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HomeMy Public PortalAboutResolutions-2015-046 (2)Tiffin / 436898-12 / Set Date Dev Agmt AA SET DATE FOR HEARING ON DEVELOPMENT AGREEMENT AND TAX INCREMENT PAYMENTS (Big Country Seeds) 436989-12 Tiffin, Iowa April 8, 2015 A meeting of the City Council of the City of Tiffin, Iowa, was held at seven o'clock p.m., on April 8, 2015, at the City Hall Council Chambers, Tiffin, Iowa, pursuant to the rules of the Council. The Mayor presided and the roll was called, showing members present and absent as follows: Present: Joann Kahler, Mike Ryan, Peggy Upton, Jim Bartels, Al Havens Absent: NONE Council Member Ryan introduced the resolution next hereinafter set out and moved its adoption, seconded by Council Member Havens; and after due consideration thereof by the City Council, the Mayor put the question upon the adoption of said resolution, and the roll being called, the following named Council Members voted: Ayes: Joann Kahler, Mike Ryan, Peggy Upton, Jim Bartels, Al Havens Nays: none. Whereupon, the Mayor declared said resolution duly adopted, as follows: -1- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Tiffin / 436898-12 / Set Date Dev Agmt AA RESOLUTION NO. 2015-046 Resolution to fix a date of meeting at which it is proposed to approve a Development Agreement with Big Country Seeds, including annual appropriation tax increment payments in an amount not to exceed $101,636.00 WHEREAS, the City of Tiffin, Iowa (the "City"), pursuant to and in strict compliance with all laws applicable to the City, and in particular the provisions of Chapter 403 of the Code of Iowa, has adopted an Urban Renewal Plan for the Tiffin Urban Renewal Area (the "Urban Renewal Area"); and WHEREAS, this City Council has adopted an ordinance providing for the division of taxes levied on taxable property in the Urban Renewal Area pursuant to Section 403.19 of the Code of Iowa and establishing the fund referred to in Subsection 2 of Section 403.19 of the Code of Iowa, which fund and the portion of taxes referred to in that subsection may be irrevocably pledged by the City for the payment of the principal and interest on indebtedness incurred under the authority of Section 403.9 of the Code of Iowa to finance or refinance in whole or in part projects in the Urban Renewal Area; and WHEREAS, the City proposes to enter into a certain development agreement (the "Development Agreement") with Big Country Seeds (the "Company") in connection with the expansion of the Company's warehousing facilities in the Urban Renewal Area; and WHEREAS, the Development Agreement would provide financial incentives to the Company in the form of annual appropriation incremental property tax payments in an amount not to exceed $101,636.00 under the authority of Section 403.9(1) of the Code of Iowa; and WHEREAS, it is necessary to set a date for a public hearing on the Development Agreement, pursuant to Section 403.9 of the Code of Iowa; NOW THEREFORE, IT IS RESOLVED by the City Council of the City of Tiffin, Iowa, as follows: Section 1. This City Council shall meet on April 22, 2015, at seven o'clock p.m., at the City Hall Council Chambers, in the City, at which time and place proceedings will be instituted and action taken to approve the Development Agreement and to authorize the annual appropriation incremental property tax payments. Section 2. The City Clerk is hereby directed to give notice of the proposed action, the time when and place where said meeting will be held, by publication at least once not less than four days and not more than twenty days before the date of said meeting in a legal newspaper of general circulation in the City. Said notice shall be in substantially the following form: -2- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Tiffin / 436898-12 / Set Date Dev Agmt AA NOTICE OF MEETING FOR APPROVAL OF DEVELOPMENT AGREEMENT WITH BIG COUNTRY SEEDS AND AUTHORIZATION OF ANNUAL APPROPRIATION TAX INCREMENT PAYMENTS The City Council of the City of Tiffin, Iowa, will meet at the Tiffin City Hall Council Chambers, on April 22, 2015, at seven o'clock p.m., at which time and place proceedings will be instituted and action taken to approve a Development Agreement between the City and Big Country Seeds (the "Company"), in connection with the expansion of the Company's warehousing facilities in the Urban Renewal Area, which Agreement provides for certain financial incentives to the Company in the form of annual appropriation incremental property tax payments in a total amount not exceeding $101,636.00 , as authorized by Section 403.9 of the Code of Iowa. The Agreement to make incremental property tax payments to the Company will not be a general obligation of the City, but will be payable solely and only from incremental property tax revenues generated within the Tiffin Urban Renewal Area. Some or all of the payments under the Development Agreement may be made subject to annual appropriation by the City Council. At the meeting, the City Council will receive oral or written objections from any resident or property owner of the City. Thereafter, the Council may, at the meeting or at an adjournment thereof, take additional action to approve the Development Agreement or may abandon the proposal. This notice is given by order of the City Council of Tiffin, Iowa, in accordance with Section 403.9 of the Code of Iowa. Tim Long Interim City Clerk -3- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Tiffin / 436898-12 / Set Date Dev Agmt AA Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. Passed and approved April 8, 2015. Attest: S City Cler Mayor -4- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Tiffin / 436898-12 / Set Date Dev Agmt AA On motion and vote the meeting adjourned. Attest: City Clerk Mayor -5- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Tiffin / 436898-12 / Set Date Dev Agmt AA STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF TIFFIN I, the undersigned, City Clerk of the aforementioned City, hereby certify that the foregoing is a true and correct copy of the minutes of the Council of the City relating to the adoption of a resolution to fix a date of meeting at which it is proposed to take action to approve a Development Agreement. I do further certify that the notice of hearing, to which the printed slip attached to the publisher's original affidavit hereto attached is a true and complete copy, was published on the date and in the newspaper specified in such affidavit, which newspaper has a general circulation in the City. WITNESS MY HAND this Z,3_ day of '2015. City Clerk (Attach here the publisher's original affidavit with clipping of the notice as published.) (PLEASE NOTE: Do not sign and date this certificate until you have checked a copy of the published notice and have verified that it was published on the date indicated in the publisher's affidavit.) -6- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA PUBLISHER'S CERTIFICATE STATE OF IOWA -ss. County of Johnson t I, Jake Krob, being duly sworn, on my oath to do say, that I am publisher of the Leader, a Newspaper issued weekly at Solon in said County of Johnson; that the Notice of which the attached printed copy taken from the printed files of said Newspaper is a copy, was inserted and published in said Newspaper in the issue of and the reasonable fee for publishing said Notice is 1 Publisher Subscribed by the above named Jake Krob in my presence, and by him sworn before me, at Solon, Johnson County, Iowa. Notary Public in and for Linn County, Iowa RICHARD ES1'FLSEN Commission Number 736016 My Commission Exp. ��^� 7