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Home My Public Portal AboutResolutions-2016-070 DocuSign Envelope ID: 3C96B5DB-3665-4418-ADBA-CO2D7A4C3898 Tiffin/436989-16/Set Date Dev Agmt AA SET DATE FOR HEARING ON DEVELOPMENT AGREEMENT AND TAX INCREMENT PAYMENTS (Scott Andersen) 436989-16 Tiffin, Iowa November 16, 2016 A meeting of the City Council of the City of Tiffin, Iowa, was held at seven o'clock p.m., on November 16, 2016, at the Tiffin City Hall Council Chambers, Tiffin, Iowa, pursuant to the rules of the Council. The Mayor presided and the roll was called, showing members present and absent as follows: Present: Upton, Bartels, Havens, Kahler, Ryan. Absent: None. Council Member Upton introduced the resolution next hereinafter set out and moved its adoption, seconded by Council Member Havees; and after due consideration thereof by the City Council, the Mayor put the question upon the adoption of said resolution, and the roll being called, the following named Council Members voted: Ayes: Upton, Bartels, Havens, Kahler, Ryan. Nays: None. Whereupon, the Mayor declared said resolution duly adopted, as follows: -1- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID: 3C96B5DB-3665-4418-ADBA-CO2D7A4C3898 Tiffin/436989-16/Set Date Dev Agmt AA RESOLUTION NO. 2016-070 Resolution Setting a Date of Meeting at which it is Proposed to Approve a Development Agreement with Scott Andersen, Including Annual Appropriation Tax Increment Payments in an Amount not to Exceed $500,000 WHEREAS, the City of Tiffin, Iowa (the "City"), pursuant to and in strict compliance with all laws applicable to the City, and in particular the provisions of Chapter 403 of the Code of Iowa, has adopted an Urban Renewal Plan for the Tiffin Urban Renewal Area (the "Urban Renewal Area"); and WHEREAS, this City Council has adopted an ordinance providing for the division of taxes levied on taxable property in the Urban Renewal Area pursuant to Section 403.19 of the Code of Iowa and establishing the fund referred to in Subsection 2 of Section 403.19 of the Code of Iowa, which fund and the portion of taxes referred to in that subsection may be irrevocably pledged by the City for the payment of the principal and interest on indebtedness incurred under the authority of Section 403.9 of the Code of Iowa to finance or refinance in whole or in part projects in the Urban Renewal Area; and WHEREAS, the City proposes to enter into a certain development agreement (the "Development Agreement") with Scott Andersen (the "Developer") in connection with (i) the preliminary infrastructure engineering and land use planning associated with the Park Place development project, which is anticipated to include the extension of Forevergreen Road and Oakdale Boulevard and the realignment of Park Road; and (ii) site preparation for the realignment of Park Road; and WHEREAS, the Development Agreement would provide financial incentives to the Developer in the form of annual appropriation incremental property tax payments in an amount not to exceed $500,000 under the authority of Section 403.9(l) of the Code of Iowa; and WHEREAS, it is necessary to set a date for a public hearing on the Development Agreement,pursuant to Section 403.9 of the Code of Iowa; NOW THEREFORE, IT IS RESOLVED by the City Council of the City of Tiffin, Iowa, as follows: Section 1. This City Council shall meet on November 29, 2016, at six o'clock p.m., at the Tiffin City Hall Council Chambers, in the City, at which time and place proceedings will be instituted and action taken to approve the Development Agreement and to authorize the annual appropriation incremental property tax payments. Section 2. The City Clerk is hereby directed to give notice of the proposed action, the time when and place where said meeting will be held, by publication at least once not less than four days and not more than twenty days before the date of said meeting in a legal newspaper of general circulation in the City. Said notice shall be in substantially the following form: -2- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID: 3C96B5DB-3665-4418-ADBA-CO2D7A4C3898 Tiffin/436989-16/Set Date Dev Agmt AA NOTICE OF MEETING FOR APPROVAL OF DEVELOPMENT AGREEMENT WITH SCOTT ANDERSEN AND AUTHORIZATION OF ANNUAL APPROPRIATION TAX INCREMENT PAYMENTS The City Council of the City of Tiffin, Iowa, will meet at the Tiffin City Hall Council Chambers, on November 29, 2016, at six o'clock p.m., at which time and place proceedings will be instituted and action taken to approve a Development Agreement between the City and