HomeMy WebLinkAbout5343-4/4/2016Prepared by Chris Wendland, City Attorney, City of Waterloo, 715 Mulberry Street, Waterloo,
IA 50703, (319) 291-4323.
ORDINANCE NO. 5343
AN ORDINANCE AMENDING ORDINANCE NOS. 4204, 4708, AND 5249,
PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND
COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE
AMENDED MARTIN ROAD DEVELOPMENT 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 MARTIN ROAD DEVELOPMENT PROJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA AS FOLLOWS:
WHEREAS, the City Council of the City of Waterloo, Iowa has heretofore, in Ordinance Nos.
4204, 4708, and 5249, provided for the division of taxes within the Martin Road Development Plan
Project Area, pursuant to Section 403.19 of the Code of Iowa; and
WHEREAS, additional territory now has been added to the Martin Road Development 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
Martin Road Development Plan, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WATERLOO, IOWA THAT:
Ordinance Numbers 4204, 4708 and 5249, 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 Martin Road
Development Plan Area approved by Resolution No. 1996-673 adopted on October
7, 1996, which Original Project Area includes the lots and parcels located within the
area legally described as follows:
Part of Section 32, Township 89 North, Range 13 West, and Section 33,
Township 89 North, Range 13 West, City of Waterloo, Black Hawk County, Iowa,
described as follows: Beginning at a point on the east line of said Section 32 that is
four hundred twenty (420) feet south of the northeast corner of the northeast quarter
of the southeast quarter of said Section, thence south along said east line to its
intersection with the northerly right-of-way line of Martin Road, thence northeasterly
Ordinance No. 5343
Page 2
and easterly along said right-of-way line and an extension thereof to its intersection
with the centerline of U.S. Highway 63, thence southwesterly along said centerline
to its intersection with the south line of Section 33, thence westerly along the south
line of Sections 33 and 32 to the southwest corner of the southeast quarter of the
southeast quarter of Section 32, thence north to the southwest corner of the northeast
quarter of the southeast quarter of said Section 32, thence northeasterly to a point
that is nine hundred ninety (990) feet east of and six hundred seventy five (675) feet
north of the southwest corner of the northeast quarter of the southeast quarter of said
Section 32, thence continuing northeasterly to the point of beginning.
(b) Amendment No. 1 Area shall mean that portion of the City of Waterloo, Iowa
described in Amendment No. 1 to the urban renewal and redevelopment plan for the
Martin Road Development Plan Area approved by Resolution No. 2004-522, adopted
on August 9, 2004, which Amendment No. 1 Area includes the lots and parcels
located within the area legally described as follows:
Beginning at the point of intersection of the centerline of U.S. Highway 63
(Sergeant Rd.) and the North line of the Southeast 1/4 of the Southwest 1/4 of Section
33, Township 89 North, Range 13 West, thence East along the North line of said
Southeast 1/4 of the Southwest 1/4 of said Section to the Southeasterly right-of-way
line of U.S. Highway 63 (Sergeant Rd.), thence Southwesterly along said right-of-
way to its intersection with the West line of the Southeast 1/4 of the Southwest 1/4 of
said Section, thence South 89°50'15" East a distance of 432.65', thence South
1°40'30" East to the South line of said Section, thence West along said South line to
the point where it would intersect the Northerly extension of the East line of Tract A
of Kingswood Second Addition to Waterloo, thence South along the extension of
and the East line of Tract A to the Northwest corner of Lot 15, Kingswood First
Addition, said point also being a point on the Easterly line of Lot 6 of South
Waterloo Commercial Park, thence Southeasterly following the Easterly line of said
Lot 6 to the most Southeasterly corner of said lot, thence Southwesterly and
Westerly along the South line of said lot to an angle point on the South line of said
Lot 6, which is also a point on the West line of Section 5, Township 88 North, Range
13 West, thence South along the West line of said Section to the North line of the
Southeast 1/4 of the Southeast 1/4 of Section 6, Township 88 North, Range 13 West,
thence West along the North line of the Southeast 1/4 of the Southeast 1/4 and the
North line of the Southwest 1/4 of the Southeast 1/4 to a point on the Northwesterly
right-of-way line of the Chicago Great Western Railroad (now abandoned), thence
South 35°31'30" West 850.21 feet along said line, thence North 72°26'10" West
1005.02 feet, thence Westerly 637.85 feet along a 7,789.65 foot radius curve,
