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HomeMy WebLinkAbout2002-07-02 Ordinance Prepared by: Mitchel T. Behr, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, CHAPTER 6, ARTICLE K, SECTION 1, SENSITIVE AREAS ORDINANCE TO AMEND DEFINITION OF WETLANDS AND REGULATE ISOLATED WETLANDS. WHEREAS, Iowa City's Sensitive Areas Ordinance limits its definition of "wetlands" to those regulated by the U.S. Army Corps of Engineers, and regulates only wetlands falling within said definition; WHEREAS, the January, 2001 decision of the United States Supreme Court in Solid Waste Aqency of Northern Cook County v. U.S. Army Corps of Enqineers has decreased regulation of wetlands which are not contiguous to a navigable waterway or a tributary of a navigable waterway, often referred to as "isolated wetlands," by the U.S. Army Corps of Engineers and the iowa City Sensitive Areas Ordinance; and WHEREAS, it is in the public interest for Iowa City's Sensitive Areas Ordinance to regulate isolated wetlands. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. 14-6K-1 Sensitive Areas Ordinance is hereby amended as follows: Repeal 14-6K-1 B Definitions - WETLAND, WETLAND AREAS: WETLAND, WETLAND AREAS: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. For the purposes of this Section, "wetland" shall mean a jurisdictional wetland that is regulated by the U.S. Army Corps of Engineers, or its successor. Determination of jurisdictional wetlands shall be made either by the Corps or its successor or by a wetland specialist and accepted by the Corps or its successor. Add 14-6K-1 B Definitions - WETLAND, WETLAND AREAS: WETLAND, WETLAND AREAS: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to suppod, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Determination of wetlands under the jurisdiction and regulation of the U.S. Army Corps of Engineers shall be made either by the Corps or its successor or by a wetland specialist and accepted by the Corps or its successor. Determination of other wetlands shall be made by a wetland specialist. Repeal 14-6K-1C(3)(a)(1) Applicability - Sensitive Features governed by the Sensitive Areas Ordinance: (1) Jurisdictional wetlands as regulated by the U.S. Army Corps of Engineers, or its successor Add 14-6K-1C(3)(a)(1) Applicability - Sensitive Features governed by the Sensitive Areas Ordinance: (1) Wetlands Repeal 14-6K-ID(2) Exemptions - Maintenance/Expansion: 2. Maintenance/Expansion: Normal maintenance/expansion of existing single-family or duplex residences. Exterior remodeling, reconstruction or replacement of single-family or duplex residences in existence as of December 13, 1995, provided the new construction or related activity connected with an existing single-family or duplex residence shall not increase the footprint of the structure lying within the sensitive area by more than a maximum total of one thousand (1,000) square feet, and also provided there is no encroachment by said activities, including grading, into a jurisdictional wetland, a designated sensitive areas conservation tract and/or protected sensitive area. Add 14-6K-1 D(2) Exemptions - Maintenance/Expansion: 2. Maintenance/Expansion: Normal maintenance/expansion of existing single-family or duplex residences. Exterior remodeling, reconstruction or replacement of single-family or duplex residences in existence as of December 1:?,, 1995, provided the new construction or related activity connected with an existing single-family or duplex residence shall not increase the footprint of the structure lying within the sensitive area by more than a maximum total of one thousand (1,000) square feet, and also provided there is no encroachment by said activities, including grading, into more than ¼ acre of wetlands, a designated sensitive areas conservation tract and/or protected sensitive area. Repeal 14-6K-ID(3) Exemptions - Construction: 3. Construction: Construction of new single-family or duplex residences. Grading, clearing or development activities not to exceed a maximum total of twenty thousand (20,000) square feet in area on a tract of land for the purpose of construction, landscaping and/or associated improvements for one single-family or duplex residence, provided there is no encroachment by said activities into a jurisdictional wetland, a designated sensitive areas conservation tract and/or protected sensitive area. Add 14-6K-ID(3) Exemptions - Construction: 3. Construct[on: Construction of new single-family or duplex residences. Grading, clearing or development activities not to exceed a maximum total of twenty thousand (20,000) square feet in area on a tract of land for the purpose of construction, landscaping and/or associated improvements for one single-family or duplex residence, provided there is no encroachment by said activities into more than ¼ acre of wetlands, a designated sensitive areas conservation tract and/or protected sensitive area. Repeal 14-6K-ID(6) Exemptions - Other Activities: 6. Other Activities: Activities that disturb less than one acre of a wetland, provided such activities are approved by the U.S. Army Corps of Engineers, or its successor, through a nationwide permit. Add 14-6K-ID(6) Exemptions - Other Activities: 6. Other Activities: Activities that disturb [ess than % acre of wetlands. Repeal 14-6K-1G(3)(a)(1) Wetland Regulations - Wetland Delineation: (1) Prior to any development activity occurring on a site containing a potential "wetland" as defined above or as shown on the Sensitive Areas Inventory Map - Phase I, the property owner shall provide a delineation of the wetland area(s) accepted by the U.S. Army Corps of Engineers, or its successor, prior to the submittal to the City of a sensitive areas overlay rezoning application and a sensitive areas development plan, or a sensitive areas site plan, for City review. Add 14-6K-1G(3)(a)(1)Wetland Regulations-Wetland Delineation: (1) Prior to any development activity occurring on a site containing a potential "wetland" as defined above or as shown on the Sensitive Areas Inventory Map - Phase I, the property owner shall provide a delineation of the wetland area(s), prior to the submittal to the City of a sensitive areas overlay rezoning application and a sensitive areas development plan, or a sensitive areas site plan, for City review. Repeal the first, unnumbered paragraph of 14-6K-1G(4)(b) Wetland Mitigation b. Compensatory mitigation may be permitted only if it is clearly demonstrated minimizing the impact on a wetland is unreasonable. A permit for any development activity within a wetland area regulated by the Corps is required by the U.S. Army Corps of Engineers or its successor. If a permit is granted for development