Loading...
HomeMy Public PortalAboutResolutions-2017-024 DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons 2017 PARK PLACE COMMERCIAL URBAN RENEWAL AREA DESIGNATION AND PLAN HEARING 436989-16 Tiffin, Iowa May 2, 2017 The City Council of the City of Tiffin, Iowa, met on May 2, 2017, at seven o'clock, p.m., at the City Hall Council Chambers, Tiffin, Iowa, for the purpose of conducting a public hearing on the designation of an urban renewal area and on a proposed urban renewal plan and projects. The Mayor presided and the roll being called the following members of the Council were present and absent: Present: Peggy Upton, Jim Bartels, Al Havens, Mike Ryan, Jo Kahler. Absent: None. The City Council investigated and found that notice of the intention of the City Council to conduct a public hearing on the designation of the 2017 Park Place Commercial Urban Renewal Area and on an urban renewal plan and projects for the Area had been published according to law and as directed by the Council and that this is the time and place at which the Council shall receive oral or written objections from any resident or property owner of the City. All written objections, statements, and evidence heretofore filed were reported to the City Council, and all oral objections, statements, and all other exhibits presented were considered. The following named persons presented oral objections, statements, or evidence as summarized below; filed written objections or statements, copies of which are attached hereto; or presented other exhibits, copies of which are attached hereto: (Here list all persons presenting written or oral statements or evidence and summarize each presentation.) -1- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons There being no further objections, comments, or evidence offered, the Mayor announced the hearing closed. Council Member Havens moved the adoption of a resolution entitled "A Resolution to Declare Necessity and Establish an Urban Renewal Area, Pursuant to Section 403.4 of the Code of Iowa and Approve Urban Renewal Plan and Projects for the 2017 Park Place Commercial Urban Renewal Area," seconded by Council Member Bartels After due consideration, the Mayor put the question on the motion and the roll being called, the following named members of the Council voted: Ayes: Peggy Upton, Jim Bartels, Al Havens, Mike Ryan, Jo Kahler. Nays: None. Whereupon, the Mayor declared the resolution duly adopted and signed approval thereto. -2- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons RESOLUTION NO. 2017-024 A Resolution to Declare Necessity and Establish an Urban Renewal Area, Pursuant to Section 403.4 of the Code of Iowa and to Approve Urban Renewal Plan and Projects for the 2017 Park Place Commercial Urban Renewal Area WHEREAS, as a preliminary step to exercising the authority conferred upon Iowa cities by Chapter 403 of the Code of Iowa, the "Urban Renewal Law," a municipality must adopt a resolution finding that one or more slums, blighted or economic development areas exist in the municipality and that the development of such area or areas is necessary in the interest of the public health, safety or welfare of the residents of the municipality; and WHEREAS, it has been proposed by the City Council of the City of Tiffin, Iowa, (the "City") that the 2017 Park Place Commercial Urban Renewal Area (the "Urban Renewal Area") be established on the property (the "Property") described on Exhibit A to this Resolution; and WHEREAS, the proposal demonstrates that sufficient need exists to warrant finding the Urban Renewal Area to be an economic development area; and WHEREAS, a proposed urban renewal plan (the "Plan") has been prepared for the governance of projects and initiatives to be undertaken in the Urban Renewal Area and which authorizes certain initial urban renewal projects to be undertaken in the Urban Renewal Area consisting of providing tax increment financing support to a private developer in connection with the development of commercial real estate and the corresponding construction of improvements to Park Road, Oakdale Boulevard and Forevergreen Road necessary for such commercial development; and WHEREAS, notice of a public hearing by the City Council on the question of establishing the Property as an urban renewal area and on the Plan and project for the Urban Renewal Area was heretofore given in strict compliance with the provisions of Chapter 403 of the Code of Iowa, and the City Council has conducted said hearing on May 2, 2017; and WHEREAS, the Plan was submitted to and commented on by the Planning and Zoning Commission of the City; and WHEREAS, pursuant to Section 403.17 of the Code of Iowa, the City has received the executed consent agreement of the owner of "agricultural land" proposed for inclusion in the Urban Renewal Area; and WHEREAS, copies of the Plan, notice of public hearing and notice of a consultation meeting with respect to the urban renewal plan were mailed to Johnson County and the Clear Creek Amana Community School District; the consultation meeting was held on the 17th day of April, 2017; and responses to any comments or recommendations received following the consultation meeting were made as required by law; NOW, THEREFORE, It Is Resolved by the City Council of the City of Tiffin, Iowa, as follows: -3- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons Section 1. An economic development area as defined in Chapter 403 of the Code of Iowa is found to exist on the Property. Section 2. The Property is hereby declared to be an urban renewal area, in conformance with the requirements of Chapter 403 of the Code of Iowa, and is hereby designated the 2017 Park Place Commercial Urban Renewal Area. Section 3. The development of the Property is necessary in the interest of the public health, safety or welfare of the residents of the City. Section 4. It is hereby determined by this City Council as follows: A. The Plan conforms to the general plan of the municipality as a whole; B. Proposed development in the Urban Renewal Area is necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives; Section 5. The Plan for the Urban Renewal Area is made a part hereof and is hereby in all respects approved in the form presented to this City Council, and the proposed projects described in the Plan are hereby in all respects approved. Section 6. All resolutions or parts thereof in conflict herewith are hereby repealed, to the extent of such conflict. Passed and approved May 2, 2017. 5fUMbUUV Mayor Attest: City Clerk -4- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons EXHIBIT A LEGAL DESCRIPTION 2017 PARK PLACE COMMERCIAL URBAN RENEWAL AREA Certain real property situated in the City of Tiffin, Johnson County, State of Iowa, described as follows: A PORTION OF THE SOUTH ONE-HALF OF SECTION 22, AND A PORTION OF THE NORTH ONE-HALF OF SECTION 27, ALL OF TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, TIFFIN, JOHNSON COUNTY,IOWA,DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SECTION 22, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, TIFFIN, JOHNSON COUNTY, IOWA; THENCE S01021'28"E, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22,A DISTANCE OF 1326.34 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE N89038'45"E, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 22, A DISTANCE OF 1181.03 FEET, TO ITS INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF INTERSTATE NO. 380; THENCE S10025'53"W, ALONG SAID WEST RIGHT-OF- WAY LINE, 397.76 FEET; THENCE S01007'24"E, ALONG SAID WEST RIGHT-OF- WAY LINE 700.00 FEET; THENCE S03059'09"E, ALONG SAID WEST RIGHT-OF- WAY LINE, 200.25 FEET; THENCE S05024'45"E, ALONG SAID WEST RIGHT-OF- WAY LINE, 401.12 FEET; THENCE S12026'00"E, ALONG SAID WEST RIGHT-OF- WAY LINE, 203.96 FEET; THENCE S0100724"E, ALONG SAID WEST RIGHT-OF- WAY LINE, 300.00 FEET; THENCE S13°48'29"W,ALONG SAID WEST RIGHT-OF- WAY LINE, 310.48 FEET; THENCE S16003'17"E, ALONG SAID WEST RIGHT-OF- WAY LINE, 158.10 FEET, TO ITS INTERSECTION WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE S89020'11"W, ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, 1148.78 FEET, TO THE SOUTHWEST CORNER THEREOF; THENCE S89040'17"W, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 27, A DISTANCE OF 369.54 FEET; THENCE N00°04'34"W, 275.95 FEET, TO THE SOUTHWEST CORNER OF SIMPSON'S FIRST ADDITION, IN ACCORDANCE WITH THE RECORDED PLAT THEREOF; THENCE N89022'03"E, ALONG THE SOUTH LINE OF SAID SIMPSON'S FIRST ADDITION, 228.06 FEET; THENCE N0000434"W, ALONG SAID SOUTH LINE, 114.00 FEET; THENCE N89024'56"E, ALONG SAID SOUTH LINE, 77.63 FEET; THENCE N00035'56"W, 355.94 FEET, TO A POINT ON THE NORTH LINE OF SAID SIMPSON'S FIRST ADDITION; THENCE S88047'21"W, ALONG SAID NORTH LINE, 302.49 FEET, TO THE NORTHWEST CORNER THEREOF; THENCE N09°27'19"W, 290.15 FEET; THENCE N22047'26"W, 249.51 FEET; THENCE N28034'15"W, 303.20 FEET; -5- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons THENCE N19014'26"W, 50.00 FEET; THENCE S70045'54"W, 181.75 FEET; THENCE S73003'00"W, 167.46 FEET; THENCE N16057'00"W, 103.39 FEET; THENCE S70045'34"W, 150.74 FEET; THENCE SOUTHWESTERLY, 354.64 FEET, ALONG A 1750.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 354.04 FOOT CHORD BEARS S76033'54"W; THENCE N07037'46"W, 468.90 FEET; THENCE N06043'24"W, 216.96 FEET; THENCE N19005'47"E, 163.29 FEET; THENCE N00°17'48"W, 209.08 FEET; THENCE N34027'42"W, 154.31 FEET; THENCE N27021'08"W, 182.12 FEET;THENCE NI 1027'19"W,29.36 FEET; THENCE N89029'44"E, 557.97 FEET; THENCE N00030'16"W, 730.00 FEET; THENCE N89029'44"E, 16.32 FEET; THENCE N88012'50"W, 250.20 FEET; THENCE S89029'44"W, 176.39 FEET; THENCE N00030'16"W, 100.00 FEET; THENCE N89029'44"E, 12.50 FEET; THENCE N0030'16"W, 330.14 FEET, TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE N89030'03"E,ALONG SAID NORTH LINE, 1543.05 FEET,TO THE POINT OF BEGINNING. SAID URBAN RENEWAL AREA CONTAINS 160.87 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; and A PORTION OF THE SOUTH ONE-HALF OF SECTION 22, AND A PORTION OF THE NORTH ONE-HALF OF SECTION 27, ALL OF TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, TIFFIN, JOHNSON COUNTY,IOWA,DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SECTION 22, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, TIFFIN, JOHNSON COUNTY, IOWA; THENCE S01021'28"E, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22,A DISTANCE OF 65.80 FEET;THENCE S64001'08"W,280.70 FEET; THENCE S60012'17"W, 118.40 FEET; THENCE S 17°32'21"W, 32.22 FEET; THENCE SOUTHEASTERLY 322.07 FEET, ALONG AN 870.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 320.24 FOOT CHORD BEARS S13047'58"E; THENCE SOUTHWESTERLY 29.37 FEET, ALONG AN 875.29 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 29.37 FOOT CHORD BEARS S01017'48"W; THENCE S02027'24"W, 123.20 FEET; THENCE S01021'24"E, 1112.18 FEET; THENCE SOUTHEASTERLY 270.74 FEET, ALONG AN 1140.