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HomeMy WebLinkAbout2000-11-06-Resolutions 00-189_Urban Renewal Plan - Res of NecessityRESOLUTION 00-189 A RESOLUTION TO DECLARE NECESSITY AND ESTABLISH AN URBAN RENEWAL AREA,PURSUANT TO SECTION 403.4 OF THE CODE OF IOWA AND APPROVE URBAN RENEWAL PLAN AND PROJECT FOR THE WAUKEE URBAN RENEWAL AREA AND APPROVE DEVELOPMENT AGREEMENT WHEREAS,as a preliminary step to exercising the authority conferred upon Iowa cities by Chapter 403 of the Code of Iowa,the "Urban Renewal Law,"a municipality must adopt a resolution finding that one or more slums,blighted or economic development areas exist in the municipality and that the rehabilitation,conservation,redevelopment, development or a combination thereof,of such area or areas is necessary in the interest of the public health,safety or welfare of the residents of the municipality;and WHEREAS,it has been recommended that an urban renewal area be established within the boundaries set out in Exhibit A to this Resolution;and WHEREAS,a study has been conducted of the area identified above for the purpose of establishing the need to designate the area as being appropriate for commercial and industrial development;and WHEREAS,the study found that sufficient need exists to warrant finding the area an economic development area;and WHEREAS,notice of a public hearing by the City Council on the question of establishing the area identified above as an urban renewal area and on a proposed urban renewal plan and project for the area was heretofore given in strict compliance with the provisions of Chapter 403 of the Code of Iowa,and the Council has conducted said hearing;and WHEREAS,the proposed urban renewal plan and project were submitted to and approved by the Planning and Zoning Commission of the City;and WHEREAS,copies of the urban renewal plan,notice of public hearing and notice of a consultation meeting with respect to the urban renewal plan were mailed to Dallas County,Waukee Community School District and the Des Moines Area Community College;the consultation meeting was held on the 19th day of November,2000;and responses to any comments or recommendations received following the consultation meeting were made as required by law;and WHEREAS,the City proposes to enter into an agreement (the "Development Agreement")with K.C.Real Estate,L.C.(the "Company")with respect to the development of a new commercial facility in the city (the "K.C.Real Estate,L.C.");and WHEREAS,the Development Agreement would provide property tax incentives to the company in the form of incremental property tax rebates for a period of eighteen years under the authority of section 403.9(1)of the Code of Iowa;and WHEREAS,Chapter 15A of the Code of Iowa ("Chapter 15A")declares that economic development is a public purpose for which a City may provide grants,loans,tax incentives,guarantees and other financial assistance to or for the benefit of private persons;and WHEREAS,Chapter 15A requires that before public funds are used for grants,loans,tax incentives or other financial assistance,a City Council must determine that a public purpose will reasonable be accomplished by the spending or use of those funds;and WHEREAS,Chapter 15A requires that in determining whether funds should be spent,a City Council must consider any or all of a series of factors; NOW,THEREFORE,It Is Resolved by the City Council of the City of Waukee,Iowa, as follows: Section 1.An economic development area as defined in Chapter 403 of the Code of Iowa is found to exist within the boundaries set out in Exhibit A. Section 2.The area identified in Section 1 hereof is hereby declared to be an urban renewal area,in conformance with the requirements of Chapter 403 of the Code of Iowa,and is hereby designated the Waukee Urban Renewal Area. Section 3.The rehabilitation,conservation,redevelopment,development or a combination thereof,of this area is necessary in the interest of the public health,safety or welfare of the residents of the City of Waukee,Iowa. Section 4.It is hereby determined by this Council as follows: A.The proposed urban renewal plan conforms to the general plan of the municipality as a whole. B.Proposed commercial and industrial development in the urban renewal area is necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives. Section 5.The urban renewal plan for the Waukee Urban Renewal Area is made a part hereof and is hereby in all respects approved in the form presented to this Council,and the proposed project for such area based upon such plan is hereby in all respects approved. Section 6. finds that: Pursuant to the factors listed in Chapter 15A,the Council hereby (a)The KC.Real Estate,L.C.project will add diversity and generate new opportunities for the Waukee and Iowa economies; (b)The KC.Real Estate,L.C.project will generate public gains and benefits, particularly in the creation of new jobs,which are warranted in comparison to the amount of the proposed property tax incentives. Section 7.The Council further finds that a public purpose will reasonable be accomplished by entering into the Development Agreement and providing the property tax rebates to the Company. Section 8.The Development Agreement is herby approved and the Mayor and City Clerk are hereby authorized and directed to execute and deliver the Development Agreement on behalf of the City,in substantially the form and content in which the Development Agreement has been presented to this City Council,and such officers are also authorized to make such changes,modifications,additions or deletions as they,with the advice of bond counsel,may believe to be necessary,and to take such actions as may be necessary to carry out the provisions of the Development Agreement. Section 9.As provided and required by Chapter 403 of the Code of Iowa and Section 403.9,the City's obligations under the Development Agreement shall be payable solely from that portion of the income and proceeds of the Urban Renewal Tax Revenue Fund which is attributable to the property described on Exhibit B to this resolution, created as part of the ordinance which provides for the division of taxes levied on property in the Waukee Urban Renewal Area (the "KC.Real Estate,L.C.Subfund"). Section 10.The City hereby pledges to the payment of the Development Agreement the KC.Real Estate,L.C.Subfund and the taxes referred to in Subsection 2 of Section 403.19 of the Code ofIowa to be paid into such Subfund. Section 11.After its adoption,a copy of this resolution shall be filed in the office of the County Auditor of Dallas County to evidence the continuing pledging of the KC.Real Estate,L.C.Subfund and the portion of taxes to be paid into such Subfund and,pursuant to the direction of Section 403.19 of the Code of Iowa,the Auditor shall allocate the taxes in accordance therewith and in accordance with the tax allocation ordinance referred to in the preamble hereof. Section 12.All resolutions or parts thereof in conflict herewith are hereby repealed,to the extent of such conflict. Passed and approved November 6,2000 Attest: ROLL CALL VOTE A YES NAYS ABSENT Nicholas Gruber Marvin Berger Michael Watts Bill Peard Wayne Johnson x X X X X