activity within a wetland, compensatory mitigation shall be required based on the following criteria, unless a greater degree of compensation is required by the Corps or its successor Add a first, unnumbered paragraph to 14-6K-1G(4)(b) Wetland Mitigation b. Compensatory mitigation may be permitted only if it is clearly demonstrated minimizing the impact on a wetland is unreasonable. A permit from the U.S. Army Corps of Engineers is required for any development activity within a wetland area regulated by the Corps or its successor. If a permit is granted for development activity within a wetland, compensatory mitigation shall be required based on the following criteria, unless a greater degree of compensation is required by the Corps or its successor. Repeal the first, unnumbered paragraph of 14-6K-1 K Fully Hydric Soils - Purpose: 1. Purpose: Fully hydric soils may indicate the potential existence of jurisdictional-wetlands and the probable existence of a high water table. The purpose of regulating lands that contain fully hydric soils is to recognize the constraints imposed on urban development projects by potential wetlands and/or high water tables. That is: Add a first, unnumbered paragraph to 14-6K-1 K Fully Hydric Soils - Purpose: 1. Purpose: Fully hydric soils may indicate the potential existence of wetlands and the probable existence of a high water table. The purpose of regulating lands that contain fully hydric soils is to 3 recognize the constraints imposed on urban development projects by potential wetlands and/or high water tables. That is: SECTION IL REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be 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 IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,20 MAYOR ATTEST: CITY CLERK Approved by City ~,ttb~ney'~ O~lce Hisbldg\ord\wetlandsamend.doc  11 South Gilbert P.O. Box 3396 The Greater Iowa City Area Iowa City, Iowa 52244 HBA Phone: (319j 351.5333 Fax: [319) 358-2443 E-mail: hbaofic@cs.com HOME BUILDERS ASSOCIATION www. iowacityhomes.com Advocates for homeownership by promoting standards for quality and affordablility June 13, 2002 Dear Councilor: Thank you for your consideration at the June 11th, Iowa City City Council meeting in regards to the proposed amendment to the Sensitive Areas Ordinance regulating isolated wetlands. As per Councilor Steven Kanner's request, I am sending you a copy of the National League of Cities' wetlands policy statement. The Greater Iowa City Area Home Builders Association remains committed to working with the Council and city officials on this matter. Again, thank you for your efforts and please do not hesitate to contact our office if we can be of any further service to you. Sincerely, Dan Smith Director of Govermnent Affairs Cc: Steve Atkins Karin Franklin .... , , Affiliated with National Associa~ion of Home Builders & Home Builders Association of lowa 8. Planning at the Federal Level that policy by adhering to the traditional rulemaking process. Federal river basin commissions should be given a stronger role in regional water resource planning. This should be While the Administration has initiated a process, subject to coupled with mechanisms for effective participation by public review and comment, to clarify the definition and local governments, delineation of wetlands, similar initiatives should now be undertaken to classify wetlands on the basis of their There will be considerable uncertainty in planning, in relative ecological function and value. Western states especially, until federal and Indian water rights are quanhfied and all claims settled. An effective While the new delineation manual may result in the dispute resolution process must be established so that all declassification of some current wetlands areas, it also affected parties are represented and decisions are made on should address and define allowable uses for areas which scientific bases. The federal government should develop remain classified as wetlands. such a dispute resolution process as quickly as possible. A classification scheme should be developed for the nation's wetlands which recognizes relative differences in 2.05 National Wetlands Policy the ecological value of individual wetlands areas, classifies them accordingly and treats them differently relative to Wetlands are among the most productive of all natr~ral landscapes. They provide food and shelter for birds, their preservation, protection or development. A sound aquatic and other wildlife, a means for improving water wetlands classification scheme must also recognize the quality and supply and are an essential source of human differential presence of wetlands among regions of the food supply. They constitute a means for controlling country and the need to exercise different policy choices floods and erosion, and provide valuable recreation and relative to their treatment for development purposes. open space areas. Thus the function and value of the nation's wetlands must be protected. Where individual wetlands areas perform relatively marginal or insignificant ecological At the same time, the needs of the nation's growing functions, their development should be allowed to population for housing, transportation and other proceed in a streamlined manner. infrastructure requires that we accommodate physical Where wetlands are of the highest ecological growth and development in our communities. Sound value and irreplaceable, development should be public policy requires recognition of the values of economic and physical development, as well as prevented completely. environmental protection. Thus, on matters involving physical development in wetlands areas, a balance must be In areas where wetlands are abundant or are the achieved among social, economic and environmental donfinant land type (e.g. in Alaska), and where inrpactsandvaines, proposed development would not result in substantial loss to overall wetlands function and The National League of Cities supports a national goal of value, replacement of lost wetlands acreage should not be required. preserving the value and function of America's wetlands. Ail wetlands, however, are not of equal ecological function and value. In areas where wetlands are very limited and losses would result in a serious reduction of The National League of Cities supports efforts to avoid wetlands functions, compensatory mitigation negative impacts on wetlands where practicable (i.e., after should be undertaken. taking into consideration cost, existing technology and logistics in light of overall project purposes), to minimize Federal, state and local governments should be encouraged them where possible and to provide reasonable