HomeMy WebLinkAbout2017-09-18-Resolutions 17-441_Southwest Business Park Urban Renewal Plan - Set PHRESOLUTION NO.17-441
RESOLUTION DETERMINING THE NECESSITY AND
SETTING DATES OF A CONSULTATION AND A PUBLIC
HEARING ON A PROPOSED SOUTHWEST BUSINESS PARK
URBAN RENEWAL PLAN FOR A PROPOSED URBAN
RENEWAL AREA IN THE CITY OF WAUKEE,STATE OF
IOWA
WHEREAS,it is hereby found and determined that one or more economic development
areas,as defined in Chapter 403,Code of Iowa,exist within the City and the rehabilitation,
conservation,redevelopment,development,or combination thereof,of the area is necessary in
the interest of the public health,safety,or welfare of the residents of the City;and
WHEREAS,this Council has reasonable cause to believe that the area described below
satisfies the eligibility criteria for designation as an urban renewal area under Iowa law and has
caused there to be prepared a proposed Southwest Business Park Urban Renewal Plan ("Plan"or
"Urban Renewal Plan")for the Southwest Business Park Urban Renewal Area ("Area"or "Urban
Renewal Area"),which proposed Plan is attached hereto as Exhibit I;and
WHEREAS,this proposed Urban Renewal Area includes and consists of:
DEED RECORDED IN BOOK 2017 PAGE 4888
LOT THREE (3)OF THE AUDITOR'S PLAT OF THAT PART OF THE
NORTHWEST QUARTER KIWI/4)OF THE NORTHWEST QUARTER
(NWI/4)OF SECTION 17 IN TOWNSHIP 78 NORTH,OF RANGE 26 WEST
OF THE 5TH P.M.,DALLAS COUNTY,IOWA,EXCEPT COMMENCING AT
THE NW CORNER OF SEC.17-T78N-R26W OF THE 5TH P.M.,DALLAS
COUNTY,IOWA,THENCE S 00'00'658.43 FEET ALONG THE SECTION
LINE TO THE POINT OF BEGINNING,THENCE CONTINUING S 00'00'
87.17 FEET,THENCE S 89'12'E 382.70 FEET,THENCE S 06'12'E 130.00
FEET,THENCE S 84'35'E 225.61 FEET,THENCE N 02'55'W 30.62 FEET,
THENCE N 73'50'E 338.22 FEET,THENCE N 02'55'W 128.79 FEET,
THENCE N 73'50'E 400.92 FEET TO THE CENTERLINE OF A COUNTY
ROAD,THENCE N 00'50'E 75.00 FEET ALONG SAID CENTERLINE,
THENCE S 73'50'W 423.54 FEET,THENCE N 02'55'W 568.48 FEET TO THE
SOUTH RIGHT OF WAY LINE OF INTERSTATE NO.80,THENCE N
85'04'W 315.13 FEET ALONG SAID RIGHT OF WAY LINE,THENCE S
02'55'E 676.50 FEET,THENCE N 89'50'W 609.02 FEET TO THE POINT OF
BEGINNING;
PARCEL "A"OF THE SURVEY OF ALL OF LOT 4 AND PART OF LOT 3
OF THE AUDITOR'S PLAT OF THE NW I/4 OF THE NW I/4 OF SECTION
17,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE 5TH P.M.,ALL
BEING IN AND FORMING A PART OF THE CITY OF WAUKEE,DALLAS
COUNTY,IOWA,AS SHOWN IN BOOK 2004,PAGE 5051,IN THE OFFICE
OF THE RECORDER OF DALLAS COUNTY.IOWA.
