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HomeMy Public PortalAboutOrdinances-2021-489Tiffin/ 436989-35/ UR Hrg Add to Area & Ord -1 cons MINUTES PROVIDING FOR PASSAGE OF AN ORDINANCE ESTABLISHING A TAX INCREMENT FINANCING DISTRICT FOR THE DECEMBER, 2021 ADDITION TO THE 2017 PARK PLACE COMMERCIAL URBAN RENEWAL AREA 436989-35 Tiffin, Iowa December 21, 2021 The City Council of the City of Tiffin, Iowa, met on December 21, 2021, at 7:00 o'clock p.m., at the Council Chambers in the City. The Mayor presided and the roll was called showing members present and absent, as follows: Present: Bartels, Limkemann, Schnedler, Havens, Olney. Absent: None. Council Member Havens introduced an ordinance entitled "Ordinance No. 2021-489. An Ordinance Providing for the Division of Taxes Levied on Taxable Property in the December, 2021 Addition to the 2017 Park Place Commercial Urban Renewal Area, Pursuant to Section 403.19 of the Code of Iowa." It was moved by Council Member Havens and seconded by Council Member Bartels that the ordinance be adopted. The Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes: Bartels, Limkemann, Schnedler, Havens, Olney. Nays: None. Whereupon, the Mayor declared the motion duly carried and declared that the ordinance had been given its initial consideration. -1- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Tiffin/ 436989-35/ UR Hrg Add to Area & Ord -1 cons It was moved by Council Member Schnedler and seconded by Council Member Olney that the statutory rule requiring an ordinance to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. The Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes: Limkemann, Schnedler, Havens, Olney, Bartels. Nays: None. Whereupon, the Mayor declared the motion duly carried. It was moved by Council Member Limkemann and seconded by Council Member Schnedlerthat the ordinance entitled "Ordinance No. 2021-489. An Ordinance Providing for the Division of Taxes Levied on Taxable Property in the December, 2021 Addition to the 2017 Park Place Commercial Urban Renewal Area, Pursuant to Section 403.19 of the Code of Iowa," now be put upon its final consideration and adoption. The Mayor put the question on the final consideration and adoption of the ordinance and the roll being called, the following named Council Members voted: Ayes: Schnedler, Havens, Olney, Bartels, Limkemann. Nays: None Whereupon, the Mayor declared the motion duly carried and the ordinance duly adopted, as follows: -2- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Tiffin/ 436989-35/ UR Hrg Add to Area & Ord -1 cons ORDINANCE NO. 2021-489 An Ordinance Providing for the Division of Taxes Levied on Taxable Property in the December, 2021 Addition to the 2017 Park Place Commercial Urban Renewal Area, Pursuant to Section 403.19 of the Code of Iowa WHEREAS, the City Council of the City of Tiffin, Iowa (the "City") previously enacted an ordinance entitled "An Ordinance Providing for the Division of Taxes Levied on Taxable Property in the 2017 Park Place Commercial Urban Renewal Area, Pursuant to Section 403.19 of the Code of Iowa"; and WHEREAS, pursuant to that ordinance, certain taxable property within the 2017 Park Place Commercial Urban Renewal Area in the City was designated a "tax increment district"; and WHEREAS, the City Council now desires to increase the size of the "tax increment district" by adding additional property; BE IT ENACTED by the Council of the City of Tiffin, Iowa: Section 1. Purpose. The purpose of this ordinance is to provide for the division of taxes levied on the taxable property in the December, 2021 Addition to the 2017 Park Place Commercial Urban Renewal Area of the City of Tiffin, Iowa, 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 Tiffin 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 Tiffin, Iowa. "County" shall mean Johnson County, Iowa. "2021 Urban Renewal Area Addition" shall mean the December, 2021 Addition to the 2017 Park Place Commercial Urban Renewal Area of the City, the legal description of which is set out below, approved by the City Council by resolution adopted on December 21, 2021: BEGINNING AT THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, BOTH OF TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, TIFFIN, JOHNSON COUNTY, IOWA, AND AUDITOR'S PARCEL 2019058, TIFFIN, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 63, AT PAGE 59, IN THE -3- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Tiffin/ 436989-35/ UR Hrg Add to Area & Ord -1 cons RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, LYING IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, TIFFIN, JOHNSON COUNTY, IOWA. SAID TRACT OF LAND CONTAINS 8.15 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. "Urban Renewal Area" shall mean the entirety of the 2017 Park Place Commercial Urban Renewal Area as amended from time to time. Section 3. Provisions for Division of Taxes Levied on Taxable Property in the 2021 Urban Renewal Area Addition. After the effective date of this ordinance, the taxes levied on the taxable property in the 2021 Urban Renewal Area Addition 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 2021 Urban Renewal Area Addition 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 2021 Urban Renewal Area Addition, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City certifies to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the special fund referred to in paragraph (b) below, 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 2021 Urban Renewal Area Addition 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 applicable to property in the annexed territory as of January 1 of the calendar year preceding the effective date of the ordinance which amends the plan for the 2021 Urban Renewal Area Addition to include the annexed area, shall