HomeMy Public PortalAboutOrdinances-2017-409
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MINUTES PROVIDING FOR PASSAGE
OF AN ORDINANCE ESTABLISHING A
TAX INCREMENT FINANCING
DISTRICT FOR THE JULY 2017
ADDITION TO THE TIFFIN URBAN
RENEWAL AREA
436989-17
Tiffin, Iowa
July 18, 2017
The City Council of the City of Tiffin, Iowa, met on July 18, 2017, at seven p.m.,
at the City Hall Council Chambers in the City.
The Mayor presided and the roll was called showing members present and absent, as
follows:
Present: Upton, Havens, Kahler.
Absent: Ryan, Bartels.
Council Member Havens introduced an ordina-409. An
Ordinance Providing for the Division of Taxes Levied on Taxable Property in the July 2017
Addition to the Tiffin Urban Renewal Area, Pursuant to Section
It was moved by Council Member Havens and seconded by Council Member Kahler 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, Havens, Kahler.
Nays: None.
Whereupon, the Mayor declared the motion duly carried and declared that the ordinance
had been given its initial consideration.
It was moved by Council Member Upton and seconded by Council Member Kahler that
the statutory rule requiring an ordinance to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be finally passed be suspended. The
Mayor put the question on the motion and the roll being called, the following named Council
Members voted:
Ayes: Kahler, Upton, Bartels, Havens, Ryan.
Nays: None.
Whereupon, the Mayor declared the motion duly carried.
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It was moved by Council Member Ryan and seconded by Council Member Kahler that
the ordinan-409. An Ordinance Providing for the Division of
Taxes Levied on Taxable Property in the 2017 Addition to the Tiffin Urban Renewal Area,
Pursuant to Section
adoption. The Mayor put the question on the final consideration and adoption of the ordinance
and the roll being called, the following named Council Members voted:
Ayes: Upton, Bartels, Kahler, Ryan, Havens
Nays: None.
Whereupon, the Mayor declared the motion duly carried and the ordinance duly adopted,
as follows:
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ORDINANCE NO. 2017-409
An Ordinance Providing for the Division of Taxes Levied on Taxable Property in
the July 2017 Addition to the Tiffin Urban Renewal Area, Pursuant to
Section 403.19 of the Code of Iowa
Property In The Tiffin Urban Renewal Area, Pursuant to Section
and
WHEREAS, pursuant to that ordinance, certain taxable property within the Tiffin Urban
BE IT ENACTED by the Council of the City of Tiffin, Iowa:
Section 1. Purpose. The purpose of this ordinance is to provide for the division of
taxes levied on the taxable property in the July 2017 Addition to the Tiffin Urban Renewal Area
of the City of Tiffin, Iowa, each year by and for the benefit of the state, city, county, school
districts or other taxing districts after the effective date of this ordinance in order to create a
special fund to pay the principal of and interest on loans, moneys advanced to or indebtedness,
including bonds proposed to be issued by the City of Tiffin to finance projects in such area.
Section 2. Definitions. For use within this ordinance the following terms shall have
the following meanings:
ll mean Johnson County, Iowa.
Urban Renewal Area of the City, the legal description of which is set out below, approved by the
th
City Council by resolution adopted on the 18 day of July, 2017:
1. Wombacher Partnership (Agricultural Land)
The northeast quarter of Section 33, Township 80 north, Range 7 west of the 5th
P.M.,
excepting that part thereof taken by the State of Iowa for highway purposes
AND
All that part of said Nl/2 SEl/4 that lies northerly and northeasterly of the northerly
right-of-way of interstate 80. Contains 126.94 acres more or less.
2. The east 100-feet of the Southwest ¼ of Section 28, Township 80 north, Range 7
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west of the 5th P.M.
AND
The west 100-feet of the Southeast ¼ of Section 28, Township 80 north, Range 7
west of the 5th P.M.