INCLUDES PARCEL ¹1617100001,1617100027
WHEREAS,the proposed Urban Renewal Area includes land classified as agricultural
land and written permission of the current owners will be obtained;and
WHEREAS,City staff has caused there to be prepared a form of Plan,a copy of which
has been placed on file for public inspection in the office of the City Clerk and which is
incorporated herein by reference,the purpose of which is to form the Southwest Business Park
Urban Renewal Area suitable for economic development and to include a list of proposed
projects to be undertaken within the Urban Renewal Area;and
WHEREAS,it is desirable that the area be redeveloped as part of the overall
redevelopment covered by the Plan;and
WHEREAS,the Iowa statutes require the City Council to submit the proposed Southwest
Business Park Urban Renewal Plan to the Planning and Zoning Commission for review and
recommendation as to its conformity with the general plan for development of the City as a
whole prior to Council approval of such Plan,and further provides that the Planning and Zoning
Commission shall submit its written recommendations thereon to this Council within thirty (30)
days of its receipt of such proposed Southwest Business Park Urban Renewal Plan;and
WHEREAS,the Iowa statutes require the City Council to notify all affected taxing
entities of the consideration being given to the proposed Southwest Business Park Urban
Renewal Plan and to hold a consultation with such taxing entities with respect thereto,and
further provides that the designated representative of each affected taxing entity may attend the
consultation and make written recommendations for modifications to the proposed division of
revenue included as a part thereof,to which the City shall submit written responses as provided
in Section 403.5,as amended;and
WHEREAS,the Iowa statutes further require the City Council to hold a public hearing on
the proposed Southwest Business Park Urban Renewal Plan subsequent to notice thereofby
publication in a newspaper having general circulation within the City,which notice shall
describe the time,date,place and purpose of the hearing,shall generally identify the urban
renewal area covered by the Plan and shall outline the general scope of the urban renewal project
under consideration,with a copy of the notice also being mailed to each affected taxing entity.
NOW THEREFORE,BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY
OF WAUKEE,STATE OF IOWA:
Section 1.That the consultation on the proposed Southwest Business Park Urban
Renewal Plan required by Section 403.5(2)of the Code of Iowa,as amended,shall be held on
September 25,2017,in the Council Chambers,City Hall,230 West Hickman Road,Waukee,
Iowa,at 2:00 P.M.,and the Development Services Director,or his delegate,is hereby appointed
to serve as the designated representative of the City for purposes of conducting the consultation,
receiving any recommendations that may be made with respect thereto and responding to the
same in accordance with Section 403.5(2).
Section 2.That the City Clerk is authorized and directed to cause a notice of such
consultation to be sent by regular mail to all affected taxing entities,as defined in Section
403.17(l),along with a copy of this Resolution and the proposed Southwest Business Park
Urban Renewal Plan,the notice to be in substantially the following form:
NOTICE OF A CONSULTATION TO BE HELD BETWEEN
THE CITY OF WAUKEE,STATE OF IOWA AND ALL
AFFECTED TAXING ENTITIES CONCERNING THE
PROPOSED SOUTHWEST BUSINESS PARK URBAN
RENEWAL PLAN FOR THE CITY OF WAUKEE,STATE OF
IOWA
The City of Waukee,State of Iowa will hold a consultation with all affected taxing
entities,as defined in Section 403.17(1)of the Code of Iowa,as amended,commencing at 2:00
P.M.on September 25,2017,in the Council Chambers,City Hall,230 West Hickman Road,
Waukee,Iowa concerning a proposed Southwest Business Park Urban Renewal Plan,a copy of
which is attached hereto.
Each affected taxing entity may appoint a representative to attend the consultation.The
consultation may include a discussion of the estimated growth in valuation of taxable property
included in the proposed Urban Renewal Area,the fiscal impact of the division of revenue on the
affected taxing entities,the estimated impact on the provision of services by each of the affected
taxing entities in the proposed Urban Renewal Area,and the duration of any bond issuance
included in the Plan.
The designated representative of any affected taxing entity may make written
recommendations for modifications to the proposed division of revenue no later than seven days
following the date of the consultation.The Development Services Director,or his delegate,as
the designated representative of the City of Waukee,State of Iowa,shall submit a written
response to the affected taxing entity,no later than seven days prior to the public hearing on the
proposed Southwest Business Park Urban Renewal Plan,addressing any recommendations made
by that entity for modification to the proposed division of revenue.
This notice is given by order of the City Council of the City of Waukee,State of Iowa,as
provided by Section 403.5 of the Code of Iowa,as amended.
Dated this 18'"day of September,2017.
Rebecca D.Schuett
City Clerk,City of Waukee,State of Iowa
(End of Notice)
Section 3.That a public hearing shall be held on the proposed Southwest Business Park
Urban Renewal Plan before the City Council at its meeting which commences at 5:30 P.M.on
October 16,2017,in the Council Chambers,City Hall,230 West Hickman Road,Waukee,Iowa.