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 270.10 FOOT CHORD BEARS S08009'36"E; THENCE S62016'48"E, 34.45 FEET; THENCE NORTHEASTERLY 413.91 FEET, ALONG AN 860.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 409.93 FOOT CHORD BEARS N85039'33"E; THENCE S09026'50"W, 120.00 FEET; THENCE SOUTHWESTERLY 342.36 FEET, ALONG A 740.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY,WHOSE 339.32 FOOT CHORD BEARS S8601 1'36"W; THENCE S24028'36"W, 35.93 FEET; THENCE SOUTHEASTERLY 136.21 FEET, ALONG AN 1130.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 136.13 FOOT CHORD BEARS S27005'03"E; THENCE S27026'58"E, 136.24 FEET; THENCE SOUTHEASTERLY 425.47 FEET, ALONG A 1260.00 FOOT RADIUS CURVE, -6- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons CONCAVE SOUTHWESTERLY, WHOSE 423.45 FOOT CHORD BEARS S19°57'48"E; THENCE S79042'37"W, 120.00 FEET; THENCE NORTHWESTERLY 458.10 FEET, ALONG AN 1140.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 455.02 CHORD BEARS N21048'06"W; THENCE NORTHWESTERLY 226.99 FEET, ALONG A 1260.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 226.69 FOOT CHORD BEARS N28009'09"W; THENCE N65051'39"W, 32.66 FEET; THENCE S70045'34"W, 481.71 FEET; THENCE S73003'00"W, 167.46 FEET; THENCE N16057'00"W, 103.39 FEET; THENCE N68028'08"E, 250.20 FEET; THENCE 70045'34"E, 381.18 FEET; THENCE N27022'09"E, 32.98 FEET; THENCE NORTHWESTERLY 166.93 FEET, ALONG A 1270.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 166.81 FOOT CHORD BEARS N11044'37"W; THENCE NORTHWESTERLY 146.52 FEET, ALONG A 1343.95 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 146.45 FOOT CHORD BEARS N00045'31"W; THENCE N01021'24"W, 1236.55 FEET; THENCE NORTHWESTERLY 289.82 FEET,ALONG A 740.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 287.97 FOOT CHORD BEARS N12034'35"W; THENCE N70022'58"W, 35.73 FEET; THENCE S64001'08"W, 99.31 FEET; THENCE SOUTHWESTERLY 55.13 FEET, ALONG AN 870.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 55.12 FOOT CHORD BEARS S65050'03"W; THENCE SOUTHWESTERLY146.48 FEET, ALONG AN 863.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 146.31 FOOT CHORD BEARS S76°23'41"W; THENCE SOUTHWESTERLY 182.61 FEET, ALONG AN 860.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 182.26 FOOT CHORD BEARS S83024'45"W; THENCE S8902944"W, 150.36 FEET; THENCE N88012'50"W, 250.20 FEET; THENCE S89029'44"W, 176.39 FEET; THENCE N00030'16"W, 100.00 FEET; THENCE N89029'44"E, 266.69 FEET; THENCE N87012'17"E, 250.20 FEET; THENCE N89029'44"E, 60.06 FEET; THENCE NORTHEASTERLY 329.04 FEET, ALONG A 740.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 326.34 FOOT CHORD BEARS N76045'26"E; THENCE N64001'08"E, 101.00 FEET; THENCE N19012'35"E, 33.83 FEET; THENCE NORTHWESTERLY 182.35 FEET, ALONG AN 860.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 182.01 FOOT CHORD BEARS N18048'19"W; THENCE N89030'03"E, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22, A DISTANCE OF 123.26 FEET; THENCE SOUTHEASTERLY 128.13 FEET,ALONG A 740.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 127.97 FOOT CHORD BEARS S 19°42'48"E; THENCE S70045'11"E, 34.08 FEET; THENCE N64001'08"E, 307.64 FEET; THENCE N89030'03"E, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22, A DISTANCE OF 139.89 FEET TO SAID POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 15.55 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; and -7- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons A PORTION OF SECTION 27, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, TIFFIN, JOHNSON COUNTY, IOWA,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 27, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, TIFFIN, JOHNSON COUNTY, IOWA; THENCE S00035'44"E, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 27, A DISTANCE OF 275.33 FEET, TO THE POINT OF BEGINNING; THENCE N79042'37"E, 42.28 FEET; THENCE SOUTHEASTERLY, 213.11 FEET ALONG A 1260.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 212.86 FOOT CHORD BEARS S05026'40"E; THENCE S00°35'56"E, 590.27 FEET; THENCE SOUTHWESTERLY, 136.12 FEET ALONG AN 860.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 135.98 FOOT CHORD BEARS S03056'07"W; THENCE SOUTHWESTERLY, 117.13 FEET ALONG A 740.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 117.00 FOOT CORD BEARS S03056'07"W; THENCE S00035'56"E, 2278.50 FEET; THENCE N84021'38"W, 120.71 FEET; THENCE N00035'56"W, 2265.39 FEET; THENCE NORTHEASTERLY, 136.12 FEET ALONG AN 860.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 135.98 FOOT CHORD BEARS NO3056'07"E; THENCE NORTHEASTERLY, 117.13 FEET ALONG A 740.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 117.00 FOOT CHORD BEARS NO3056'07"E; THENCE N00035'56"W, 590.27 FEET; THENCE NORTHWESTERLY, 192.81 FEET, ALONG A 1140.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 192.58 FOOT CHORD BEARS N05026'40"W; THENCE N79042'37"E, 77.72 FEET,TO THE POINT OF BEGINNING. SAID PHASE THREE RIGHT-OF-WAY CONTAINS 9.14 ACRES,AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. -8- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/1-lold Flrg&App UR Area New/TIF Ord 1 Cons Upon motion and vote, the meeting adjourned. stwi, be vrn r Mayor Attest: 4- City Clerk -9- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF TIFFIN I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the City of Tiffin, Iowa, and that as such I have in my possession or have access to the complete corporate records of the City and of its officers; and that I have carefully compared the transcript hereto attached with the aforesaid records and that the attached is a true, correct and complete copy of the corporate records relating to the action taken by the City Council preliminary to and in connection with designating an urban renewal area and approving the urban renewal plan and projects for the 2017 Park Place Commercial Urban Renewal Area in the City. WITNESS MY HAND this day of ) 2017. City Clerk (Please attach to this certificate a copy of the minutes or a resolution of the Planning and Zoning Commission showing the action taken by that Commission with respect to the urban renewal plan.) -10- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons MINUTES PROVIDING FOR PASSAGE OF AN ORDINANCE ESTABLISHING AN URBAN RENEWAL TAX INCREMENT FINANCING DISTRICT FOR THE 2017 PARK PLACE COMMERCIAL URBAN RENEWAL AREA 2017 Park Place Commercial Urban Renewal Area 436989-16 Tiffin, Iowa May 2, 2017 The City Council of Tiffin, Iowa, met on May 2, 2017 at seven o'clock pm., at the City Hall Council Chambers, in the City. The Mayor presided and the roll was called showing the members present and absent, as follows: Present: Peggy Upton, Jim Bartels, Al Havens, Mike Ryan, Jo Kahler. Absent: None. Council Member Ryan introduced an ordinance entitled "Ordinance No. 2017-400 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." It was moved by Council Member Ryan 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: Peggy Upton, Jim Bartels, Al Havens, Mike Ryan, Jo Kahler. Nays: None. Whereupon, the Mayor declared the motion duly carried and declared that said ordinance had been given its initial consideration. -1- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons It was moved by Council Member and seconded by Council Member that the statutory rule requiring an ordinance to be considered and voted on for passage at two City 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: Nays: Whereupon, the Mayor declared the motion duly carried. It was moved by Council Member and seconded by Council Member that the ordinance entitled "Ordinance No. . 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," now be put upon its final consideration and adoption. The Mayor put the question on the motion, and the roll being called, the following named Council Members voted: Ayes: Nays: Whereupon, the Mayor declared the motion duly carried and the ordinance duly adopted, as follows: -2- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons ORDINANCE NO. 2017-400 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 BE IT ENACTED by the members of the City 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 2017 Park Place Commercial Urban Renewal Area, 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 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. "Urban Renewal Area" shall mean the taxable real property situated in 2017 Park Place Commercial Urban Renewal Area, the boundaries of which are set out below, such property having been identified in the Urban Renewal Plan approved by the City Council by resolution adopted on May 2, 2017: Certain real property situated in the City of Tiffin, Johnson County, State of Iowa, described as follows: A PORTION OF THE SOUTH ONE-HALF OF SECTION 22, AND A PORTION OF THE NORTH ONE-HALF OF SECTION 27, ALL OF TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, TIFFIN, JOHNSON COUNTY,IOWA,DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SECTION 22, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, TIFFIN, JOHNSON COUNTY, IOWA; THENCE S01021'28"E, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22,A DISTANCE OF 1326.34 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE N89038'45"E, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 22, A DISTANCE OF 1181.03 FEET, TO ITS INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF INTERSTATE NO. 380; THENCE S10025'53"W, ALONG SAID WEST RIGHT-OF- WAY LINE, 397.76 FEET; THENCE S01007'24"E, ALONG SAID WEST RIGHT-OF- WAY LINE 700.00 FEET; THENCE S03059'09"E, ALONG SAID WEST RIGHT-OF- WAY LINE, 200.25 FEET; THENCE S05°24'45"E, ALONG SAID WEST RIGHT-OF- -3- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons WAY LINE, 401.12 FEET; THENCE S12026'00"E, ALONG SAID WEST RIGHT-OF- WAY LINE, 203.96 FEET; THENCE S0100724"E, ALONG SAID WEST RIGHT-OF- WAY LINE, 300.00 FEET; THENCE S13048'29"W,ALONG SAID WEST RIGHT-OF- WAY LINE, 310.48 FEET; THENCE S16003'17"E, ALONG SAID WEST RIGHT-OF- WAY LINE, 158.10 FEET, TO ITS INTERSECTION WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE S89020'11"W, ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, 1148.78 FEET, TO THE SOUTHWEST CORNER THEREOF; THENCE S89040'17"W, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 27, A DISTANCE OF 369.54 FEET; THENCE N00004'34"W, 275.95 FEET, TO THE SOUTHWEST CORNER OF SIMPSON'S FIRST ADDITION, IN ACCORDANCE WITH THE RECORDED PLAT THEREOF; THENCE N89022'03"E, ALONG THE SOUTH LINE OF SAID SIMPSON'S FIRST ADDITION, 228.06 FEET; THENCE N00004'34"W, ALONG SAID SOUTH LINE, 114.00 FEET; THENCE N89024'56"E, ALONG SAID SOUTH LINE, 77.63 FEET; THENCE N00035'56"W, 355.94 FEET, TO A POINT ON THE NORTH LINE OF SAID SIMPSON'S FIRST ADDITION; THENCE S88047'21"W, ALONG SAID NORTH LINE, 302.49 FEET, TO THE NORTHWEST CORNER THEREOF; THENCE N09°27'19"W, 290.15 FEET; THENCE N22047'26"W, 249.51 FEET; THENCE N28034'15"W, 303.20 FEET; THENCE N19014'26"W, 50.00 FEET; THENCE S70045'54"W, 181.75 FEET; THENCE S73003'00"W, 167.46 FEET; THENCE N16057'00"W, 103.39 FEET; THENCE S70°45'34"W, 150.74 FEET; THENCE SOUTHWESTERLY, 354.64 FEET, ALONG A 1750.