HomeMy WebLinkAbout2022-12-19 I03 Towne Center Commercial URP_Ordinance_3RD READAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: December 19, 2022
AGENDA ITEM:Consideration of approval of an ordinance for the division of revenues
under Section 403.19, Code of Iowa, for Towne Center Commercial
Urban Renewal Plan [third (final) reading]
FORMAT:Ordinance
SYNOPSIS INCLUDING PRO & CON:
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the third reading of the ordinance in title only and place it on
final passage.
ATTACHMENTS: I. Proposed Ordinance
PREPARED BY:Becky Schuett
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
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ORDINANCE NO. __________
AN ORDINANCE PROVIDING THAT GENERAL PROPERTY
TAXES LEVIED AND COLLECTED EACH YEAR ON ALL
PROPERTY LOCATED WITHIN THE TOWNE CENTER
COMMERCIAL URBAN RENEWAL AREA, IN CITY OF
WAUKEE, COUNTY OF DALLAS STATE OF IOWA, BY AND
FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF
WAUKEE, COUNTY OF DALLAS, WAUKEE COMMUNITY
SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE
PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL
AND INTEREST ON LOANS, MONIES ADVANCED TO AND
INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE
ISSUED, INCURRED BY THE CITY IN CONNECTION WITH
THE TOWNE CENTER COMMERCIAL URBAN RENEWAL
AREA (THE TOWNE CENTER COMMERCIAL URBAN
RENEWAL PLAN)
WHEREAS, the City Council of the City of Waukee, State of Iowa, after public notice and
hearing as prescribed by law and pursuant to Resolution No. __________ passed and approved on
the 21st day of November, 2022, adopted an Urban Renewal Plan (the "Urban Renewal Plan") for
an urban renewal area known as the Towne Center Commercial Urban Renewal Area (the "Urban
Renewal Area"), which Urban Renewal Area includes the lots and parcels located within the area
legally described as follows:
PARCEL 'BB' OF THE E1/2 NE1/4 OF SECTION 34, TOWNSHIP 79 NORTH,
RANGE 26 WEST OF THE 5TH P.M., AN OFFICIAL PARCEL RECORDED IN
BOOK 2012, PAGE 22929 AT THE DALLAS COUNTY RECORDER'S
OFFICE, CITY OF WAUKEE, DALLAS COUNTY, IOWA EXCEPT WAUKEE
TOWNE CENTER PLAT 1, AN OFFICIAL PLAT RECORDED IN BOOK 2020,
PAGE 27825 AT THE DALLAS COUNTY RECORDER'S OFFICE AND
FURTHER EXCEPTING THE WARRANTY DEED AND ACQUISITION PLAT
RECORDED IN BOOK 2017, PAGE 23499 AT THE DALLAS COUNTY
RECORDER'S OFFICE, THAT IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SW CORNER OF SAID PARCEL 'BB'; THENCE
N00°00'05"E, 2109.31 FEET ALONG THE WEST LINE OF SAID PARCEL 'BB',
SAID WEST LINE ALSO COINCIDES WITH THE EAST LINE OF
WESTGATE PLAT 2, AN OFFICIAL PLAT RECORDED IN BOOK 850, PAGE
908 AT THE DALLAS COUNTY RECORDER'S OFFICE, TO THE NE
CORNER OF LOT 12 OF SAID WESTGATE PLAT 2, SAID NE CORNER
ALSO BEING ON THE SOUTH LINE OF LOT 'A' OF SAID WAUKEE TOWNE
CENTER PLAT 1 AND THE SOUTH RIGHT-OF-WAY LINE OF SE LAUREL
STREET AS IT IS PRESENTLY ESTABLISHED; THENCE
SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS
OF 25.00 FEET AND A CHORD BEARING S61°10'57"E, AN ARC LENGTH
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OF 27.49 FEET ALONG SAID SOUTH LINE AND SAID SOUTH RIGHT-OF-
WAY LINE, TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 363.00 FEET AND
A CHORD BEARING S59°59'20"E, AN ARC LENGTH OF 384.99 FEET
ALONG SAID SOUTH LINE AND SAID SOUTH RIGHT-OF-WAY LINE TO
A POINT OF TANGENCY; THENCE N89°37'39"E, 206.67 FEET ALONG SAID
SOUTH LINE AND SAID SOUTH RIGHT-OF-WAY LINE TO A POINT OF
CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE
RIGHT HAVING A RADIUS OF 303.00 FEET AND CHORD BEARING
S45°13'32"E, AN ARC LENGTH OF 477.50 FEET ALONG SAID SOUTH LINE
AND SAID SOUTH RIGHT-OF-WAY LINE TO A POINT OF TANGENCY;
THENCE S00°04'43"E, 393.79 FEET ALONG SAID SOUTH LINE AND SAID
SOUTH RIGHT-OF-WAY LINE TO A POINT; THENCE S89°44'09"E, 341.67
FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE NE CORNER
OF OUTLOT 'X' OF SAID WAUKEE TOWNE CENTER PLAT 1; THENCE
S44°54’27”E, 49.65 FEET THE EAST LINE OF SAID OUTLOT ‘X’ AND SAID
SOUTH RIGHT-OF-WAY LINE TO THE SE CORNER OF SAID OUTLOT 'X',
SAID SE CORNER ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF
SE ALICES ROAD AS ESTABLISHED IN SAID WARRANTY DEED AND
ACQUISITION PLAT RECORDED IN BOOK 2017, PAGE 23499 AT THE
DALLAS COUNTY RECORDER'S OFFICE; THENCE S00°04'43"E, 1054.37
FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT OF
CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE
LEFT HAVING A RADIUS OF 1001.00 FEET AND A CHORD BEARING
S01°54'08"E, AN ARC LENGTH OF 63.71 FEET ALONG SAID WEST RIGHT-
OF-WAY LINE TO A POINT OF TANGENCY; THENCE S03°43'32"E, 62.00
FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT ON THE
SOUTH LINE OF SAID PARCEL 'BB', SAID SOUTH LINE ALSO BEING THE
SOUTH LINE OF SAID E1/2 NE1/4 OF SECTION 34; THENCE S89°56'09"W,
1237.39 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING
AND CONTAINING 48.03 ACRES MORE OR LESS. (Parcel # 1234200008,
1234200009)
WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of
Waukee, State of Iowa, in the future to finance urban renewal project activities carried out in
furtherance of the objectives of the Urban Renewal Plan; and
WHEREAS, the City Council of the City of Waukee, State of Iowa, desires to provide for
the division of revenue from taxation in the Urban Renewal Area, as above described, in
accordance with the provisions of Section 403.19, Code of Iowa, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WAUKEE, STATE OF IOWA:
Section 1.That the taxes levied on the taxable property in the Urban Renewal Area legally
described in the preamble hereof, by and for the benefit of the State of Iowa, City of Waukee,
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County of Dallas, Waukee 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 2.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 upon the total sum of the assessed value of
the taxable property in the Urban Renewal Area, as shown on the assessment roll as of January 1
of the calendar year preceding the first calendar year in which the City of Waukee, State of Iowa,
certifies to the Auditor of Dallas County, Iowa the amount of loans, advances, indebtedness, or
bonds payable from the division of property tax revenue described herein, shall be allocated to and
when collected be paid into the fund for the respective taxing district as taxes by or for the taxing
district into which all other property taxes are paid.
Section 3.That portion of the taxes each year in excess of the base period taxes determined
as provided in Section 2 of this Ordinance shall be allocated to and when collected be paid into a
special tax increment fund of the City of Waukee, State of Iowa, hereby established, to pay the
principal of and interest on loans, monies advanced to, indebtedness, whether funded, refunded,
assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9
or 403.12, Code of Iowa, as amended, incurred by the City of Waukee, State of Iowa, to finance
or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal
Area pursuant to the Urban Renewal Plan, except that (i) taxes for the regular and voter-approved
physical plant and equipment levy of a school district imposed pursuant to Section 298.2, Code of
Iowa, and taxes for the instructional support program of a school district imposed pursuant to
Section 257.19, Code of Iowa, (but in each case only to the extent required under Section
403.19(2), Code of Iowa); (ii) taxes for the payment of bonds and interest of each taxing district;
(iii) taxes imposed under Section 346.27(22), Code of Iowa, related to joint county-city buildings;
and (iv) any other exceptions under Section 403.19, Code of Iowa, shall be collected against all
taxable property within the Urban Renewal Area without any limitation as hereinabove provided.
Section 4.Unless or until the total assessed valuation of the taxable property in the Urban
Renewal Area exceeds the total assessed value of the taxable property in the Urban Renewal Area
as shown by the assessment roll referred to in Section 2 of this Ordinance, all of the taxes levied
and collected upon the taxable property in the Urban Renewal 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 5.At such time as the loans, advances, indebtedness, bonds and interest thereon of
the City of Waukee, State of Iowa, referred to in Section 3 hereof have been paid, all monies
thereafter received from taxes upon the taxable property in the Urban Renewal Area shall be paid
into the funds for the respective taxing districts in the same manner as taxes on all other property.
Section 6.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 fully implement the provisions of Section 403.19, Code of Iowa, as amended,
with respect to the division of taxes from property within the Urban Renewal 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
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construed to fully invoke the provisions of Section 403.19, Code of Iowa, with reference to the
Urban Renewal Area and the territory contained therein.
Section 7.This Ordinance shall be in effect after its final passage, approval and publication
as provided by law.
PASSED AND APPROVED this __________ day of _______________, 2022.
Mayor
ATTEST:
City Clerk