Section 4.That the City Clerk is authorized and directed to publish notice of this public
hearing in the Dallas Count News,once on a date not less than four (4)nor more than twenty
(20)days before the date of the public hearing,and to mail a copy of the notice by ordinary mail
to each affected taxing entity,such notice in each case to be in substantially the following form:
(One publication required)
NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL
OF A PROPOSED SOUTHWEST BUSINESS PARK URBAN
RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL
AREA IN THE CITY OF WAUKEE,STATE OF IOWA
The City Council of the City of Waukee,State of Iowa,will hold a public hearing before
itself at its meeting which commences at 5:30 P.M.on October 16,2017 in the Council
Chambers,City Hall,230 West Hickman Road,Waukee,Iowa,to consider adoption of a
proposed Southwest Business Park Urban Renewal Plan (the "Plan")concerning a proposed
Urban Renewal Area in the City of Waukee,State of Iowa,legally described as follows:
DEED RECORDED IN BOOK 2017 PAGE 4888
LOT THREE (3)OF THE AUDITOR'S PLAT OF THAT PART OF THE
NORTHWEST QUARTER (NWI/4)OF THE NORTHWEST QUARTER
(NWI/4)OF SECTION 17 IN TOWNSHIP 78 NORTH,OF RANGE 26 WEST
OF THE 5TH P.M.,DALLAS COUNTY,IOWA,EXCEPT COMMENCING AT
THE NW CORNER OF SEC.17-T78N-R26W OF THE 5TH P.M.,DALLAS
COUNTY,IOWA,THENCE S 00'00'658.43 FEET ALONG THE SECTION
LINE TO THE POINT OF BEGINNING,THENCE CONTINUING S 00'00'
87.17 FEET,THENCE S 89'12'E 382.70 FEET,THENCE S 06'12'E 130.00
FEET,THENCE S 84'35'E 225.61 FEET,THENCE N 02'55'W 30.62 FEET,
THENCE N 73'50'E 338.22 FEET,THENCE N 02'55'W 128.79 FEET,
THENCE N 73'50'E 400.92 FEET TO THE CENTERLINE OF A COUNTY
ROAD,THENCE N 00'50'E 75.00 FEET ALONG SAID CENTERLINE,
THENCE S 73'50'W 423.54 FEET,THENCE N 02'55'W 568.48 FEET TO THE
SOUTH RIGHT OF WAY LINE OF INTERSTATE NO.80,THENCE N
85'04'W 315.13 FEET ALONG SAID RIGHT OF WAY LINE,THENCE S
02'55'E 676.50 FEET,THENCE N 89'50'W 609.02 FEET TO THE POINT OF
BEGINNING;
PARCEL "A"OF THE SURVEY OF ALL OF LOT 4 AND PART OF LOT 3
OF THE AUDITOR'S PLAT OF THE NW I/4 OF THE NW I/4 OF SECTION
17,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE 5TH P.M.,ALL
BEING IN AND FORMING A PART OF THE CITY OF WAUKEE,DALLAS
COUNTY,IOWA,AS SHOWN IN BOOK 2004,PAGE 5051,IN THE OFFICE
OF THE RECORDER OF DALLAS COUNTY.IOWA.
INCLUDES PARCEL ¹1617100001,1617100027
which land is to be included as part of this proposed Urban Renewal Area.
A copy of the Plan is on file for public inspection in the office of the City Clerk,City
Hall,City of Waukee,Iowa.
The City of Waukee,State of Iowa is the local public agency which,if such Plan is
approved,shall undertake the urban renewal activities described in such Plan.
The general scope of the urban renewal activities under consideration in the Plan is to
promote the growth and retention of qualified industries and businesses in the Urban Renewal
Area through various public purpose and special financing activities outlined in the Plan.To
accomplish the objectives of the Plan,and to encourage the further economic development of the
Urban Renewal Area,the Plan provides that such special financing activities may include,but
not be limited to,the making of loans or grants of public funds to private entities under Chapter
15A of the Code of Iowa.The City also may reimburse or directly undertake the installation,
construction and reconstruction of substantial public improvements,including,but not limited to,
street,water,sanitary sewer,storm sewer or other public improvements.The City also may
acquire and make land available for development or redevelopment by private enterprise as
authorized by law.The Plan provides that the City may issue bonds or use available funds for
purposes allowed by the Plan and that tax increment reimbursement of the costs of urban renewal
projects may be sought if and to the extent incurred by the City.The Plan initially proposes no
specific public infrastructure or site improvements to be undertaken by the City,and provides
that the Plan may be amended from time to time.
