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HomeMy WebLinkAbout2000-11-27-Ordinance 2334_Urban Renewal PlanORDINANCE NO.2334 An Ordinance Providing for the Division of Taxes Levied on Taxable Property in the Waukee Urban Renewal Area,Pursuant to Section 403.19 of the Code ofIowa I 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 Waukee Urban Renewal Area,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"shall mean the Waukee Urban Renewal Area,the boundaries of which are set out below,such area having been identified in the Urban Renewal Plan approved by the City Council by resolution adopted on November 6,2000: Walnut TWP,T79N,R26W The SW 14 and SE 14 Section 28. The S Vz of SE 14 of NE 1,4 of SE 1,4 ,Section 33,consisting of 5 acres. The E Y2 of the NW 1,4 of Section 33 of those City blocks that form the Downtown Business District including:Lots 13 through 18,Block 9,Waukee 1st Addition;Lots 21 through 26 and vacated street right-of-way north of Lot 26,Block 10,Waukee 1st Addition;Block 9,Waukee Original Town;Lots 11 through 22,Block 11,Waukee 1st Addition;Blocks 7 and 8,Waukee Original Town and parcels north of Blocks 7 and 8 and south of railroad right-of-way;Blocks 9, 10 and 11,Waukee Original Town. W Y2 of Lot 3,Candleridge Park,an official plat in the NE 14 of Section 33. -3 - DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA The SE 1,4 of Section 27. A parcel of land in Section 27,more particularly described as follows: Beginning at the southwest comer of said Section 27;thence North 90°00'00"West,50.00 feet; thence North 00°27'01"East,1,402.56 feet;thence North 90°00'00"East,100.00 feet;thence South 00°27'01"West,130.00 feet;thence North 90°00'00"East,723.42 feet;thence Southeasterly 109.02 feet along the arc of a curve concave southwesterly and having a central angle of 31°13'58",a radius of 200.00 feet and a chord that bears South 74°23'01"East,107.68 feet;thence South 58°46'02"East,502.59 feet;thence Southeasterly 205.14 feet along the arc of a curve concave southwesterly and having a central angle of 58°46'02",a radius of 200.00 feet and a chord that bears South 29°23'01"East,196.26 feet;thence South 00°00'00"East, 811.92 feet the south line of said Section 27;thence North 90°00'00"West,1,413.18 feet along the south line of said Section 27 to the point of beginning containing 40.55 acres,more or less. A parcel of land located in Section 27,being described as follows: Beginning at the south v..comer of said Section 27;thence North 90°00'00"West,1,224.51 feet;thence North 00°00'00"West,811.92 feet;thence northwesterly,59.31 feet along the arc of a curve concave southwesterly and having a central angle of 16°59'32",a radius of 150.00 feet and a chord that bears North 08°29'46"West,59.10 feet;thence North 31°13'58"East, 236.60 feet;thence southeasterly,70.92 feet along the arc of a curve concave northeasterly and having a central angle of 12°18'47",a radius of 330.00 feet and a chord that bears South 75°38'24"East,70.78 feet;thence North 00°00'00"West,1,581.10 feet,to a point on the north line of the Southwest 114of said Section 27;thence South 89°59'30"East,1,065.15 feet,along the north line of the Southwest 1,4 of said Section 27,to the center of said Section 27;thence South 00°30'12"West,2,636.17 feet along the west line of the Southwest 1,4 of said Section 27, to the point of beginning containing 68.00 acres,more or less. The E lf2 of the NE 1,4 and E lf2 of the SE v..of Section 34. The W lf2 of the NE 1,4 of Section 35 except those properties which are located outside the corporate City limits of Waukee.The W V2 of the SW v..of Section 35.The NW v..of the Section 35. The SW v..of SW v..of Section 26. A parcel of land located in Section 26,being described as follows: Beginning at a point on the east line of SW 1,4 of the SW 1,4 of Section 26,with said point being one thousand thirty-four and five tenths (1,034.5)feet north of the south line of said Section 26;thence easterly three hundred (300.0)feet;thence southerly four hundred ninety-four and five tenths (494.5);thence southeasterly three hundred eighty-seven and thirty-three hundredths (387.33)feet more or less;thence southerly two hundred ninety-five 295.0)feet to a point on the south line of said Section 26 six hundred (600)feet to the southeast comer of -4- DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA SW ';"of the SW v..of said Section 26;thence northerly along the east line of SW 1;"of the SWv..of said Section 26 to the point of beginning. Boone TWP,T78N,R26W Those properties which are located within the corporate limits of City of Waukee more particularly described as follows: NE v..of SE v..of Section 7,and the E 15 Ac.of NW 1;"of SE ';"of Section 7. The NW v..of the SW ',4 of Section 8,N or 1-80 except Leonard's Subdivision,an official plat, and except the N 450 feet of E 500 lying S of Leonard's Subdivision. The E V2of SW v..of Section 8,N of 1-80,and the SE v..of the NW 1/4 of Section 8,except Lot 1,Sugar Creek Estates,an