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 354.04 FOOT CHORD BEARS S76033'54"W; THENCE N07037'46"W, 468.90 FEET; THENCE N06043'24"W, 216.96 FEET; THENCE N19005'47"E, 163.29 FEET; THENCE N00°17'48"W, 209.08 FEET; THENCE N34027'42"W, 154.31 FEET; THENCE N27021'08"W, 182.12 FEET;THENCE NI 1027'19"W,29.36 FEET; THENCE N89029'44"E, 557.97 FEET; THENCE N00030'16"W, 730.00 FEET; THENCE N89029'44"E, 16.32 FEET; THENCE N88012'50"W, 250.20 FEET; THENCE S89029'44"W, 176.39 FEET; THENCE N00030'16"W, 100.00 FEET; THENCE N89029'44"E, 12.50 FEET; THENCE N0030'16"W, 330.14 FEET, TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE N89030'03"E,ALONG SAID NORTH LINE, 1543.05 FEET,TO THE POINT OF BEGINNING. SAID URBAN RENEWAL AREA CONTAINS 160.87 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Section 3. Provisions for Division of Taxes Levied on Taxable Property in the Urban Renewal Area. After the effective date of this ordinance, the taxes levied on the taxable property in the Urban Renewal Area 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 Urban Renewal Area is located, shall be divided as follows: -4- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons (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 Urban Renewal Area, 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 Urban Renewal Area 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 Urban Renewal Area 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 levy program 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 Urban Renewal Area 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 Urban Renewal 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. 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 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. -5- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons 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 and approved by the City Council of the City of Tiffin, Iowa, on May 2, 2017. Mayor Attest: City Clerk There being no further business to come before the meeting, it was upon motion adjourned. Mayor Attest: City Clerk -6- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF TIFFIN I, the undersigned, City Clerk of the City of Tiffin, Iowa, do hereby certify that the attached is a true, correct and complete copy of all the records of the City Council of the City relating to the adoption of an ordinance entitled "Ordinance No. . 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." WITNESS MY HAND this day of , 2017. City Clerk -7- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF 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 , 2017, a copy of an ordinance of the City was filed in my office, shown to have been adopted by the City Council and approved by the Mayor thereof on May 2, 2017, entitled: "Ordinance No. 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 that I have duly placed a copy of the ordinance on file in my records. WITNESS MY HAND this day of ) 2017. County Auditor -8- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF TIFFIN I, the undersigned, City Clerk of the City of Tiffin, Iowa, do hereby certify that I caused to be published "Ordinance No. . 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," 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 the City. WITNESS MY HAND this day of ) 2017. City Clerk (Attach hereto publisher's affidavit of publication with clipping of ordinance as published.) (PLEASE NOTE: Do not sign and date this certificate until you have checked a copy of the published ordinance and have verified that it was published on the date indicated in the publisher's affidavit.) -9- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A )]► © QRSEY DORSEY & WHITNEY LLP April 28, 2017 VIA EMAIL Doug Boldt City Administrator/City Hall Tiffin,IA Re: 2017 Park Place Commercial Urban Renewal Area Our File No. 436989-16 Dear Doug: Attached please find two sets of proceedings for use by the City Council on May 2,2017. The first set of proceedings covers the City Council's action in holding a public hearing on the designation of the urban renewal area and adopting a resolution to approve the urban renewal plan for that Area. The resolution states that the consultation has been held and that the Planning and Zoning Commission has considered the urban renewal plan. If either of these actions have not been taken,please notify me immediately. The second set of proceedings covers the adoption of the tax increment ordinance for the 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 finally adopted. If the Council does not choose to follow this procedure, we will provide substitute proceedings covering the separate considerations of the ordinance. 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 Amy Bjork or me if you have any questions. Best regards, John P. Danos Attachments cc: Ashley Jay-Platz DORSEY & WHITNEY LLP • WWW.DORSEY.COM , T 515.283.1000 , F 515.283.1060 801 GRAND • SUITE 4100 • DES MOINES, IOWA 50309-8002 USA CANAC)A EUROPE ASIA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Set Date Dev Agmt AA SET DATE FOR HEARING ON DEVELOPMENT AGREEMENT AND TAX INCREMENT PAYMENTS (DERS Development, LLC) 436989-16 Tiffin, Iowa May 2, 2017 A meeting of the City Council of the City of Tiffin, Iowa, was held at seven o'clock p.m., on May 2, 2017, at the 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: Peggy Upton, Jim Bartels, Al Havens, Mike Ryan, Jo Kahler. Absent: None. Council Member Ryan introduced the resolution next hereinafter set out and moved its adoption, seconded by Council Member Havens; 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: Peggy Upton, Jim Bartels, Al Havens,Mike Ryan, Jo Kahler. Nays: None. Whereupon, the Mayor declared said resolution duly adopted, as follows: -1- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Set Date Dev Agmt AA RESOLUTION NO. 2017-025 Resolution Setting a Date of Meeting at which it is Proposed to Approve a Development Agreement with DERS Development, LLC, Including Annual Appropriation Tax Increment Payments in an Amount not to Exceed $10,000,000 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 2017 Park Place Commercial 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 DERS Development, LLC (the "Developer") in connection with the development of commercial real estate and the corresponding construction of improvements to Park Road, Oakdale Road and Forevergreen Road necessary for such commercial development; 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$10,000,000 under the authority of Section 403.9(1) 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 May 16, 2017, at seven 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:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Set Date Dev Agmt AA NOTICE OF MEETING FOR APPROVAL OF DEVELOPMENT AGREEMENT WITH DERS DEVELOPMENT, LLC AND AUTHORIZATION OF ANNUAL APPROPRIATION TAX INCREMENT PAYMENTS The City Council of the City of Tiffin, Iowa,will meet at the City Hall Council Chambers on May 16, 2017, at seven o'clock p.m., at which time and place proceedings will be instituted and action taken to approve a Development Agreement (the "Agreement") between the City and DERS Development, LLC (the "Developer"), in connection with the development of commercial real estate in the 2017 Park Place Commercial Urban Renewal Area and the corresponding construction of improvements to Park Road, Oakdale Road and Forevergreen Road necessary for such commercial development therein, which Agreement provides for certain financial incentives in the form of incremental property tax payments to the Developer in a total amount not exceeding $10,000,000 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 2017 Park Place Commercial 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:2AEC96E5-F2B6-419F-A26B-58E09720989A 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 May 2, 2017. Mayor Attest: City Clerk -4- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Set Date Dev Agmt AA On motion and vote the meeting adjourned. Sfwl- be vr&V Mayor Attest: 444 City Clerk -5- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A 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 5/3/2017 1 11:15:Af PDT 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:2AEC96E5-F2B6-419F-A26B-58E09720989A a0RSEY DORSEY & WHITNEY LLP April 28, 2017 Via Email Doug Boldt City Administrator/City Hall Tiffin, lA Re: Development Agreement (DERS Development, LLC) Our File No. 436989-16 Dear Doug: Attached please find proceedings to enable the City Council to act on May 2, 2017 to set May 16, 2017 as the date for a public hearing on the proposed Development Agreement with DERS Development, LLC, 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 May 16, 2017 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 Amy Bjork or me if you have questions. Best regards, John P. Danos Attachments cc: Ashley Jay-Platz DORSEY & WHITNEY LLP - WWW.DORSEY.COM • T 515.283.1000 • F 515.283.1060 801 GRAND • SUITE 4100 • DES MOINES, IOWA 50309-8002 USA CANADA EURaPE ASIA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A RESOLUTION NO. 2017-026 A RESOLUTION SETTING THE DATE FOR THE PUBLIC HEARING AND LETTING OF THE CLEAR CREEK COMMERCE PARK IMPROVEMENTS - VILLAGE DRIVE EXTENSION PROJECT Wheras, the City of Tiffin, Iowa will set the date for the Public Hearing and Letting of the Clear Creek Commerce Park Improvements — Village Drive Extension Project. Now, therefore be it resolved by the City Council of the City of Tiffin, Iowa, set the date for the Public Hearing of the aforementioned project for June 6, 2017, at 7:00 P.M. The date for the Letting of the aforementioned project is set for June 1 , 2017, at 10:00 A.M. Sealed proposals for the construction of said improvements will be received by the City Clerk at the City of Tiffin, 300 Railroad, Tiffin, Iowa, until 10:00 A.M. on June 1 , 2017. On the 2nd day of May, 2017, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Ryan introduced RESOLUTION NO. 2017-026, A RESOLUTION SETTING THE DATE FOR THE PUBLIC HEARING AND LETTING OF THE CLEAR CREEK COMMERCE PARK IMPROVEMENTS — VILLAGE DRIVE EXTENSION PROJECT and made a motion for approval. Motion seconded by Councilperson Kahler. Ayes: Peggy Upton, Jim Bartels, Al Havens, Mike Ryan, Jo Kahler. Nays: None. Absent: None. Whereupon five Council members were present and voted approval and Mayor Berner declared that RESOLUTION NO. 2017-026, A RESOLUTION SETTING THE DATE FOR THE PUBLIC HEARING AND LETTING OF THE CLEAR CREEK COMMERCE PARK IMPROVEMENTS — VILLAGE DRIVE EXTENSION PROJECT to be adopted and signified his approval of the same by affixing his signature thereto. Passed by the City Council on the 2nd day of May, 2017. City of Tiffin Steven L. Berner, Mayor ATTEST: ' _ Doug Boldt, City Administrator/Clerk DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A RESOLUTION