3. Schneider' s (Agricultural Land)
A portion of the Northwest one quarter of Section 34, Township 80 North, Range 7
West of the Fifth Principal Meridian, Johnson County, Iowa the boundaries of which
are described as follows:
Beginning at the West Quarter Corner of Section 34, Township 80 North, Range 7
West, of the 5th Principal Meridian; Thence N00°00'00"E, an assumed bearing
along the West Line of said Northwest Quarter, 1322.05 feet; Thence S88°55'00"E,
1060.19 feet, to the Northwest Corner of Lot 2 of Forest Ridge Subdivision, as
recorded in Plat Book 22 at Page 34, of the Records of the Johnson County
Recorder's Office; Thence S00°00'00"W, 427.01 feet, to the Southwest Corner of
said Lot 2; Thence N88°16'50"E, along the south line of said Lot 2, 289.88 feet;
Thence S82°10'41"E along said south line of Lot 2, 134.11 feet; Thence S88°5 l
;02"E, along said south line of Lot 2, 200.42 feet, to the Southeast Corner thereof;
Thence Southeasterly, 147.37 feet, along the southerly Right-of-Way Line of Platted
Ridge Drive, on a 50.00 foot radius cul-de-sac curve, whose 99.53 foot chord bears
S83°17'06"E; Thence N73°59'51"E, along said southerly Right-of-Way Line, 104 .91
feet; Thence Northeasterly, 42.88 feet, along said southerly Right-of-Way Line, on a
50.00 foot radius curve, concave northwesterly, whose 41.57 foot chord bears
N49°25'55"E; Thence N24°51'58"E along said southerly Right-of-Way Line, 57.71
feet; Thence Northeasterly, 192.37 feet, along a 170.00 foot radius curve, concave
southeasterly, whose 182.27 foot chord bears N57°17'04"E; Thence N89°42 '09"E,
along said southerly Right-of-Way Line, 44.25 feet; Thence southeasterly, 78.54,
along said southerly Right-of-Way Line, on a 50.00 foot radius curve, concave
southwesterly, whose 70.71 foot chord bears S45°17'5l"E; Thence S00°17'51"E
along said southerly Right-of-Way Line, 172.05 feet; Thence S88°55'00"E along
said southerly Right-of-Way Line, 304.97 feet; Thence S00°17' 5l"E, along said
southerly Right-of-Way Line, 23.82 feet; Thence N89°05'09"E along said southerly
Right-of-Way Line, 109.60 feet, to the Southeast Corner thereof; Thence
Southeasterly, 23.20 feet, along the westerly Right-of-Way Line of Jasper Avenue,
on a 1960.00 radius curve, concave northeasterly, whose 23.20 foot chord bears
S02°35'04"E; Thence S02°55'25"E, along said westerly Right-of-Way Line, 203.22
feet; Thence S87°39 '4l"W, 273.43 feet; Thence S02°20' 19"E, 517.39 feet, to a
point on the Northerly Right-of-Way Line of Interstate Highway No. 80, which is
140.00 feet, normally distant northerly of the Centerline of said Highway; Thence
S88°00'57"W along said Northerly Right-of-Way Line 1151.53 feet to a point which
is 140.00 feet, normally distant northerly of said Highway centerline, at Station
600+00; Thence N86°16'25"W, along said Northerly Right-of-Way Line, 100.50 feet,
to a point which is 150.00 feet normally distant northerly of said Highway centerline
at Station 599+00; Thence S88°00'57"W, along said Northerly Right-of-Way Line,
500.00 feet, to a point which is 150.00 normally distant northerly of said Highway
Centerline, at Station 594+00; Thence S87°04'07"W, along said Northerly Right-of-
Way Line, 611.09 feet, to a point on the West Line of said Southwest Quarter of
Section 34, which is 140.00 normally distant northerly of said Highway Centerline;
Thence N00°00'00"E, 28.92 feet, to the Point of Beginning.
