HomeMy WebLinkAbout5777-11.18.2024 TIF ordinance 7 (removal) - San MarnanPrepared by Chris Wendland, City Attorney, City of Waterloo, 715 Mulberry Street, Waterloo,
Iowa 50703, (319)291-4323.
ORDINANCE NO. 5777
AN ORDINANCE AMENDING ORDINANCE NOS. 4351, 4748, 4956, 5431,
5432, 5507A, AND 5564 PROVIDING THAT GENERAL PROPERTY TAXES
LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED
WITHIN THE AMENDED SAN MARNAN URBAN RENEWAL AND
REDEVELOPMENT 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 SAN
MARNAN URBAN RENEWAL AND REDEVELOPMENT PROJECT.
WHEREAS, the City Council of the City of Waterloo, Iowa has previously, in Ordinance
Nos. 4351, 4748, 4956, 5431, 5432, 5507A, and 5564, provided for the division of taxes within
the San Marnan Urban Renewal and Redevelopment Plan Area, pursuant to Section 403.19 of the
Code of Iowa; and
WHEREAS, territory has now been removed from the San Marnan Urban Renewal and
Redevelopment Plan 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 said
Project Area, and the continuing needs of redevelopment within the amended Project Area are
such as to require the continued application of the incremental tax resources of the amended Project
Area; and
WHEREAS, the following enactment is necessary to accomplish the objectives described
in the San Marnan Urban Renewal and Redevelopment Plan, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WATERLOO, IOWA THAT:
Ordinance No. 5777
Page 2
Ordinance Numbers 4351, 4748, 4956, 5431, 5432, 5507A, and 5564 are 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 and redevelopment plan for the San Marnan
Urban Renewal and Redevelopment Plan Area approved by Resolution No.
1999-499 adopted on July 26, 1999, which Original Project Area includes the
lots and parcels located within the area legally 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 00°26'14" 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 89°03'48" 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 64°43'56" 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 51°28'16" 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
64°43'57" W a distance of 130.55 feet; thence N 89°03'48" 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 45°14'59" W a distance of
31.90 feet; thence S 00°26'14" E a distance of 346.22 feet; thence N 89°34'11"
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 00°26'14" 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 89°34'11"
W along said Northerly R-O-W a distance of 780.00 feet; thence N 00°26'14"
W a distance of 530.00 feet; thence S 89°34'11" E a distance of 750.00 feet;
thence N 00°26'14" W a distance of 367.24 feet; thence S 89°03'48" E a
distance of 30.01 feet to the point of beginning, all in the City of Waterloo,
Black Hawk County, Iowa.
Ordinance No. 5777
Page 3
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 00°26'14" E.
(b) Amendment No. 1 Area is an Expansion Area as defined in paragraph 1(i)
below and shall mean that portion of the City of Waterloo, Iowa described in
Amendment No. 1 to the urban renewal and redevelopment plan for the San
Marnan Urban Renewal and Redevelopment Plan Area approved by
Resolution No. 2004-835, adopted on December 13, 2004, which Amendment
No. 1 Area includes the lots and parcels located within the area legally
described as follows, as later modified to remove therefrom those portions of
the Removal Areas (defined in paragraph 1(i) below) situated therein:
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 45°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 45°26' 14"
East 52 feet to the point of intersection of Lot 1 and Tract A, thence South
54°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 3/4 of Section 10
Township 88 Range 13, thence South along the East line of the West 3/4 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
Ordinance No. 5777
Page 4
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 00°26'14" 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 89°03'48" 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 64°43'56" 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 51°28'16" 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
64°43'57" W a distance of 130.55 feet; thence N 89°03'48" 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 45°14'59" W a distance of
31.90 feet; thence S 00°26'14" E a distance of 346.22 feet; thence N 89°34' 11 "
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 00°26'14" 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 89°34'11"
W along said Northerly R-O-W a distance of 780.00 feet; thence N 00°26'14"
W a distance of 530.00 feet; thence S 89°34'11" E a distance of 750.00 feet;
thence N 00°26'14" W a distance of 367.24 feet; thence S 89°03'48" 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 00°26'14" E.