to acquire wetlands and coastal lands which are being compensatory mitigation where the loss of high value disposed of by the Resolution Trust Corporation (RTC) and the Federal Deposit Insurance Corporation (FDIC). wetlands areas is significant and unavoidable. The RTC and FDIC should give priority to the disposal of The Congress should establish a comprehensive national acquired properties by act of donation to government and wetlands policy. Wetlands protection should occur not by private entities which will preserve and maintain properties memoranda of understanding between agencies, but rather in a natural state as public open space. A system for through a public process that involves broad public debate crediting the RTC and FDIC for donating property for these purposes should also be developed. over risks, costs and benefits, and the development of a national consensus. The Administration should implement 2002 £nergy. Envtrotmlen! at~d Natural Resoztrce$ Page 28 Isolated wetlands information Page 1 of 2 Marian Karr From: Becky Soglin [bsoglin@earthlink.net] Sent: Sunday, June 16, 2002 10:13 PM To: co u ncil@iowa-city.org Subject: Isolated wetlands information Dear Council Members, In response to Mr. Pfab's request for additional isolated wetlands information, please find below links regarding the law passed by the State of Wisconsin to provide isolated wetlands regulation in that state following the SWANCC decision. Both houses of the Wisconsin state legislature passed the bipartisan compromise on unanimous votes in early May 2001. The complete bill: http ://www.legis. state .wi.us/2001/data/MY 1SB- 1 .pdf The bill history: http://www.legis.state.wi.us/2001/data/my 1SB 1 hst.html In addition, the U.S. Fish and Wildlife Service issued a report June 11 on the ecology and extent of geographically isolated wetlands. The first in a planned series of ecological reports, the guide includes a special section on Iowa's prairie potholes as well as overall information about isolated wetlands that you might find of interest. The report does not address regulation or jurisdictional issues such as SWANCC. The report is available at http://wetlands.fws.gov/. I also would like to again emphasize that the U.S. Supreme Court SWANCC decision created a logphole in environmental protection and was a legal, not scientific, decision. Economic costs of protecting wetlands also need to be considered in light of at least two benefits: the potential cost-savings they provide in managing drainage and the value of wetlands as natural enhancements that increase property values. I continue to hope that the Council will stand by the original intent of the Sensitive Areas Ordinance and reinstate the regulations we had prior to SWANCC. I appreciate your ongoing willingness to consider the issue. Thank you for your time and consideration. Sincerely, Becky Soglin Co-founder, Iowa Wetlands in Need Iowa City bsoglin~earthlink.net 6/17/02 To: City Council, Iowa City Dear City Council, I am writing to urge you to reinstate isolated wetland protections in the Iowa City Sensitive Areas Ordinance that were lost as a result of the January 2001 Supreme Court SWANCC decision. I request that the staff written amendments be approved without adding any additional restrictions to the SAO. Iowa City's undeveloped areas contain a number of small wetlands, each of which plays a role in collecting and retaining water and sediment in their respective watersheds. They also efficiently remove anthropogenic substances present in runoff that would otherwise enter streams and the Iowa River. These functions occur no matter how small the wetland. The difference is only in the volume of water they can retain or the amount of pollutants they can remove. Prior to January 2001, persons wanting to develop an area containing a wetland were required to abide by the requirements in the SAO. I am not aware of any development plans that had to be abandoned because the developers were unable to meet SAO requirements. Developers were able to permit and, if necessary, mitigate wetland impact caused by their activity. To now claim that reinstatement of the same wetlands protections that existed before January 2001 would cause them a hindrance in future development activities seems to have no evidentiary basis. As a resident of Iowa City living near Scott Boulevard, I know of at least one wetland that has been or will be impacted by the extension of that road. Natural areas such as woodlands and wetlands will often be impacted by such development. However, these areas can be and have been incorporated into housing developments without removing all the trees or filling the wetlands. Mitigation wetlands have been shown to be poor imitations of the complex ecosystem they replaced. Ecosystem preservation and developers do not have to be on opposite sides of this issue. It is my hope that both natural area preservation and development will occur at the same time in the same area in future projects. I am an environmental geologist with a background in wetlands, both natural and constructed. I am also a co-founder of Iowa Wetlands in Need and a member of the Society of Wetland Scientists. Please contact me if you would like more information. Thank You Loft Goetsch, PhD 338-7438 Prepared by: Julie Tallman, Development Regulations Specialist, 410 E. Washington St., Iowa City, IA 52240; 319-356-5132 ORDINANCE NO. 02-4022 AN ORDINANCE AMENDING TITLE 14, CHAPTER 6, ARTICLE K, FLOOD PLAIN MANAGEMENT ORDINANCE TO AMEND DEFINITION OF LOWEST FLOOR; ADD DEFINITION OF SUBSTANTIAL DAMAGE; AMEND APPLICATION AND INTERPRETATION OF PROVISIONS; AMEND FLOOD PLAIN MANAGEMENT STANDARDS. WHEREAS, Iowa City will be receiving an updated Flood Insurance Rate Map (FIRM) to arrive by August 2002; WHEREAS, Iowa City must formally adopt the new FIRM as part of our floodplain management ordinance; WHEREAS, iowa City's current definition of "lowest floor" does not comply with minimum state or federal standards; WHEREAS, Iowa City's floodplain management ordinance does not include a definition of "substantial damage" as the same is defined in state and federal standards; and WHEREAS, Iowa City's floodplain management ordinance contains a requirement for fill around a new or substantially improved structure, said fill providing no real benefit beyond that afforded by elevating the lowest floor to one foot above base flood elevation. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. 