concave Southerly, having a chord bearing North 75°14'03" West 637.67 feet, thence
North 77°34'36" West 835.86 feet, thence North 06°19'51" East 32.15 feet to the
South line of the Northwest 1/4 of the Southwest 1/4 of Section 6, Township 88 North,
Range 13 West, thence East along said line to the West line of the Northeast 1/4 of the
Southwest 1/4 of said Section, thence North along the West line of the Northeast 1/4 of
the Southwest 1/4 to the North line of the Northeast 1/4 of the Southwest 1/4 of said
Section, thence East along said North line to a point on the East line of the West 440
feet of the East one-half of the Northwest fractional 1/4 of said Section, thence North
along the East line of the West 440 feet of the East one-half of the Northwest
fractional 1/4 to the North line of said Section 6, thence East along the North line of
said Section 6, which is also the South line of Section 32, Township 89 North, Range
13 West, to the West line of the East 475 feet of the Southwest 1/4 of the Southeast 1/4
of Section 32, thence North 790 feet along said West line, thence East 475 feet to the
West line of the Southeast 1/4 of the Southeast 1/4 of said Section, thence South along
the West line of the Southeast 1/4 of the Southeast 1/4 to the South line of Section 32,
Ordinance No. 5343
Page 3
(0)
thence East along the South line of Section 32, Township 89 North, Range 13 West,
and Section 33, Township 89 North, Range 13 West, to the centerline of U.S.
Highway 63 (Sergeant Rd.), thence Northeasterly along said centerline to the point
of beginning, all in the City of Waterloo, Black Hawk County, Iowa.
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
Martin Road Development Plan Area approved by Resolution No. 2014-903, adopted
on October 27, 2014, which Amendment No. 2 Area includes the lots and parcels
located within the area legally described as follows:
Beginning at the intersection of the North line of the Southeast 1/4 of the
Southwest 'A of Section 33, Township 89 North, Range 13 West and the
Southeasterly right-of-way line of U.S. Highway 63 (Sergeant Road); thence
Southwesterly along said right-of-way to its intersection with the West line of the
Southeast 1/4 of the Southwest 1/4 of said Section 33; thence South 89°50'15" East a
distance of 432.65'; thence South 1°40'30" East to the South line of said Section;
thence East along said South line to the Southeast corner of the Southeast 1/4 of the
Southwest 1/4 of said Section 33; thence North along the East line of said Southeast 1/4
of the Southwest'' /4 of Section 33 to the Northeast corner of the said Southeast 1/4 of
the Southwest 1/4 of Section 33; thence West along the North line of said Southeast 1/4
of the Southwest 1/4 of Section 33 to the point of beginning;
And also: Beginning at a point on the Northwesterly right-of-way line of the
Chicago Great Western Railroad (now abandoned) that is South 35°31'30" West
850.21 feet from a point on said Northwesterly right-of-way line that intersects the
North line of the Southwest 1/4 of the Southeast 1/4 of Section 6, Township 88, Range
13; thence South to the centerline of U.S. Highway 20 as presently established;
thence Southeasterly along the centerline of U.S. Highway 20 as presently
established to its intersection with the East line of Section 7, Township 88 North,
Range 13 West; thence Southerly along the East line of said Section 7 to a point that
is 745.6 feet South of the Northeast corner of said Section 7; thence West 70.6 feet;
thence South 419.6 feet; thence Southerly 265.5 feet along a 407.5' radius curve
concave Westerly having a chord bearing South 18°40' West 260.8 feet; thence
South 37°20' West 149.5 feet; thence North 52°17.5' West 643.0 feet; thence South
37°42' West 450 feet; thence continuing South 37°42' West to the Southeasterly
most corner of the following described parcel; the North 17.06 acres of the South 1/2
of the Northeast 1/4 of Section 7, Township 88 North, Range 13 West located West of
road, and except that part of Timberline Patio Homes plat bounded as follows:
commencing at a point on the centerline of West 4th Street which is 626.32 feet
Southwest of the intersection of said centerline with the East line of said Section 7,
thence North 89°30' West 881.76 feet, thence North 37°21'30" East 837.49 feet,
thence South 52°38'30" East 710 feet, thence Southwesterly along the centerline of
West 4th Street to the point of beginning, and except Highway, and except that part
of the Northeast 1/4 of said Section 7 described as follows: beginning at a point on the
West line of said Northeast I/4 which is 1,218 feet South of the Northwest corner of
said Northeast 1/4, thence North 78°47'45" East 208.37 feet, thence South 35°6' 15"
West 352.10 feet to the West line of said Northeast 1/4, thence Northwest to the point