(c) Amendment No. 2 Area is an Expansion Area as defined in paragraph 1(i)
below and shall mean that portion of the City of Waterloo, Iowa described in
Amendment No. 2 to the urban renewal and redevelopment plan for the San
Marnan Urban Renewal and Redevelopment Plan Area approved by Resolution
No. 2009-912, adopted on September 14, 2009, which Amendment No. 2 Area
includes the lots and parcels located within the area legally described as
follows:
Ordinance No. 5777
Page 5
A parcel of land in the Northwest Quarter (NW 1/4) 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.
(d) Amendment No. 3 Removal Area is a Removal Area as defined in paragraph
1(i) below and shall mean that portion of the City of Waterloo, Iowa described
in an Amendment to the urban renewal and redevelopment plan for the San
Marnan Urban Renewal and Redevelopment Plan Area approved by Resolution
No. 2017-964, adopted on November 27, 2017, which Removal Area includes
the lots and parcels located within the area legally described as follows:
That part of above described Amendment No. 1 area located in Section 9
and 10 of T88 R13 lying Southerly of the centerline of US Highway 20.
AND
That part of the above described Amendment No. 1 area located in Section
8 of T88 R13, except that part of said Section 8 described as Beginning at the
intersection of the East line of the NE 1/4 of said Section 8 and an Easterly
extension of the South line of the parcel of land described in Land Deed Book
543, Page 141, in the Black Hawk County Recorder's Office; thence
S89°40'05"W 49.00'; thence continuing S89°40'05"W 188.62'; thence
S89°05'28"W to the Easterly right-of-way line of Galactic Drive; thence
Northerly along said Easterly right-of-way line and an extension of said
Easterly right-of-way line to the centerline of West San Marnan Drive; thence
Easterly along said centerline to a point that would intersect a Northerly
Ordinance No. 5777
Page 6
extension of the East line of said Section 8; thence Southerly along said
Northerly extension and the East line of said Section 8 to the Point of
Beginning
AND
That part of the above described Amendment No. 1 area described as
Beginning at the intersection of the centerline of West San Marnan Drive and
the Northerly extension of the West line of the Northeast 1/4 of the Northwest
1/4 of Section 9, T88 R13; thence Southerly along said Northerly extension and
said West line to the Northerly right-of-way line US Highway 20; thence
Easterly along said Northerly right-of-way line to the Southwest corner of Lot
1 of Tower Technology Park Plat No. 1; thence Northerly along the Westerly
line of said Lot 1 to the Northwest corner of said Lot 1; thence Northerly
along the Westerly most line of Tract A of Tower Technology Park Plat No. 1
to the Northwest corner of said Tract A that is on said Westerly most line of
said Tract A; thence Easterly along the Northerly right-of-way line of Fisher
Drive, as presently established, to a point that is N89°34'50"W 50.00' from
the Southwest corner of Lot 3 of Tower Park No. 5; thence NO°26'00"W
310.66' to the Southerly right-of-way line of Tower Park Drive, as presently
established; thence Easterly along said Southerly right-of-way line to a point
where a Southerly extension of the West line of Lot 2 of Tower Park No. 5
would intersect; thence Northerly along a Southerly extension of said West
line, along said West line, and along a Northerly extension of said West line to
the centerline of West San Marnan Drive; thence Westerly along said
centerline to the point where a Northerly extension of the Easterly line of Lot
1 of Tower Park No. 6 would intersect; thence Southerly along said Northerly
extension and said Easterly line to the Southeast corner of said Lot 1; thence
Westerly along the South line of said Lot 1 to the Southwest corner of said
Lot 1; thence Northerly along the Easterly right-of-way line of Hurst Drive
and a Northerly extension of said Easterly right-of-way line to the centerline
of West San Marnan Drive; thence Westerly along said centerline of West San
Marnan Drive to the Point of Beginning.