14-6K-2 Flood Plain Management Ordinance is hereby amended as follows: 14-6K-2B Definitions Repeal 14-6K-2B Definitions LOWEST FLOOR: The floor of the lowest enclosed area in a building, including a basement, except when all the following criteria are met: 1. The enclosed area is designed to flood to equalize hydrostatic pressure during floods with walls or openings that satisfy the provisions of subsection Gd(1) of this Section; and 2. The enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for Iow damage potential uses, such as building access, parking or storage; and 3. Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one foot (1') above the 100-year flood elevation, In cases where the lowest enclosed area satisfies criteria 1, 2 and 3 above, the lowest floor is the floor of the next highest enclosed area that does not satisfy the criteria above. Add 14-6K-2B. Definitions LOWEST FLOOR: The floor of the lowest enclosed area in a building, including a basement, except when all the following criteria are met: 1. The enclosed area is designed to flood to equalize hydrostatic pressure during floods with walls or openings that satisfy the provisions of subsection Gd(1) of this Section; and 2. The enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for Iow damage potential uses, such as building access, parking or storage; and 3. Machinery and service facilities (e.g, hot water heater, furnace, electrical service) contained in the enclosed area are located at least one foot (1') above the 100-year flood elevation; and 4 The area is not below grade on all sides. In cases where the lowest enclosed area satisfies criteria 1, 2, 3, and 4 above, the lowest floor is the floor of the next highest enclosed area that does not satisfy the criteria above Add 14-6K-2B Definitions SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. Repeal 14~6K-2C. Application and Interpretation of Provisions: 1 Application of Provisions: These flood plain management regulations shall apply to all lands and uses which have significant flood hazards. The Flood Boundary and Floodway Map and the Flood Insurance Rate Map, dated June 5, 1985, which were prepared as part of the Iowa City Flood Ordinance No. 02-4022 Page 2 Insurance Study, shall be used to identify such flood hazard areas. All areas shown thereon to be located within the boundaries of the 100-year flood event shall be considered as having significant flood hazards. Where uncertainty exists with respect to the precise location of the 100-year flood boundary, the location shall be determined on the basis of the 100-year flood elevation at the particular site in question and shall be the responsibility of the property owner. The Iowa City Flood Insurance Study is hereby adopted by reference and is made a part of this Section for the purpose of administering flood plain management regulations. Add 14-6K-2C. Application and Interpretation of Provisions: 1. Application of Provisions: These flood plain management regulations shall apply to all lands and uses which have significant flood hazards. The Flood Boundary and Floodway Map and the Flood Insurance Rate Map, dated June 5, 1985, and any future revisions thereto, which were prepared as part of the Iowa City Flood Insurance Study, shall be used to identify such flood hazard areas. All areas shown thereon to be located within the boundaries of the 100-year flood event shall be considered as having significant flood hazards. Where uncertainty exists with respect to the precise location of the 100-year flood boundary, the location shall be determined on the basis of the 100-year flood elevation at the particular site in question and shall be the responsibility of the property owner. The Iowa City Flood Insurance Study is hereby adopted by reference and is made a part of this Section for the purpose of administering flood plain management regulations. Repeal 14-6K-2G. Flood Plain Management Standards: 1.b. Residential Buildings: All new or substantially improved residential structures within the 100-year flood plain designated in the Flood Insurance Study shall have the lowest floor, including basement, elevated a minimum of one foot (1') above the 100-year flood elevation. Construction shall be upon compacted fill which shall, at all points, be no lower than one foot (1') above the 100-year flood elevation and extend at such elevation at least eighteen feet (18') beyond the limits of any structure installed thereon. Alternate methods of elevating, such as piers, may be allowed, subject to favorable consideration by the Board of Adjustment and the Iowa Department of Natural Resources or its successor, where existing topography, street grades or other factors preclude elevating by fill. In such cases, the methods used must be adequate to support the structure as well as withstand the various forces and hazards associated with flooding. Add 14-6K-2G. Flood Plain Management Standards: 1.b. Residential Buildings: All new or substantially improved residential structures within the 100-year flood plain designated in the Flood Insurance Study shall have the lowest floor, including basement, elevated a minimum of one foot (1') above the 100-year flood elevation. Alternate methods of elevating, such as piers, may be allowed, subject to favorable consideration by the Board of Adjustment and the Iowa Department of Natural Resources or its successor, where existing topography, street grades or other factors preclude elevating by fill. In such cases, the methods used must be adequate to support the structure as well as withstand the various forces and hazards associated with flooding. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION Ill. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be 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 IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 2 day of Ju].~y ,20 02 · MAYOR , ATTEST: /, ' .; ,~ -~ ', ?' CITY CLERK Approved by Ordinance No. 02-4022 Page 3 City/(tto~s Offic'~ -- Hisbidg~ord~loodamend.doc Ordinance No. 02-4022 Page 4 It was moved by Champion and seconded by Wil burn that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell ~- Nab × Vanderhoef X Wilburn First Consideration 5/;~1/02 Voteforpassage: AYES: 0'Donne]'~, Pfab, Vanderhoef, Wi'~burn, Champion, Lehman. NAYS: Kanner. ABSENT: None. Second Consideration 6/].]./02 Voteforpassage:AYES: Wi]burn, Champion, Lehman, 0'Donnel], Pfab, Vanderhoef. NAYS: Kanner. ABSENT: None. Date published 7/].0/0? Prepared by: Madan Karr, City Clerk 410 E. Washington Street, iowa City, IA 52240; 319-356-5041 ORDINANCE NO. 02-4023 AN ORDINANCE AMENDING THE CiTY CODE TITLE 10, "PUBLIC WAYS", CHAPTER 3, "COMMERCIAL USE OF SIDEWALKS", SECTION 3, "USE OF SIDEWALK CAFES" TO ALLOW ALL SIDEWALK CAFES TO OPERATE UNTIL 12:00 MIDNIGHT· WHEREAS, a request has been made to amend the City's ordinance establishing hours for operation of sidewalk cafes with existing alcoholic beverage licenses to 12:00 midnight; and WHEREAS, sidewalk cafes currently without alcoholic beverage licenses can operate until 12:00 midnight. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 10, entitled "Public Ways", Chapter 3, "Commercial Use of Sidewalks, Section 3, "Use For Sidewalk Cafes", Subsection (C), "Days and Hours of Operation", Subparagraph 3 is hereby repealed and replaced with the following language: Sidewalk Cafes shall be set up and operated each day only between the hours of seven o'clock (7:00) A.M. and twelve o'clock (12:00) midnight, and restored to a normal pedestrianway at all other times. The ordinance shall be automatically repealed on December 31,2003 unless re-enacted by City Council. ~. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITy. If any section, provision or part of the Ordinance shall be adjudged to be 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 IV EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Pas~sed and approved this 2 day of Jul,y ,20 02 . CITY CLEt~K City Attorney's Office Ordinance No, 02-4023 Page. 2 It was moved by Champion and seconded by Wi 1 burn that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner ~ Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn First Consideration 5/21/02 Voteforpassage: AYES: Champion, Kanner, Pfab, Wilburn. NAYS: Lehman, O'Donnell, Vanderhoef. ABSENT: None. Second Consideration 6/11/02 Voteforpassage: AYES: Wilburn, Champion, Kanner, Pfab. NAYS: Lehman, Vanderhoef, O'Donnell. ABSENT: None. Date published 7/10/02 - ORDINANCE NO. 02-4024 ' .- AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE LOWER MUSCATINE ROAD & HIGHWAY 6 URBAN RENEWAL PROJECT AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON; IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVELOPMENT PROJECT. WHEREAS, the City Council of the City of Iowa City, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. 02-193 passed and approved on the 21 s, day of May, 2002, adopted an Urban Renewal Plan (the "Urban Renewal Plan") for an urban renewal area known as the Lower Muscatine Road & Highway 6 Urban Renewal Project Area (the "Urban Renewal Project Area"), which Urban Renewal Project Area includes the lots and parcels located within the area legally described as follows: An area consisting of the following tracts of land in Johnson County, Iowa: TRACT ONE Lot 1, Ohl's Subdivision. TRACT TWO All that part of the South Half (S ½) of the Southwest Quarter (SW¼) of Section 13, Township 79 North Range 6 of the 5th P.M. lying south of the Heartland Rail Corp. (Iowa Interstate Railroad) Right-of-Way, excepting therefrom portions of the tract noted below. -l- TRACT THREE ~-: ' All that part of the West Half(W½) of the Northwest Quarter (NW¼) of Section 24, Township 79 North, Range 6 West of the 5t~ P. M., lying north of U.S. Highway 6, excepting therefrom portions of the tract noted below. TRACT FOUR All that part of the Northeast Quarter (NE¼) of the Northwest Quarter CNW¼) of SectiOn 24, Township 79 North, Range 6 West of the 5th P.M., lying south of the Heartland Rail Corp. (Iowa Interstate Railroad) Right-of-Way, excepting therefrom portions of the tract noted below. TRACT FIVE THE SW-LY 60 FEET OF THE FOLLOWING DESCRIBED PEAL ESTATE: COMMENCING AT THE CENTER. OF SECTION 24, TOWNSHIP 79 NORTH RANGE 6 WEST OF THE 5TM P.M., THENCE SOUTH 89o48'20" W'EST 505.10 FEET, THENCE NORTH 0°11'40" WEST 1191.20 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING, THENCE NORTHEASTERLY 203.62 FEET ALONG A 300 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE NORTH 0°11'40" WEST 628.40 FEET, THENCE NORTH 62025'00" WEST 589.32 FEET, THENCE SOUTH 1°36'50" WEST 460.00 FEET, THENCE SOUTHWESTERLY 198.22 FEET ALONG A 306.29 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE SOUTH 38041'04" WEST 12.25 FEET, THENCE SOUTH 51018'20" EAST 700.00 FEET TO THE POINT OF BEGINNING. Exceptions And excepting therefrom the above Tracts 2, 3, and 4 the following tracts of land: -2- A tract of land beginning at the concrete monument which marks the comer common to Sections 13, 14, 23, 24, Township 79 North, Range 6 West of the 5~ P.M. thence due north 144.24 feet along the east line of Lot 20hls Subdivision, Iowa City, Johnson County, Iowa; thence North 89o58'40" east, 176.0 feet; thence South 27053'40" West, 375.31 feet; thence North 00°05'40" West, 136.38 feet; thence North 00°05'20" West, 51.05 feet along the east line of Lot 2, Ohls Subdivision to the point of beginning, excepting therefrom the following tract: Beginning at the concrete monument which marks the comer common to Sections 13, 14, 23 and 24, Township 79 North, Range 6 West of the 5th P. M., thence South 10 feet along the east line of Lot 2, Ohl's Subdivision, Iowa City, Johnson County, Iowa, to the place of beginning; thence, continuing in a southerly direction, along the Section line, South 0°5'20" East 177.43 feet to a point; thence North 27053'40" East 160 feet; thence North 64000'00" West 85 feet more or less to the point of beginning. A tract of land commencing at the center of Section 24, Township 79 North, Range 6 West of the 5th P.M., thence south 89 degrees 48 minutes 20 seconds west 505.12 feet, thence north 0 degrees 11 minutes 40 seconds west 1191.20 feet, thence northeasterly 203.62 feet along a 300 foot radius curve concave northwesterly, thence north 0 degrees 11 minutes 40 seconds west 628.40 feet, to the point of beginning, thence north 62 degrees 25 minutes 00 seconds west 589.32 feet, thence north I degree 36 minutes 50 seconds east 59.60 feet, thence northwesterly 295.59 feet along a 356.97 foot radius curve concave southwesterly, thence south 62 degrees 25 minutes 00 seconds east 681.91 feet along the southerly right of way line of the Chicago,. Rock Island & Pacific Railroad, thence south 27 degrees 35 minutes 00 seconds west 25 feet, thence south 62 degrees 25 minutes 00 seconds east 73.75 feet, thence south 0 degrees 11 minutes 40 seconds east 116.75 feet, thence southerly 124.90 feet along a 50 foot radius curve concave easterly thence south 0 degrees 11 minutes 40 seconds east 20 feet to the -3- point of beginning, together with all easements and servient estates appurtenant thereto. A tract of land COMMENCING AT THE CENTER OF SECTION 24, TOWNSHIP 79 NORTH RANGE 6 WEST OF THE 5m P.M., THENCE SOUTH 89o48'20" WEST 505.10 FEET, THENCE NORTH 0°11'40" WEST 1191.20 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING, THENCE NORTHEASTERLY 203.62 FEET ALONG A 300 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE NORTH 0°11 '40" WEST 628.40 FEET, THENCE NORTH 62°25'00" WEST 589.32 FEET, THENCE SOUTH l°36'50" WEST 460.00 