NO. 2017-027 A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING FOR THE FY 2016- 2017 BUDGET AMENDMENT Whereas, The City recognizes that there should be a budget amendment to update the necessary revenues and expenses that have transpired in FY 2016-2017 that were not originally planned; Now, therefore be it resolved by the City Council of the City of Tiffin, Iowa to approve setting a public hearing date for June 6, 2017, for the Budget Amendment. On the 2nd day of May, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Bartels introduced RESOLUTION NO. 2017-027, A RESOLUTION SETTING A PUBLIC HEARING DATE FOR THE FY 2016-2017 BUDGET AMENDMENT and made a motion for approval. Motion seconded by Councilperson Ryan. Ayes: Peggy Upton, Jim Bartels, Al Havens, Mike Ryan, Jo Kahler. Nays: None. Absent: None. Whereupon five Council members were present and voted approval and Mayor Berner declared that the RESOLUTION NO. 2017-027, A RESOLUTION SETTING A PUBLIC HEARING DATE FOR THE FY 2016-2017 BUDGET AMENDMENT to be adopted and signified his approval of the same by affixing his signature thereto. Passed by the City Council on the 2nd day of May, 2017. City of Tiffin sfwa, bulvtv Steven L. Berner, Mayor ATTEST: Doug Boldt, City Administrator/Clerk DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A CITY OF TIFFIN ORDINANCE NO. 2017-399 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF TIFFIN, IOWA, SECTION 99.10(1) OF CHAPTER 99, PAYMENT OF BILLS — SEWER ADJUSTMENT BE IT ENACTED by the City Council of the City of Tiffin, Iowa: Section I. Purpose: The purpose of this ordinance is to amend Section 99.10(1) of Chapter 99 of the Municipal Code of Tiffin, Iowa, to amend payment of bills exception section and change it to a sewer adjustment section. Section II. Amendment. Section 99.10(1) of Chapter 99 is hereby amended as follows: CHAPTER 99 SEWER USER CHARGE SYSTEM 99.10(1) SEWER ADJUSTMENT. Upon application to and at the discretion of the Tiffin City Council, each customer or address within the Corporate Limits of the City of Tiffin may be allowed a one-time adjustment on the sewer bill at that address or meter with an adjustment cap of$250.00. A twelve-month average billing amount will be established from the twelve immediate previous billing cycles. The customer will pay no less than the average of those previous twelve months. Tax will be paid on the original full billing amount, regardless of the amount of adjustment. If an adjustment is made to the customer's sewer bill under this ordinance then the one- time water adjustment must also be used at the same time. Section III. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section N. Severability 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 V. When Effective. This ordinance shall be in effect after its final passage, approval, and posting as provided by law. DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A On the 4th day of April 2017, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Havens introduced Ordinance No. 2017-399, and moved that it be given its first reading. The motion was seconded by Councilperson Kahler. Ayes: Ryan, Bartels, Havens, Kahler, Upton. Nays: None Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2017-399,was read the first time, discussed, and placed on record. On the 18th day of April 2017, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Kahler introduced Ordinance No. 2017-399, and moved that it be given its second reading. The motion was seconded by Councilperson Upton. Ayes: Upton, Bartels, Havens, Ryan, Kahler. Nays: None. Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2017-399,was read the second time and discussed and placed on record. On the 2nd day of May 2017, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Ryan introduced Ordinance No. 2017-399, and moved that it be given its third and last reading. The motion was seconded by Councilperson Kahler. Ayes: Upton, Kahler, Bartels, Ryan, Havens. Nays: None. Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and the ordinance was passed and adopted. Whereupon the Mayor declared that Ordinance No. 2017-399 be adopted and signified his approval of same by fixing his signature thereto. Passed by the Council on the 2nd day of May 2017 and approved by the Mayor on the 2nd day of May 2017. CITY OF TIFFIN, IOWA: DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A By: Sfw) buu v' STEVE BERNER, Mayor ATTEST: DOUG BOLDT, City Administrator/Clerk I, Doug Boldt, City Administrator/Clerk of the City of Tiffin, Iowa, state that an ordinance entitled AN ORDINANCE AMENDING THE MUNICIPAL CODE OF TIFFIN, IOWA, SECTION 99.10(1) OF CHAPTER 99, PAYMENT OF BILLS — SEWER ADJUSTMENT and known as No. 2017-399 was duly passed by the Council on the 2nd day of May 2017, and signed by the Mayor on the 3rd day of May 2017, and published on the 3 day of May 2017, by posting copies thereof in three public places within the limits of the City of Tiffin, Iowa. That I posted copies of Ordinance No. 2017-399 in the following places: The Depot, Tiffin, Iowa Casey's, Tiffin, Iowa Solon State Bank, Tiffin, Iowa Doug Boldt, City Administrator/Clerk DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A CITY OF TIFFIN ORDINANCE NO. 2017-398 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF TIFFIN, IOWA, CHAPTER 92, BY ADDING SECTION 92.10 — WATER ADJUSTMENT BE IT ENACTED by the City Council of the City of Tiffin, Iowa: Section I. Purpose: The purpose of this ordinance is to amend Chapter 92 of the Municipal Code of Tiffin, Iowa, to add a water adjustment section. Section II. Amendment. Section 92.10 of Chapter 92 is hereby added as follows: CHAPTER 92 WATER RATES 92.10 WATER ADJUSTMENT. Upon application to and at the discretion of the Tiffin City Council, each customer or address within the Corporate Limits of the City of Tiffin may be allowed a one-time adjustment on the water bill at that address or meter with an adjustment cap of$250.00. A twelve-month average billing amount will be established from the twelve immediate previous billing cycles. The customer will pay no less than the average of those previous twelve months. Tax will be paid on the original full billing amount, regardless of the amount of adjustment. If an adjustment is made to the customer's water bill under this ordinance then the one- time sewer adjustment must also be used at the same time. Section III. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section N. Severability 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 V. When Effective. This ordinance shall be in effect after its final passage, approval, and posting as provided by law. DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A On the 4th day of April 2017, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Havens introduced Ordinance No. 2017-398, and moved that it be given its first reading. The motion was seconded by Councilperson Ryan. Ayes: Havens, Bartels, Upton, Kahler, Ryan Nays: None. Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2017-398,was read the first time, discussed, and placed on record. On the 18th day of April 2017, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Ryan introduced Ordinance No. 2017-398, and moved that it be given its second reading. The motion was seconded by Councilperson Kahler. Ayes: Upton, Bartels, Kahler, Ryan, Havens Nays: None. Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2017-398,was read the second time and discussed and placed on record. On the 2nd day of May 2017, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Kahler introduced Ordinance No. 2017-398, and moved that it be given its third and last reading. The motion was seconded by Councilperson Ryan Ayes: Upton, Kahler, Ryan, Bartels, Havens Nays: None. Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and the ordinance was passed and adopted. Whereupon the Mayor declared that Ordinance No. 2017-398 be adopted and signified his approval of same by fixing his signature thereto. Passed by the Council on the 2nd day of May 2017 and approved by the Mayor on the 3zd day of May 2017. CITY OF TIFFIN, IOWA: DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Sft - bGvtAkr By: STEVE BERNER, Mayor ATTEST: DOUG BOLDT, City Administrator/Clerk I, Doug Boldt, City Administrator/Clerk of the City of Tiffin, Iowa, state that an ordinance entitled AN ORDINANCE AMENDING THE MUNICIPAL CODE OF TIFFIN, IOWA, CHAPTER 92, BY ADDING SECTION 92.10 —WATER ADJUSTMENT and known as No. 2017-398 was duly passed by the Council on the 2nd day of May 2017, and signed by the Mayor on the 3rd day of May 2017, and published on the 3rd day of May 2017, by posting copies thereof in three public places within the limits of the City of Tiffin, Iowa. That I posted copies of Ordinance No. 2017-398 in the following places: The Depot, Tiffin, Iowa Casey's, Tiffin, Iowa Solon State Bank, Tiffin, Iowa Doug Boldt, City Administrator/Clerk DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons 2017 PARK PLACE COMMERCIAL URBAN RENEWAL AREA DESIGNATION AND PLAN HEARING 436989-16 Tiffin, Iowa May 2, 2017 The City Council of the City of Tiffin, Iowa, met on May 2, 2017, at seven o'clock, p.m., at the City Hall Council Chambers, Tiffin, Iowa, for the purpose of conducting a public hearing on the designation of an urban renewal area and on a proposed urban renewal plan and projects. The Mayor presided and the roll being called the following members of the Council were present and absent: Present: Peggy Upton, Jim Bartels, Al Havens, Mike Ryan, Jo Kahler. Absent: None. The City Council investigated and found that notice of the intention of the City Council to conduct a public hearing on the designation of the 2017 Park Place Commercial Urban Renewal Area and on an urban renewal plan and projects for the Area had been published according to law and as directed by the Council and that this is the time and place at which the Council shall receive oral or written objections from any resident or property owner of the City. All written objections, statements, and evidence heretofore filed were reported to the City Council, and all oral objections, statements, and all other exhibits presented were considered. The following named persons presented oral objections, statements, or evidence as summarized below; filed written objections or statements, copies of which are attached hereto; or presented other exhibits, copies of which are attached hereto: (Here list all persons presenting written or oral statements or evidence and summarize each presentation.) -1- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons There being no further objections, comments, or evidence offered, the Mayor announced the hearing closed. Council Member Havens moved the adoption of a resolution entitled "A Resolution to Declare Necessity and Establish an Urban Renewal Area, Pursuant to Section 403.4 of the Code of Iowa and Approve Urban Renewal Plan and Projects for the 2017 