HomeMy WebLinkAbout2023-07-10 J04C Kettlestone Phase 2 Commercial Urban Renewal Plan_Ordinance_3RD READAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: July 10, 2023
AGENDA ITEM:Consideration of approval of an ordinance for the division of revenues
under Section 403.19, Code of Iowa, for Kettlestone Phase 2
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:
J4C
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ORDINANCE NO. __________
AN ORDINANCE PROVIDING THAT GENERAL PROPERTY
TAXES LEVIED AND COLLECTED EACH YEAR ON ALL
PROPERTY LOCATED WITHIN THE KETTLESTONE PHASE
2 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 KETTLESTONE PHASE 2 COMMERCIAL URBAN
RENEWAL AREA (THE KETTLESTONE PHASE 2
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 5th day of June, 2023, adopted an Urban Renewal Plan (the "Urban Renewal Plan") for an urban
renewal area known as the Kettlestone Phase 2 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 21-96 as shown in the Plat of Survey recorded in Book 2021 Page 31554,
City of Waukee, Dallas County, Iowa, EXCEPT for the following: Parcel 22-121
and 22-122 of the Plat of Survey recorded in Book 2022 Page 20745, City of
Waukee, Dallas County, Iowa (Parcel #1604200029, 1604200031), Parcel 23-22
and 23-24 of the Plat of Survey recorded in Book 2023 Page 3367, City of Waukee,
Dallas County, Iowa (Parcel #1604200033, 1604200035), Parcel 23-27 of the Plat
of Survey recorded in Book 2023 Page 3368, City of Waukee, Dallas County, Iowa
(Parcel #1604200036) and, a part of Parcel 21-96 of the Plat of Survey recorded in
Book 2021 Page 31554, City of Waukee, Dallas County, Iowa and more
particularly described as follows: Beginning at the Southwest Corner of said Parcel
21-96; thence North 00⁰27’16” East along the westerly line of said Parcel 21-96, a
distance of 58.33 feet; thence South 51⁰03’50” East, 25.38 feet; thence North
83⁰56’10” East, 148.38 feet; thence North 89⁰28’40” East, 51.78 feet; thence North
83⁰56’10” East, 326.90 feet; thence South 06⁰07’23” East, 35.00 feet to the
Southerly line of said Parcel 21-96; thence South 83⁰56’10” West along said
southerly line 551.42 feet to the Point of Beginning and containing 0.47 acres.
(Parcel #1604200032, 1604200034); and,
Parcel 23-37 of the Plat of Survey recorded in Book 2023 Page 5011, City of
Waukee, Dallas County, Iowa (Parcel #1604200037).
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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,
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.
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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
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 _______________, 2023.
Mayor
ATTEST:
City Clerk
Read First Time: ____________________, 2023
Read Second Time: __________________, 2023
Read Third Time: ___________________, 2023
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PASSED AND APPROVED: ____________________, 2023.
I, ____________________, City Clerk of the City of Waukee, State of Iowa, hereby certify
that the above and foregoing is a true copy of Ordinance No. __________ passed and approved by
the City Council of the City at a meeting held ____________________, 2023, signed by the Mayor
on ____________________, 2023, and published in the Dallas County News on
____________________, 2023.
(SEAL)
City Clerk, City of Waukee, State of Iowa
02192253-1\21938-316