FEET, THENCE SOUTHWESTERLY 198.22 FEET ALONG A 306.29 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE SOUTH 38041'04'' WEST 12.25 FEET, THENCE SOUTH 51018'20'' EAST 700.00 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE SOUTHWESTERLY 60 FEET THEREOF; BEING THAT PORTION OF THE ABOVE TRACT LYING WITHIN 60 FEET MEASURED NORMALLY IN A NORTHEASTERLY DIRECTION FROM THE COURSE DESCRIBED AS: "S51°l 8'20'' E 700.00 FEET," Together with all easements and servient estates appurtenant thereto, and subject to covenants, easements and restrictions of record. A tract of land containing 20.2 acres and located on the NW ¼ of Section 24, Township 79 North, Range 6 West of the 5th P.M., more particularly described as follows: Commencing at the midpoint on the North line of the NW ¼ of said Section 24, thence on an assumed bearing due South 1309.94 feet to the point.of beginning; thence North 38°41 '40" East 414.37 feet; thence South 51°18'20'' East 700.00 feet; thence South 38°41'40" West 1300.21 feet to the northerly right-of-way of U.S. Highway #6; thence North 51°20'00'' West, along said right-of-way line 164.26 feet; thence North 27026'00'' West, along said right-of-way line 125.34 feet; thence North 52029'40'' West, along said right-of-way line 21.12 feet; thence North 5 l°l 8'20" West, along said right-of-way line -4- -400 £ret; thence North 38°41 '40" East 835.63 feet to the = point"of beginning. This area is more commonly referred to as the Procter and Gamble site and Goodwill Industries site. WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of Iowa City, Iowa in the future to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan; and' WHEREAS, the City Council of the City of Iowa City, Iowa desires to provide for the division of revenue from taxation in the Urban Renewal Project Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section I. That the taxes levied on the taxable property in the Urban Renewal Project Area legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 2. 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 Project Area, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City of Iowa City certifies to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the division of property tax revenue described herein, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. Section 3. That portion of the taxes each year in excess of the base period taxes determined as provided in Section 2 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby established, to pay the principal of and interest on loans, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or -5- obligations issued under the authority of SeetiQn 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Iowa City, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Project Area pursuant to the Urban Renewal Plan, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Urban Renewal Project Area without any limitation as hereinabove provided. Section 4. Unless or until the total assessed valuation of the taxable property in the Urban Renewal Project Area exceeds the total assessed value of the taxable property in the Urban Renewal Project Area as shown by the assessment roll referred to in Section 2 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Urban Renewal Project 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. Section 5. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Iowa City, Iowa referred to in Section 3 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Urban Renewal Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 6. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the Urban Renewal Project Area as described above. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Urban Renewal Project Area and the territory contained therein. -6- Section 7. This Ordinance ~hall__be in effect after its final passage, approval and '~ Publication as provided by law. ATTEST: City~erk Read First Time: ,2002 Vote for passage: Read Second Time: ,2002 Vote for passage: Read Third Time: ., 2002 Vote for passage: PASSED AND APPROVED: dul¥ 2 ,2002. I, Marian K. Karr , City Clerk of the City of Iowa City, Iowa, hereby certify that the above and foregoing is a true copy of Ordinance No. 02-4024 passed and approved by the City Council of said City at a meeting held duly 2 ,2002, signed by the Mayor on 3uly ? , 2002, and published in the "Press-Citizen" on Jul ¥ 10 ,2002. City C~erk, Iowa City, Iowa (SEAL) DLILLEBO~320162\1\10714,072 -7- Ordinance lq~. 0~-4024 Page 8 ~ ~--~ .~ ~ . ~ ~_r ~-.~'~'~ It was moved by~ 0' Donne] ] and seconded by Va nderhoef that ~e O~inan~ as mad ~ adoptS, and u~ mil ~11 ~em were: AYES: NAYS: ~SE~: X ~ampion X ~nner · X Leh~n X O'Donnell X ~ab : X Vande~f X ~lbum Fi~t ~nsideration 5/21/02 Voteforpassage:AYES: Champion, Lehman, O'Donnell, Vanderhoef, ~]lburn. NAYS: Kanner, Pfab. ABSENT: None. Se~nd ~nsidemtion 6/11/02 voteforpassage AYES: Champion, Lehman, O'Donnel], Vanderhoef, ~lburn. NAYS: Kanner, Pfab. ABSENT: None. Date published 7/10/02 ORDINANCE NO. 02-4025 AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE INDUSTRIAL PARK ROAD URBAN RENEWAL PROJECT AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVELOPMENT PROJECT. WHEREAS, the City Council of the City of Iowa City, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. 02-194 passed and approved on the 21st day of May, 2002, adopted an Urban Renewal Plan (the "Urban Renewal Plan") for an urban renewal area known as the Industrial Park Road Urban Renewal Project Area (the "Urban Renewal Project Area"), which Urban Renewal Project Area includes the lots and parcels located within the area legally described as follows: An area consisting of the following tracts of land: Tract A A tract of land in the West 1/2 of Section 24, Township 79 North, Range 6 West of the Fifth Principal Meridian, more particularly described as follows: Beginning at a point which is the intersection of the Northerly right of way of U.S. Highway 6 and the Easterly right of way of Industrial Park Road, Iowa City, Iowa (said point being more particularly located as follows: commencing at the center of said Section 24; thence South -l- 88 degrees 40 minutes 00 seconds West 341.17 feet; thence South 0 degrees 50 minutes 00 seconds East 630.18 feet to the Northerly right of way line of said U.S. Highway 6; thence North 51 degrees 30 minutes 40 seconds West along said right of way 983.79 feet; thence continuing along said right of way North 39 degrees 28 minutes 00 seconds West 92.22 feet; thence continuing along said right of way North 51 degrees 20 minutes 00 seconds West 126.41 feet to said point of beginning); thence North 38 degrees 41 minutes 40 seconds East