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Excepting therefrom a portion of the Northwest one-quarter of Section 34, Township
80 North, Range 7 West of the 5th Principal Meridian, City of Tiffin, Johnson
County, Iowa, the boundaries of which are described as follows: Commencing at
the Southwest corner of Lot I, Jasper Hill Subdivision, Johnson County, Iowa
according to the recorded plat thereof, recorded in Plat Book 35 at Page 35 in the
records of the Johnson County Recorder; Thence N02°20'19"W, along the westerly
line of said Lot 1, a distance of 66.00 feet to the Point of Beginning; Thence
S88°00'57"W, 124.68 feet; Thence northeasterly, 173.47 feet along an arc of a
110.00 foot radius curve, concavenorthwesterly, whose 156.04 foot chord bears
N42°50'19"E; Thence N02°20' l 9"W, 298.72 feet; Thence northeasterly, 287.60 feet
along an arc of a 190.00 foot radius curve, concave southeasterly, whose 260.92
foot chord bears N41°0l '32"E; Thence N84°23'23"E, a distance of 106.97 feet to a
point on the westerly right-of-way line of Jasper Avenue NW; Thence
S02°55'25"E,along said westerly right-of-way line, 80.09 feet; Thence S84°23'23"W,
103.22 feet; thence southwesterly, 123.55 feet along an arc of a 110 .00 foot radius
curve concave southeasterly, whose 117.16 foot chord bears S52°12'47"W, to a
point on the northerly line of said Lot l; Thence S87°39'41W, along said northerly
line, 74.28 feet to the Northwest Comer of said Lot 1; Thence S02°20'19"E, along
the westerly line of said Lot 1, a distance of 451.39 feet to the Point of Beginning.
The resultant acreage is 58.35 acres and is subject to easements and restrictions of
record.
Except the following Parcels:
A. The Final Plat of Villages of Tiffin
Subdivision in the Northwest Quarter of Section 33, Township 80 North, Range 7
th
West of the 5 P.M., City of Tiffin, Johnson County, Iowa, recorded November 13,
2009, in
12.00 acres, more or less, subject to all easements and restrictions of record.
B. -083, being in the Northeast Quarter of
th
Section 33, Township 80 North, Range 7 West of the 5 P.M., City of Tiffin,
Johnson County, Iowa, recorded December 20, 2010, in Book 55, Page 181, in the
all easements and restrictions of record.
C. -071, being in the Northeast Quarter of
th
Section 33, Township 80 North, Range 7 West of the 5 P.M., City of Tiffin,
Johnson County, Iowa, recorded October 8, 2013, in Book 58, Page 18, in the
Johnson County R
all easements and restrictions of record.
D.
-004, being in the Northeast Quarter of
th
Section 33, Township 80 North, Range 7 West of the 5 P.M., City of Tiffin,
Johnson County, Iowa, recorded March 8, 2017, in Book 61, Page 20, in the
all easements and restrictions of record.
y of the Tiffin Urban Renewal Area as
amended from time to time.
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Section 3. Provisions for Division of Taxes Levied on Taxable Property in the 2017
Urban Renewal Area Addition. After the effective date of this ordinance, the taxes levied on the
taxable property in the 2017 Urban Renewal Area Addition each year by and for the benefit of
the State of Iowa, the City, the County and any school district or other taxing district in which
the 2017 Urban Renewal Area Addition is located, shall be divided as follows:
(a) that portion of the taxes which would be produced by the rate at which the tax is
levied each year by or for each of the taxing districts upon the total sum of the assessed value of
the taxable property in the 2017 Urban Renewal Area Addition, as shown on the assessment roll
as of January 1 of the calendar year preceding the first calendar year in which the City certifies to
the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the
special fund referred to in paragraph (b) below, shall be allocated to and when collected be paid
into the fund for the respective taxing district as taxes by or for said taxing district into which all
other property taxes are paid. For the purpose of allocating taxes levied by or for any taxing
district which did not include the territory in the 2017 Urban Renewal Area Addition on the
effective date of this ordinance, but to which the territory has been annexed or otherwise
included after the effective date, the assessment roll applicable to property in the annexed
territory as of January 1 of the calendar year preceding the effective date of the ordinance which
amends the plan for the 2017 Urban Renewal Area Addition to include the annexed area, shall be
used in determining the assessed valuation of the taxable property in the annexed area.
(b) that portion of the taxes each year in excess of such amounts shall be allocated to
and when collected be paid into a special fund of the City to pay the principal of and interest on
loans, moneys advanced to or indebtedness, whether funded, refunded, assumed or otherwise,
including bonds issued under the authority of Section 403.9(1), of the Code of Iowa, incurred by
the City to finance or refinance, in whole or in part, projects in the Urban Renewal Area , and to
provide assistance for low and moderate-income family housing as provided in Section 403.22,
except that taxes for the regular and voter-approved physical plant and equipment levy of a
school district imposed pursuant to Section 298.2 of the Code of Iowa, taxes for the instructional
support program levy of a school district imposed pursuant to Section 257.19 of the Code of
Iowa and taxes for the payment of bonds and interest of each taxing district shall be collected
against all taxable property within the taxing district without limitation by the provisions of this
ordinance. Unless and until the total assessed valuation of the taxable property in the 2017
Urban Renewal Area Addition exceeds the total assessed value of the taxable property in such
area as shown by the assessment roll referred to in subsection (a) of this section, all of the taxes
levied and collected upon the taxable property in the 2017 Urban Renewal Area Addition 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 Addition shall be paid into the funds for
the respective taxing districts in the same manner as taxes on all other property.
