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HomeMy WebLinkAbout5814-11.03.2025.docDocusign Envelope ID: 2A40818A-4C04-4B05-8CFC-A57BAE9A7CF0 Prepared by Austin J. McMahon, City Attorney, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5814 AN ORDINANCE AMENDING ORDINANCE NO. 4708, PROVIDING THAT GENERAL PROPERTY TAXES SHALL NO LONGER BE DIVIDED ON CERTAIN PROPERTY LOCATED WITHIN THE AMENDED MARTIN ROAD DEVELOPMENT AREA OF THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA (REMOVING MARTIN ROAD AMENDMENT NO. 1 AREA FROM DIVISION OF TAXES EFFECTIVE JULY 1, 2026. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: WHEREAS, the City Council of the City of Waterloo, State of Iowa, has heretofore, in Ordinance 4708, provided for the division of taxes within the Amended Martin Road Development Plan Area, the Martin Road Amendment No. 1 Area, pursuant to Iowa Code Section 403.19; and WHEREAS, the City Council of the City of Waterloo has determined that in order to fulfill the purposes, objectives and projects for the Urban Renewal Area, and comply with the Urban Renewal Law, certain portions of the Urban Renewal Area must be removed from Ordinance No. 4708 and no longer subject to the division of taxes under Section 403.19 of the Code of Iowa. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: SECTION 1. That, as of July 1, 2026, the following portion (the "Martin Road Amendment No. 1 Area, as Amended" or the "Removed Property") of the Martin Road Development Plan Area shall be removed from the application of Ordinance 4708, and shall no longer be subject to the division of taxes under Section 403.19 of the Code of Iowa described in said Ordinance: 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 Docusign Envelope ID: 2A40818A-4C04-4B05-8CFC-A57BAE9A7CF0 Ordinance No. 5814 Page 2 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, 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. Except the following areas removed from the Amendment No. 1 area by Amendment No. 4 (2016): Beginning at the point of intersection of the Southeasterly right-of-way line of U.S. Highway 63 (Sergeant Rd.) and the West line of the Southeast 1/4 of the Southwest 1/4 of Section 33, Township 89 North, Range 13 West, 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 Southeasterly right-of-way line of U.S. Highway 63 (Sergeant Rd.), thence Northerly and Northeasterly along said Southeasterly right-of-way line to the point of beginning Also except beginning at a point on the East line of Lot 16 of Kingswood Second Addition that is 250 feet North of the South line of said Lot 16, thence Southerly and Southeasterly along the East line of said Lot 16 and the East line of Lot 6 of South Waterloo Commercial Park to the Easterly most corner of said Lot 6, thence Southwesterly and Westerly along the South line of said Lot 6 to its intersection with the East line of Section 6, Township 88 North, Range 13 West, thence South along the East line of Section 6 to the Northeast corner of the Southeast 1/4 of the Southeast 1/4 of Section 6, thence West along the North line of the Southeast 1/4 of the Southeast 1/a of Section 6 to the Southeasterly right-of-way line of U.S. Highway 63 (Sergeant Rd.), thence Northeasterly along the Southeasterly right-of-way line of U.S. Highway 63 (Sergeant Rd.) to the Northerly most corner of Lot 3 of South Waterloo Commercial Park, thence Southeasterly along the Northeasterly line of said Lot 3 and an extension of the Northeasterly line of said Lot 3 to its intersection with the Northwesterly line of Lot 6 of South Waterloo Commercial Park, thence Northeasterly along the Northwesterly line of said Lot 6 and the Northwesterly line of Lot 16 of Kingswood Second Addition to its intersection with a line that is 250 feet North of the South line of said Lot 16, thence East along a line that is 250 feet North of the South line of said Lot 16 to the point of beginning. Also except beginning at the Southerly most corner of Greenbelt Centre Plat No. 6, thence Southwesterly along the Northwesterly right-of-way line of the Chicago Great Western Railroad (now abandoned) to its intersection with the Northeasterly right-of-way line of Greyhound Drive, thence Northwesterly and Northerly along the Northeasterly and Easterly right-of-way line of Greyhound Drive to the Southwest corner of Greenbelt Centre Plat No. 3, thence East along Docusign Envelope ID: 2A40818A-4C04-4B05-8CFC-A57BAE9A7CF0 Ordinance No. 5814 Page 3 the South line of Greenbelt Centre Plat No. 3 and the South line of Greenbelt Centre Plat No. 5 to the Southeast corner of Greenbelt Centre Plat No. 5, thence South and Southwest along the Westerly and Northwesterly right-of-way line of Titan