of beginning, and except that part platted as Ekho Ridge Addition; thence
Northwesterly along the Southwesterly line of said described parcel to its
intersection with the West line of the Northeast 1/4 of said Section 7; thence
Southerly along the West line of the Northeast 1/4 of said Section 7 to the center of
said Section 7; thence South 89°46'50" West 99.19 feet along the North line of the
Southwest 1/4 of said Section 7; thence South 665.54 feet to the Westerly most corner
Ordinance No. 5343
Page 4
of Lot 3 of Nottingham Heights Addition; thence Westerly along the South line of
the North 1/2 of the North 1/2 of the Southwest '/4 of said Section 7 to the Northeast
corner of Lot C-1 of Southland Park Third Addition; thence Southeasterly along the
Northeasterly line of said Lot C-1 to the Easterly most corner of said Lot C-1; thence
southwesterly along the Southeasterly line of said Lot C-1 and an extension of the
Southeasterly line of said Lot C-1 to the centerline of Charm Drive; thence
Northwesterly, Westerly, and Southwesterly along the Centerline of Charm Drive to
its intersection with a point on the Southwest line of Southland Park 4th Addition;
thence Northwesterly and Northeasterly following the Southwesterly lines of
Southland Park 4th Addition to the Southerly most corner of Lot C-8 of said
addition; thence Northwesterly along the Southwesterly line of said Lot C-8 to the
Westerly most corner of said Lot C-8; thence Southwesterly along the Southeasterly
right-of-way line of U.S. Highway 63 to the Northerly most corner of the following
described parcel: Unplatted Waterloo West, a part of the Southwest 1/4 of Section 7,
Township 88 North, Range 13 West, beginning at a point on the West line of said
Section 7 which is 1,066.45 feet North of the Southwest corner of said Section 7,
thence North 36°2' East 44 feet, thence South 53°58' East 500 feet, thence South
36°2' West 344 feet, thence North 53°58' West 281.77 feet to the West line of said
Section 7, thence North 370.98 feet to the point of beginning; thence Southeasterly
along the Northeasterly line of said described parcel to the Easterly most corner of
said described parcel; thence Southwesterly along the Southeasterly line of said
described parcel to the Southerly most corner of said described parcel; thence South
53°58' East a distance of 107.59'; thence South 35°16'20" West a distance of
139.64'; thence Southwesterly in a straight line to a point on the West line of said
Section 7 that is 33 feet North of the Southwest corner of said Section 7; thence
South 33' to the Southwest corner of said Section 7; thence Westerly along the South
line of Section 12 of Township 88 North, Range 14 West to the intersection of the
South line of said Section 12 and a line 1,000' Northwesterly of and parallel to the
Northwesterly right -of- way line of the Chicago Great Western Railroad (now
abandoned); thence Northeasterly 935 feet along said parallel line; thence
Southeasterly at a right angle 500 feet; thence Northeasterly at a right angle 878.6
feet; thence Northwesterly at a right angle to the North line of the South 1/2 of the
Southeast 1/4 of said Section 12; thence continuing Northwesterly along the last
bearing to the intersection with a line 1,000' Northwesterly of and parallel to the
Northwesterly right-of-way line of the Chicago Great Western Railroad (now
abandoned); thence Northeasterly along said parallel line to its intersection with the
Northeasterly right-of-way line of the Cedar Falls Branch Line of the C NW
Transportation Co. (now abandoned); thence Northwesterly along said Northeasterly
right-of-way line to its intersection with the North line of the Northeast '/4 of the
Southeast '/4 of Section 12, Township 88 North, Range 14 West; thence East along
said North line and the North line of the Northwest 1/4 of the Southwest 'A of Section
7, Township 88 North, Range 13 West to its intersection with the Northwesterly
right-of-way line of the Chicago Great Western Railroad (now abandoned); thence
Northeasterly along said Northwesterly right-of-way line to the centerline of
Ranchero Road as presently established; thence Northwesterly and Westerly along
said centerline of Ranchero Road to the Southwest corner of Section 6, Township 88
North, Range 13 West; thence Northerly along the West line of said Section 6 to the
Northwest corner of the Southwest fractional 1/4 of the Southwest fractional 'A of said
Section 6; thence North 89°42'54" East a distance of 818.14 feet; thence South
06°19'51" West a distance of 32.15 feet; thence South 77°34'36" East a distance of
835.86 feet; thence Easterly 637.85 feet along a 7,789.65 foot radius curve, concave
Southerly, having a chord bearing South 75°14'03" East 637.67 feet; thence South
72°26' 10" East 1005.02' to the point of beginning.
