HomeMy WebLinkAbout1995-03-20-Ordinance 2203_Urban Renewal Plan, Enterprise Business ParkORDINANCE NO. 2203
An ordinance Providing for the Division of Taxes Levied on Taxable Property in the
Enterprise Business Park Urban Renewal Area, Pursuant to Section 403.19 of the Code of Iowa.
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 Enterprise Business Park 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 Enterprise Business Park 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 March 20, 1995:
A PARCEL OF LAND LOCATED IN SECTION 27 AND SECTION 28,
TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH PRINCIPAL
MERIDIAN, CITY OF WAUKEE, DALLAS COUNTY, IOWA, BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 27,
THENCE NORTH 90000'00" WEST, 50.00 FEET;
THENCE NORTH 0002701" EAST, 1,402.56 FEET;
THENCE NORTH 90000'00" EAST, 100.00 FEET;
THENCE SOUTH 00027'01" WEST, 130.00 FEET;
THENCE NORTH 90000'00" EAST, 723.42 FEET;
THENCE SOUTHEASTERLY, 109.02 FEET ALONG THE ARC OF A CURVE
CONCAVE SOUTHWESTERLY AND HAVING A CENTRAL ANGLE OF
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31 ° 13'58", A RADIUS OF 200.00 FEET AND A CHORD THAT BEARS
SOUTH 74023'01" EAST, 107.68 FEET;
THENCE SOUTH 58046'02" 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 29023'01" EAST, 196.26 FEET;
THENCE SOUTH 00000'00" EAST, 811.92 FEET TO THE SOUTH LINE OF
SAID SECTION 27;
THENCE NORTH 90000'00" 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 PERMANENT 100.00 FOOT WIDE STORM SEWER AND SURFACE
FLOWAGE EASEMENT LOCATED IN THE SOUTHEAST QUARTER OF
SECTION 28, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, CITY OF WAUKEE, DALLAS COUNTY, IOWA,
WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 28,
THENCE NORTH 00027'01" EAST, 1,196.42 FEET ALONG THE EAST LINE
OF SAID SECTION 27 TO THE POINT OF BEGINNING OF SAID
CENTERLINE;
THENCE NORTH 57015'16" WEST, 690.09 FEET;
THENCE NORTH 89058'52" WEST, 406.00 FEET;
THENCE NORTH 35058'52" WEST, 185.00 FEET;
THENCE NORTH 05036'48" EAST, 329.00 FEET;
THENCE NORTH 34051' 17" EAST, 349.00 FEET;
THENCE NORTH 12001'08" EAST, 318.37 FEET MORE OR LESS TO THE
NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 28
AND THE POINT OF TERMINATION OF SAID CENTERLINE. THE
EDGES OF THE EASEMENT ARE TO BE EXTENDED OR SHORTENED
TO TERMINATE AT THE EAST AND NORTH LINES OF THE SOUTHEAST
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QUARTER OF SAID SECTION 28. THE EASEMENT CONTAINS 5.23
ACRES MORE OR LESS. THIS INCLUDES 0.09 ACRES MORE OR LESS
OF ROAD RIGHT-OF-WAY. THE BEARING ON THE EAST SIDE OF
SECTION 28 IS ASSUMED.
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
County and any school district or other taxing district in which the Urban Renewal Area 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, as shown of the assessment roll as of January 1,
1994, 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 as of January 1,
1994, shall be used in determining the assessed valuation of the taxable property in the Urban
Renewal Area on the effective date.
(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.
(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.
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(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. Repealer. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 5. 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 6. Effective Date. This ordinance shall be effective after its final passage,
approval and publication as provided by law.
Passed and approved by the Council of the City of Waukee, Iowa, on the day of
1995.
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Attested:
Kurt A. Rueckel
City Clerk
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Claire L. Chedester
MAYOR