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
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