Park Place Commercial Urban Renewal Area," seconded by Council Member Bartels After due consideration, the Mayor put the question on the motion and the roll being called, the following named members of the Council voted: Ayes: Peggy Upton, Jim Bartels, Al Havens, Mike Ryan, Jo Kahler. Nays: None. Whereupon, the Mayor declared the resolution duly adopted and signed approval thereto. -2- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons RESOLUTION NO. 2017-024 A Resolution to Declare Necessity and Establish an Urban Renewal Area, Pursuant to Section 403.4 of the Code of Iowa and to Approve Urban Renewal Plan and Projects for the 2017 Park Place Commercial Urban Renewal Area WHEREAS, as a preliminary step to exercising the authority conferred upon Iowa cities by Chapter 403 of the Code of Iowa, the "Urban Renewal Law," a municipality must adopt a resolution finding that one or more slums, blighted or economic development areas exist in the municipality and that the development of such area or areas is necessary in the interest of the public health, safety or welfare of the residents of the municipality; and WHEREAS, it has been proposed by the City Council of the City of Tiffin, Iowa, (the "City") that the 2017 Park Place Commercial Urban Renewal Area (the "Urban Renewal Area") be established on the property (the "Property") described on Exhibit A to this Resolution; and WHEREAS, the proposal demonstrates that sufficient need exists to warrant finding the Urban Renewal Area to be an economic development area; and WHEREAS, a proposed urban renewal plan (the "Plan") has been prepared for the governance of projects and initiatives to be undertaken in the Urban Renewal Area and which authorizes certain initial urban renewal projects to be undertaken in the Urban Renewal Area consisting of providing tax increment financing support to a private developer in connection with the development of commercial real estate and the corresponding construction of improvements to Park Road, Oakdale Boulevard and Forevergreen Road necessary for such commercial development; and WHEREAS, notice of a public hearing by the City Council on the question of establishing the Property as an urban renewal area and on the Plan and project for the Urban Renewal Area was heretofore given in strict compliance with the provisions of Chapter 403 of the Code of Iowa, and the City Council has conducted said hearing on May 2, 2017; and WHEREAS, the Plan was submitted to and commented on by the Planning and Zoning Commission of the City; and WHEREAS, pursuant to Section 403.17 of the Code of Iowa, the City has received the executed consent agreement of the owner of "agricultural land" proposed for inclusion in the Urban Renewal Area; and WHEREAS, copies of the Plan, notice of public hearing and notice of a consultation meeting with respect to the urban renewal plan were mailed to Johnson County and the Clear Creek Amana Community School District; the consultation meeting was held on the 17th day of April, 2017; and responses to any comments or recommendations received following the consultation meeting were made as required by law; NOW, THEREFORE, It Is Resolved by the City Council of the City of Tiffin, Iowa, as follows: -3- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons Section 1. An economic development area as defined in Chapter 403 of the Code of Iowa is found to exist on the Property. Section 2. The Property is hereby declared to be an urban renewal area, in conformance with the requirements of Chapter 403 of the Code of Iowa, and is hereby designated the 2017 Park Place Commercial Urban Renewal Area. Section 3. The development of the Property is necessary in the interest of the public health, safety or welfare of the residents of the City. Section 4. It is hereby determined by this City Council as follows: A. The Plan conforms to the general plan of the municipality as a whole; B. Proposed development in the Urban Renewal Area is necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives; Section 5. The Plan for the Urban Renewal Area is made a part hereof and is hereby in all respects approved in the form presented to this City Council, and the proposed projects described in the Plan are hereby in all respects approved. Section 6. All resolutions or parts thereof in conflict herewith are hereby repealed, to the extent of such conflict. Passed and approved May 2, 2017. 5fUMbUUV Mayor Attest: City Clerk -4- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons EXHIBIT A LEGAL DESCRIPTION 2017 PARK PLACE COMMERCIAL URBAN RENEWAL AREA Certain real property situated in the City of Tiffin, Johnson County, State of Iowa, described as follows: A PORTION OF THE SOUTH ONE-HALF OF SECTION 22, AND A PORTION OF THE NORTH ONE-HALF OF SECTION 27, ALL OF TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, TIFFIN, JOHNSON COUNTY,IOWA,DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SECTION 22, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, TIFFIN, JOHNSON COUNTY, IOWA; THENCE S01021'28"E, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22,A DISTANCE OF 1326.34 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE N89038'45"E, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 22, A DISTANCE OF 1181.03 FEET, TO ITS INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF INTERSTATE NO. 380; THENCE S10025'53"W, ALONG SAID WEST RIGHT-OF- WAY LINE, 397.76 FEET; THENCE S01007'24"E, ALONG SAID WEST RIGHT-OF- WAY LINE 700.00 FEET; THENCE S03059'09"E, ALONG SAID WEST RIGHT-OF- WAY LINE, 200.25 FEET; THENCE S05024'45"E, ALONG SAID WEST RIGHT-OF- WAY LINE, 401.12 FEET; THENCE S12026'00"E, ALONG SAID WEST RIGHT-OF- WAY LINE, 203.96 FEET; THENCE S0100724"E, ALONG SAID WEST RIGHT-OF- WAY LINE, 300.00 FEET; THENCE S13°48'29"W,ALONG SAID WEST RIGHT-OF- WAY LINE, 310.48 FEET; THENCE S16003'17"E, ALONG SAID WEST RIGHT-OF- WAY LINE, 158.10 FEET, TO ITS INTERSECTION WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE S89020'11"W, ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, 1148.78 FEET, TO THE SOUTHWEST CORNER THEREOF; THENCE S89040'17"W, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 27, A DISTANCE OF 369.54 FEET; THENCE N00°04'34"W, 275.95 FEET, TO THE SOUTHWEST CORNER OF SIMPSON'S FIRST ADDITION, IN ACCORDANCE WITH THE RECORDED PLAT THEREOF; THENCE N89022'03"E, ALONG THE SOUTH LINE OF SAID SIMPSON'S FIRST ADDITION, 228.06 FEET; THENCE N0000434"W, ALONG SAID SOUTH LINE, 114.00 FEET; THENCE N89024'56"E, ALONG SAID SOUTH LINE, 77.63 FEET; THENCE N00035'56"W, 355.94 FEET, TO A POINT ON THE NORTH LINE OF SAID SIMPSON'S FIRST ADDITION; THENCE S88047'21"W, ALONG SAID NORTH LINE, 302.49 FEET, TO THE NORTHWEST CORNER THEREOF; THENCE N09°27'19"W, 290.15 FEET; THENCE N22047'26"W, 249.51 FEET; THENCE N28034'15"W, 303.20 FEET; -5- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons THENCE N19014'26"W, 50.00 FEET; THENCE S70045'54"W, 181.75 FEET; THENCE S73003'00"W, 167.46 FEET; THENCE N16057'00"W, 103.39 FEET; THENCE S70045'34"W, 150.74 FEET; THENCE SOUTHWESTERLY, 354.64 FEET, ALONG A 1750.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 354.04 FOOT CHORD BEARS S76033'54"W; THENCE N07037'46"W, 468.90 FEET; THENCE N06043'24"W, 216.96 FEET; THENCE N19005'47"E, 163.29 FEET; THENCE N00°17'48"W, 209.08 FEET; THENCE N34027'42"W, 154.31 FEET; THENCE N27021'08"W, 182.12 FEET;THENCE NI 1027'19"W,29.36 FEET; THENCE N89029'44"E, 557.97 FEET; THENCE N00030'16"W, 730.00 FEET; THENCE N89029'44"E, 16.32 FEET; THENCE N88012'50"W, 250.20 FEET; THENCE S89029'44"W, 176.39 FEET; THENCE N00030'16"W, 100.00 FEET; THENCE N89029'44"E, 12.50 FEET; THENCE N0030'16"W, 330.14 FEET, TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE N89030'03"E,ALONG SAID NORTH LINE, 1543.05 FEET,TO THE POINT OF BEGINNING. SAID URBAN RENEWAL AREA CONTAINS 160.87 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; and A PORTION OF THE SOUTH ONE-HALF OF SECTION 22, AND A PORTION OF THE NORTH ONE-HALF OF SECTION 27, ALL OF TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, TIFFIN, JOHNSON COUNTY,IOWA,DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SECTION 22, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, TIFFIN, JOHNSON COUNTY, IOWA; THENCE S01021'28"E, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22,A DISTANCE OF 65.80 FEET;THENCE S64001'08"W,280.70 FEET; THENCE S60012'17"W, 118.40 FEET; THENCE S 17°32'21"W, 32.22 FEET; THENCE SOUTHEASTERLY 322.07 FEET, ALONG AN 870.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 320.24 FOOT CHORD BEARS S13047'58"E; THENCE SOUTHWESTERLY 29.37 FEET, ALONG AN 875.29 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 29.37 FOOT CHORD BEARS S01017'48"W; THENCE S02027'24"W, 123.20 FEET; THENCE S01021'24"E, 1112.18 FEET; THENCE SOUTHEASTERLY 270.74 FEET, ALONG AN 1140.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 270.10 FOOT CHORD BEARS S08009'36"E; THENCE S62016'48"E, 34.45 FEET; THENCE NORTHEASTERLY 413.91 FEET, ALONG AN 860.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 409.93 FOOT CHORD BEARS N85039'33"E; THENCE S09026'50"W, 120.00 FEET; THENCE SOUTHWESTERLY 342.36 FEET, ALONG A 740.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY,WHOSE 339.32 FOOT CHORD BEARS S8601 1'36"W; THENCE S24028'36"W, 35.93 FEET; THENCE SOUTHEASTERLY 136.21 FEET, ALONG AN 1130.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 136.13 FOOT CHORD BEARS S27005'03"E; THENCE S27026'58"E, 136.24 FEET; THENCE SOUTHEASTERLY 425.47 FEET, ALONG A 1260.00 FOOT RADIUS CURVE, -6- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons CONCAVE SOUTHWESTERLY, WHOSE 423.45 FOOT CHORD BEARS S19°57'48"E; THENCE S79042'37"W, 120.00 FEET; THENCE NORTHWESTERLY 458.10 FEET, ALONG AN 1140.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 455.02 CHORD BEARS N21048'06"W; THENCE NORTHWESTERLY 226.99 FEET, ALONG A 1260.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 226.69 FOOT CHORD BEARS N28009'09"W; THENCE N65051'39"W, 32.66 FEET; THENCE S70045'34"W, 481.71 FEET; THENCE S73003'00"W, 167.46 FEET; THENCE N16057'00"W, 103.39 FEET; THENCE N68028'08"E, 250.20 FEET; THENCE 70045'34"E, 381.18 FEET; THENCE N27022'09"E, 32.98 FEET; THENCE NORTHWESTERLY 166.93 FEET, ALONG A 1270.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 166.81 FOOT CHORD BEARS N11044'37"W; THENCE NORTHWESTERLY 146.52 FEET, ALONG A 1343.95 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 146.45 FOOT CHORD BEARS N00045'31"W; THENCE N01021'24"W, 1236.55 FEET; THENCE NORTHWESTERLY 289.82 FEET,ALONG A 740.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 287.97 FOOT CHORD BEARS N12034'35"W; THENCE N70022'58"W, 35.73 FEET; THENCE S64001'08"W, 99.31 FEET; THENCE SOUTHWESTERLY 55.13 FEET, ALONG AN 870.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 55.12 FOOT CHORD BEARS S65050'03"W; THENCE SOUTHWESTERLY146.48 FEET, ALONG AN 863.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 146.31 FOOT CHORD BEARS S76°23'41"W; THENCE SOUTHWESTERLY 182.61 FEET, ALONG AN 860.