Scott Andersen (the "Developer"), in connection with a project in the Tiffin Urban Renewal Area consisting of(i) the preliminary infrastructure engineering and land use planning associated with the Park Place development project, which is anticipated to include the extension of Forevergreen Road and Oakdale Boulevard and the realignment of Park Road; and (ii) site preparation for the realignment of Park Road, which Agreement provides for certain financial incentives in the form of incremental property tax payments to the Developer in a total amount not exceeding $500,000 as authorized by Section 403.9 of the Code of Iowa. The Agreement to make incremental property tax payments to the Developer will not be a general obligation of the City, but will be payable solely and only from incremental property tax revenues generated within the Tiffin Urban Renewal Area. Some or all of the payments under the Development Agreement may be made subject to annual appropriation by the City Council. At the meeting, the City Council will receive oral or written objections from any resident or property owner of the City. Thereafter, the Council may, at the meeting or at an adjournment thereof, take additional action to approve the Development Agreement or may abandon the proposal. This notice is given by order of the City Council of Tiffin, Iowa, in accordance with Section 403.9 of the Code of Iowa. Doug Boldt City Administrator -3- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID: 3C96B5DB-3665-4418-ADBA-CO2D7A4C3898 Tiffin/436989-16/Set Date Dev Agmt AA Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. Passed and approved November 16, 2016. Sfwl. Mayor Attest: City Clerk -4- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID: 3C96B5DB-3665-4418-ADBA-CO2D7A4C3898 Tiffin/436989-16/Set Date Dev Agmt AA On motion and vote the meeting adjourned. Sfwl. Mayor Attest: City Clerk -5- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID: 3C96B5DB-3665-4418-ADBA-CO2D7A4C3898 Tiffin/436989-16/Set Date Dev Agmt AA STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF TIFFIN I, the undersigned, City Clerk of the City of Tiffin, hereby certify that the foregoing is a true and correct copy of the minutes of the Council of the City relating to the adoption of a resolution to fix a date of meeting at which it is proposed to take action to approve a Development Agreement. I do further certify that the notice of hearing, to which the printed slip attached to the publisher's original affidavit hereto attached is a true and complete copy, was published on the date and in the newspaper specified in such affidavit, which newspaper has a general circulation in the City. WITNESS MY HAND this day of 2016. City Clerk (Attach here the publisher's original affidavit with clipping of the notice as published.) (PLEASE NOTE: Do not sign and date this certificate until you have checked a copy of the published notice and have verified that it was published on the date indicated in the publisher's affidavit.) -6- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID: 3C96B5DB-3665-4418-ADBA-CO2D7A4C3898 " Q O R .,.ate"" EY November 14, 2016 Via Email Doug Boldt City Administrator/City Hall Tiffin, IA Re: Development Agreement (Scott Andersen) Our File No. 436989-16 Dear Doug: Attached please find proceedings to enable the City Council to act on November 16, 2016 to set November 29, 2016 as the date for a public hearing on the proposed Development Agreement with Scott Andersen, including the proposal for tax increment payments. A draft of the Development Agreement will follow soon for review and comment. The notice of public hearing on the Agreement must be published once, not less than four(4) and not more than twenty (20) days prior to the City Council meeting at which the hearing will be held. Please print an extra copy of the notice for delivery to the newspaper. Please insert the time and place of the hearing in both the resolution and the notice and fax a copy of the published notice to us at (515) 283-1060. We will prepare and forward to you in time for the November 29, 2016 meeting the necessary proceedings to approve the Agreement. We would appreciate receiving one fully executed copy of these proceedings as soon as they are available. Please contact John Danos or me if you have questions. Kind regards, Amy Bjork Attachments cc: Ashley Jay-Platz DOIFSE'EY & W11-111-1 NEY LLP ' W"v"v" ,IC)0IfiSE`f,C0M , T b 1 5.283, 1 Q.b00 , E r:i'1 r'i' 283.'1060 801 GRAND SUITE 4 0() DES M()MII .1', I()WA 503()9-8002 USA CANAC�>A EUPZOF�E ASIA