Trail to the Westerly most corner of Greenbelt Centre Plat No. 2, thence Southeast along the Southwest line of Greenbelt Centre Plat No. 2 to the Northerly most corner of Greenbelt Centre Plat No. 6, thence Southwesterly along the Northwesterly line of Greenbelt Centre Plat No. 6 to the Westerly most corner of Greenbelt Centre Plat No. 6, thence Southeasterly along the Southwesterly line of Greenbelt Centre Plat No. 6 to the point of beginning Also except beginning at the Southwest corner of the Northeast 1/4 of the Southwest 1/4 of Section 6, Township 88 North, Range 13 West, thence North along the West line of the Northeast 1/4 of the Southwest 1/4 of said Section 6 to the Northwest corner of the Northeast 1/4 of the Southwest 1/4 of said Section 6, thence East along the North line of the Northeast 1/4 of the Southwest 1/4 and the Northwest 1/4 of the Southeast 1/4 of said Section 6 to the Westerly right-of-way line of Greyhound Drive, thence Southerly along the Westerly right-of-way line of Greyhound Drive to its intersection with the South line of the Northwest 1/4 of the Southeast 1/4 of said Section 6, thence West along the South line of the Northwest 1/4 of the Southeast 1/4 and the South line of the Northeast 1/4 of the Southwest 1/4 of said Section 6 to the point of beginning Also except the East 1/2 of the Northwest Fractional 1/4 of Section 6, Township 88 North, Range 13 West lying Easterly of the Westerly 440 feet of said Northwest Fractional 1/4 and that part of the Northeast Fractional 1/4 of said Section 6 lying Westerly of the Westerly right-of-way line of Greyhound Drive, but not excepting the portion of the above described area platted as Lot 1 and Tract A of Greenbelt Centre Plat No. 1, and not excepting the portion of the above described area platted as Lot 2 of Greenbelt Centre Plat No 4. Also except Lot 1 of Greenbelt Centre Plat No. 2. Also except Lot 2, Lot 3, and the portion of Lot 1 lying Easterly of the Westerly 150 feet of Lot 1 of Greenbelt Centre Plat No. 3. Also except Lots 1 thru 12 of Greenbelt Centre Plat No. 5. Also except Lot 1 of Deer Creek Plat No. 2. And also except that part of the Southwest 1/4 of the Southeast 1/4 of Section 32, Township 89 North, Range 13 West, described as beginning at the Southeast Corner of said Southwest 1/4 of the Southeast 1/4, thence West 475 feet, thence North 790 feet, thence East 475 feet, thence South 790 feet to the point of beginning. And except the following area removed from the Amendment No. 1 area by Amendment No. 7 (2025): The South Two Hundred Fifty (250.00) feet of Lot No. Sixteen (16), Kingswood Second Addition, Waterloo, Black Hawk County, Iowa. SECTION 2. That the City's collection of taxes divided under Iowa Code Section 403.19 on the Removed Property, as described above, shall continue through the end of the City's 2025-2026 fiscal year. SECTION 3. That all other portions of the Martin Road Development Plan Area shall be and remain, including those portions originally in the Amendment No. 1 Area that were removed and added to subsequent amendment areas; that the base value for the property remaining subject to the division of revenue shall remain unchanged by this Ordinance; and that except as amended herein, all other amendments to the Plan shall remain in full force and effect. SECTION 4. That nothing herein shall be interpreted as altering the boundaries or removing any property from the Martin Road Development Plan Area (for purposes of clarity, while the Removed Property is no longer subject to the division of revenue provided for in Iowa Code Section 403.19, the Removed Property remains a part of the Plan Area). SECTION 5. That if any section, provision or part of this ordinance shall be adjudged invalid or Docusign Envelope ID: 2A40818A-4C04-4B05-8CFC-A57BAE9A7CF0 Ordinance No. 5814 Page 4 unconstitutional, such adjudication shall not affect the validity of the ordinance or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 6. This Ordinance shall be in full force and effect upon its final passage, approval, and publication as required by law. INTRODUCED: November 3, 2025 PASSED 1st CONSIDERATION: November 3, 2025 PASSED 2nd CONSIDERATION: November 3, 2025 PASSED 3rd CONSIDERATION: November 3, 2025 PASSED AND ADOPTED this 3rd day of November 2025. DocuSigned by:hitt avAlitA, ATTEST: Signed by: K.[liy FeceCIe rrcoDcorrDc64AD... Kelley Felchle, City Clerk CERTIFICATE Quentin n art fayor 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. 5814 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 3rd day of November 2025. SEAL Witness my hand and seal of office this 20th day of November 2025. "—Signed by: W4 444! 0 0 V Kelley Feed& F6OBCOFFBC64A Kelley Felchle, CityClerk