AND
That part of the above described Amendment No. 1 area described as: Lot
1, Tract A, and Tract B of Tower Park No. 4.
AND
That part of the above described Amendment No. 1 area described as: Lot
A and Lot 3 except the East 21.99 feet of Lot 3 of Country Club Business
Ordinance No. 5777
Page 7
Center Addition, and Lot 2 of Country Club Business Center Second
Addition, and Lot 3 of Country Club Business Center Third Addition.
(e) Amendment No. 4 Area is an Expansion Area as defined in paragraph 1(i)
below and shall mean that portion of the City of Waterloo, Iowa described in
an Amendment to the urban renewal and redevelopment plan for the San
Marnan Urban Renewal and Redevelopment Plan Area approved by Resolution
No. 2017-965, adopted on November 27, 2017, which Amendment Area
includes the lots and parcels located within the area legally described as follows,
as later modified to remove therefrom those portions of the Removal Areas
(defined in paragraph 1(i) below) situated therein:
That part of the above described Amendment No. 1 area located in Section
9 and 10 of T88 R13 lying Southerly of the centerline of US Highway 20.
AND
That part of the above described Amendment No. 1 area located in Section
8 of T88 R13, but not excepting that part of said Section 8 described as
Beginning at the intersection of the East line of the NE 1/4 of said Section 8
and an Easterly extension of the South line of the parcel of land described in
Land Deed Book 543, Page 141, in the Black Hawk County Recorder's
Office; thence S89°40'05"W 49.00'; thence continuing S89°40'05"W
188.62'; thence S89°05'28"W to the Easterly right-of-way line of Galactic
Drive; thence Northerly along said Easterly right-of-way line and an extension
of said Easterly right-of-way line to the centerline of West San Marnan Drive;
thence Easterly along said centerline to a point that would intersect a
Northerly extension of the East line of said Section 8; thence Southerly along
said Northerly extension and the East line of said Section 8 to the Point of
Beginning.
AND
That part of the above described Amendment No. 1 area described as
Beginning at the intersection of the centerline of West San Marnan Drive and
the Northerly extension of the West line of the Northeast 1/4 of the Northwest
1/4 of Section 9, T88 R13; thence Southerly along said Northerly extension and
said West line to the Northerly right-of-way line US Highway 20; thence
Easterly along said Northerly right-of-way line to the Southwest corner of Lot
1 of Tower Technology Park Plat No. 1; thence Northerly along the Westerly
line of said Lot 1 to the Northwest corner of said Lot 1; thence Northerly
along the Westerly most line of Tract A of Tower Technology Park Plat No. 1
to the Northwest corner of said Tract A that is on said Westerly most line of
Ordinance No. 5777
Page 8
(f)
said Tract A; thence Easterly along the Northerly right-of-way line of Fisher
Drive, as presently established, to a point that is N89°34'50"W 50.00' from
the Southwest corner of Lot 3 of Tower Park No. 5; thence N0°26'00"W
310.66' to the Southerly right-of-way line of Tower Park Drive, as presently
established; thence Easterly along said Southerly right-of-way line to a point
where a Southerly extension of the West line of Lot 2 of Tower Park No. 5
would intersect; thence Northerly along a Southerly extension of said West
line, along said West line, and along a Northerly extension of said West line to
the centerline of West San Marnan Drive; thence Westerly along said
centerline to the point where a Northerly extension of the Easterly line of Lot
1 of Tower Park No. 6 would intersect; thence Southerly along said Northerly
extension and said Easterly line to the Southeast corner of said Lot 1; thence
Westerly along the South line of said Lot 1 to the Southwest corner of said
Lot 1; thence Northerly along the Easterly right-of-way line of Hurst Drive
and a Northerly extension of said Easterly right-of-way lien to the centerline
of West San Marnan Drive; thence Westerly along said centerline of West San
Marnan Drive to the Point of Beginning
AND
That part of the above described Amendment No. 1 area described as: Lot
1, Tract A, and Tract B of Tower Park No. 4.