be used in determining the assessed valuation of the taxable property in the annexed area. (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, and to provide assistance for low and moderate -income family housing as provided in Section 403.22, except that taxes for the regular and voter -approved physical plant and equipment levy of a school district imposed pursuant to Section 298.2 of the Code of Iowa, taxes for the instructional support program levy of a school district imposed pursuant to Section 257.19 of the Code of Iowa and 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 2021 Urban Renewal Area Addition 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 2021 Urban Renewal Area Addition shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in 4 DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES; IOWA Tiffin; 436989-35/ UR Hrg Add to Area & Ord -1 cons 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 Addition 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. (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 by the Council of the City of Tiffin, Iowa, on December 21, 2021. Mayor -5- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Tiffin/ 436989-35/ UR Hrg Add to Area & Ord -'l cons There being no further business to come before the meeting, it was upon motion adjourned. Mayor -6- DORSEY & WHITNEY LIT, ATTORNEYS, DES MOINES, IOWA Tiffin/ 436989-35/ UR Hrg Add to Area & Ord -1 cons STATE OF IOWA SS: COUNTY OF JOHNSON I, the undersigned, County Auditor of Johnson County, in the State of Iowa, do hereby certify that on the day of , 20 , the City Clerk of the City of Tiffin, Iowa, filed in my office a copy of an ordinance of such City shown to have been adopted by the Council and approved by the Mayor thereof on December 21, 2021, entitled: "Ordinance No. . An Ordinance Providing for the Division of Taxes Levied on Taxable Property in the December, 2021 Addition to the 2017 Park Place Commercial Urban Renewal Area, Pursuant to Section 403.19 of the Code of Iowa," and that I have duly placed a copy of the ordinance on file in my records. WITNESS MY HAND this day of , 20 . County Auditor -7- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Tiffin/ 436989-35/ UR Hrg Add to Area & Ord -1 cons STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF TIFFIN I, the undersigned, City Clerk of the City of Tiffin, State of Iowa, do hereby certify that 1 caused to be published "Ordinance No.2021-489. An Ordinance Providing for the Division of Taxes Levied on Taxable Property in the December, 2021 Addition to the 2017 Park Place Commercial Urban Renewal Area, Pursuant to Section 403.19 of the Code of Iowa," of which the printed slip attached to the publisher's original affidavit hereto attached is a true and complete copy, on the date and in the newspaper specified in such affidavit, and that such newspaper has a general circulation in said City. WITNESS MY HAND this 22°d day of December, 2021. rt City Clerk (Attach hereto publisher's affidavit of publication with clipping of ordinance as published.) -8- DORSEY & WHITNEY LI_,P, ATTORNEYS, DES MOINES, IOWA Tiffin/ 436989-35/ UR Hrg Add to Area & Ord -I cons STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF TIFFIN I, the undersigned, City Clerk of the City of Tiffin, State of Iowa, do hereby certify that the attached is a true, correct and complete copy of all the records of the Council of such City relating to the adoption of an ordinance entitled "Ordinance No. 2021-489. An Ordinance Providing for the Division of Taxes Levied on Taxable Property in the December, 2021 Addition to the 2017 Park Place Commercial Urban Renewal Area, Pursuant to Section 403.19 of the Code of Iowa." WITNESS MY HAND this 22nd day of December; 2021. City Clerk -9- I)ORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA ORSEY'" a ways ahead December 15, 2021 VIA EMAIL Doug Boldt City Administrator/City Hall Tiffin, IA Re: 2017 Park Place Commercial Urban Renewal Area Our File No. 436989-35 Dear Doug: Attached please find two sets of proceedings for use by the City Council at the December 21, 2021 meeting. The first set of proceedings covers the City Council's action in holding a public hearing on the designation of the expanded urban renewal area and adopting a resolution to approve the amended urban renewal plan for that area. The resolution states that the Planning and Zoning Commission has approved the amended urban renewal plan and that the required consultation session has been held with Johnson County and the Clear Creek Amana Community School District. If either of these actions has not been taken, please call me immediately. The second set of proceedings covers the adoption of the tax increment ordinance for the expanded urban renewal area. We have prepared the proceedings on the presumption that the City Council will waive the statutory requirement that an ordinance be considered at two meetings prior to the meeting at which it is fmally adopted. This waiver requires the affirmative vote of not less than four of the five City Council members. This ordinance may be adopted immediately after the amended urban renewal plan has been approved by resolution. Once the ordinance has been finally adopted, it must be published and a copy must be filed with the County Auditor of Johnson County. Please print extra copies of the ordinance for publishing and filing. Certificates are included in the proceedings to attest to each of those acts. We will appreciate receiving executed copies of these proceedings as soon as they are available. Please contact John Danos, Severie Omgard, or me if you have any questions. Kind regards, Amy Bjork Attachments cc: Abigail Hora 8oi Grand Avenue I Suite 4100 I Des Moines, IA 150309-2790 1 T 515.283.1000 I F 515.283.1060 1 dorsey.com