or part of ce was published in the English language only neguiacnly
the beneficial ownership and a right to
present use and enezyment of the
ORDINANCE AMENDING
premises, and the term includes a a g V)* k 6V6ifif4
AN ORDINANCE AMENDING THE mortgagee in possession. TOZ c
CODE OF ORDINANCES OF THE In PERSON shall mean any
CITY OF WATERLOO, IOWA, BY individual, firm, corporation, mencing on the 9 i h dayof
REPEALING CHAPTER 1 9, •association, partnershi trust, or 8nSl1C x 19 $�_
p
HOUSING, IN ITS ENTIRETY AND estate.
ENACTING IN LIEU THEREOF (s) REGULAR INSPECTION shall J a n u a ry 9,1981
NEW CHAPTER 19,HOUSING, mean not more than once a year and .'e issues of
BE IT ORDAINED by the City ref less than every five years. 1
Council of the City of Waterloo, Iowa, (t) ROOMING HOUSE shall mean I
that: any dwelling, or that part of any of said newspaper, and
Chapter 19, Housing,Ct,y f the Code of dwelling, containing onec or more the annexed rate of advertising is the regular legal rate of
Ordinances of the Cit of Waterloo, roomingunits,In which space is let by
Iowa, is hereby repealed in its the owner or operator to three (3)or
entirety; that new Chapter 19, more roomers. Occupants of units newspaper, and that the following is a correct bill for pub-
Housing, is hereby enacted in lieu specifically designated as dwelling
thereof as follows: units within a rooming house shall not Lag said notice.
"Chapter 19 be included in the roomer count.
HOUSING (u) ROOMING UNIT shall mean i] Q Q �1 Sec.19-1.Title. any habitable room or group of Printer's Bill $_� -1 Q.. ()
This Ordinance shall be known as adjoining habitable rooms located
the Housing Code of the City of within a dwelling and forming a single
.Waterloo, Iowa, and will be cited as unit with facilities which are used,or
the City Housing Code and may be intended to be used, primarily for"
referred to herein as"this Code." living and sleeping. A rooming unit
Sec.19.2.Purpose. shall have bath and toilet facilities
The purpose of this code is to available for exclusive use by the `~ "
provide n-iinimum standards to occupant(s)or for communal use and, Subscribed and sworn to before me this 9 t h- day
safeguard life, limb,health, property in addition, may have kitchen and'
and public welfare by regulating and dining facilities available for use by January 81
• controlling the use and occupancy, the occupant(s). "- A. Dr 19 location and maintenance of all (v)SUBSTANDARD shall mean any
residential buildings and structures unit which does not meet any or all of
within this jurisdiction, and to the standards or criteria as set out in .. •
'establish a program of regular rental this Chapter. ---- -
inspections. (w) TOILET shall mean a water 6` Notary Public
Sec.19.3.Application. closet,with a bowl and trap made in
(a)The provisions of this code shah one piece,which is of such shape and
apply to all buildings or portions form and which holds a sufficient Received of
thereof used,or designed or intended quantity of water so that no fecal
to be used,for human habitation.Such matter will collect on the surface of Sum of
occupancies in existing buildings may the bowl and which is equipped with a DOl lar$
be continued as provided in Section flushing rim or flushing rims. 11
104 (c) of the Building Code, except Sec.19-7.Enforcement Authority. 11 for publication of the above notice.
such structures as are found to be The Building Official is hereby
substandard as defined in this code. authorized and directed to enforce all
(b) Where any building or portia.; of the provisions of this code.For such
thereof is used or intended to be used purposes,he shall have the powers of I
as a combination apartment aiawenforcementofficer. Publishers
house-hotel,the provisions of this code Sec. 19-8. House File 2536 included r
shall apply to the separate portions as herein.
If they were separate buildings. It shall be the intent of this code to
(c) Every rooming house or lodging comply with all parts of House File ,
house shall cornoie with all the- 7;36 as enacted 6' e..
requirements of this code for Assembly of the State or .ewe which
dwellings, except where specifically" by intent becomes a port of this code (
' excluded. Sec.19-9.Regular rental inspections.
