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HomeMy Public PortalAboutOrdinances-2017-400 DocuSign Envelope ID: F78D2D2E-9A27-4E0E-840A-14973C5FC2D8 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 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: Upton, Bartels, Havens, Ryan, Kahler Absent: None. Council Member Ryan introduced an ordinance 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 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: Upton, Bartels, Havens, Ryan, Kahler. Nays: None. Whereupon, the Mayor declared the motion duly carried and declared that said ordinance had been given its initial consideration. DocuSign Envelope ID: F78D2D2E-9A27-4E0E-840A-14973C5FC2D8 It was moved by Council Member Havens and seconded by Council Member Ryan 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: Upton, Bartels, Havens, Ryan, Kahler Nays: None. Whereupon, the Mayor declared the motion duly carried. It was moved by Council Member Havens and seconded by Council Member Bartels that the ordi-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 nal consideration and adoption. The Mayor put the question on the motion, and the roll being called, the following named Council Members voted: Ayes: Upton, Bartels, Havens, Ryan, Kahler Nays: None. Whereupon, the Mayor declared the motion duly carried and the ordinance duly adopted, as follows: DocuSign Envelope ID: F78D2D2E-9A27-4E0E-840A-14973C5FC2D8 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: a. 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 S01°21'28"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 N89°38'45"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 S10°25'53"W, ALONG SAID WEST RIGHT-OF-WAY LINE, 397.76 FEET; THENCE S01°07'24"E, ALONG SAID WEST RIGHT-OF-WAY LINE 700.00 FEET; THENCE S03°59'09"E, ALONG SAID WEST RIGHT-OF-WAY LINE, 200.25 FEET; THENCE DocuSign Envelope ID: F78D2D2E-9A27-4E0E-840A-14973C5FC2D8 S05°24'45"E, ALONG SAID WEST RIGHT-OF-WAY LINE, 401.12 FEET; THENCE S12°26'00"E, ALONG SAID WEST RIGHT-OF-WAY LINE, 203.96 FEET; THENCE S01°07'24"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 S16°03'17"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 S89°20'11"W, ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, 1148.78 FEET, TO THE SOUTHWEST CORNER THEREOF; THENCE S89°40'17"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 N89°22'03"E, ALONG THE SOUTH LINE OF SAID SIMPSON'S FIRST ADDITION, 228.06 FEET; THENCE N00°04'34"W, ALONG SAID SOUTH LINE, 114.00 FEET; THENCE N89°24'56"E, ALONG SAID SOUTH LINE, 77.63 FEET; THENCE N00°35'56"W, 355.94 FEET, TO A POINT ON THE NORTH LINE OF SAID SIMPSON'S FIRST ADDITION; THENCE S88°47'21"W, ALONG SAID NORTH LINE, 302.49 FEET, TO THE NORTHWEST CORNER THEREOF; THENCE N09°27'19"W, 290.15 FEET; THENCE N22°47'26"W, 249.51 FEET; THENCE N28°34'15"W, 303.20 FEET; THENCE N19°14'26"W, 50.00 FEET; THENCE S70°45'54"W, 181.75 FEET; THENCE S73°03'00"W, 167.46 FEET; THENCE N16°57'00"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 S76°33'54"W; THENCE N07°37'46"W, 468.90 FEET; THENCE N06°43'24"W, 216.96 FEET; THENCE N19°05'47"E, 163.29 FEET; THENCE N00°17'48"W, 209.08 FEET; THENCE N34°27'42"W, 154.31 FEET; THENCE N27°21'08"W, 182.12 FEET; THENCE N11°27'19"W, 29.36 FEET; THENCE N89°29'44"E, 557.97 FEET; THENCE N00°30'16"W, 730.00 FEET; THENCE N89°29'44"E, 16.32 FEET; THENCE N88°12'50"W, 250.20 FEET; THENCE S89°29'44"W, 176.39 FEET; THENCE N00°30'16"W, 100.00 FEET; THENCE N89°29'44"E, 12.50 FEET; THENCE N0°30'16"W, 330.14 FEET, TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE N89°30'03"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: (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 DocuSign Envelope ID: F78D2D2E-9A27-4E0E-840A-14973C5FC2D8 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) 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. DocuSign Envelope ID: F78D2D2E-9A27-4E0E-840A-14973C5FC2D8 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 DocuSign Envelope ID: F78D2D2E-9A27-4E0E-840A-14973C5FC2D8 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 ordinanc017-400. An Ordinance providing for the division of taxes levied on taxable property in the 2017 Park Place Commercial Urban Renewal Area, pursuant to Section WITNESS MY HAND this ___ day of ______________________, 2017. City Clerk DocuSign Envelope ID: F78D2D2E-9A27-4E0E-840A-14973C5FC2D8 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 wasfiled in my office, shown to have been adopted by the City Council and approved by providing for the division of taxes levied on taxable property in the 2017 Park Place Commercial Urban Renewal Area, pursuant to Section placed a copy of the ordinance on file in my records. WITNESS MY HAND this ___ day of ______________________, 2017. County Auditor DocuSign Envelope ID: F78D2D2E-9A27-4E0E-840A-14973C5FC2D8 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 -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 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 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 Certificate Of Completion Envelope Id: F78D2D2E9A274E0E840A14973C5FC2D8Status: Completed Subject: Please DocuSign: ORD 2017-400 - URA - PARK PLACE.docx Source Envelope: Document Pages: 9Signatures: 6Envelope Originator: Supplemental Document Pages: 0Initials: 0ASHLEY PLATZ Certificate Pages: 5 AutoNav: EnabledPayments: 0300 Railroad St EnvelopeId Stamping: EnabledPO Box 259 Time Zone: (UTC-08:00) Pacific Time (US & Tiffin, IA 52340 Canada)AJAY@TIFFIN-IOWA.ORG IP Address: 10.102.101.12 Record Tracking Status: OriginalHolder: ASHLEY PLATZLocation: DocuSign 6/12/2017 7:19:26 AM AJAY@TIFFIN-IOWA.ORG Signer EventsSignatureTimestamp Steve BernerSent: 6/12/2017 7:20:47 AM steven.lee.berner@gmail.comResent: 6/13/2017 6:35:08 AM Security Level: Email, Account Authentication Viewed: 6/13/2017 8:41:59 AM (None) Signed: 6/13/2017 8:42:27 AM Using IP Address: 199.120.90.9 Electronic Record and Signature Disclosure: Accepted: 6/13/2017 8:41:59 AM ID: 132247c3-0695-4afe-8b2b-24c2f6adf572 Doug BoldtSent: 6/13/2017 8:42:28 AM dboldt@tiffin-iowa.orgViewed: 6/13/2017 8:51:17 AM Security Level: Email, Account Authentication Signed: 6/13/2017 8:51:42 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 EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted6/13/2017 8:42:28 AM Certified DeliveredSecurity Checked6/13/2017 8:51:17 AM Signing CompleteSecurity Checked6/13/2017 8:51:42 AM Envelope Summary EventsStatusTimestamps CompletedSecurity Checked6/13/2017 8:51:42 AM Payment EventsStatusTimestamps Electronic Record and Signature Disclosure 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. 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