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 182.26 FOOT CHORD BEARS S83024'45"W; THENCE S8902944"W, 150.36 FEET; THENCE N88012'50"W, 250.20 FEET; THENCE S89029'44"W, 176.39 FEET; THENCE N00030'16"W, 100.00 FEET; THENCE N89029'44"E, 266.69 FEET; THENCE N87012'17"E, 250.20 FEET; THENCE N89029'44"E, 60.06 FEET; THENCE NORTHEASTERLY 329.04 FEET, ALONG A 740.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 326.34 FOOT CHORD BEARS N76045'26"E; THENCE N64001'08"E, 101.00 FEET; THENCE N19012'35"E, 33.83 FEET; THENCE NORTHWESTERLY 182.35 FEET, ALONG AN 860.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 182.01 FOOT CHORD BEARS N18048'19"W; THENCE N89030'03"E, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22, A DISTANCE OF 123.26 FEET; THENCE SOUTHEASTERLY 128.13 FEET,ALONG A 740.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 127.97 FOOT CHORD BEARS S 19°42'48"E; THENCE S70045'11"E, 34.08 FEET; THENCE N64001'08"E, 307.64 FEET; THENCE N89030'03"E, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22, A DISTANCE OF 139.89 FEET TO SAID POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 15.55 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; and -7- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons A PORTION OF SECTION 27, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, TIFFIN, JOHNSON COUNTY, IOWA,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 27, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, TIFFIN, JOHNSON COUNTY, IOWA; THENCE S00035'44"E, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 27, A DISTANCE OF 275.33 FEET, TO THE POINT OF BEGINNING; THENCE N79042'37"E, 42.28 FEET; THENCE SOUTHEASTERLY, 213.11 FEET ALONG A 1260.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 212.86 FOOT CHORD BEARS S05026'40"E; THENCE S00°35'56"E, 590.27 FEET; THENCE SOUTHWESTERLY, 136.12 FEET ALONG AN 860.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 135.98 FOOT CHORD BEARS S03056'07"W; THENCE SOUTHWESTERLY, 117.13 FEET ALONG A 740.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 117.00 FOOT CORD BEARS S03056'07"W; THENCE S00035'56"E, 2278.50 FEET; THENCE N84021'38"W, 120.71 FEET; THENCE N00035'56"W, 2265.39 FEET; THENCE NORTHEASTERLY, 136.12 FEET ALONG AN 860.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 135.98 FOOT CHORD BEARS NO3056'07"E; THENCE NORTHEASTERLY, 117.13 FEET ALONG A 740.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 117.00 FOOT CHORD BEARS NO3056'07"E; THENCE N00035'56"W, 590.27 FEET; THENCE NORTHWESTERLY, 192.81 FEET, ALONG A 1140.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 192.58 FOOT CHORD BEARS N05026'40"W; THENCE N79042'37"E, 77.72 FEET,TO THE POINT OF BEGINNING. SAID PHASE THREE RIGHT-OF-WAY CONTAINS 9.14 ACRES,AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. -8- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/1-lold Flrg&App UR Area New/TIF Ord 1 Cons Upon motion and vote, the meeting adjourned. stwi, be vrn r Mayor Attest: 4- City Clerk -9- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF TIFFIN I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the City of Tiffin, Iowa, and that as such I have in my possession or have access to the complete corporate records of the City and of its officers; and that I have carefully compared the transcript hereto attached with the aforesaid records and that the attached is a true, correct and complete copy of the corporate records relating to the action taken by the City Council preliminary to and in connection with designating an urban renewal area and approving the urban renewal plan and projects for the 2017 Park Place Commercial Urban Renewal Area in the City. WITNESS MY HAND this day of ) 2017. City Clerk (Please attach to this certificate a copy of the minutes or a resolution of the Planning and Zoning Commission showing the action taken by that Commission with respect to the urban renewal plan.) -10- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons MINUTES PROVIDING FOR PASSAGE OF AN ORDINANCE ESTABLISHING AN URBAN RENEWAL TAX INCREMENT FINANCING DISTRICT FOR THE 2017 PARK PLACE COMMERCIAL URBAN RENEWAL AREA 2017 Park Place Commercial Urban Renewal Area 436989-16 Tiffin, Iowa May 2, 2017 The City Council of Tiffin, Iowa, met on May 2, 2017 at seven o'clock pm., at the City Hall Council Chambers, in the City. The Mayor presided and the roll was called showing the members present and absent, as follows: Present: Peggy Upton, Jim Bartels, Al Havens, Mike Ryan, Jo Kahler. Absent: None. Council Member Ryan introduced an ordinance entitled "Ordinance No. 2017-400 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." It was moved by Council Member Ryan 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: Peggy Upton, Jim Bartels, Al Havens, Mike Ryan, Jo Kahler. Nays: None. Whereupon, the Mayor declared the motion duly carried and declared that said ordinance had been given its initial consideration. -1- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons It was moved by Council Member and seconded by Council Member that the statutory rule requiring an ordinance to be considered and voted on for passage at two City 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: Nays: Whereupon, the Mayor declared the motion duly carried. It was moved by Council Member and seconded by Council Member that the ordinance entitled "Ordinance No. . 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," now be put upon its final consideration and adoption. The Mayor put the question on the motion, and the roll being called, the following named Council Members voted: Ayes: Nays: Whereupon, the Mayor declared the motion duly carried and the ordinance duly adopted, as follows: -2- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons ORDINANCE NO. 2017-400 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 BE IT ENACTED by the members of the City 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 2017 Park Place Commercial Urban Renewal Area, 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 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. "Urban Renewal Area" shall mean the taxable real property situated in 2017 Park Place Commercial Urban Renewal Area, the boundaries of which are set out below, such property having been identified in the Urban Renewal Plan approved by the City Council by resolution adopted on May 2, 2017: Certain real property situated in the City of Tiffin, Johnson County, State of Iowa, described as follows: A PORTION OF THE SOUTH ONE-HALF OF SECTION 22, AND A PORTION OF THE NORTH ONE-HALF OF SECTION 27, ALL OF TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, TIFFIN, JOHNSON COUNTY,IOWA,DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SECTION 22, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, TIFFIN, JOHNSON COUNTY, IOWA; THENCE S01021'28"E, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22,A DISTANCE OF 1326.34 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE N89038'45"E, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 22, A DISTANCE OF 1181.03 FEET, TO ITS INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF INTERSTATE NO. 380; THENCE S10025'53"W, ALONG SAID WEST RIGHT-OF- WAY LINE, 397.76 FEET; THENCE S01007'24"E, ALONG SAID WEST RIGHT-OF- WAY LINE 700.00 FEET; THENCE S03059'09"E, ALONG SAID WEST RIGHT-OF- WAY LINE, 200.25 FEET; THENCE S05°24'45"E, ALONG SAID WEST RIGHT-OF- -3- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons WAY LINE, 401.12 FEET; THENCE S12026'00"E, ALONG SAID WEST RIGHT-OF- WAY LINE, 203.96 FEET; THENCE S0100724"E, ALONG SAID WEST RIGHT-OF- WAY LINE, 300.00 FEET; THENCE S13048'29"W,ALONG SAID WEST RIGHT-OF- WAY LINE, 310.48 FEET; THENCE S16003'17"E, ALONG SAID WEST RIGHT-OF- WAY LINE, 158.10 FEET, TO ITS INTERSECTION WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE S89020'11"W, ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, 1148.78 FEET, TO THE SOUTHWEST CORNER THEREOF; THENCE S89040'17"W, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 27, A DISTANCE OF 369.54 FEET; THENCE N00004'34"W, 275.95 FEET, TO THE SOUTHWEST CORNER OF SIMPSON'S FIRST ADDITION, IN ACCORDANCE WITH THE RECORDED PLAT THEREOF; THENCE N89022'03"E, ALONG THE SOUTH LINE OF SAID SIMPSON'S FIRST ADDITION, 228.06 FEET; THENCE N00004'34"W, ALONG SAID SOUTH LINE, 114.00 FEET; THENCE N89024'56"E, ALONG SAID SOUTH LINE, 77.63 FEET; THENCE N00035'56"W, 355.94 FEET, TO A POINT ON THE NORTH LINE OF SAID SIMPSON'S FIRST ADDITION; THENCE S88047'21"W, ALONG SAID NORTH LINE, 302.49 FEET, TO THE NORTHWEST CORNER THEREOF; THENCE N09°27'19"W, 290.15 FEET; THENCE N22047'26"W, 249.51 FEET; THENCE N28034'15"W, 303.20 FEET; THENCE N19014'26"W, 50.00 FEET; THENCE S70045'54"W, 181.75 FEET; THENCE S73003'00"W, 167.46 FEET; THENCE N16057'00"W, 103.39 FEET; THENCE S70°45'34"W, 150.74 FEET; THENCE SOUTHWESTERLY, 354.64 FEET, ALONG A 1750.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 354.04 FOOT CHORD BEARS S76033'54"W; THENCE N07037'46"W, 468.90 FEET; THENCE N06043'24"W, 216.96 FEET; THENCE N19005'47"E, 163.29 FEET; THENCE N00°17'48"W, 209.08 FEET; THENCE N34027'42"W, 154.31 FEET; THENCE N27021'08"W, 182.12 FEET;THENCE NI 1027'19"W,29.36 FEET; THENCE N89029'44"E, 557.97 FEET; THENCE N00030'16"W, 730.00 FEET; THENCE N89029'44"E, 16.32 FEET; THENCE N88012'50"W, 250.20 FEET; THENCE S89029'44"W, 176.39 FEET; THENCE N00030'16"W, 100.00 FEET; THENCE N89029'44"E, 12.50 FEET; THENCE N0030'16"W, 330.14 FEET, TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE N89030'03"E,ALONG SAID NORTH LINE, 1543.05 FEET,TO THE POINT OF BEGINNING. SAID URBAN RENEWAL AREA CONTAINS 160.87 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Section 3. Provisions for Division of Taxes Levied on Taxable Property in the Urban Renewal Area. After the effective date of this ordinance, the taxes levied on the taxable property in the Urban Renewal Area 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 Urban Renewal Area is located, shall be divided as follows: -4- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons (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 Urban Renewal Area, 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 Urban Renewal Area 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 Urban Renewal Area 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 levy program 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 Urban Renewal Area 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 Urban Renewal 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. 