ORDINANCE NO. 3164 AN ORDINANCE AMENDING ORDINANCE NO. 3084, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED KETTLESTONE PHASE 2 COMMERCIAL URBAN RENEWAL AREA, IN CITY OF WAUKEE, COUNTY OF DA

ORDINANCE NO. 3164 AN ORDINANCE AMENDING ORDINANCE NO. 3084, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED KETTLESTONE PHASE 2 COMMERCIAL URBAN RENEWAL AREA, IN CITY OF WAUKEE, COUNTY OF DALLAS STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF WAUKEE, COUNTY OF DALLAS, WAUKEE 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 THE CITY IN CONNECTION WITH THE AMENDED KETTLESTONE PHASE 2 COMMERCIAL URBAN RENEWAL AREA (AMENDMENT NO. 1 TO THE KETTLESTONE PHASE 2 COMMERCIAL URBAN RENEWAL PLAN) WHEREAS, the City Council of the City of Waukee, State of Iowa, has heretofore, in Ordinance No. 3084, provided for the division of taxes within the Kettlestone Phase 2 Commercial Urban Renewal Area ("Phase 2 Area" or "Phase 2 Urban Renewal Area"), pursuant to Section 403.19, Code of Iowa; and WHEREAS, the following territory now has been removed from the Kettlestone Phase 2 Commercial Urban Renewal Area through the adoption of Amendment No. 1 to the Kettlestone Phase 2 Commercial Urban Renewal Plan ("Phase 2 Amendment No. 1 Subarea"): Lot 1, Kettlestone Central DWR Plat 1 an Official Plat, now included in and forming a part of the City of Waukee, Dallas County, Iowa; and WHEREAS, indebtedness has been incurred by the City, and additional indebtedness is anticipated to be incurred in the future, to finance urban renewal project activities within the amended Kettlestone Phase 2 Commercial Urban Renewal Area, and the continuing needs of redevelopment within the amended Kettlestone Phase 2 Commercial Urban Renewal Area are such as to require the continued application of the incremental tax resources of the amended Kettlestone Phase 2 Commercial Urban Renewal Area; and WHEREAS, the following enactment is necessary to accomplish the objectives described in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WAUKEE, STATE OF IOWA, THAT: Ordinance Number 3084 is hereby amended to read as follows: Section 1. For purposes of this Ordinance, the following terms shall have the following meanings: a) Original Phase 2 Area means that portion of the City of Waukee, State of Iowa, described in the Urban Renewal Plan for the Kettlestone Phase 2 Commercial Urban Renewal Area approved by Resolution No. 2023-230 on the 5th day of June, 2023, which includes the lots and parcels located within the area legally described as follows: Parcel 21-96 as shown in the Plat of Survey recorded in Book 2021 Page 31554, City of Waukee, Dallas County, Iowa, EXCEPT for the following: Parcel 22-121 and 22-122 of the Plat of Survey recorded in Book 2022 Page 20745, City of Waukee, Dallas County, Iowa (Parcel #1604200029, 1604200031), Parcel 23-22 and 23-24 of the Plat of Survey recorded in Book 2023 Page 3367, City of Waukee, Dallas County, Iowa (Parcel #1604200033, 1604200035), Parcel 23-27 of the Plat of Survey recorded in Book 2023 Page 3368, City of Waukee, Dallas County, Iowa (Parcel #1604200036) and, a part of Parcel 21-96 of the Plat of Survey recorded in Book 2021 Page 31554, City of Waukee, Dallas County, Iowa and more particularly described as follows: Beginning at the Southwest Corner of said Parcel 21-96; thence North 0027'16" East along the westerly line of said Parcel 21-96, a distance of 58.33 feet; thence South 5103'50" East, 25.38 feet; thence North 8356'10" East, 148.38 feet; thence North 8928'40" East, 51.78 feet; thence North 8356'10" East, 326.90 feet; thence South 0607'23" East, 35.00 feet to the Southerly line of said Parcel 21-96; thence South 8356'10" West along said southerly line 551.42 feet to the Point of Beginning and containing 0.47 acres. (Parcel #1604200032, 1604200034); and, Parcel 23-37 of the Plat of Survey recorded in Book 2023 Page 5011, City of Waukee, Dallas County, Iowa (Parcel #1604200037); and b) Phase 2 Amendment No. 1 Subarea means that portion of the City of Waukee, State of Iowa, described in the Phase 2 Amendment to the Phase 2 Urban Renewal Plan for the Kettlestone Phase 2 Commercial Urban Renewal Area approved by Resolution No. 2025-428 on the 3rd day of