HomeMy WebLinkAbout2021-06-30-215C-1-
215C WAUKEE CONSOLIDATED URBAN RENEWAL PLAN, AMENDMENT NO. 2
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. 19-402, passed and approved
on the 4th day of November, 2019, adopted Amendment No. 1 to the Waukee Consolidated
Urban Renewal Plan (the "Amendment"), which, among other things, (i) unified the existing
Gateway Economic Development Urban Renewal Area, as amended, Waukee West Urban
Renewal Area, as amended, and Waukee Central Urban Renewal Area, as amended; (ii)
renamed the unified urban renewal areas as the Waukee Consolidated Urban Renewal Area
(the "Urban Renewal Area") and renamed the urban renewal plans for Gateway Economic
Development Urban Renewal Plan, the Waukee West Urban Renewal Plan, and the Waukee
Central Urban Renewal Plan as the Waukee Consolidated Urban Renewal Plan ("Urban Renewal
Plan" or "Plan"); and (iii) added additional property to the Urban Renewal Area; and
WHEREAS, the frozen base values, if any, of the Gateway Economic Development
Urban Renewal Area, Waukee West Urban Renewal Area, and Waukee Central Urban Renewal
Area remain unchanged by the Amendment; and
WHEREAS, the City Council has previously adopted Ordinance Nos. 2832, 2866, and
2911 to provide for the division of taxes within the Gateway Economic Development Urban
Renewal Area, pursuant to Section 403.19, Code of Iowa; and
WHEREAS, the City Council has previously adopted Ordinance No. 2865 to provide for
the division of taxes within the Waukee Central Urban Renewal Area, pursuant to Section
403.19, Code of Iowa; and
WHEREAS, the City Council has previously adopted Ordinance No. 2942 to provide for
the division of taxes for certain lots and parcels (2019 Ordinance Parcels) within the Waukee
Consolidated Urban Renewal Area, but Ordinance No. 2942 contained a scrivener’s error in the
legal description of the 2019 Ordinance Parcels which was corrected in Ordinance No. 2948;
and
WHEREAS, the Plan has subsequently been amended three times; and
WHEREAS, the Urban Renewal Area includes the lots and parcels located within the
area legally described as follows ("2020 Ordinance Parcels"):
LOTS 1 AND 3 OF PRAIRIE CROSSING PLAT 7, AN OFFICIAL PLAT, CITY OF WAUKEE, IOWA
(PARCEL #’S 1227451005, 1227451002); AND,
LOT 3 OF PRAIRIE CROSSING PLAT 6, AN OFFICIAL PLAT, CITY OF WAUKEE, IOWA
(PARCEL # 1227477003); AND,
LOTS 3 AND 5 OF WAUKEE MARKET PLACE PLAT 1, AN OFFICIAL PLAT, CITY OF
WAUKEE, IOWA (PARCEL #’S 1234226003, 1234226005); AND,
LOT 3 OF WAUKEE MARKET PLACE PLAT 2, AN OFFICIAL PLAT, CITY OF WAUKEE, IOWA
(PARCEL # 1234227003); AND,
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LOT 1 OF WESTGATE BUSINESS PARK PLAT 3, AN OFFICIAL PLAT, CITY OF WAUKEE,
IOWA, ALSO KNOWN AS PRO-LINE COMMERCIAL BUILDING II UNITS 1 THROUGH 6
(PARCEL # 1234482001 THROUGH 1234482006); AND,
LOT 1 OF COVE AT KETTLESTONE PLAT 2, AN OFFICIAL PLAT, CITY OF WAUKEE, IOWA
(PARCEL # 1603109001); AND,
LOT 2 OF THE SHOPS AT KETTLESTONE NORTH PLAT 3, AN OFFICIAL PLAT, CITY OF
WAUKEE, IOWA (PARCEL # 1604453002); AND,
LOT 1 OF HURD KETTLESTONE, AN OFFICIAL PLAT, CITY OF WAUKEE, IOWA (PARCEL #
1609277003); AND,
LOTS 1 AND 2 OF THE SHOPS AT KETTLESTONE NORTH PLAT 6, AN OFFICIAL PLAT, CITY
OF WAUKEE, IOWA (PARCEL #’S 1604405001, 1604405002); AND,
WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of
Waukee, State of Iowa, 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 on the 2020 Ordinance Parcels in the Urban Renewal
Area, as above described, in accordance with the provisions of Section 403.19 of the Code of
Iowa, as amended. [Note: The 2020 Ordinance Parcels is the only portion of the Urban
Renewal Area that will be included in this TIF Ordinance. The City has previously adopted
separate ordinances which provide for the division of revenue with respect to other portions of
the Urban Renewal Area. Nothing in this Ordinance shall amend the other ordinances nor shall
this Ordinance impact the base value or division of revenue already established in the previously
approved ordinances. The City anticipates that as other parcels develop (increase in value) in the
future, the City will adopt a separate TIF ordinance(s) on other parcels/areas within the Urban
Renewal Area. Therefore, the various TIF ordinances in this Urban Renewal Area will have
different frozen bases and different expiration dates.]
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 2020 Ordinance Parcels
of 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, Adel-DeSoto-Minburn Community School
District, 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 2020 Ordinance Parcels of the Urban Renewal Area, as shown on
the assessment roll as of January 1, 2019, being January 1 of the calendar year preceding the
effective date of this Ordinance, shall be allocated to and when collected be paid into the fund for
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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 of the 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 anywhere
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 Iowa Code Section 298.2 and taxes for the instructional support program of a school
district imposed pursuant to Iowa Code Section 257.19 (but in each case only to the extent
required under Iowa Code Section 403.19(2)); (ii) taxes for the payment of bonds and interest of
each taxing district; (iii) taxes imposed under Iowa Code Section 346.27(22) related to joint
county-city buildings; and (iv) any other exceptions under Iowa Code Section 403.19 in
existence at the time this Ordinance becomes effective shall be collected against all taxable
property within the 2020 Ordinance Parcels of 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 2020
Ordinance Parcels of the Urban Renewal Area exceeds the total assessed value of the taxable
property in the 2020 Ordinance Parcels of 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 2020 Ordinance Parcels of 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 2020 Ordinance Parcels of 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 of the Code of Iowa, as
amended, with respect to the division of taxes from property within the 2020 Ordinance Parcels
of 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
of the Code of Iowa with reference to the 2020 Ordinance Parcels of 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.
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November 21, 2016 – Ordinance 2832
November 20, 2017 – Ordinance 2866
November 19, 2018 – Ordinance 2911
November 18, 2019 – Ordinance 2942
December 16, 2019 – Ordinance 2948
November 16, 2020 – Ordinance 2976