HomeMy Public PortalAboutOrdinances-2005-271 • R •
ORDINANCE NO. 2005-271
AN ORDINACNCE PROVIDING FOR THE DIVISION OF TAXES LEVIED ON
TAXABLE PROPERTY IN THE 2005 ADDITION TO THE TIFFIN URBAN
RENEWAL AREA, PURSUANT TO SECTION 403.19 OF THE CODE OF IOWA.
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WHEREAS, Ordinance No. 1993-180 entitle "An Ordinance Providing for the
Division of Taxes levied on taxable Property In the Tiffin Urban Renewal Area of the City of
Tiffin, Iowa, Pursuant to Section 403.19 of the Code of Iowa: was enacted by the Council of
the City of Tiffm, Iowa an the 13th day of October, 1993; and
WHERAS,pursuant to Ordinance No. 1993-180 the Tiffm Urban Renewal Area in `.
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the City of Tiffm was designated a"tax increment area"; and
WHERAS, the City Council now desires to increase the size of the"tax increment
are"designated by Ordinance 1993-180 by adding additional property;
BE IT ENACTED by the Council of the City of Tiffin, Iowa:
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Section 1. Purpose. The purpose of this ordinance is to provide for the division of
taxes levied on the taxable property in the 2005 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 terns shall have
the following meanings:
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"City" shall mean the City,of Tiffin,Iowa.
"County" shall mean the County of Johnson, Iowa.
"Urban Renewal Area' shall mean the 2005 Addition to the Tiffin Urban Renewal
Area of the City of Tiffin, Iowa, the boundaries of which are set out below, approved by the
City Council by resolution adopted on the 13th day of July, 2005.
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1. State of Iowa-180
All that portion of Interstate 80 and the ramp rights of way obtained and owned by the
State of Iowa that lies within Section 33, Township 80 North,Range 7 West of the 5th -
P.M.,Johnson County,Iowa. Contains approximately 68.7 acres.
1.
2005-271 pg 2
2. Tiffin Industrial Park
The southeast quarter of the southwest quarter of Section 33,Township 80 north,Range 7
west of the 5th P.M. Containing approximately 40 acres.
3. 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 N1/2 SE1/4 that lies northerly and northeasterly of the northerly
right-of-way of Interstate 80. Contains 126.94 acres more or less.
4. The east 100-feet of the Southwest '/ of Section 28,Township 80 north,Range 7 west of
the 5th P.M.
AND
The west 1(50-feet of the Southeast '/ of Section 28, Township 80 north,Range 7 west of
the 5th P.M.
5. Robert's Ferry Road right of way from the south line of the north 1/2 of Section 28,
Township-80 north,Range 7 west of the 5th P.M. in a northerly direction up to the south
property line of Song Bird Estates a.k.a. Songbird Estates Addition to the City of Tiffin.
6. Grace-Baculis (Agricultural Land)
A part of the Northwest % of Section 28, Township 80 North, Range 7 West of the 5t
P.M.,City of Tiffin,Johnson County,Iowa and more particularly described as follows:
Commencing at a found standard concrete monument marking the North '/ comer of said
Section 28; thence S89°32'28"W along the North line of said Northwest 1/4 a distance of
205.50 feet to the centerline of Roberts Ferry Road; thence Southerly 162.85 along a
535.70 foot radius curve concave Westerly whose 162.85 foot chord bears S07°29'20"E; u�
-thence S00°34'10"E along said centerline a distance of 977.24 feet to a point on the
} extension-of the North line of Songbird Estates;thence S89°35'15"W along said North
line a distance of 1142.10 feet; to the Northwest corner of Songbird Estates; thence
N00°45'08"W along a Northerly extension of the West line of Songbird Estates a
distance of 1137.96 feet to a point on the North line of the Northwest % of said Section
28;thence N89°32'28"E a distance of 1126.39 feet to the point of beginning containing
29.88 acres more or less of which approximately 0.85 acres more or less is assumed to be
existing road right of way and being subject to all easements and restrictions of record..,,-
- 7. All of the Jasper Avenue right of way from the north boundary of the Interstate 80-right
of way northerly to the north boundary line of the Iowa Interstate Railroad.
8. 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: •
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2005-271 pg 3
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°51;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°17'51"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°17'51"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°39'41"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.
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 1,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 NO2°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,concave
-2005-271 pg. 4
northwesterly,whose 156.04 foot chord bears N42°50'19"E; Thence NO2°20'19"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°01'32"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 1; Thence S87°39'41 W, along
said northerly line, 74.28 feet to the Northwest Corner 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.
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 the taxable property in the Urban Renewal Area, as shown on the assessment roll 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 wand 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.
(h) 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 issues under the authority of Section 403.9(1), of the Code of Iowa, incurred
by the City to fmance or refinance, in whole'or in part,projects in the.Urban Renewal Area,
except that taxes for the payment of bonds and interest of each taxing district shall be
collected against all taxable property within thetaxing district without limitation by the
provision of this ordinance. Unless and until the total assessed valuation of the taxable
property in the Urban Renewal Area excess 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 -
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upon the taxable property in the Urban Renewal Area shall be paid into the funds for the
respective taxing district 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 of the payment
of the principal and interest on loans, advances,bonds issued under the authority of Section
r t 403.9(l)'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
provision 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.
On the 13th of '-. July, 2005 at a regular meeting of the Tiffin
City Council, Tiffin, Iowa, Councilperson Dils introduced
Ordinance No. 2005-271 , and moved that it be given its first
reading. The motion was seconded by Councilperson Huedepohl
Ayes: Huedepohl, Bartels,' Gericke and Dils. •
Nays:` `None. Absent: Petersen
Four members of the council being present and having voted"Aye',. Mayor Glenn R.
Potter declared the motion carried, and Ordinance No. 2005-271 , was read the first
tune and discussed and placed on record.
-Thereupon, it was moved by Councilperson Gericke and seconded by Council:person
Dils that the laws and rules providing that ordinances be
considered and voted on for passage at two council meeting prior to the meeting at which it is
to be finally passed be suspended and dispensed with and that Ordinance No.2 0 05-2 71-
be placed on its last reading.
Ayes: Bartels, Huedepohl, Dils and GEricke
Nays: . None. Absent; -
Petersen.,Four; members of the council being present and having voted"Aye". Mayor Glenn R.
Potter declared the motion carved, and Ordinance No. 2005-271 , was then placed
on its last reading and was read the last time.
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. , 2 0 0 5-2 7 1 pg 6
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Thereupon, it was moved by Councilperson Ger i c ke and seconded by Councilperson
Huedepohl that Ordinance No. 2 0 0 5-2 7 1 be placed
upon its final passage and adopted. .
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Gericke, Dils, Huedepohl, and Bar.tels.
Ayes:
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None. Absent: Petersen
Nays:
' .
.. Absent: Petersen
. 4. .
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Four members of the council being present and having vdted"AYe"Mayor Glenn R.
"Potter declared the illation carried and the Ordinance No. 2005-271 was passed , •
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and adopted. P
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Whereupon, the mayor of declared that Ordinance No260 5-271 be adopted and signified
his approval of same by fixing his,signature thereto.
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.Passed by the council on the 1 3th of July and approved by the •
mayor on the 1 lfr, day of mil y ' , 2005.
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.72— /"- ',-
Glenn R. Potter, Mayor
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Seal
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I HART-FREDERICK CONSULTANTS, P.C.
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__ y r s 510 E. State Street, Tiffin, Iowa 52340-0560
`;C -' I Ci LV o Tif I Phone: (319) 545-7215 Fax: (319) 545-7220