HomeMy WebLinkAbout2004-07-12-Ordinance 2475_Urban Renewal Plan, 2004 AdditionORDINANCE NO.2475
AN ORDINANCE PROVIDING FOR THE DIVISION OF TAXES
LEVIED ON TAXABLE PROPERTY IN THE 2004 ADDITION TO
THE WAUKEE URBAN RENEWAL AREA,PURSUANT TO
SECTION 403.19 OF THE CODE OF IOWA
WHEREAS,an ordinance entitled "An Ordinance Providing For The Division Of
Taxes Levied On Taxable Property In The Waukee Urban Renewal Area of the City of
Waukee,Iowa,Pursuant To Section 403.19 of the Code ofIowa"was previously enacted
by the Council ofthe City of Waukee,Iowa;and
WHEREAS,pursuant to said ordinance the Waukee Urban Renewal Area in the
City of Waukee was designated a "tax increment area";and
WHEREAS,the City Council now desires to change the size of the "tax
increment area"by adding and deleting certain properties;
BE IT ENACTED by the Council of the City of Waukee,Iowa:
Section 1.Purpose.The purpose of this ordinance is to provide for the
division of taxes levied on the taxable property in the 2004 Addition to the Waukee
Urban Renewal Area of the City of Waukee,Iowa,each year by and for the benefit of the
state,city,county,school districts or other taxing districts after the effective date of this
ordinance in order to create a special fund to pay the principal of and interest on loans,
moneys advanced to or indebtedness,including bonds proposed to be issued by the City
of Waukee to finance projects in such area.
Section 2.Definitions.For use within this ordinance the following terms
shall have the following meanings:
"City"shall mean the City of Waukee,Iowa.
"County"shall mean the County of Dallas,Iowa.
"Urban Renewal Area Amendment"shall mean the 2004 Addition to the Waukee
Urban Renewal Area of the City of Waukee,Iowa,the legal descriptions of which are set
out below,approved by the City Council by resolution adopted on the 3rd day of May,
2004:
The property which is being added to the Urban Renewal Area is legally described as:
Certain real property situated in the City of Waukee,County of Dallas,State of
Iowa,more particutarly described as:
Hickory Commercial,Plat I
Sectiou 33
Township 79
Range 26
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Koethe Addition,Lot 1
Section 33
Township 79
Range 26 I
Parcel A E1I2 ofNE1I4
Section 33
Township 79
Range 26
Candleridge Park
Lot 3,Ex Parcel A
Section 33
Township 79
Range 26
Park View Crossing,Lot 56,Lot 57
Section 4
Township 78
Range 26
Park View Crossing,Plat 4,Lot 1
Section 4
Township 78
Range 26
S420'N1I2SE LYG E ofRR
Section 29
Township 79
Range 26
SE SE lEX RR &EX 100'X 153'except Northern Natural Gas
Section 29
Township 79
Range 26
SWSEIEXRR
Section 29
Township 79
Range 26
Section 3.Provisions for Division of Taxes Levied on Taxable Property in the
Urban Renewal Area Amendment.After the effective date of this ordinance,the taxes
levied on the taxable property in the Urban Renewal Area Amendment each year by and
for the benefit of the State ofIowa,the City,the County and any school district or other
taxing district in which the Urban Renewal Area Amendment is located,shall be divided
as follows:
(a)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 Urban Renewal Area Amendment,as shown
on the assessment roll as of January I of the calendar year preceding the first calendar
year in which the City certifies to the County Auditor the amount of loans,advances,
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indebtedness,or bonds payable from the special fund referred to in paragraph (b)below,
shall be allocated to and when collected be paid into the fund for the respective taxing
district as taxes by or for said taxing district into which all other property taxes are paid.
For the purpose of allocating taxes levied by or for any taxing district which did not
include the territory in the Urban Renewal Area Amendment on the effective date of this
ordinance,but to which the territory has been annexed or otherwise included after the
effective date,the assessment roll applicable to property in the annexed territory as of
January 1 of the calendar year preceding the effective date of the ordinance which
amends the plan for the Urban Renewal Area Amendment to include the annexed area,
shall be used in determining the assessed valuation of the taxable property in the annexed
area.
(b)that portion of the taxes each year in excess of such amounts shall be
allocated to and when collected be paid into a special fund of the City to pay the principal
of and interest on loans,moneys advanced to or indebtedness,whether funded,refimded,
assmned or otherwise,including bonds issued nnder the authority of Section 403.9(1),of
the Code of Iowa,incurred by the City to finance or refinance,in whole or in part,
projects in the Urban Renewal Area Amendment,except that taxes for the payment of
bonds and interest of each taxing district shall be collected against all taxable property
within the taxing district without limitation by the provisions of this ordinance.Unless
and until the total assessed valuation of the taxable property in the Urban Renewal Area
Amendment exceeds the total assessed value of the taxable property in such area as
shown by the assessment roll referred to in subsection (a)of this section,all of the taxes
levied and collected upon the taxable property in the Urban Renewal Area Amendment
shall be paid into the funds for the respective taxing districts as taxes by or for said taxing
districts in the same manner as all other property taxes.When such loans,advances,
indebtedness,and bonds,if any,and interest thereon,have been paid,all money thereafter
received from taxes upon the taxable property in the Urban Renewal Area Amendment
shall be paid into the funds for the respective taxing districts in the same manner as taxes
on all other property.
(c)the portion of taxes mentioned in subsection (b)of this section and the
special fund into which that portion shall be paid may be irrevocably pledged by the City
for the payment of the principal and interest on loans,advances,bonds issued under the
authority of Section 403.9(1)ofthe Code oflowa,or indebtedness incurred by the City to
finance or refinance in whole or in part projects in the Urban Renewal Area Amendment.
(d)as used in this section,the word "taxes"includes,but is not limited to,all
levies on an ad valorem basis upon land or real property.
Section 4.The following real property is hereby deleted from the tax
increment area for the Waukee Urban Renewal Area and shall no longer be subject to the
division of taxes described in Section 3 of this Ordinance and Section 403.19 of the Code
oflowa:
The property which is being deleted from the Urban Renewal Area is legally described as:
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Certain real property situated in the City of Waukee,County of Dallas,State of Iowa,
more particularly described as:
Williams Pointe,Plat 5,Lot 4
Section 35
Township 79
Range 26
Outlots B,C,D,E,F of the SW
Section 27
Township 79
Range 26
Section 5.Repealer.All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 6.Saving Clause.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 as a whole or any section,provision or part thereof not adjudged
invalid or unconstitutional.
Section 7.Effective Date.This ordinance shall be effective after its final
passage,approval and publication as provided by law.
Passed by the Council of the City of Waukee,Iowa,the 12th day of July 2004.
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Attest:
Mark J.Arentse,ity Administrator/Clerk
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