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HomeMy Public PortalAboutOrdinances-2010-304 CITY OF TIFFIN, IOWA ORDINANCE NO. 2010-304 AN ORDINANCE PROVIDING FOR THE DIVISION OF TAXES LEVIED ON TAXABLE PROPERTY IN THE 2010 ADDITION TO THE TIFFIN URBAN RENEWAL AREA, PURSUANT TO SECTION 403.19 OF THE CODE OF IOWA WHEREAS, the City Council of the City of Tiffin, Iowa (the "City") enacted an ordinance entitled "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"; and WHEREAS, pursuant to that ordinance, the Tiffin Urban Renewal Area in the City of Tiffin was designated a "tax increment area"; and WHEREAS, the City Council now desires to increase the size of the "tax increment area" by adding additional property. BE IT ENACTED by 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 2010 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 the 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 entirety of the Tiffin Urban Renewal Area as amended from time to time. "Urban Renewal Area Amendment" shall mean the 2010 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 9th day of June, 2010. Certain real property in the City of Tiffin, County of Johnson, State of Iowa, more particularly described as follows: CRI & P Railroad within the SW1/4SE1/4, Section 27-80-7, west of 1-380; and Lot 5, Bigelow Subdivision (Johnson County Parcel #0627453001). Section 3. Provisions for Division of Taxes Levied on Taxable Property in the Urban Renewal Area Amendment. After the effective date of this ordinance, the taxes levied on the taxable property in the Urban Renewal Area Amendment 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 Amendment 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 Amendment, as shown on the assessment roll as of January 1 of s 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 Amendment 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 Amendment 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, 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 Amendment 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 Amendment 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 Amendment 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. 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 9TH DAY of JUNE 2010, at a regular meeting of the Tiffin, Iowa City Council, Council person Jim Bartels introduced Ordinance No. 2010-304, and moved that it be given its first reading by title only. The motion was seconded by Council person Mike Gericke. Ayes: Jim Bartels, Mike`Gericke, Travis Weipert Nays: None Absent: Chris Ball, Mark Petersen Three Members of the Council being present and having voted "Aye", Mayor Royce Phillips declared the motion carried, and Ordinance No. 2010-304, was read the first time, discussed and placed on record. On the 14th day of July 2010, at a regular City Council meeting of the Tiffin, Iowa City Council, Council person Mike Gericke made a motion to approve the second reading for Ordinance No. 2010-304. The motion was seconded by Council person Jim Bartels. Ayes: Chris Ball, Jim Bartels, Mike Gericke, Mark Petersen, Travis Weipert Nays: None Absent: None • Five Members of the Council being present and having voted "Aye", Mayor Royce Phillips declared the motion carried, of reading Ordinance No. 2010-304, for the second time was approved. On the 14th day of July 2010, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, . Councilperson Jim Bartels introduced Ordinance No.,2010-304, and moved that it be given its third and last reading. The motion was seconded by Councilperson Travis Weipert. Ayes: Chris Ball, Jim Bartels, Mike Gericke, Mark Petersen, Travis Weipert Nays: None Absent: None Five Members of the Council being present and voted "Aye". Mayor Royce Phillips declared the motion carried, and the ordinance was passed and adopted. Whereupon the Mayor declared that Ordinance No. 2010-304 AN ORDINANCE PROVIDING FOR THE DIVISION OF TAXES LEVIED ON TAXABLE PROPERTY IN THE 2010 ADDITION TO THE TIFFIN URBAN RENEWAL AREA, PURSUANT TO SECTION 403.19 OF THE CODE OF IOWA, be adopted and signified his approval of same by fixing his signature thereto. Passed and adopted by the City Council on the 14th day of July 2010. 1 1 City ' ; in, Iowa n By: ,__'.i_ . lJ �'OYC. PHILLI' AYOR ATTES RUTH DEM TH, CITY CLERK d'