Any person or organization desiring to be heard shall be afforded an opportunity to be
heard at such hearing.
This notice is given by order of the City Council of the City of Waukee,State of Iowa,as
provided by Section 403.5 of the Code of Iowa.
Dated this 18'"day of September,2017.
Rebecca D.Schuett
City Clerk,City of Waukee,State of Iowa
(End of Notice)
Section 5.That the proposed Southwest Business Park Urban Renewal Plan,attached
hereto as Exhibit 1,for the proposed Urban Renewal Area described therein is hereby officially
declared to be the proposed Southwest Business Park Urban Renewal Plan referred to in the
notices for purposes of such consultation and hearing and that a copy of the Plan shall be placed
on file in the office of the City Clerk.
Section 6.That the proposed Southwest Business Park Urban Renewal Plan be submitted
to the Planning and Zoning Commission for review and recommendation as to its conformity
with the general plan for the development of the City as a whole,with such recommendation to
be submitted in writing to this Council within thirty (30)days of the date hereof.
PASSED AND APPROVED this 18'day of September,2017.
M r
ATTEST:
City Clerk
ROLL CALL VOTE
Anna Bergman
R.Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R.Lyon
AYE
X
X
X
NAY ABSENT ABSTAIN
Label the Plan as Exhibit l with all exhibits and attach it to this Resolution.
SOUTHWEST BUSINESS PARK URBAN
RENEWAL PLAN
for the
SOUTHWEST BUSINESS PARK
URBAN RENEWAL AREA
WAUKEE,IOWA
October 2017
TABLE OF CONTENTS
SECTION
A.INTRODUCTION
B.DESCRIPTION OF THE URBAN RENEWAL AREA
C.AREA DESIGNATION
D.BASE VALUE
E.DEVELOPMENT PLAN
F.PLAN OBJECTIVES
G.TYPE OF RENEWAL ACTIVITIES
H.PROPOSED PROJECTS
I.FINANCIAL DATA
J.AGREEMENT TO INCLUDE AGRICULTURAL LAND
K.URBAN RENEWAL FINANCING
L.PROPERTY ACQUISITION/DISPOSITION
M.RELOCATION
N.STATE AND LOCAL REQUIREMENTS
O.URBAN RENEWAL PLAN AMENDMENTS
P.EFFECTIVE PERIOD
Q.SEVERABILITY
EXHIBITS
A.LEGAL DESCRIPTION OF AREA
B.URBAN RENEWAL AREA MAP
C.AGREEMENT TO INCLUDE AGRICULTURAL LAND
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Urban Renewal Plan
Southwest Business Park Urban Renewal Area
City of Waukee,Iowa
A.INTRODUCTION
This Southwest Business Park Urban Renewal Plan ("Plan"or "Urban Renewal
Plan")has been developed to help local officials promote economic development
in the City of Waukee.The primary goal of the Plan is to stimulate,through public
involvement and commitment,private investment in new commercial and light
industrial development.
In order to achieve this objective,Waukee (the "City")intends to undertake Urban
Renewal activities pursuant to the powers granted to it under Chapter 403 and
Chapter 15A of the Code of Iowa,as amended.
B.DESCRIPTION OF THE URBAN RENEWAL AREA
The Southwest Business Park Urban Renewal Area ("Area"or "Urban Renewal
Area")is described in Exhibit A and illustrated in Exhibit B.
The City reserves the right to modify the boundaries of the Area at some future
date.
C.AREA DESIGNATION
With the adoption of this Plan,the City of Waukee designates this Southwest
Business Park Urban Renewal Area as an economic development district that is
appropriate for the promotion of new commercial and light industrial development.
D.BASE VALUE
If the Southwest Business Park Urban Renewal Area is legally established,a Tax
Increment Financing (TIF)Ordinance is adopted and debt is certified prior to
December 1,2017,the taxable valuation within the area included in the TIF
Ordinance as of January 1,2016 will be considered the frozen "base valuation."If
debt is not certified until a later date or if a TIF ordinance is not adopted until later,
the "base value"will be the assessed value of the taxable property within the TIF
Ordinance area as of January 1 of the calendar year preceding the calendar year in
which the City first certifies the amount of any debt on the Area.
