HomeMy WebLinkAbout2023-11-20 I03B_02 Kettlestone Phase 4 Commercial URP_Ord Correcting Scriveners Error_INTRO, 1ST-3RD READAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: November 20, 2023
AGENDA ITEM:Consideration of Ordinance correcting the legal description Nunc Pro
Tunc for the property subject to the division of revenues under Section
403.19, Code of Iowa, for the Kettlestone Phase 4 Commercial Urban
Renewal Plan as adopted in Ordinance No. 3086 [introduction; first,
second, third (final) readings]
FORMAT:Ordinance
SYNOPSIS INCLUDING PRO & CON: Staff was made aware of an error in the legal
description for Kettlestone Phase 4 Commercial TIF District,Ordinance
No. 3086. The error is causing an overlap between two TIF
Districts/Urban Renewal Areas. The proposed Ordinance corrects the
error and removes obstacles for development.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: The correction of the legal description would be
retroactive with the same effective date as the original adopted
Ordinance.
The Code of Iowa requires a vote of not less than three-fourths of all the
members of the council (or 4 out of 5, in Waukee’s case) in order to
waive readings of an ordinance.
RECOMMENDATION: Introduce the ordinance, approve the first reading in title only, waive
the second and third readings and place the ordinance on final passage.
ATTACHMENTS: I. Ordinance
PREPARED BY:Jennifer Brown, Director of Economic Development
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I3B2
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ORDINANCE NO. 3086-A
AN ORDINANCE CORRECTING, NUNC PRO TUNC,
ORDINANCE NO. 3086 PROVIDING THAT GENERAL
PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR
ON ALL PROPERTY LOCATED WITHIN THE KETTLESTONE
PHASE 4 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 4 COMMERCIAL URBAN
RENEWAL AREA (KETTLESTONE PHASE 4
COMMERCIAL URBAN RENEWAL PLAN)
WHEREAS, by Resolution No. 2023-232 adopted June 5, 2023, this Council adopted the
Kettlestone Phase 4 Commercial Urban Renewal Plan (the "Plan" or "Urban Renewal Plan") for
the Kettlestone Phase 4 Commercial Urban Renewal Area (the "Area" or "Urban Renewal Area")
described therein; and
WHEREAS, the Plan contained a scrivener's error in the legal description of the property
included in the Urban Renewal Area by the Plan, which incorrectly described the Urban Renewal
Area; and
WHEREAS, Ordinance No. 3086 regarding the general property taxes levied and collected
within the Urban Renewal Area contained the same error in the legal description of the Urban
Renewal Area and this correcting ordinance is intended to correct said error NUNC PRO TUNC.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WAUKEE, STATE OF IOWA, THAT:
Section 1. That the legal description of the property located within the Urban Renewal
Area set forth in the Preambles of Ordinance No. 3086 is hereby corrected, NUNC PRO TUNC,
to read as follows:
Parcel 23-39 of the Plat of Survey recorded in Book 2023, Page 5013, City of
Waukee, Dallas County, Iowa (Parcel # 1603100049)
EXCEPT
Any portion thereof included in Kettlestone Central Plat 1, an official plat in and
forming a part of the City of Waukee, Dallas County, Iowa
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Section 2. That all other provisions of Ordinance No. 3086 not affected or otherwise
revised by this Ordinance be and the same are hereby ratified, confirmed and approved in all
respects.
Section 3. That if any section, provision or part of this ordinance shall be adjudged invalid
or unconstitutional, such adjudication shall not affect the validity of the ordinance or any section,
provision or part thereof not adjudged invalid or unconstitutional.
Section 4. That all ordinances or parts of ordinances in conflict herewith be and the same
are hereby repealed to the extent of such conflict.
Section 5. 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
02278909-1\21938-318