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HomeMy WebLinkAbout2021-11-15-H03B Waukee Consolidated URP Amendment 5_Split Tax Parcel Ordinance_INTRO, 1ST- 3RD READAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: November 15, 2021 AGENDA ITEM:Consideration of approval of an ordinance amending Ordinance Nos. 2948 and 2942 for the division of revenues under Section 403.19, Code of Iowa, for the Waukee Consolidated Urban Renewal Plan (Removing a Split Tax Parcel) [introduction; first, second, third (final) readings] FORMAT:Ordinance SYNOPSIS INCLUDING PRO & CON: The Waukee City Council previously adopted Ordinance 2942 for the 2019 Ordinance Parcels within the Waukee Consolidated Urban Renewal Area. However, that ordinance contained a scrivener’s error in the legal description of the 2019 Ordinance Parcels which was corrected in Ordinance No. 2948. More recently, certain property located within the Urban Renewal Area was re-platted and resulted in a tax parcel being split across a TIF district boundary. In order to avoid unnecessary confusion, bond counsel recommends amending Ordinances 2948 and 2942 to exclude the split tax parcel from the division of revenue provided for in those ordinances. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: City staff recommend waiving the second and third readings in order for the ordinance to be approved by the state-mandated deadline. 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. Proposed Ordinance PREPARED BY:Becky Schuett REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: H3B 1 ORDINANCE NO. __________ AN ORDINANCE AMENDING ORDINANCE NOS. 2948 AND 2942 PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON CERTAIN PROPERTY LOCATED WITHIN THE WAUKEE CONSOLIDATED URBAN RENEWAL AREA, IN THE 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, ADEL-DESOTO-MINBURN COMMUNITY SCHOOL DISTRICT, 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 WAUKEE CONSOLIDATED URBAN RENEWAL AREA (REMOVING A SPLIT TAX PARCEL) 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 City Council has previously adopted Ordinance No. 2942 to provide for the division of taxes for certain lots and parcels (the "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, certain property located within the Urban Renewal Area was recently re- platted and resulted in a tax parcel being split across a TIF district subarea boundary; and WHEREAS, the City has determined that in order to avoid unnecessary confusion, it will amend Ordinance Nos. 2948 and 2942 so as to exclude the split tax parcel from the division of revenue provided for in Iowa Code Section 403.19 under the provisions of Ordinance Nos. 2948 and 2942. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WAUKEE, STATE OF IOWA: 2 Section 1.The following portion of the Waukee Consolidated Urban Renewal Area shall be and is hereby removed from Ordinance Nos. 2948 and 2942, and shall no longer be subject to the division of taxes under Section 403.19 of the Code of Iowa (“Removed Property”): The South 56.48 feet of Lot 1 of Waukee Market Place Plat 3, an Official Plat, City of Waukee, Iowa, which was previously a part of Lot 2 of Waukee Market Place Plat 2 an Official Plat, City of Waukee, Iowa (Parcel No. 1234229001). (The remaining portion of Lot 2 of Waukee Market Place Plat 2 which was replatted as Lot 2 of Waukee Market Place Plat 3 shall remain within the boundary of TIF Ordinance Area 2942.) Section 2.That, except as amended herein, Ordinance Nos. 2948 and 2942 shall remain in full force and effect with respect to the 2019 Ordinance Parcels. Section 3.That nothing herein shall be interpreted as altering the boundaries or removing any property from the Urban Renewal Area (For purposes of clarity, while the Removed Property is no longer subject to the division of revenue provided for in Iowa Code Section 403.19 under Ordinance Nos. 2948 and 2942, the Removed Property remains a part of the Waukee Consolidated Urban Renewal Area). Section 4.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 5.That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. PASSED AND APPROVED this __________ day of _______________, 2021. Mayor ATTEST: City Clerk