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E.DEVELOPMENT PLAN
Waukee has a general plan for the physical development of the City as a whole
outlined in the Waukee Com rehensive Plan adopted by the City on March 10,
2008 and last amended in September 2017.The goals and objectives of this Urban
Renewal Plan,including the urban renewal projects,are in conformity with the
City's Comprehensive Plan.
The Urban Renewal Area is currently zoned commercial and light industrial.This
Urban Renewal Plan does not in any way replace or modify the City's current land
use planning or zoning regulation process.
The need for improved traffic,public transportation,public utilities,recreational
and community facilities,or other public improvements within the Urban Renewal
Area is set forth in this Plan,as amended.As the Area develops,the need for
public infrastructure extensions and upgrades will be evaluated and planned for by
the City.
F.PLAN OBJEC TIVE S
Renewal activities are designed to provide opportunities,incentives,and sites for
new commercial and light industrial development within the district.More
specific objectives for development within the Southwest Business Park Urban
Renewal Area are as follows:
1.To achieve a diversified,well-balanced economy providing a
desirable standard of living,creating job opportunities,and
strengthening the tax base.
2.To plan for and provide sufficient land for commercial and industrial
development in a manner that is efficient from the standpoint of
providing municipal services.
3.To provide for the installation of public works and facilities
including,but not limited to,water,sanitary sewer and other public
improvements,which contribute to the revitalization of the area and
to the sound development of the entire City.
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4.To encourage commercial and industrial growth and expansion
through governmental policies which make it economically feasible
to do business.
5.To provide a more marketable and attractive investment climate
through the use of various federal,state and local incentives.
6.To stimulate,through public action and commitment,private
investment in new and existing commercial and/or industrial
development.
7.To improve the conditions and opportunities for economic
development,both commercial and industrial.
8.To help develop a sound economic base that will serve as the
foundation for future growth and development.
9.To improve recreational,tourism,cultural,and educational
opportunities.
10.To enhance the Waukee community by fostering an entrepreneurial
climate,diversifying the local economy,encouraging opportunities
for new businesses,and supporting retention of existing businesses.
G.TYPE OF RENEWAL ACTIVITIES
To meet the objectives of this Urban Renewal Plan and to encourage the
development of the Area,the City intends to utilize the powers conferred under
Chapter 403 and Chapter 15A,Code of Iowa including,but not limited to,tax
increment financing.Activities may include:
1.New,rehabilitated,converted,or expanded industrial uses within the
Area.
2.New,rehabilitated,converted,or expanded commercial uses within the
Area.
General development activities by the City in the Southwest Business Park Urban
Renewal Area may include:
1.To undertake and carry out urban renewal projects through the
execution of contracts and other instruments.
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2.To arrange for or cause to be provided the construction or repair of
public infrastructure,including but not limited to streets,storm water
drainage,sanitary sewer,water,sidewalks,street lights,parks and open
spaces,recreational trails or facilities,landscaping,public utilities or
other related facilities in connection with urban renewal projects.
3.To provide for the construction of specific site improvements such as
grading and site preparation activities,access roads and parking,
fencing,utility connections,and related activities.
4.To make loans,forgivable loans,tax rebate payments or other types of
economic development grants or incentives to private persons or
businesses for economic development purposes on such terms as may
be determined by the City Council.
5.To use tax increment financing to facilitate urban renewal projects,
including but not limited to,actions to achieve a more marketable and
competitive land offering price and to provide for necessary physical
improvements and infrastructure.
6.To borrow money and to provide security therefor.
7.To make or have made surveys and plans necessary for the
implementation of the Urban Renewal Program or specific urban
renewal projects.
8.To acquire property through a variety of means (purchase,lease,option,
etc.)and to hold,clear,or prepare the property for redevelopment.
9.To dispose of property so acquired.
10.To use any or all other powers granted by the Urban Renewal Act to
develop and provide for improved economic conditions for the City of
Waukee and the State of Iowa.
