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HomeMy WebLinkAbout2023-11-20 Ordinance 3096_Urban Renewal Plan, North Waukee Residential-2023 ParcelsORDINANCI? NO. 3096 AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON CERTAIN PROPERTY LOCATED WITHIN THE NORTH WAUKEE RESIDENhIAL 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, 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 INDEB"ITEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY THE CITY IN CONNECTION WITH THE NORTH WAUKEE RESIDENTIAL URBAN RENEWAL AREA (2023 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, the City Council has previously adopted Ordinance No. 3056 to provide for the division of taxes for certain lots and parcels (the "2022 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 ("2023 Ordinance Parcels"): Lot 1 of Prairie Crossing Plat 8, an Official Plat, City of Waukee, Iowa, also known as Bricktowne Prairie Crossing Condominiums including Building 7 Units 101 through 117, Units 201 through 218, and Units 301 through 318, Building 8 Units 101 through 117, Units 201 through 218, and Units 301 through 318, Building 9 Units 101 through 117, Units 201 through 218, and Units 301 through 318 (11arcel No. 1227453303 through 1227453461) 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 W1 IEREAS, the City Council of the City of Waukee, State of Iowa, desires to provide for the division of revenue from taxation on 2023 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: 2023 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 2023 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 2023 Ordinance Parcels of the Urban Renewal Area, as shown on the assessment roll as of January 1, 2022, 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 (1) 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 2023 Ordinance Parcels of the Urban Renewal Area without any limitation as hereinabove provided. -2- Section 4. Unless or until the total assessed valuation of the taxable property in 2023 Ordinance Parcels of the Urban Renewal Area exceeds the total assessed value of the taxable property in 2023 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 2023 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 2023 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 2023 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 2023 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 20th day of November, 2023. ATTEST: City Clerk — 00�-' Mayor -3-