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HomeMy Public PortalAboutOrdinances-2012-320 ORDINANCE NO. 2012-320 AN ORDINANCE PROVIDING FOR THE DIVISION OF TAXES LEVIED ON TAXABLE PROPERTY IN THE NOVEMBER 2012 ADDITION TO THE TIFFIN URBAN RENEWAL AREA, PURSUANT TO SECTION 403.19 OF THE CODE OF IOWA f R 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, 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 9 Tiffin was designated a"tax increment district"; and WHEREAS, the City Council now desires to increase the size of the "tax increment district"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 November 2012 Addition to the Tiffin Urban Renewal Area of the City of Tiffin, Iowa, each year b and for the benefit of the state county,Y � � Y Y � city. � Y� 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`rea. Section 2. Definitions. For use within this ordinance the following'terms shall have the following meanings: "City" shall mean the City of Tiffin, Iowa. 4 "County" shall mean Johnson County, Iowa. "November 2012 Urban Renewal Area Addition" shall' mean the November` 2012 Addition to the Tiffin Urban Renewal Area of the City of Tiffin, Iowa, the legal description of which is set out below, approved by the City Council by resolution adopted on the 2811 day of November, 2012: Certain real property situated in the'City of Tiffin, Johnson County, Iowa, more particularly described as follows: - Those lots bearing the following Johnson County Property Tax Identification Parcel Numbers: 628302001,628302002,628403001,628403002,628403004,628403005,628427001, 628427002,628427005,628427006,628427007,628427008,628427009,628427011, 628427012,628427012,628428001,628428002,628429001,628429002,628429003, 628430001,628430002,628430003,628430004,628430005,628430006,628430007, 628430008,628430009,628430010,628431001,628431002,628431003,628431004, 628432003,628432004,628432005,628432006,628433001,628433002,628433003, 628433004,628434001,628434002,628434003,628435002,628435003,628435004, 628436001,628436002,628436003,628436004,628436005,628436006,628437001, 628437002,628437003,628437004,628438001,628438004,-628438005,628438100, 628438101,628451001,628451002,628451003,628452001,'628452002,628453001, 628453002,628454001,628454002,628454003,628455003,628455005,628455006, 628455007,628455008,628455009,628455100,628455101,628456001,628456003, 628456004,628456005,628456006,628456008,628456010,628456011,628456012, 628456013,628457001,628457002,628457003,628457004,628457005,628457006; 628457007,628457008,628457009,628457010,628458001,628458002,628458003, • 628458004,628459001,628459002,628459003,628459004,628460001,628461001, 628462001,628462002,628463001,628463002,628480001,628480002,628481001, 628481002,628481003,628481004,628481005,628485001 ,. "Urban Renewal Area" shall mean the entirety of the Tiffin.Urban Renewal Area, as amended from time-to-time. Section 3. Provisions for Division of Taxes Levied on Taxable Property in the November 2012 Urban Renewal Area Addition. After the effective date of this ordinance, the taxes levied on the taxable property in the November 2012 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 November 2012 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 1y or for each of the taxing districts-upon the total sum of the assessed value of the taxable property in the Novembei 2012 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 November 2012 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 November 2012 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, to the extent authorized in Section 403.19(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 November 2012 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 November.2012 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 November 2012 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. (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. e Section 6. Effective Date: This ordinance shall be effective after its final passage, approval and publication as provided by law. On the 28th day of November 2012, at a regular/special meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Bartels introduced Ordinance No. 2012-320, and moved that it be given'its,first reading. The motion was seconded by Councilperson Kahler. 1 Ayes: Bartels, Kahler, Upton Nays: None Absent: Phillips,Ryan Three members of the Council being present and having voted "Aye",Mayor Steve Berner declared the motion carried, and Ordinance No. 2012-320;was read the first time, discussed, and placed on record. F � N On the 12th day of December 2012, at a regular/special meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Upton introduced Ordinance No. 2012-320, and moved that it be given its second reading. The motion was seconded by Councilperson Ryan. Ayes: Phillips, Upton, Bartels, Kahler, Ryan Nays: None x ; Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2012-320, was read the second time and discussed and placed on record. On the 9th day of January 2013, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Upton introduced Ordinance No. 2012-320, and moved that it be given its third and last reading. The motion was seconded by Councilperson Bartels. Ayes: Phillips, Upton, Bartels, Ryan, Kahler Nays: None Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and the ordinance was passed and adopted. Whereupon the Mayor declared that Ordinance No. 2012-320 be adopted and signified his approval of same by fixing his signature�thereto. Passed by the Council on the 9t day of January 2013 and approved by the Mayor on the 9th day of January 2013. CITY OF TIFFIN, IOWA: By: G ._ - - STEVE BERNER, Mayor MICHON 4A ON, City Administrator/Clerk I, Michon Jackson, Clerk of the City of Tiffin, Iowa, state that an ordinance`entitled AN ORDINANCE PROVIDING FOR THE DIVISION OF TAXES LEVIED ON TAXABLE PROPERTY IN THE NOVEMBER 2012 ADDITION TO THE TIFFIN URBAN RENEWAL AREA, PURSUANT TO SECTION 403.19 OF THE CODE OF IOWA and known as No. 2012 -320 was duly passed by the Council on the 9th day of January 2013, and signed by the Mayor on the 22nd day of January 2013, and published on the 22nd day of January 2013,by posting copies thereof in three public places within the limits of the City of Tiffin, Iowa. That I posted copies of Ordinance No. 2012 -320 in the following places: The Depot, Tiffin, Iowa Casey's, Tiffin, Iowa Solon State Bank, Tiffin, Iowa Michon Jac ', City Administrator lerk