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
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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:
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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