AND
That part of the above described Amendment No. 1 area described as: Lot
A and Lot 3 except the East 21.99 feet of Lot 3 of Country Club Business
Center Addition, and Lot 2 of Country Club Business Center Second
Addition, and Lot 3 of Country Club Business Center Third Addition.
AND
That part of the Southeast 1/4 of the Northeast 1/4 of Section 10, T88 R13,
lying Southerly of the centerline of US Highway 20, except the North 422 feet
of the South 678.5 feet of the East 218.4 feet of said Southeast 1/4 of the
Northeast 1/4, and except Parcel A, being part of the Northeast 1/4 of Section 10,
T88R13, pursuant to survey filed May 24, 2016 as Document No. 2016-
019901, and except Tract B of said Southeast 1/4 of the Northeast 1/4, recorded
as Land Deed 539, Page 330 in the Black Hawk County Recorder's Office.
Amendment No. 5 Area includes both a Removal Area and an Expansion Area,
each as defined in paragraph 1(i) below, and shall mean that portion of the City
of Waterloo, Iowa described in an Amendment to the urban renewal and
redevelopment plan for the San Marnan Urban Renewal and Redevelopment
Plan Area approved by Resolution No. 2019-518, adopted on July 8, 2019,
Ordinance No. 5777
Page 9
which Amendment Area, firstly, removes those parts of Lots 1 thru 24 of
Sunnyside South Addition lying within Section 8 of T88 R13 and, secondly,
includes as new area the lots and parcels located within the area legally
described as follows:
Beginning at the intersection of the centerlines of West San Marnan Drive
and Johnathan Street, thence Northerly along an extension of the centerline of
Johnathan Street to the Northerly right-of-way line of West San Marnan Drive
as presently established, thence Easterly along the present Northerly right-of-
way line of West San Marnan Drive to the centerline of Pheasant Lane, thence
Northerly along the centerline of Pheasant Lane to the centerline of
Brookeridge Drive, thence Easterly along the centerline of Brookeridge Drive
to the centerline of Kimball Avenue, thence Southerly along the centerline of
Kimball Avenue to its intersection with the Easterly extension of the North
line of Lot 5 of Tower Park, thence Westerly along the Easterly extension of
the North line of Lot 5 and the North line of Lot 5 of Tower Park to the
Northwesterly corner of said Lot 5, thence Southwesterly along the
Northwesterly line of said Lot 5 to the Southwesterly corner of Said Lot 5,
thence Northwesterly, Westerly and Northerly along the Southerly and
Westerly lines of Lot 4 of Tower Park to the Northwest corner of said Lot 4,
thence Westerly to the Northeast corner of Lot 3 of Tower Park, thence
N00°24'22"W 6.98 feet along an extension of the East line of said Lot 3,
thence N89°38'05"W 401.08 feet, thence N00°56'12"E 17.02 feet, thence
N89°03'48"W 258.97 feet, thence SOO°26'14"W 20 feet to the Northwest
corner of Lot 2 of Tower Park, thence due West to the centerline of Johnathan
Street, thence Northerly along the centerline of Johnathan Street to its
intersection with the centerline of West San Marnan Drive and the Point of
Beginning.
AND
Lot 1 of Anderson's Eighth Addition.