�_ Sec.19-4.Alteration. _ •Q I insert nn nil rents'
STATE OF I O W A, I, Robert J . B.0 C Qy
5S Publisher of the l`
Black Hawk County, 111At�tlo0 �,ll�l����
a daily newspaper printed in the English
language and published in Waterloo, Black Hawk County, Iowa do solemnly swear that
the annexed copy of Ordinance N o . 3121
the City Council to establish a
self-supported municipal improvement notice was published in the English language only ifegRlaly
district (the "Proposed District") in
accordance with the Act,to establish a
self-supported municipal improvement once a _•_x,#aoj otatmoilixv)P
district operation fund with respect to -
the Proposed District and in
h____ day of -D-e-ce-mb•e-r 19 _g.a
accordance with the Act and to levy commencing on the 1.2t
an annual tax for each of such fund in
accordance with the Act;and rr��
WHEREAS, the petition was in all in the issue of De c e m b e r 12i___1Q$0
ways in complete compliance with the I
provisions of the ACT;and
WHEREAS, upon receipt of such of said newspaper, and
.petition, the City Council did on the
2nd day of September,1980,refer such petition to the City Plan and Program that the annexed rate of advertising regularlegal the le al rate of
Co
mmission in accordance with the
Act with said newspaper, and that the following is a correct bill for pub-
Act instructions to such
commission to prepare an evaluative
report of the Council on the merits and lishing said notice.
fesibility of the project proposed in the
petition;and Printer's Bill $ S., 0X 8
WHEREAS, the City Plan and
Program Commission has filed with
the City Council such evaluative
report on the merits and fesibility of
the project proposed in the petition,all - -
in accordance with the Act;and
WHEREAS,subsequent to the filing
of the aforementioned report, the Subscribed and sworn to before me this _'th day
Council did set the 8th day of J
December, 1980,at 7:00 o'clock p.m.,
at City Hall,Council Chambers,in the of DeL-e.nb ex A. D., 19 __g•p
City, as the time and place for a --• --
meeting at which it proposed to take
action for the establishment of the
Proposed District and did in -
accordance with the Act publish notice Notary Public
of such meeting as provided in Section
362.3 of the Code of Iowa, and the
Clerk did mail written notice of such Received of
meeting to each owner of property
within the Proposed District, which
notice wos mailed to such property the sum of Dollars
owners by certified mail not less than
fifteen(15)days before.such meeting;
and in full for publication of the above notice.
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 Publishers.
City desiring to express their views
with respect to the establishment of
the Proposed District;and
WHEREAS, no petition has been
filed with the City Clerk containing the
CM 1 3 3 signatures of at least forty (40)
ORDINANCE NO. �j / ,c '
AN ORDINANCE ESTABLISHING THE DOWNTOWN SELF-SUPPORTED MUNICIPAL IMPROVEMENT
DISTRICT PURSUANT TO THE PROVISIONS OF SENATE FILE 356 OF THE ACTS OF THE
66TH GENERAL ASSEMBLY, 1976 SESSION, 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 Code of Iowa, 1975,
as amended, and is authorized by Senate File 356 of the Acts of the 66th
General Assembly of the State of Iowa, 1976 Section (the "Act") 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 City Clerk on the 2nd day of September,
1980, a petition petitioning the City Council to establish a self-supported
municipal improvement district (the "Proposed District") in accordance with
the Act, to 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 2nd
day of September, 1980, refer such petition to the City Plan and Program
Commission in accordance with the Act with instructions to such commission to
prepare an evaluative report for the Council on the merits and feasibility of
the project proposed in the petition; and
WHEREAS, the City Plan and Program 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 wtih the Act; and
WHEREAS, subsequent to the filing of the aforementioned report, the
Council did set the y day of 1980, 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 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 establishment of the Proposed
District; and
WHEREAS, no petition has been filed with the City Clerk containing the
signatures 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
establishing the district withdrawn fromCouncil consideration; 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
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 '§elf-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:
Commencing at the intersection of Franklin Street and East Third Street,
thence southeasterly along Franklin Street to the Chicago and Great
Western Railroad tracks between East Sixth and East Seventh Streets,
thence southwesterly along the Chicago and Great Western Railroad
tracks to Jefferson Street; thence northwesterly along Jefferson
Street to West Fifth Street; thence southwesterly along West Fifth
to the alley between Bluff Street and Jefferson Street; thence
northwesterly along the alley to West Third Street; thence north-
easterly along Third Street to the point of beginning.
Section 3. That it is hereby found and determined that the owners of
all of the 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, 1981, 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 Twenty Five
Cents ($1.25) 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 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.
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.
PASSED AND APPROVED THIS — day of D Qc m to c,r , 1980.
(77eL -Cper(
Leo P. Rooff, Mayor
ATTEST:
L P. Burge City Clerk
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