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Home My WebLink AboutA020 - Letter to Story County Auditor dated August 24, 2017 CITE' OF Ames Smart Choice August 24, 2017 Ms. Lucy Martin Story County Auditor 900 Sixth Street Nevada, Iowa 50201 RE: Barilla Urban Renewal Area Dear Lucy: Enclosed please find a certified copy of Ordinance No. 4320, which was adopted by the Ames City Council on August 8, 2017, providing for the division of taxes levied on taxable property in the Barilla Urban Renewal Area. Please sign the Certificate verifying the filing of same and return in the enclosed self-addressed, stamped envelope. If you have any questions, please call me. Thank you for your assistance! Sincerely, Diane Voss City Clerk /dry Enclosures City Clerk's Office 515.239.5105 main 515 Clark Ave.,P.O.Box 811 515.239.5142 fax Ames,IA 50010 www.CityofAmes.org t Ames419370-59\13arillaUR HreOrd ORDINANCE NO. 4320 An Ordinance Providing for the Division of Taxes Levied on Taxable Property in the Barilla Urban Renewal Area, Pursuant to Section 40').19 of the Code of Iowa BE IT ENACTED by the Council of the City of Ames, Iowa: Section 1. Purpose. The purpose of this ordinance is to provide for the division of taxes levied on the taxable property in the Barilla Urban Renewal Area, 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 Ames to finance projects in such area. Section 2. Definitions. For use within this ordinance the following terms shall have the following meanings: "City" shall mean the City of Ames, Iowa. "County" shall mean Story County, Iowa. "Urban Renewal Area" shall mean the Barilla Urban Renewal Area, which includes the property identified below, such Area having been identified in the Urban Renewal Plan approved by the City Council by resolution adopted on July 11, 2017: 3311 East Lincoln Way (10-06-400-010) Parcel "B" being a part of the Southeast Quarter (SE '/4) and East Half (E '/2) of the Southwest Quarter (SW '/4), Section Six (6), Township Eighty-three (83) North, Range Twenty-three (23) West of the 5th P.M., City of Ames, Story County, Iowa as described in a Plat of Survey filed in the office of the Recorder of Story County, Iowa, on July 22, 1997, in Certificate & Field Notes Book 15, Page 18. And 3303 East Lincoln Way (10-06-450-020) Beginning at a point on the South Line of the Southeast Quarter (SE '/4) of Section Six (6), Township Eighty-three (83) North, Range Twenty-three (23) West of the 5th P.M., Story County, Iowa, Four Hundred Seventy-seven (477) Feet East of the South Quarter (S 1/4) Corner of said Section Six (6); thence North 20 03' East Four Hundred Fifty Five (455) Feet; thence East Three Hundred Sixty-eight (368) Feet; thence South 2° 03' West Four Hundred Fifty-five (455) Feet; thence West along the Section line Three Hundred Sixty-eight (368) Feet to the Point of Beginning, now in the City of Ames, Iowa, subject to easements to the State of Iowa recorded in Book 98, Page 123 and Book 88, Page 295. DORSEY & WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Anies419370-59\BarillaUR Hr-Ord Section 3. Provisions for Division of Taxes Levied on Taxable Property in the Urban Renewal Area. After the effective date of this ordinance, the taxes levied on the taxable property in the Urban Renewal Area 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 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, 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 fiend 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 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 I of the calendar year preceding the effective date of the ordinance which amends the plan for the Urban Renewal Area to include the arulexed 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 of the Code of Iowa, 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, to the extent authorized in Section 403.19 (2) of the Code of Iowa, taxes for the instructional support program levy of a school district, imposed pursuant to Section 257.19 of the Code of Iowa, to the extent authorized in Section 403.19(2) of the Code of Iowa, taxes for the payment of bonds and interest of each taxing district, and taxes imposed under Section 346.27(22) of the Code of Iowa, related to joint county-city buildings, 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 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 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 shall be paid -4- DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES, IOWA Ames4 1 93 70-59\BarillaUR Hr-Ord 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. Passed and approved by the Council of the City of Ames, Iowa, on August g 2017. Mayor Attest: City Clerk -5- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA I� CITY OF Ames" Smart Choice August 9, 2017 STATE OF IOWA COUNTY OF STORY CITY OF AMES I,Diane R. Voss, being the duly appointed City Clerk of the City of Ames, Iowa, do hereby certify that the above and foregoing Ordinance No. 4320 is a true and accurate copy of the said Ordinance and that the said Ordinance was passed and adopted by the City Council of the City of Ames,Iowa, at a duly called meeting thereof on the 8th day of August, 2017. Diane R. Voss, City Clerk (SEAL) City Clerk's Office 515.239.5105 main 515 Clark Ave.,P.O.Box 811 515.239.5142 fox Ames,IA 50010 www.CityofAmes.org _iT" Or AVOW Ames Smart Choice August 31, 2017 Dorsey & Whitney LLP 801 Grand, Suite 4100 Des Moines, Iowa 50309 Attention Robert E. Josten RE: Ames, Iowa Barilla Urban Renewal Area Your File No.: 419370-59 Dear Bob: Enclosed please find the following: 1. Story County Auditor's Affidavit of Filing Ordinance No. 4320 providing for the division of taxes...in the Barilla Urban Renewal Area. Thank you for your assistance. Sincerely, Diane R. Voss City Clerk /dry Enclosure City Clerk's Office 515.239.5105 main 515 Clark Ave.,P.O.Box 811 515.239.5142 fax Ames,IA 50010 www.CityofAmes.org Ames419370-59\Bari11a1JR HrgOrd STATE OF IOWA SS: COUNTY OF STORY I, the undersigned, County Auditor of Story County, in the State of Iowa, do hereby certify that on the .,K day of AL1�'f , 2017, the City Clerk of the City of Ames, Iowa, filed in my office a copy of an ordinance of the City shown to have been adopted by the Council and approved by the Mayor thereof on Angust R 2017, entitled: "`Ordinance No. 4320 . An Ordinance Providing for the Division of Taxes Levied on Taxable Property in the Barilla Urban Renewal Area, Pursuant to Section 403.19 of the Code of Iowa," and that I have duly placed a copy of the ordinance on file in my records. WITNESS MY HAND this 2C-day of , 2017. County Au4itNr �1 -11- DORSEY & WHITNEY LLP, ATTORNEYS,DES MOINES,IOWA