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Home My Public Portal AboutOrdinances-2010-306 CITY OF TIFFIN, IOWA ORDINANCE NO. 2010-306 AN ORDINANCE TO DECLARE NECESSITY TO ESTABLISH AN URBAN RENEWAL AREA, PUSUANT TO SECTION 403.4 OF THE CODE OF IOWA AND APPROVE AN URBAN RENEWAL PLAN AMENDMENT FOR THE 2010 ADDITION TO THE TIFFIN URBAN RENEWAL AREA WHEREAS, the City Council of the City of Tiffin, Iowa (the "City") enacted an ordinance entitled "A'n Ordinance 2010-304 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 Ordinance 2010-304 adopted.on the 14th day of July, 2010 and now amendment approved by Resolution 2010-55 to expand the "Urban Renewal Area". Certain real property in the City of Tiffin, County of Johnson, State of Iowa, more particularly described as follows: EXHIBIT A LEGAL DESCRIPTION EXPANDED TIFFIN URBAN RENEWAL AREA (OCTOBER 2010 ADDITION) (Johnson County) That part of Ireland Avenue NW, Robert Ferry Road and James Avenue NW as recorded with the Right of Way Acquisition Agreements Book 4255 on pages 888-894 in the office of the Johnson County Recorder. (Johnson County) The Roadway as described with Jason Manufacturing Company as is recorded in Book 9 on page 80 and Right of Way Acquisition for Ireland Avenue SW as is recorded in Book 48 on page 44 both being in the office of the Johnson County recorder. (Johnson County)That part of the State Highway No. 6 (Marengo Road) corridor from the East line of North-South% line of the Southeast 1/4 of Section 29 running West to the West line of the Southeast%of Section 29 all being of Township 80 North, Range 7 West of the 5th P.M, Johnson County, Iowa. (Johnson County)The Westerly part of the Ireland Road corridor from the North line of Section 33, Township 80 North, Range 7 West of the 5th P.M., Johnson County, Iowa, South to the North line of U.S. Interstate No. 80. (City of Tiffin)That part of James Avenue NW as recorded with the Right of Way Acquisition between Tiffin and Leonards Book 4271 on pages 25-31 in the office of the Johnson County Recorder. (City of Tiffin)That part of the Jasper Avenue NW 66 foot wide road corridor lying North of the State Highway No. 6 Right of Way in Section 27 and running North to the Northeast corner of the Southeast %of the Southwest%a of Section 22 all being of Township 80 North, Range 7 West of the 5th P.M., City of Tiffin, Johnson County, Iowa. (City of Tiffin)The North 100 feet of the Chicago, Rock Island and Pacific Railroad Station grounds, as is now vacated, and that part of Railroad Street lying West of Main Street, all as depicted with the Original Plat of the Town of Tiffin as is recorded in Book 1 on page 98 in the,office of the Johnson County Recorder. (City of Tiffin)That part of the State Highway No. 6 (Marengo Road)corridor from the East line of Summerhay's Addition to the Town of Tiffin, Iowa running West through Section 28 and Section 29 all. being of Township 80 North, Range 7 West of the 5th P.M., City of Tiffin, Johnson County, Iowa to the North-South 1/4 line of the Southeast%of said Section 29. Apart of the Southwest Quarter of Section 28, Township 80 North, Range 07 West of the Fifth Principal Meridian and more particularly described as follows: Commencing at the South Quarter Corner of Section 28,Township 80 North, Range 07 West of the Fifth Principal Meridian; thence N00°52'29"W along the East line of the Southwest Quarter of said section 28, a distance of 790.55 feet to a point on the North line of Railroad Street in the City of Tiffin, Iowa, said point being the point of beginning; thence continuing N00°52'29"W along said East line a distance of 996.80 feet to the Southeast corner of Parcel C as recorded in book 34, page 80A in the Office of the Johnson County Recorder; thence N80°02'49"W along the South line of Parcel C and D as recorded in book 34, page 80A in the Office of the Johnson County Recorder, a distance of 101.81 feet; thence S00°52'29"E a distance of 717.72 feet; thence N89°09'54"E a distance of 82.95 feet; thence S11°03'30"E a distance of 10.00 feet; thence S00°10'28"W a distance of 126.62 feet; thence Southwesterly a distance of 246.16 feet along a 373.50 foot radius curve concaved Westerly whose 241.73 foot chord