(c) the portion of taxes mentioned in subsection (b) of this section and the special
fund into which that portion shall be paid may be irrevocably pledged by the City for the
payment of the principal and interest on loans, advances, bonds issued under the authority of
Section 403.9(1) of the Code of Iowa, or indebtedness incurred by the City to finance or
refinance in whole or in part projects in the Urban Renewal Area.
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(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.
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.
th
Passed by the Council of the City of Tiffin, Iowa, the 18 day of July, 2017.
Mayor
Attest:
City Clerk
There being no further business to come before the meeting, it was upon motion
adjourned.
Mayor
Attest:
City Clerk
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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, the City Clerk of the City of
Tiffin, Iowa, filed in my office a copy of an ordinance of such City shown to have been adopted
_________. An Ordinance Providing for the Division of Taxes Levied on Taxable Property in
the 2017 Addition to the Tiffin Urban Renewal Area, Pursuant to Section 403.19 of the Code of
WITNESS MY HAND this ___ day of ______________________, 2017.
County Auditor
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STATE OF IOWA
COUNTY OF JOHNSON SS:
CITY OF TIFFIN
I, the undersigned, City Clerk of the City of Tiffin, State of Iowa, do hereby certify that I
caused to be -409. An Ordinance Providing for the Division of
Taxes Levied on Taxable Property in the 2017 Addition to the Tiffin Urban Renewal Area,
Pursuant to Section
newspaper specified in such affidavit, and that such newspaper has a general circulation in said
City.
WITNESS MY HAND this ____ day of ______________________, 2017.
City Clerk
as published.)
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STATE OF IOWA
COUNTY OF JOHNSON SS:
CITY OF TIFFIN
I, the undersigned, City Clerk of the City of Tiffin, State of Iowa, do hereby certify that
the attached is a true, correct and complete copy of all the records of the Council of such City
relating to the adoption of an ordina-409. An Ordinance
Providing for the Division of Taxes Levied on Taxable Property in the 2017 Addition to the
Tiffin Urban Renewal Area, Pursuant to Section
WITNESS MY HAND this ____ day of ______________________, 2017.
City Clerk
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July 14, 2017
VIA EMAIL
Doug Boldt
City Administrator/City Hall
Tiffin, IA
Re: Tiffin Urban Renewal Area
Our File No. 436989-17
Dear Doug:
Attached please find two sets of proceedings for use by the City Council at their July 18, 2017
meeting.
designation of the expanded urban renewal area and adopting a resolution to approve the amended urban
renewal plan for that area. The resolution states that the Planning and Zoning Commission has approved
the amended urban renewal plan, and that the required consultation session has been held with Johnson
County and the Clear Creek Amana Community School District. If either of these actions has not been
taken, please call me immediately.
The second set of proceedings covers the adoption of the tax increment ordinance for the
expanded urban renewal area. We have prepared the proceedings on the presumption that the City
Council will waive the statutory requirement that an ordinance be considered at two meetings prior to the
meeting at which it is finally adopted. This waiver requires the affirmative vote of not less than four of
the five City Council members. If the Council does not choose to follow this procedure, we will provide
substitute proceedings covering the separate considerations of the ordinance. This ordinance may be
adopted immediately after the amended urban renewal plan has been approved by resolution.
Once the ordinance has been finally adopted, it must be published and a copy must be filed with
the County Auditor of Johnson County. Please print extra copies of the ordinance for publishing and
filing. Certificates are included in the proceedings to attest to each of those acts.
We will appreciate receiving executed copies of these proceedings as soon as they are available.
Please contact Amy Bjork or me if you have any questions.
Best Regards,
John P. Danos
Attachments
cc: Ashley Jay Platz
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