HomeMy WebLinkAbout2019-12-16-Ordinance 2948_Urban Renewal Plan, Correcting Error in Ordinance 2942-I -
ORDINANCE NO. 2948
AN ORDINANCE AMENDING ORDINANCE NO. 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
(2019 ORDINANCE PARCELS — CORRECTING
SCRIVENER'S ERROR IN ORDINANCE NO. 2942)
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
4"' 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
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Consolidated Urban Renewal Area, but Ordinance No. 2942 contained a scrivener's error in the
legal description of the 2019 Ordinance Parcels; and
WHEREAS, this Ordinance is intended to correct the scrivener's error contained in
Ordinance No. 2942; and
WHEREAS, the Urban Renewal Area includes the lots and parcels located within the area
legally described as follows ("2019 Ordinance Parcels"):
LOT 1 OF FRIDLEY PALMS PLAT 1, AN OFFICIAL PLAT, CITY OF
WAUKEE, IOWA (PARCEL # 1227379002); AND,
LOT 1 OF FRIDLEY PALMS PLAT 2, AN OFFICIAL PLAT, CITY OF
WAUKEE, IOWA (PARCEL # 1227381001); AND,
LOT 1 OF PRAIRIE CROSSING PLAT 6, AN OFFICIAL PLAT, CITY OF
WAUKEE, IOWA (PARCEL # 1227477001); AND,
LOT 2 OF WAUKEE MARKET PLACE PLAT 2, AN OFFICIAL PLAT, CITY
OF WAUKEE, IOWA (PARCEL # 1234227002); AND,
LOT 2 OF AUTUMN RIDGE PLAT 1, AN OFFICIAL PLAT, CITY OF
WAUKEE, IOWA EXCEPT PARCEL 17-164 AS DESCRIBED WITHIN THE
PLAT OF SURVEY RECORDED IN DALLAS COUNTY IN BOOK 2017 PAGE
5251 (PARCEL # 1235306007); AND,
LOT 2 OF WESTGATE BUSINESS PARK PLAT 3, AN OFFICIAL PLAT, CITY
OF WAUKEE, IOWA, ALSO KNOWN AS PRO -LINE COMMERCIAL
BUILDING UNITS 814, 818 AND 822 (PARCEL # 1234481001, 1234481002,
1234481003); AND,
LOT 2 OF COVE AT KETTLESTONE PLAT 1, AN OFFICIAL PLAT, CITY OF
WAUKEE, IOWA (PARCEL # 1604226002); AND,
LOT 1 OF THE SHOPS AT KETTLESTONE NORTH PLAT 5, AN OFFICIAL
PLAT, CITY OF WAUKEE, IOWA (PARCEL # 1604404001); AND,
LOT 2 OF STONE PRAIRIE PLAT 4, AN OFFICIAL PLAT, CITY OF
WAUKEE, IOWA (PARCEL 1605286001).
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 2019 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 2019 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
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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 2019 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 2019 Ordinance Parcels of the Urban Renewal Area, as shown on the
assessment roll as of January 1, 2018, being the calendar year preceding the effective date of
Ordinance No. 2942, 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 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 2019 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 2019
Ordinance Parcels of the Urban Renewal Area exceeds the total assessed value of the taxable
property in the 2019 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 2019 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.
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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 2019 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 2019 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 2019 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 161h day of December, 2019.
ATTEST::
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Rebecca D. Schuett, City Clerk