(g) Amendment No. 6 Area is an Expansion Area as defined in paragraph 1(i)
below and shall mean that portion of the City of Waterloo, Iowa described in
an Amendment to the urban renewal and redevelopment plan for the San
Marnan Urban Renewal and Redevelopment Plan Area approved by Resolution
No. 2020-522, adopted on July 13, 2020, which Amendment Area includes the
lots and parcels located within the area legally described as follows:
Ordinance No. 5777
Page 10
Beginning at the Southwest corner of the Southeast 1/4 of the Southeast 1/4 of
Section 10, T88N R13W; thence North 33 feet to the Northerly right-of-way
line of East Shaulis Road as presently established; thence Easterly along said
Northerly right-of-way line of East Shaulis Road to the West line of the
Southwest 1/4 of the Southeast 1/4 of Section 11, T88N R13W; thence Northerly
along said West line to the North line of said Southwest 1/4 of the Southeast 1/4;
thence Easterly along said North line of said Southwest 1/4 of the Southeast 1/4,
and the North line of the Southeast 1/4 of the Southeast 1/4 of said Section 11, and
an Easterly extension of the North line of said Southeast 1/4 of the Southeast 1/4
to the Easterly right-of-way line of Hess Road as presently established in
Section 12, T88N R13W; thence Southerly along said Easterly right-of-way
line of Hess Road to the Northerly right-of-way line of East Shaulis Road as
presently established; thence Westerly along said Northerly right-of-way line
of East Shaulis Road to the East line of Section 11, T88N R13W; thence
Southerly along the East line of said Section 11 and the East line of Section 14,
T88N R13W to the Southerly right-of-way line of East Shaulis Road as
presently established; thence Westerly along said Southerly right-of-way line
of East Shaulis Road to the West line of the Northeast 1/4 of the Northeast 1/4 of
Section 15, T88N R13W; thence Northerly along said West line to the
Northwest corner of the Northeast 1/4 of the Northeast 1/4 of said Section 15, said
point also being the Southwest corner of the Southeast 1/4 of the Southeast 1/4 of
Section 10, T88N R13W, and the Point of Beginning
AND
Beginning at the Southwest corner of Section 12, T88N R13W; thence
North 55 feet to the Northerly right-of-way line of East Shaulis Road as
presently established; thence Easterly along said Northerly right-of-way line of
East Shaulis Road and an Easterly extension of said Northerly right-of-way line
to the East line of said Section 12; thence Southerly along the East line of said
Section 12 and the East line of Section 13, T88N R13W to a point on the East
line of said Section 13 that is 600 feet South of the Northeast corner of said
Section 13; thence due West to the Southwesterly right-of-way line of East
Shaulis Road as presently established; thence Northwesterly along said
Southwesterly right-of-way line of East Shaulis Road to the West line of the
Northeast 1/4 of the Northeast 1/4 of said Section 13; thence Southerly along said
West line and the West line of the Southeast 1/4 of the Northeast 1/4 of said
Section 13 to the South line of the Northeast 1/4 of said Section 13; thence West
along said South line and the South line of the Northwest 1/4 of said Section 13
to the West line of said Section 13; thence North along the West line of said
Ordinance No. 5777
Page 11
Section 13 to the Northwest corner of said Section 13, said point also being the
Southwest corner of Section 12, T88N R13W, and the Point of Beginning.
(h) Amendment No. 7 Removal Area is a Removal Area as defined in paragraph
1(i) below and shall mean that portion of the City of Waterloo, Iowa described
in an Amendment to the urban renewal and redevelopment plan for the San
Marnan Urban Renewal and Redevelopment Plan Area approved by Resolution
No. 2024-698, adopted on November 18, 2024, which Amendment Area
includes the lots and parcels located within the area legally described as
follows:
(i)
Lot 8 of San Marnan Business Park First Addition.
AND
That part of the Northeast Quarter of Section 9, Township 88 North,
Range 13 West of the 5th P.M., Black Hawk County, Iowa, lying Westerly of
Johnathan Street and lying Northerly of Tower Park Drive and lying Southerly
of Parcel "G" of Plat of Survey Do. #2005-7650.
