HomeMy WebLinkAboutA041 - Legal Opinion dated December 19, 2000 - -6 o A)-Lpu dam
City Attorney's Office
515 Clark Avenue,P. O.Box 811
Caring People Ames,IA 50010
Quality Programs Phone: 515-239-5146 • Fax: 515-239-5142
Fx eplional service
December 19, 2000
The Honorable Ted Tedesco, Mayor,
and Members of the City Council
of the City of Ames, Iowa
Re: Somerset Urban Revitalization
Dear Mayor Tedesco and Council Members:
The City Clerk informed me this afternoon that a citizen, after reading my letter to you of
December 8, 2000, intends to appear at Council to argue that Somerset cannot be designated an
urban renewal area without the planning commission recommendation,notice and hearing provided
for in Section 403.5, Code of Iowa, a part of the urban renewal statute. I do not agree. The
provisions of Section 403.5,Code of Iowa,pertain to approval of an"urban renewal plan". The City
would not adopt an "urban renewal plan" for Somerset. The City only declares it to be an"urban
renewal area" i.e., an "economic development area" that is "appropriate for an urban renewal
project". The City does not have to adopt an"urban renewal plan". These terms are defined in the
Code of Iowa as follows: "economic development area"at Sec. 403.17(9); "urban renewal area"at
403.17(22); "urban renewal plan" at 403.17(23) and"urban renewal project" at 403.17(24).
If you refer back to the second page of my letter dated December 8,2000,you can note that the only
reason Somerset is designated as an"urban renewal area"is to be able to adopt a"different schedule"
of tax exemption for Somerset that is not the same as the "different schedule"previously adopted
for the other urban revitalization areas of the City. See Section 404.3(6), Code of Iowa.
Yours truly,
John R. Klaus
City Attorney
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