HomeMy WebLinkAbout2022-11-07 Ordinance 3056_Urban Renewal Plan, North Waukee Residential-2022 Parcels-1-
ORDINANCE NO. 3056
AN ORDINANCE PROVIDING THAT GENERAL PROPERTY
TAXES LEVIED AND COLLECTED EACH YEAR ON
CERTAIN PROPERTY LOCATED WITHIN THE NORTH
WAUKEE RESIDENTIAL URBAN RENEWAI, 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, 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 NORTH WAUKEE RESIDENTIAL
URBAN RENEWAL AREA (2022 ORDINANCE PARCELS)
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. 2020-429 passed and approved on
the 16"' day of November, 2020, adopted an Urban Renewal Plan (the "Urban Renewal Plan") for
an urban renewal area known as the North Waukee Residential Urban Renewal Area (the "Urban
Renewal Area"); and
WHEREAS, the City Council has previously adopted Ordinance No. 3012 to provide for
the division of taxes for certain lots and parcels (the "2021 Ordinance Parcels") within the North
Waukee Residential Urban Renewal Area; and
WHEREAS, which Urban Renewal Area also includes the lots and parcels located within
the area legally described as follows ("2022 Ordinance Parcels"):
Lot I of Bricktowne at Prairie Crossing Plat 1, an Official Plat, City of Waukee,
Iowa, also known as Bricktowne Prairie Crossing Condominiums including
Building 1 Units 101 through 120, Units 201 through 220 and Units 301 through
320 (Parcel No. 1227453183 through 1227453242); and,
Lot 6 of Bricktowne at Prairie Crossing Plat 1, an Official Plat, City of Waukee,
Iowa, also known as Bricktowne Prairie Crossing Condominiums Building 4 Units
101 through 120, Units 201 through 220 and Units 301 through 320 (Parcel No.
1227453243 through 1227453302); and
WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of
Waukee, State of Iowa, in the future to finance urban renewal project activities carried out in
furtherance of the objectives of the Urban Renewal Plan; and
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WHEREAS, the City Council of the City of Waukee, State of Iowa, desires to provide for
the division of revenue from taxation on 2022 Ordinance Parcels of the Urban Renewal Area, as
above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as
amended. [Note: 2022 Ordinance Parcels is the only portion of the Urban Renewal Area that
will be included in this TIF Ordinance. The City has previously adopted a separate ordinance
which provides 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 2022 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, 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 2022 Ordinance Parcels of the Urban Renewal Area, as shown on the
assessment roll as of January 1, 2021, 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 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 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 shall be collected against all taxable property
within 2022 Ordinance Parcels of the Urban Renewal Area without any limitation as hereinabove
provided.
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Section 4. Unless or until the total assessed valuation of the taxable property in 2022
Ordinance Parcels of the Urban Renewal Area exceeds the total assessed value of the taxable
property in 2022 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 2022 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 2022 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 2022 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 2022 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.
PASSED AND APPROVED this 7t' day of November, 2022.
Mayor P4eTem
ATTEST:
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City Clerk