Nothing herein shall be construed as a limitation on the power of the City to
exercise any lawful power granted to the City under Chapter 15,Chapter 15A,
Chapter 403,Chapter 427B,or any other provision of the Code of Iowa in
furtherance of the objectives of this Urban Renewal Plan.
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H.PROPOSED PROJECTS
Although certain project activities may occur over a period of years,the Proposed
Urban Renewal Projects under this Plan include:
I)Development Agreements:
a.Agreement with I I 7 Land Company LLC and R/Landscaping.The
City anticipates entering into a Development Agreement (the "Agreement")with
117 Land Company,LLC (the "Developer")and RJ Landscaping (the
"Employer").The Agreement would obligate the Developer to construct certain
Public Improvements (as defined in the Agreement)on certain property with the
Area ("Development Property"),The Agreement would further obligate the
Employer to complete Minimum Improvements (as defined in the Agreement)on a
portion of the Development Property,and to employ employees therein.The
Agreement would obligate the City to make two (2)annual payments of Economic
Development Grants to Employer and eight (8)annual payments of Economic
Development Grants to Developer,each consisting of 100%of the Tax Increments
pursuant to the Iowa Code Section 403.19 and generated by the construction of the
Minimum Improvements,under the terms and following satisfaction of the
conditions set forth in the Agreement.The Agreement contemplates additional
Economic Development Grants to Developer as additional parcels of the
Development Property develops,up to a cumulative total for all such payments to
Developer not to exceed the lesser of the cost of the Public Improvements or
$750,000.The cost of the Economic Development Grants to Employer shall not
exceed $150,000.
b.Future Development Agreements:The City expects to consider
requests for Development Agreements for projects that are consistent with this
Plan,in the City's sole discretion.Such Agreements are unknown at this time,but
based on past history,and dependent on development opportunities and climate,
the City expects to consider incentives as authorized by this Plan,including but not
limited to land,loans,grants,rebates,public infrastructure assistance and other
incentives.The costs of such Development Agreements will not exceed
$2,500,000.
2)Related Planning Costs:
Planning,engineering fees for planning work,and legal fees to support
proposed urban renewal projects are estimated not to exceed $50,000
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I.FINANCIAL DATA
July 1,2017,constitutional debt limit:
Current outstanding general obli ation debt:
Proposed amount of indebtedness to be incurred:
A specific amount of debt to be incurred for the
Proposed Urban Renewal Projects has not yet been
determined.This document is for planning
purposes.The estimated project costs in this Plan
are estimates only and will be incurred and spent
over a number of years.In no event will the City's
constitutional debt limit be exceeded.The City
Council will consider each project proposal on a
case-by-case basis to determine if it is in the City's
best interest to participate before approving an
urban renewal project or expense.It is further
expected that such indebtedness,including interest
on the same,may be financed in whole or in part
with tax increment revenues from the Urban
Renewal Area.Subject to the foregoing,it is
estimated that the cost of the Proposed Urban
Renewal Projects as described above will be
ap roximatel:
$80,529,812
$61,424,472
$3,450,000
J.AGREEMENT TO INCLUDE AGRICULTURAL LAND
Agricultural land owners affected by the Waukee West Urban Renewal Area have
entered into an agreement in which they have agreed to allow the City to include
their real property defined as "Agricultural Land"in the Urban Renewal Area in
accordance with Iowa Code Section 403.17(3).A copy of the agreement of each
agricultural land owner within the Urban Renewal Area has signed is attached as
Exhibit C.The original signed agreements are on file at the City Clerk's office.
K.URBAN RENEWAL FINANCING
The City of Waukee intends to utilize various financing tools such as those
described below to successfully undertake the proposed urban renewal actions.
The City of Waukee has the statutory authority to use a variety of tools to finance
physical improvements within the Area.These include:
A.Tax Increment Financing
Under Section 403.19 of the Iowa Code,urban renewal areas may
utilize the tax increment financing mechanism to finance the costs of
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public improvements or economic development incentives associated
with redevelopment projects.Upon creation of a tax increment
district within the Area,by ordinance,the assessment base is frozen
and the amount of tax revenue available from taxes paid on the
difference between the frozen base and the increased value,if any,is
segregated into a separate fund for the use by the City to pay costs of
the eligible urban renewal projects.The increased taxes generated
by any new development,above the base value,are distributed to the
taxing entities,if not requested by the City.