along the Easterly right of way of said Industrial Park Road 1000 feet to an iron pin; thence South 51 degrees 18 minutes 20 seconds East 650.00 feet to an iron pin; thence South 38 degrees 41 minutes 40 seconds West 1017.30 feet to an iron pin on the Northerly right of way of said U.S. Highway 6; thence North 51 degrees 30 minutes 40 seconds West 433.34 feet along said Northerly right of way to a right of way rail; thence North 39 degrees 28 minutes 00 seconds West 92.22 feet along said Northerly right of way to a right of way rail; thence North 51 degrees 20 minutes 00 seconds West 126.41 feet to the point of beginning, in Johnson County, Iowa. BEiNG, the same property conveyed to James River Paper Company, Inc., a Virginia corporation, by Deed from the City of Iowa City, Iowa, a municipal corporation, dated April 17, 1990, recorded July 17, 1990, Johnson County, Iowa Land Records in Book 1148, page 115. Tract B Lots, 1, 2, 3, 4, & 5 of Auditor's Plat No. 32 Tract C Commencing at the center of Section 24, Township 79 North, Range 6 West of the 5th P.M., thence south 89 degrees 48 minutes 20 seconds west 505.12 feet, thence north 0 degrees 11 minutes 40 seconds west 1191.20 feet, thence northeasterly 203.62 feet along a 300 foot radius curve concave northwesterly, thence north 0 degrees 11 minutes 40 -2- seconds west 628.40 feet, to the point of beginning, thence north 62 degrees 25 minutes 00 seconds west 589.32 feet, thence north 1 degree 36 minutes 50 seconds east 59.60 feet, thence northwesterly 295.59 feet along a 356.97 foot radius curve concave southwesterly, thence south 62 degrees 25 minutes 00 seconds east 681.91 feet along the southerly right of way line of the Chicago, Rock Island & Pacific Railroad, thence south 27 degrees 35 minutes 00 seconds west 25 feet, thence south 62 degrees 25 minutes 00 seconds east 73.75 feet, thence south 0 degrees 11 minutes 40 seconds east 116.75 feet, thence southerly 124.90 feet along a 50 foot radius curve concave easterly thence south 0 degrees 11 minutes 40 seconds east 20 feet to the point of beginning, together with all easements and servient estates appurtenant thereto. Tract D COMMENCiNG AT THE CENTER OF SECTION 24, TOWNSHIP 79 NORTH RANGE 6 WEST OF THE 5TM P.M., THENCE SOUTH 89048'20" WEST 505.10 FEET, THENCE NORTH 0°11 '40" WEST 1191.20 FEET TO THE POiNT OF BEGINNiNG; FROM SAID POINT OF BEGINNING, THENCE NORTHEASTERLY 203.62 FEET ALONG A 300 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE NORTH 0°11 '40" WEST 628.40 FEET, THENCE NORTH 62025'00" WEST 589.32 FEET, THENCE SOUTH l°36'50" WEST 460.00 FEET, THENCE SOUTHWESTERLY 198.22 FEET ALONG A 306.29 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE SOUTH 38041'04" WEST 12.25 FEET, THENCE SOUTH 51o18'20" EAST 700.00 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE SOUTHWESTERLY 60 FEET THEREOF; BEING THAT PORTION OF THE ABOVE TRACT LYING WITHIN 60 FEET MEASURED NORMALLY IN A NORTHEASTERLY DIRECTION FROM THE COURSE DESCRIBED AS: "S51°18'20" E 700.00 FEET," Together with all easements and servient -3- estates appurtenant thereto, and subject to covenants, casements and restrictions of record. Tract E A tract of land containing 20.2 acres and locate on the NW lA of Section 24, Township 79 North, Range 6 West of the 5th P.M., more particularly described as follows: Commencing at the midpoint on the North line of the NW ¼ of said Section 24, thence on an assumed bearing due South 1309.94 feet to the point of beginning; thence North 38°41 '40" East 414.37 feet; thence South 51°18'20" East 700.00 feet; thence South 38°41'40" West 1300.21 feet to the northerly right-of-way of U.S. Highway #6; thence North 51o20'00" West, along said right-of-way line 164.26 feet; thence North 27026'00" West, along said right-of-way line 125.34 feet; thence North 52o29'40" West, along said right-of-way line 21.12 feet; thence North 51°18'20" West, along said right-of-way line 400 feet; thence North 38041'40" East 835.63 feet to the point of beginning. Tract F The Industrial Park Road Right-of-Way from its intersection with the northerly Right-of-Way line of U.S. Highway 6 northerly to Said Right-of-Way's terminus. Tract G The entire portion of the U.S. Highway 6 Right-of-Way that abuts Tracts A and E above. (This area is more commonly referred to as the industrial lots along Industrial Park Road) WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of Iowa City, Iowa in the future to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan; and -4- WHEREAS, the City Council of the City of Iowa City, Iowa desires to provide for the division of revenue from taxation in the Urban Renewal Project Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the taxes levied on the taxable property in the Urban Renewal Project Area legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 2. 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 Project Area, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City of Iowa City certifies to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the division of property tax revenue described herein, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. Section 3. That portion of the taxes each year in excess of the base period taxes determined as provided in Section 2 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby established, to pay the principal of and interest on loans, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Iowa City, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Project Area pursuant to the Urban Renewal Plan, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Urban Renewal Project Area without any limitation as hereinabove provided. Section 4. Unless or until the total assessed valuation of the taxable property in the Urban Renewal Project Area exceeds the total assessed value of the taxable property in the Urban Renewal Project Area as shown by the assessment roll referred to in Section 2 -5- of this Ordinance, all of the taxes levied and collected upon the taxable property in the Urban Renewal Project 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. Section 5. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Iowa City, Iowa referred to in Section 3 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Urban Renewal Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 6. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the Urban Renewal Project Area as described above. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Urban Renewal Project Area and the territory contained therein. -6- Section 7. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. <4t~ayor~ - ATTEST: C}ty ~lerk - Read First Time: ., 2002 Vote for passage: Read Second Time: ,2002 Vote for passage: Read Third Time: ,2002 Vote for passage: PASSED AND APPROVED: July 2 ,2002. I, Marian K. Karr , City Clerk of the City of Iowa City, Iowa, hereby certify that the above and foregoing is a tree copy of Ordinance No. 02-4025 passed and approved by the City Council of said City at a meeting held Jul ¥ 2 ,2002, signed by the Mayor on duly 2 ., 2002, and published in the "Press-Citizen" on duly 10 ,2002. City'Clerk, Iowa City, Iowa - (SEAL) DLILLEBO~320383\I\I0714.073 -7- Ordinance No. 02-4025 Page, 8 It was moved by Vanderhoef and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion ~- Kanner · X Lehman ~ O'Donnell X Pfab ~( Vanderhoef X Wilbum First Consideration 5/21/02 Voteforpassage: AYES: Lehman, O'Donnell, Vanderhoef, W.ilburn, Champ'ion, NAYS: Kanner, Pfab. ABSENl~: None. Second Consideration 6/11/02 Voteforpassage: AYES: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. NAYS: Kanner, Pfab. ABSENT: None. Date published 7/10/02 ORDINANCE NO. 02-4026 AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE HEINZ ROAD URBAN RENEWAL PROJECT AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVELOPMENT PROJECT. WHEREAS, the City Council of the City of Iowa City, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. 02-195 passed and approved on the 21st day of May, 2002, adopted an Urban Renewal Plan (the "Urban Renewal Plan") for an urban renewal area known as the Heinz Road Urban Renewal Project Area (the "Urban Renewal Project Area"), which Urban Renewal Project Area includes the lots and parcels located within the area legally described as follows: Commencing at the intersection of the Northerly Right-of-Way Line of U.S. Highway No. 6 and the Easterly Right-of-Way Line of Scott Boulevard located in Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; said Point of Beginning; Thence Northeasterly and Northerly along Easterly Right-of Way Line of Scott Boulevard to a point on the Southerly Right-of-Way Line of the Heartland Rail Corporation; Thence Northwesterly along said Southerly Right-of-Way Line of the Heartland Rail Corporation to the most northwesterly point of Lot 4, BDI Fifth Addition; Thence Southeasterly and then Southerly along the Westerly property line of Lot 4, BDI Fifth Addition to the most Southwesterly point of Lot 4, BDI Fifth Addition, which is also the most Northwesterly point of Lot 4, BDI Second Addition; Thence Southerly and then Southwesterly along the Westerly property line of Lot 4, BDI Second Addition to the most Northwesterly point of Lot 1., BDI Fourth Addition; Thence Southwesterly along the Westerly property line of Lot 1, BDI Fourth Addition to the intersection of the Westedy property line of Lot 1, BDI Fourth Addition and the Northerly Right-of-Way Line of U.S Highway No. 6; Thence to a point perpendicular with the Southerly Right- of-Way of U.S. Highway No. 6; Thence Southeasterly along the Southerly Right-of-Way of Highway No. 6 to a point perpendicular to the Eastedy Right-of-Way of Scott Boulevard; Thence Northeasterly to the intersection -1- of the Northerly Right-of-Way of Highway 6 and the Eastedy Right-of-Way of Scott Boulevard, which is said point of beginning. (This area is more commonly referred to as the BDI Industrial Park Area.) WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of Iowa City, Iowa in the future to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan; and WHEREAS, the City Council of the City of Iowa City, Iowa desires to provide for the division of revenue from taxation in the Urban Renewal Project Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the taxes levied on the taxable property in the Urban Renewal Project Area legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 2. 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 Project Area, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City of Iowa City certifies to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the division of property tax revenue described herein, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. Section 3. That portion of the taxes each year in excess of the base period taxes determined as provided in Section 2 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby established, to pay the principal of and interest on loans, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of gection 403.9 or 403.t 2 of th~ Code of Iowa, as amended, incurred by the City of Iowa City, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Project Area pursuant to the Urban Renewal Plan, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Urban Renewal Project Area without any limitation as hereinabove provided. -:2- Section 4. Unless or until the total assessed valuation of the taxable property in the Urban Renewal Project Area exceeds the total assessed value of the taxable property in the Urban Renewal Project Area as shown by the assessment roll referred to in Section 2 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Urban Renewal Project 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 properly taxes. Section 5. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Iowa City, Iowa referred to in Section 3 hereof have been paid, all monies thereafter received from taxes upon the taxable property Jn the Urban Renewal Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 6. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the Urban Renewal Project Area as described above. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Urban Renewal Project Area and the territory contained therein. Section 7. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. ATTEST: City ~>l~rk -3- Read First Time: ,2002 Vote for passage: Read Second Time: ,2002 Vote for passage: Read Third Time: ,2002 Vote for passage: PASSED AND APPROVED: ~lul.v 2 ,2002. I, Marian K. Karr , City Clerk of the City of Iowa City, Iowa, hereby certify that the above and foregoing is a true copy of Ordinance No. 02-4026 passed and approved by the City Council of said City at a meeting held July 2 ,2002, signed by the Mayor on Jul y 2 , 2002, and published in the "Press-Citizen" on July 10 ,2002. City'Clerk, Iowa City, Iowa (SEAL) -4- Ordinande No. 02-4026 Page 5 It was moved by Champion and seconded by 0' Donne11 that the Ordinance as read be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion X Kanner '](' Lehman X O'Donnell X Pfab '~' Vanderhoef X Wilbum First Consideration 5 / 21/0;~ Voteforpassage:AYES: Vanderhoef, Wi]burn, Champion, Lehman, 0'Donne]l. NAYS: Kanner, Pfab. ABSENT~ None. Second Consideration 6/11/02 Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Champion, Lehman. NAYS: Kanner, Pfab. ABSENT: None. Date published 7/10/02