November, 2025, which Phase 2 Amendment No. 1 Subarea removes the lots and parcels located within the area legally described as follows: Lot 1, Kettlestone Central DWR Plat 1 an Official Plat, now included in and forming a part of the City of Waukee, Dallas County, Iowa. c) Amended Phase 2 Area means that portion of the City of Waukee, State of Iowa, included within the Original Phase 2 Area except the portion removed by the Phase 2 Amendment, which Amended Phase 2 Area includes the following parcels: The following real property situated in the City of Waukee, Dallas County, Iowa: Outlot Z, Kettlestone Central South Plat 2 Outlot Y, Kettlestone Central South Plat 2 Lot 5, Kettlestone Central South Plat 2 Lot 1, Kettlestone Central South Plat 2 Lot 2, Kettlestone Central South Plat 2 Lot 6, Kettlestone Central South Plat 2 Lot 3, Kettlestone Central South Plat 2 Lot 4, Kettlestone Central South Plat 2 Lot 7, Kettlestone Central South Plat 2 All lots and outlots are part of Kettlestone Central South Plat 2, an Official Plat, now included in and forming a part of the City of Waukee, Dallas County, Iowa. Section 2. The taxes levied on the taxable property in the Amended Phase 2 Area, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, County of Dallas, Iowa, Waukee 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 3. As to the Amended Phase 2 Area, 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 taxing property in the Amended Phase 2 Area upon the total sum of the assessed value of the taxable property in the Amended Phase 2 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 Waukee, State of Iowa, certifies to the Auditor of Dallas County, Iowa 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 4. That portion of the taxes each year in excess of the base period taxes for the Amended Phase 2 Area, determined as provided in Section 3 of this Ordinance, shall be allocated to and when collected be paid into the special tax increment fund previously established by the City of Waukee, State of Iowa, to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, including bonds issued under authority of Section 403.9 or Section 403.12, Code of Iowa, incurred by the City of Waukee, State of Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Amended Phase 2 Area pursuant to the Phase 2 Urban Renewal Plan, as amended, except that (i) taxes for the regular and voter-approved physical plant and equipment levy of a school district imposed pursuant to Section 298.2, Code of Iowa, and taxes for the instructional support program of a school district imposed pursuant to Section 257.19, Code of Iowa,(but in each case only to the extent required under Section 403.19(2), Code of Iowa); (ii) taxes for the payment of bonds and interest of each taxing district; (iii) taxes imposed under Section 346.27(22), Code of Iowa, related to joint county-city buildings; and (iv) any other exceptions under Section 403.19, Code of Iowa, shall be collected against all taxable property within the Amended Phase 2 Area without any limitation as hereinabove provided. Section 5. Unless or until the total assessed valuation of the taxable property in the Amended Phase 2 Area exceeds the total assessed value of the taxable property in the Amended Phase 2 Area as shown by the assessment roll referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Amended Phase 2 Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6. At such time as the loans, monies advanced, bonds and interest thereon and indebtedness of the City of Waukee, State of Iowa, referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Amended Phase 2 Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7. 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 continue the division of taxes from property within the Amended Phase 2 Area under the provisions of Section 403.19, Code of Iowa. 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, Code of Iowa, with reference to the Amended Phase 2 Area and the territory contained therein. Section 8. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. PASSED AND APPROVED this 17th day of November, 2025. Courtney Clarke, Mayor ATTEST: Rebecca D. Schuett, City Clerk November 20 2025 LIOW0408652