bears S19°03'20'W; thence S00°52'29"E a distance of 98.01 feet to a point on the North right of way line of the Iowa Interstate Railroad; thence N86°49'00"E along said North`line a distance of 67.05 feet to a point on the West line of Ireland Avenue; thence N00°52'29"W along said West line a distance of 160.85 feet to a point on the North line of Railroad Street; thence N89°07'09"E along said North line a distance of 33.00 feet to the point of beginning of this description and containing 2.01 acres, more or less; AND Parcel C and Parcel D as are recorded in Book 34 on page 80A in the office of the Johnson County Recorder. (City of Tiffin)That part of the Northeast %of the Southwest%of Section 28, Township 80 North, Range 7 West of the 5th P.M., City of Tiffin, Iowa beginning 60 feet West of the Center of said Section 28 running East to said Center thence running South along the North-South Y4 line to the North line of State Highway No. 6 (Marengo Road)thence west along said North line 73 feet thence Northerly to beginning point. (City of Tiffin)The Westerly part of the Ireland Road corridor from the North line Iowa Interstate Railroad, South to the South line of of Section 28, Township 80 North, Range 7 West of the 5th P.M., City of Tiffin,Johnson County, Iowa. (City of Tiffin)That part of the Southwest %of Section 28, Township 80 North, Range 7 West of the 5th P.M., City of Tiffin, Iowa. As described by Warranty Deed recorded in Book 303'on page 443 which is represented by Retracement Plat recorded in Book 40 on page 209, described by Warranty Deed recorded in Book 2210 on page 246 which is represented by Plat of Survey(Auditor's Parcel#96063) in Book 37 on page 246 and described by Warranty Deed recorded in Book 3411 on page 1119 which is represented by Plat of Survey (Auditor Parcel 2002077) in Book 44 on page 327 all found in the office of the Johnson County Recorder. EXCEPT that portion thereof as is described as F.)within this document. 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 Y Y Y tY Y 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'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 w hich 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 amount's 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'lowa, 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 8th day of December 2010, at a regular meeting of the Tiffin, Iowa City Council, Council person Mark Petersen introduced Ordinance No. 2010-306, and moved that it be given its first reading by title only. The motion was seconded by Council person Travis Weipert. Ayes: Chris Ball,Jim Bartels, Mark Petersen,Travis Weipert Nays:None Absent: Mike Gericke Whereupon four Members of the Council being present and having voted "Aye", Mayor Royce Phillips declared the motion carried, and Ordinance No. 2010-306, was read the first time, discussed and placed on record. On the 12th day of January 2011, 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. 2010-306. The motion was seconded by Council person Travis Weipert. Ayes: Chris Ball,Jim Bartels, Mike Gericke, Mark Petersen,Travis Weipeit Nays: None Absent: None Whereupon Five Members of the Council being present and having voted "Aye", Mayor Royce Phillips declared the motion carried and approved, for the second reading of Ordinance No. 2010-306. On the 12th day of January 2011, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Travis Weipert introduced Ordinance No. 2010-306, and moved that it be given its third and last reading. The motion was seconded by Councilperson Mike Gericke. Ayes: Chris Ball,Jim Bartels, Mike Gericke, Mark Petersen,Travis Weipert. Nays: None Absent: None Whereupon Five Members of the Council being present and voted "Aye", Mayor declared that Ordinance No. 2010- 306 AN ORDINANCE TO DECLARE NECESSITY TO ESTABLISH AN URBAN RENEWAL AREA, PUSUANT TO SECTION 403.4 OF THE CODE OF IOWA AND APPROVE AN URBAN RENEWAL PLAN AMENDMENT FOR THE 2010 ADDITION TO THE TIFFIN URBAN RENEWAL AREA be adopted and signified his approval of same by fixing his signature thereto. • Passed and adopted by the City Council on the 12th day of January, 2011. 1,0of Tiffin;'I R - ' Y _RO ..11;cr5, MAYO. ATTES RUTH DEMUT , CITY ERK