The City may also determine to use tax increment financing to
provide incentives such as cash grants,loans,tax rebates or other
incentives to developers in connection with urban renewal projects
for commercial or industrial development or other urban renewal
projects.In addition,the City may determine to issue general
obligation bonds,tax increment revenue bonds or such other
obligations,or loan agreements for the purpose of making loans or
grants of public funds to private businesses located in the Areas.
Alternatively,the City may determine to use available funds for
making such loans or grants for urban renewal projects.In any
event,the City may determine to use tax increment financing to
reimburse the City for any obligations or advances.
B.General Obligation Bonds
Under Division III of Chapter 384 and Chapter 403 of the Iowa
Code,the City has the authority to issue and sell general obligation
bonds for specified essential and general corporate purposes,
including the acquisition and construction of certain public
improvements within the Area or incentives for development
consistent with this Plan.Such bonds are payable from the levy of
unlimited ad valorem taxes on all the taxable property within the
City of Waukee.It may be the City will elect to abate some or all of
the debt service on these bonds with incremental taxes from this
Area.
Other City Lawful Powers
Nothing herein shall be construed as a limitation on the power of the
City to exercise any lawful power granted to the City under Chapter
15,Chapter 15A,Chapter 403,Chapter 427B,or any other provision
of the Code of Iowa in furtherance of the objectives of this Urban
Renewal Plan.
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L.PROPERTY AC UISITION/DISPOSITION
If property acquisition/disposition becomes necessary to accomplish the objectives
of the Plan,urban renewal powers will be carried out,without limitation,in
accordance with the State of Iowa Urban Renewal Law.
M.RELOCATION
The City does not expect there to be any relocation required of residents or
businesses as part of the Proposed Urban Renewal Projects;however,if any
relocation is necessary,the City will follow all applicable relocation requirements.
N.STATE AND LOCAL RE UIREMENTS
All provisions necessary to conform to state and local laws will be complied with
by the City and the developer in implementing this Urban Renewal Plan and its
supporting documents.
O.URBAN RENEWAL PLAN AMENDMENTS
This Urban Renewal Area Plan may be amended from time to time for a number of
reasons,including but not limited to,change in the Area,to add or change land use
controls and regulations,to modify goals or types of renewal activities,or to
amend property acquisition and disposition provisions.The City Council may
amend this Plan pursuant to appropriate procedures under Iowa Code Chapter 403.
P.EFFECTIVE PERIOD
This Urban Renewal Plan will become effective upon its adoption by the City
Council and will remain in effect as a Plan until it is repealed by the City Council.
With respect to the property included within the Southwest Business Park Urban
Renewal Area,which is also included in an ordinance which designates that
property as a tax increment area,the use of incremental property tax revenues or
the "division of revenue,"as those words are used in Chapter 403 of the Code of
Iowa,is limited to twenty (20)years beginning with the first calendar year
following the calendar year in which the City first certifies to the County Auditor
the amount of any loans,advances,indebtedness,or bonds which qualify for
payment from the incremental property tax revenues attributable to that property
within a TIF ordinance of the Southwest Business Park Urban Renewal Area.The
division of revenues shall continue on the Urban Renewal Area for the maximum
period allowed by law.
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It is also anticipated that separate TIF ordinances for separate parcel(s)may be
adopted as development in the Area warrants.In this case,each separate TIF
ordinance may have a separate base and separate sunset or expiration date.
At all times,the use of tax increment financing revenues (including the amount of
loans,advances,indebtedness or bonds which qualify for payment from the
division of revenue provided in Section 403.19 of the Code of Iowa)by the City
for activities carried out under the Southwest Business Park Urban Renewal Area
shall be limited as deemed appropriate by the City Council and consistent with all
applicable provisions of law.
SEVERABILITY
If any part of the Plan is determined to be invalid or unconstitutional,such
invalidity or unconstitutionality shall not affect the validity of the Plan as a whole,
or any part of the Plan not determined to be invalid or unconstitutional.