Ordinance No. 5343
Page 5
(d) March 2016 Additions Area shall mean that portion of the City of Waterloo,
Iowa described in an Amendment to the urban renewal and redevelopment plan for
the Martin Road Development Plan Area approved by Resolution No. 2016-197
adopted on March 21, 2016, which Amendment Area includes the lots and parcels
located within the area legally described as follows:
Parcel "D" according to Plat of Survey filed on 1/28/2015 as Doc. No. 2015-12088,
as described as: That part of the Southwest Quarter (SW'/4) of the Southeast Quarter
(SE'/4) of Section Thirty-three (33), Township Eighty-nine North (T89N), Range
Thirteen West (R13 W) of the Fifth Principal Meridian, Waterloo, Black Hawk
County, Iowa, described as follows: Beginning at the Southwest corner of aforesaid
Southwest Quarter (SW'/4) of the Southeast Quarter (SE'/4); thence N01 °52'25"W
Thirty-three (33.00) feet along the West line of said Southwest Quarter (SW1/4) of the
Southeast Quarter (SF) to the North Right -of -Way line of Ridgeway Avenue;
thence N01 °53'44"W Six Hundred Twenty-four and Twenty-six Hundredth (624.26)
feet still along said West line to the Southeast corner of Parcel "K", Document No.
2003-27008 in the Black Hawk County Recorder's Office; thence N01°37'11"W Six
Hundred Sixty-seven and Fifty-two Hundredths (667.52) feet along the East line of
said Parcel "K" to the Northwest corner of aforesaid Southwest Quarter (SW1/4) of
the Southeast Quarter (SE1/4), which is also on the South line of Jane Addition;
thence N89° 14'00"E Two Hundred Ninety-five and Eighty-eight Hundredths
(295.88) feet along the South line of said Jane Addition to the Southeast corner of
said Jane Addition; thence S01 °45'23"E One Thousand Three Hundred Twenty-four
and Sixteen Hundredths (1324.16) feet to the South line of aforesaid Southwest
Quarter (SW1/4) of the Southeast Quarter (SE3/4); thence S89°06'56"W Two Hundred
Ninety-five and Eighty-eight Hundredths (295.88) feet along said South line 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, Amendment No. 1 Area, Amendment No.
2 Area, and March 2016 Additions Area, as each is legally described in paragraphs
(a), (b), (c) and (d) above.
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, 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, 1995, being the first day of the calendar
year preceding the effective date of Ordinance No. 4204, 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, 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. 4708.
As to the 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, 2013, being the assessment roll
Ordinance No. 5343
Page 6
applicable to property in such area as of January 1 of the calendar year preceding the effective date of
Ordinance No. 5249.
As to the March 2016 Additions 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, 2015, 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 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. 4204, as amended by Ordinance No.
4708 for the addition of the Amendment No. 1 Area, as amended by Ordinance No. 5249, for the addition
of the Amendment No. 2 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 March 2016 Additions 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: March 21, 2016
PASSED FIRST CONSIDERATION: March 21, 2016
PASSED SECOND CONSIDERATION: March 28, 2016
PASSED THIRD CONSIDERATION: April 4, 2016
Ordinance No. 5343
Page 7
PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa on the 4`I' day of
April, 2016, and approved by the Mayor on the 4th day of April, 2016.
ATTEST:
Kelley Felc
eputy City Clerk
Quentin M. Hart, 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. 5343, as passed and adopted by the
Council of the City of Waterloo, Iowa, on the 4th day of April, 2016.
Witness my hand and seal of office this 4th day of April, 2016.
KelleY Fe
SEAL
hle, Deputy City Clerk