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 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. -5- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons 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 and approved by the City Council of the City of Tiffin, Iowa, on May 2, 2017. Mayor Attest: City Clerk There being no further business to come before the meeting, it was upon motion adjourned. Mayor Attest: City Clerk -6- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF TIFFIN I, the undersigned, City Clerk of the City of Tiffin, Iowa, do hereby certify that the attached is a true, correct and complete copy of all the records of the City Council of the City relating to the adoption of an ordinance entitled "Ordinance No. . 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." WITNESS MY HAND this day of , 2017. City Clerk -7- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF 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 , 2017, a copy of an ordinance of the City was filed in my office, shown to have been adopted by the City Council and approved by the Mayor thereof on May 2, 2017, entitled: "Ordinance No. 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 that I have duly placed a copy of the ordinance on file in my records. WITNESS MY HAND this day of ) 2017. County Auditor -8- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Hold Hrg&App UR Area New/TIF Ord 1 Cons STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF TIFFIN I, the undersigned, City Clerk of the City of Tiffin, Iowa, do hereby certify that I caused to be published "Ordinance No. . 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," 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 the City. WITNESS MY HAND this day of ) 2017. City Clerk (Attach hereto publisher's affidavit of publication with clipping of ordinance as published.) (PLEASE NOTE: Do not sign and date this certificate until you have checked a copy of the published ordinance and have verified that it was published on the date indicated in the publisher's affidavit.) -9- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A )]► © QRSEY DORSEY & WHITNEY LLP April 28, 2017 VIA EMAIL Doug Boldt City Administrator/City Hall Tiffin,IA Re: 2017 Park Place Commercial Urban Renewal Area Our File No. 436989-16 Dear Doug: Attached please find two sets of proceedings for use by the City Council on May 2,2017. The first set of proceedings covers the City Council's action in holding a public hearing on the designation of the urban renewal area and adopting a resolution to approve the urban renewal plan for that Area. The resolution states that the consultation has been held and that the Planning and Zoning Commission has considered the urban renewal plan. If either of these actions have not been taken,please notify me immediately. The second set of proceedings covers the adoption of the tax increment ordinance for the 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 finally adopted. If the Council does not choose to follow this procedure, we will provide substitute proceedings covering the separate considerations of the ordinance. 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 Amy Bjork or me if you have any questions. Best regards, John P. Danos Attachments cc: Ashley Jay-Platz DORSEY & WHITNEY LLP • WWW.DORSEY.COM , T 515.283.1000 , F 515.283.1060 801 GRAND • SUITE 4100 • DES MOINES, IOWA 50309-8002 USA CANAC)A EUROPE ASIA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Set Date Dev Agmt AA SET DATE FOR HEARING ON DEVELOPMENT AGREEMENT AND TAX INCREMENT PAYMENTS (DERS Development, LLC) 436989-16 Tiffin, Iowa May 2, 2017 A meeting of the City Council of the City of Tiffin, Iowa, was held at seven o'clock p.m., on May 2, 2017, at the 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: Peggy Upton, Jim Bartels, Al Havens, Mike Ryan, Jo Kahler. Absent: None. Council Member Ryan introduced the resolution next hereinafter set out and moved its adoption, seconded by Council Member Havens; 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: Peggy Upton, Jim Bartels, Al Havens,Mike Ryan, Jo Kahler. Nays: None. Whereupon, the Mayor declared said resolution duly adopted, as follows: -1- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Set Date Dev Agmt AA RESOLUTION NO. 2017-025 Resolution Setting a Date of Meeting at which it is Proposed to Approve a Development Agreement with DERS Development, LLC, Including Annual Appropriation Tax Increment Payments in an Amount not to Exceed $10,000,000 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 2017 Park Place Commercial 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 DERS Development, LLC (the "Developer") in connection with the development of commercial real estate and the corresponding construction of improvements to Park Road, Oakdale Road and Forevergreen Road necessary for such commercial development; 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$10,000,000 under the authority of Section 403.9(1) 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 May 16, 2017, at seven 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:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Set Date Dev Agmt AA NOTICE OF MEETING FOR APPROVAL OF DEVELOPMENT AGREEMENT WITH DERS DEVELOPMENT, LLC AND AUTHORIZATION OF ANNUAL APPROPRIATION TAX INCREMENT PAYMENTS The City Council of the City of Tiffin, Iowa,will meet at the City Hall Council Chambers on May 16, 2017, at seven o'clock p.m., at which time and place proceedings will be instituted and action taken to approve a Development Agreement (the "Agreement") between the City and DERS Development, LLC (the "Developer"), in connection with the development of commercial real estate in the 2017 Park Place Commercial Urban Renewal Area and the corresponding construction of improvements to Park Road, Oakdale Road and Forevergreen Road necessary for such commercial development therein, which Agreement provides for certain financial incentives in the form of incremental property tax payments to the Developer in a total amount not exceeding $10,000,000 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 2017 Park Place Commercial 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:2AEC96E5-F2B6-419F-A26B-58E09720989A 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 May 2, 2017. Mayor Attest: City Clerk -4- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Tiffin/436989-16/Set Date Dev Agmt AA On motion and vote the meeting adjourned. Sfwl- be vr&V Mayor Attest: 444 City Clerk -5- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A 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 5/3/2017 1 11:15:Af PDT 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:2AEC96E5-F2B6-419F-A26B-58E09720989A a0RSEY DORSEY & WHITNEY LLP April 28, 2017 Via Email Doug Boldt City Administrator/City Hall Tiffin, lA Re: Development Agreement (DERS Development, LLC) Our File No. 436989-16 Dear Doug: Attached please find proceedings to enable the City Council to act on May 2, 2017 to set May 16, 2017 as the date for a public hearing on the proposed Development Agreement with DERS Development, LLC, 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 May 16, 2017 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 Amy Bjork or me if you have questions. Best regards, John P. Danos Attachments cc: Ashley Jay-Platz DORSEY & WHITNEY LLP - WWW.DORSEY.COM • T 515.283.1000 • F 515.283.1060 801 GRAND • SUITE 4100 • DES MOINES, IOWA 50309-8002 USA CANADA EURaPE ASIA DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A RESOLUTION NO. 2017-026 A RESOLUTION SETTING THE DATE FOR THE PUBLIC HEARING AND LETTING OF THE CLEAR CREEK COMMERCE PARK IMPROVEMENTS - VILLAGE DRIVE EXTENSION PROJECT Wheras, the City of Tiffin, Iowa will set the date for the Public Hearing and Letting of the Clear Creek Commerce Park Improvements — Village Drive Extension Project. Now, therefore be it resolved by the City Council of the City of Tiffin, Iowa, set the date for the Public Hearing of the aforementioned project for June 6, 2017, at 7:00 P.M. The date for the Letting of the aforementioned project is set for June 1 , 2017, at 10:00 A.M. Sealed proposals for the construction of said improvements will be received by the City Clerk at the City of Tiffin, 300 Railroad, Tiffin, Iowa, until 10:00 A.M. on June 1 , 2017. On the 2nd day of May, 2017, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Ryan introduced RESOLUTION NO. 2017-026, A RESOLUTION SETTING THE DATE FOR THE PUBLIC HEARING AND LETTING OF THE CLEAR CREEK COMMERCE PARK IMPROVEMENTS — VILLAGE DRIVE EXTENSION PROJECT and made a motion for approval. Motion seconded by Councilperson Kahler. Ayes: Peggy Upton, Jim Bartels, Al Havens, Mike Ryan, Jo Kahler. Nays: None. Absent: None. Whereupon five Council members were present and voted approval and Mayor Berner declared that RESOLUTION NO. 2017-026, A RESOLUTION SETTING THE DATE FOR THE PUBLIC HEARING AND LETTING OF THE CLEAR CREEK COMMERCE PARK IMPROVEMENTS — VILLAGE DRIVE EXTENSION PROJECT to be adopted and signified his approval of the same by affixing his signature thereto. Passed by the City Council on the 2nd day of May, 2017. City of Tiffin Steven L. Berner, Mayor ATTEST: ' _ Doug Boldt, City Administrator/Clerk DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A RESOLUTION NO. 2017-027 A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING FOR THE FY 2016- 2017 BUDGET AMENDMENT Whereas, The City recognizes that there should be a budget amendment to update the necessary revenues and expenses that have transpired in FY 2016-2017 that were not originally planned; Now, therefore be it resolved by the City Council of the City of Tiffin, Iowa to approve setting a public hearing date for June 6, 2017, for the Budget Amendment. On the 2nd day of May, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Bartels introduced RESOLUTION NO. 2017-027, A RESOLUTION SETTING A PUBLIC HEARING DATE FOR THE FY 2016-2017 BUDGET AMENDMENT and made a motion for approval. Motion seconded by Councilperson Ryan. Ayes: Peggy Upton, Jim Bartels, Al Havens, Mike Ryan, Jo Kahler. Nays: None. Absent: None. Whereupon five Council members were present and voted approval and Mayor Berner declared that the RESOLUTION NO. 2017-027, A RESOLUTION SETTING A PUBLIC HEARING DATE FOR THE FY 2016-2017 BUDGET AMENDMENT to be adopted and signified his approval of the same by affixing his signature thereto. Passed by the City Council on the 2nd day of May, 2017. City of Tiffin sfwa, bulvtv Steven L. Berner, Mayor ATTEST: Doug Boldt, City Administrator/Clerk DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A CITY OF TIFFIN ORDINANCE NO. 2017-399 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF TIFFIN, IOWA, SECTION 99.10(1) OF CHAPTER 99, PAYMENT OF BILLS — SEWER ADJUSTMENT BE IT ENACTED by the City Council of the City of Tiffin, Iowa: Section I. Purpose: The purpose of this ordinance is to amend Section 99.10(1) of Chapter 99 of the Municipal Code of Tiffin, Iowa, to amend payment of bills exception section and change it to a sewer adjustment section. Section II. Amendment. Section 99.10(1) of Chapter 99 is hereby amended as follows: CHAPTER 99 SEWER USER CHARGE SYSTEM 99.10(1) SEWER ADJUSTMENT. Upon application to and at the discretion of the Tiffin City Council, each customer or address within the Corporate Limits of the City of Tiffin may be allowed a one-time adjustment on the sewer bill at that address or meter with an adjustment cap of$250.00. A twelve-month average billing amount will be established from the twelve immediate previous billing cycles. The customer will pay no less than the average of those previous twelve months. Tax will be paid on the original full billing amount, regardless of the amount of adjustment. If an adjustment is made to the customer's sewer bill under this ordinance then the one- time water adjustment must also be used at the same time. Section III. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section N. Severability 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 V. When Effective. This ordinance shall be in effect after its final passage, approval, and posting as provided by law. DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A On the 4th day of April 2017, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Havens introduced Ordinance No. 2017-399, and moved that it be given its first reading. The motion was seconded by Councilperson Kahler. Ayes: Ryan, Bartels, Havens, Kahler, Upton. Nays: None Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2017-399,was read the first time, discussed, and placed on record. On the 18th day of April 2017, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Kahler introduced Ordinance No. 2017-399, and moved that it be given its second reading. The motion was seconded by Councilperson Upton. Ayes: Upton, Bartels, Havens, Ryan, Kahler. Nays: None. Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2017-399,was read the second time and discussed and placed on record. On the 2nd day of May 2017, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Ryan introduced Ordinance No. 2017-399, and moved that it be given its third and last reading. The motion was seconded by Councilperson Kahler. Ayes: Upton, Kahler, Bartels, Ryan, Havens. Nays: None. Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and the ordinance was passed and adopted. Whereupon the Mayor declared that Ordinance No. 2017-399 be adopted and signified his approval of same by fixing his signature thereto. Passed by the Council on the 2nd day of May 2017 and approved by the Mayor on the 2nd day of May 2017. CITY OF TIFFIN, IOWA: DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A By: Sfw) buu v' STEVE BERNER, Mayor ATTEST: DOUG BOLDT, City Administrator/Clerk I, Doug Boldt, City Administrator/Clerk of the City of Tiffin, Iowa, state that an ordinance entitled AN ORDINANCE AMENDING THE MUNICIPAL CODE OF TIFFIN, IOWA, SECTION 99.10(1) OF CHAPTER 99, PAYMENT OF BILLS — SEWER ADJUSTMENT and known as No. 2017-399 was duly passed by the Council on the 2nd day of May 2017, and signed by the Mayor on the 3rd day of May 2017, and published on the 3 day of May 2017, by posting copies thereof in three public places within the limits of the City of Tiffin, Iowa. That I posted copies of Ordinance No. 2017-399 in the following places: The Depot, Tiffin, Iowa Casey's, Tiffin, Iowa Solon State Bank, Tiffin, Iowa Doug Boldt, City Administrator/Clerk DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A CITY OF TIFFIN ORDINANCE NO. 2017-398 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF TIFFIN, IOWA, CHAPTER 92, BY ADDING SECTION 92.10 — WATER ADJUSTMENT BE IT ENACTED by the City Council of the City of Tiffin, Iowa: Section I. Purpose: The purpose of this ordinance is to amend Chapter 92 of the Municipal Code of Tiffin, Iowa, to add a water adjustment section. Section II. Amendment. Section 92.10 of Chapter 92 is hereby added as follows: CHAPTER 92 WATER RATES 92.10 WATER ADJUSTMENT. Upon application to and at the discretion of the Tiffin City Council, each customer or address within the Corporate Limits of the City of Tiffin may be allowed a one-time adjustment on the water bill at that address or meter with an adjustment cap of$250.00. A twelve-month average billing amount will be established from the twelve immediate previous billing cycles. The customer will pay no less than the average of those previous twelve months. Tax will be paid on the original full billing amount, regardless of the amount of adjustment. If an adjustment is made to the customer's water bill under this ordinance then the one- time sewer adjustment must also be used at the same time. Section III. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section N. Severability 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 V. When Effective. This ordinance shall be in effect after its final passage, approval, and posting as provided by law. DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A On the 4th day of April 2017, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Havens introduced Ordinance No. 2017-398, and moved that it be given its first reading. The motion was seconded by Councilperson Ryan. Ayes: Havens, Bartels, Upton, Kahler, Ryan Nays: None. Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2017-398,was read the first time, discussed, and placed on record. On the 18th day of April 2017, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Ryan introduced Ordinance No. 2017-398, and moved that it be given its second reading. The motion was seconded by Councilperson Kahler. Ayes: Upton, Bartels, Kahler, Ryan, Havens Nays: None. Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2017-398,was read the second time and discussed and placed on record. On the 2nd day of May 2017, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Kahler introduced Ordinance No. 2017-398, and moved that it be given its third and last reading. The motion was seconded by Councilperson Ryan Ayes: Upton, Kahler, Ryan, Bartels, Havens Nays: None. Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and the ordinance was passed and adopted. Whereupon the Mayor declared that Ordinance No. 2017-398 be adopted and signified his approval of same by fixing his signature thereto. Passed by the Council on the 2nd day of May 2017 and approved by the Mayor on the 3zd day of May 2017. CITY OF TIFFIN, IOWA: DocuSign Envelope ID:2AEC96E5-F2B6-419F-A26B-58E09720989A Sft - bGvtAkr By: STEVE BERNER, Mayor ATTEST: DOUG BOLDT, City Administrator/Clerk I, Doug Boldt, City Administrator/Clerk of the City of Tiffin, Iowa, state that an ordinance entitled AN ORDINANCE AMENDING THE MUNICIPAL CODE OF TIFFIN, IOWA, CHAPTER 92, BY ADDING SECTION 92.10 —WATER ADJUSTMENT and known as No. 2017-398 was duly passed by the Council on the 2nd day of May 2017, and signed by the Mayor on the 3rd day of May 2017, and published on the 3rd day of May 2017, by posting copies thereof in three public places within the limits of the City of Tiffin, Iowa. That I posted copies of Ordinance No. 2017-398 in the following places: The Depot, Tiffin, Iowa Casey's, Tiffin, Iowa Solon State Bank, Tiffin, Iowa Doug Boldt, City Administrator/Clerk DocW .. � SECURE D Certificate Of Completion Envelope Id: BEFED462FABA4AA58DB6910AA539DOCE Status: Completed Subject: Please DocuSign:2017-032 Set Public Hearing Date to Rezone Village Phase 3.docx,2017-024 -H... Source Envelope: Document Pages:27 Signatures:26 Envelope Originator: Supplemental Document Pages:0 Initials:0 ASHLEY PLATZ Certificate Pages:5 AutoNav: Enabled Payments:0 300 Railroad St Envelopeld Stamping: Enabled PO Box 259 Time Zone: (UTC-08:00)Pacific Time(US& Tiffin, IA 52340 Canada) AJAY@TIFFIN-IOWA.ORG IP Address: 10.102.10 1.11 Record Tracking Status: Original Holder:ASHLEY PLATZ Location: DocuSign 5/18/2017 8:17:11 AM AJAY@TIFFIN-IOWA.ORG Signer Events Signature Timestamp Steve Berner Sent:5/18/2017 8:45:33 AM steven.lee.berner@gmail.com SkW, b'lAJViewed: 5/18/2017 9:51:16 AM Security Level: Email,Account Authentication Signed:5/18/2017 9:52:43 AM (None) Using IP Address: 199.120.90.9 Electronic Record and Signature Disclosure: Accepted:5/18/2017 9:51:16 AM ID:917e34a5-3343-4a38-b943-5a2bc79316f7 Doug Boldt Sent:5/18/2017 9:52:46 AM dboldt@tiffin-iowa.org Viewed: 5/18/2017 9:54:23 AM Security Level: Email,Account Authentication Signed:5/18/2017 9:54:54 AM (None) Using IP Address:69.63.16.128 Electronic Record and Signature Disclosure: Accepted: 11/15/2016 7:19:16 AM ID:e71e6fed-796e-4f6c-b8a2-9a25882d8617 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Notary Events Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/18/2017 9:52:46 AM Certified Delivered Security Checked 5/18/2017 9:54:23 AM Signing Complete Security Checked 5/18/2017 9:54:54 AM Envelope Summary Events Status Timestamps Completed Security Checked 5/18/2017 9:54:54 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 10/14/2016 9:26:05 AM Parties agreed to:Steve Berner, Doug Boldt CONSUMER DISCLOSURE From time to time, CITY OF TIFFIN, IOWA(we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign, Inc. (DocuSign) electronic signing system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the a€-I agreed€TM button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after signing session and, if you elect to create a DocuSign signer account, you may access them for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign a€Withdraw Consenta€TM form on the signing page of a DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact CITY OF TIFFIN, IOWA: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: AJAY@TIFFIN-IOWA.ORG To advise CITY OF TIFFIN, IOWA of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at AJAY@TIFFIN-IOWA.ORG and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in the DocuSign system. To request paper copies from CITY OF TIFFIN, IOWA To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to AJAY@TIFFIN-IOWA.ORG and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with CITY OF TIFFIN,IOWA To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to AJAY@TIFFIN-IOWA.ORG and in the body of such request you must state your e-mail, full name, US Postal Address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: WindowsA@ 2000, WindowsA@ XP, Windows VistaA@; Mac OSA® X Browsers: Final release versions of Internet ExplorerA@ 6.0 or above (Windows only); Mozilla Firefox 2.0 or above (Windows and Mac); Safaria„¢ 3.0 or above (Mac only) PDF Reader: AcrobatA@ or similar software may be required to view and print PDF files Screen Resolution: 800 x 600 minimum Enabled Security Settings: Allow per session cookies ** These minimum requirements are subject to change. If these requirements change, you will be asked to re-accept the disclosure. Pre-release(e.g. beta) versions of operating systems and browsers are not supported. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the df-I agreed€TM button below. By checking the d€-I agreed€TM box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify CITY OF TIFFIN, IOWA as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by CITY OF TIFFIN, IOWA during the course of my relationship with you.