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EXHIBIT A
LEGAL DESCRIPTION OF AREA
The Southwest Business Park Urban Renewal Area is described as follows:
DEED RECORDED IN BOOK 2017 PAGE 4888
LOT THREE (3)OF THE AUDITOR'S PLAT OF THAT PART OF THE
NORTHWEST QUARTER (NW I/4)OF THE NORTHWEST QUARTER (NW I/4)OF
SECTION 17 IN TOWNSHIP 78 NORTH,OF RANGE 26 WEST OF THE 5TH P.M.,
DALLAS COUNTY,IOWA,EXCEPT COMMENCING AT THE NW CORNER OF
SEC.17-T78N-R26W OF THE 5TH P.M.,DALLAS COUNTY,IOWA,THENCE S
00'00'658.43 FEET ALONG THE SECTION LINE TO THE POINT OF BEGINNING,
THENCE CONTINUING S 00'00'87.17 FEET,THENCE S 89'12'E 382.70 FEET,
THENCE S 06'12'E 130.00 FEET,THENCE S 84'35'E 225.61 FEET,THENCE N
02'55'W 30.62 FEET,THENCE N 73'50'E 338.22 FEET,THENCE N 02'55'W 128.79
FEET,THENCE N 73'50'E 400.92 FEET TO THE CENTERLINE OF A COUNTY
ROAD,THENCE N 00'50'E 75.00 FEET ALONG SAID CENTERLINE,THENCE S
73'50'W 423.54 FEET,THENCE N 02'55'W 568.48 FEET TO THE SOUTH RIGHT
OF WAY LINE OF INTERSTATE NO.80,THENCE N 85'04'W 315.13 FEET ALONG
SAID RIGHT OF WAY LINE,THENCE S 02'55'E 676.50 FEET,THENCE N 89'50'W
609.02 FEET TO THE POINT OF BEGINNING;
PARCEL "A"OF THE SURVEY OF ALL OF LOT 4 AND PART OF LOT 3 OF THE
AUDITOR'S PLAT OF THE NW I/4 OF THE NW I/4 OF SECTION 17,TOWNSHIP
78 NORTH,RANGE 26 WEST OF THE 5TH P.M.,ALL BEING IN AND FORMING
A PART OF THE CITY OF WAUKEE,DALLAS COUNTY,IOWA,AS SHOWN IN
BOOK 2004,PAGE 5051,IN THE OFFICE OF THE RECORDER OF DALLAS
COUNTY.IOWA.
INCLUDES PARCEL ¹1617100001,1617100027
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Exhibit B
Map of Southwest Business Park Urban Renewal Area
L8gehdMSouthwestBusiness Peth URA
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EXHIBIT C
AGREEMENT TO INCLUDE AGRICULTURAL LAND
IN THE SOUTHWEST BUSINESS PARK URBAN RENEWAL AREA
WHEREAS,the City of Waukee,Iowa,(the "City")has proposed the Southwest
Business Park Urban Renewal Plan ("Plan")for the Southwest Business Park Urban
Renewal Area (the "Urban Renewal Area"),pursuant to Chapter 403 of the Code of Iowa,
in order to undertake activities authorized by that Chapter;and
WHEREAS,it has been proposed that the boundaries of the Area will include
certain property designated in the Southwest Business Park Urban Renewal Plan
("Property");and
WHEREAS,Section 403.17(10)of the Code of Iowa provides that no property
may be included in an urban renewal area which meets the definition in that Section of
"agricultural land,"until the owners of such property agree to include such property in
such urban renewal area;and
WHEREAS,it has been determined that the portion of the Property owned by the
Agricultural Land Owner below meets the definition of "agricultural land"in Section
403.17(3)of the Code of Iowa;
NOW,THEREFORE,it is hereby certified and agreed by the Agricultural Land
Owner as follows:
1.The Agricultural Land Owner hereby certifies that he/she is the owner of
certain property within the proposed Urban Renewal Area and agrees that the City of
Waukee,Iowa,may include such property within the Urban Renewal Area.
2.The Agricultural Land Owner further authorizes the governing body of the City
of Waukee,Iowa,to pass any resolution or ordinance necessary to designate said property
as part of the Urban Renewal Area under Chapter 403 of the Code of Iowa,and to
proceed with activities authorized under said Chapter.
DATED this day of ,2017.
Agricultural Land Owner's Name:Agricultural Land Owner's Name:
Signature:
Date:
Witness:
Approved by the Waukee City Council on the
Signature:
Date:
Witness:
day of ,2017.
Attest:City Clerk
Mayor
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