Amended Project Area shall mean that portion of the City of Waterloo, Iowa
included within:
(A) the Original Project Area (legally described in paragraph 1(a)
above), (B) the Amendment No. 1 Area (legally described in paragraph
1(b) above), (C) the Amendment No. 2 Area (legally described in
paragraph 1(c) above), (D) the Amendment No. 4 Area (legally
described in paragraph 1(e) above), (E) the Amendment No. 5 Area
(legally described in paragraph 1(f) above), and (F) the Amendment No.
6 Area (legally described in paragraph 1(g) above) (each of the
foregoing is an `Expansion Area");
as modified to remove therefrom those portions described as:
(G) the Amendment No. 3 Removal Area (legally described in
paragraph 1(d) above), (H) the Amendment No. 5 Removal Area
(legally described in paragraph 1(f) above), (I) the Amendment No. 7
Area (legally described in paragraph 1(h) above) (each of the foregoing
is a "Removal Area"); that are situated respectively in each of the
Expansion Areas and that were not added back to the Amended Project
Area by a later Expansion Area amendment.
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
Ordinance No. 5777
Page 12
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 provided in this Ordinance.
Section 3: As to the Original Project Area (which is unaffected by any later Removal
Areas), 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 of the assessed value of the taxable property in the Original Project Area as shown
on the assessment roll as of January 1, 1998, 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 the Amendment No. 1 Area that remains after removal therefrom of those parcels
situated within the Amendment No. 3 Removal Area and the Amendment No. 7 Removal 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, 2003, 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 the Amendment No. 2 Area (which is unaffected by any later Removal Areas), base
period taxes shall be computed in the same manner using the total assessed value shown on the
assessment roll as ofJanuary 1, 2008, 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. 4956.
As to the Amendment No. 4 Area that remains after removal therefrom of those parcels
situated within the Amendment No. 5 Removal Area and the Amendment No. 7 Removal 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, 2016, 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. 5432.
As to the Amendment No. 5 Expansion Area (which is unaffected by any later Removal
Areas), base period taxes shall be computed in the same manner using the total assessed value
shown on the assessment roll as ofJanuary 1, 2018, 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.
5507A.
As to the Amendment No. 6 Area (which is unaffected by any later Removal Areas), base
period taxes shall be computed in the same manner using the total assessed value shown on the
assessment roll as of January 1, 2019, 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. 5564.
Ordinance No. 5777
Page 13
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 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
under the provisions of Section 403.19 of the Code of Iowa, as authorized in Ordinance No. 4351,
as amended by Ordinance No. 4748 for the addition of the Amendment No. 1 Area, as amended
by Ordinance No. 4956 for the addition of the Amendment No. 2 Area, as amended by Ordinance
No. 5431 for the removal of the Amendment No. 3 Area, as amended by Ordinance No. 5432 for
the addition of the Amendment No. 4 Area, as amended by Ordinance No. 5507A for the
Amendment No. 5 Area (which includes both a Removal Area and an Expansion Area), as
amended by Ordinance No. 5564 for the addition of the Amendment No. 6 Area, and as amended
by this Ordinance No. 5777 for removal of the Amendment No. 7 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 foregoing areas 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
Ordinance No. 5777
Page 14
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: November 18, 2024
PASSED FIRST CONSIDERATION: November 18, 2024
PASSED SECOND CONSIDERATION: November 18, 2024
PASSED THIRD CONSIDERATION: November 18, 2024
PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa on the 18th
day of November, 2024, and approved by the Mayor on the 18th day of November, 2024.
aterdin �f�crE
Quentin M. Hart, Mayor
ATTEST:
Rlelley Felchle
Kelley Felchle, City Clerk
Ordinance No. 5777
Page 15
CERTIFICATE
I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the
preceding is a true and complete copy of Ordinance No. 5777, as passed and adopted by the
Council of the City of Waterloo, Iowa, on the 18th day of November, 2024.
Witness my hand and seal of office this 21 st day of November, 2024.
Kelley Felchle
Kelley Felchle, City Clerk
SEAL