official plat,and Except an irregular parcel of 2.62 acres in the SE ';" ofNW ';",and 3.029 acres ofNE v..of SW ';"of Section 8. The W V2of SE ';"of Section 8 N of 1-80,and the SW ';"of the NE ';"of Section 8,except Sugar Creek Estates,an official plat and Replat of Oakwood Estates,an official plat. The SE v..of SE v..of Section 8 N of 1-80 except irregular parcel lying north of Sugar Creek. The SW v..of SW ';"of Section 9 N of 1-80.]The E Yz ofNW v..,and the E V2of SW ';"of Section 9,N ofl-80. The W V2of NE ';'"and the W V2of SE ';"of Section 9,N ofl-80. The NE ';"of NE v..of Section 9. The W V2of NW v..of Section 10 N ofl-80.The SE 1;"of NW ';"of Section 10 N ofl-80. The N 568 feet of the W 480 feet of the NE 1;"of NW ';"of Section 10. The W Yz of W Yz of Section 3,W of centerline of Waco Place. The E Yz of E V2of Section 4. The E Yz of the W V2of SE v..and E V2of E V2of Section 4. The G.L.2,G.L.7 and G.L.10 of Section 4. -5 -j DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA STREET RIGHT·OF·WAY The City of Waukee Urban Renewal Area includes the full right-of-way or half right-of-way of streets which form the boundary of the area.Streets within the Urban Renewal Area include the following: N '12 of University Avenue between Waukee east corporate limits and centerline of Waco Place.Full right-of-way of University Avenue between centerline of Waco Place and W right- of-way of Warrior Lane.Full right-of-way between W right-of-way of Warrior Lane and E right-of-way of Ute Avenue (R 22). Full right-of-way width of Hickman Road (Highway 6)between east right-of-way line of Tenth Street and east corporate limits extending Nand S across Hickman Road,and from that point S y,of right-of-way to easterly corporate limits. Full right-of-way width of Alice's Road between S right-of-way line of Hickman Road to N right-of-way line of University Avenue,and full right-of-way between N right-of-way line of Hickman Road to N line of SE 1/4 of SE 1/4 of Section 27,T79N,R26W;The W Y,of right- of-way from N line of S 1/4 of SE 1/4 of Section 27,T79N,R26W,to N line of S 1/4 of said Section 27. Full right-of-way width of Warrior Lane between N line of SW 1/4 of Section 27,T79N, R26W,and N right-of-way line of University Avenue. Full right-of-way width of LA Grant Parkway between S right-of-way line of University Avenue and S line of G.L.5 of Section 4,T78N,R26W. Full right-of-way width of Sixth Street (Ute Avenue)from N line of S 1/2 of SW 1/4 of Section 28 T79N,R26W to the N right-of-way line ofI-80. The E '12 right-of-way of Tenth Street from the N line of SW 1/4 of Section 28,T79N,R26W to N line of S 420 feet of NE 1/4 of SE 1/4 of Section 28,and full right-of-way of Tenth Street from the N line of S 420 feet of N 1/4 of SE 1/4 of Section 28 to the N right-of-way line of Hickman Road. The E '12 right-of-way of U Place between N line of SW 1/4 of SW 1/4 of Section 7 T78N, R26W to N line of 1-80. The W '12 right-of-way of Waco Place from N line of Section 3,T78W,R26W,to S line of said Section 3. Section 3.Provisions for Division of Taxes Levied on Taxable Property in the Urban Renewal Area.After the effective date of this ordinance,the taxes levied on the taxable property in the Urban Renewal Area each year by and for the benefit of the State of Iowa,the City,the -6- DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA County and any school district or other taxing district in which the Urban Renewal Area is located,shall be divided as follows:I(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,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,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 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 I of the calendar year preceding the effective date of the ordinance which amends the plan for the Urban Renewal Area 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,refunded,assumed or otherwise, including bonds issued under 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,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 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 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 shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. j (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)of the Code of Iowa,or indebtedness incurred by the City to finance or refinance in whole or in part projects in the Urban Renewal Area. (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.ISection4.Repealer.All ordinances or parts of ordinances III conflict with the provisions of this ordinance are hereby repealed. -7 - DORSEY &wmTNEY LLP,ATTORNEYS,DES MOINES,IOWA Section 5.Saving Clause.IT 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 6.Effective Date.This ordinance shall be effective after its final passage,approval and posting as provided by law. Passed and approved by the Council of the City of Waukee,Iowa,on November 27,2000. Attest: Mark J.Arentsen,ity Administrator -8 - DORSEY &WIDTNEYLLP,ATTORNEYS,DES MOINES,IOWA