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HomeMy WebLinkAboutA032 - Letter to Story County Auditor dated November 19, 2018 Nt- 4 Ci?Y OF Ame s, Smart Choice November 19, 2018 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 Resolution No. 18-620, which was adopted by the Ames City Council on November 13, 2018, approving the Development Agreement and Minimum Assessment Agreement with Barilla America, Inc. 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 Ames419370-59/1)6.Agmt Barilla Hold Hrg- RESOLUTION 18-620 Approving Development Agreement and Minimum Assessment Agreement with Barilla America, Inc., Authorizing Economic Development Payments and Pledging Certain Tax Increment Revenues to the Payment of the Agreement WHEREAS, the City of Ames, 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 Barilla Urban Renewal Area (the "Urban Renewal Area"); and WHEREAS, this 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 (the "Urban Renewal Tax Revenue Fund"), 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, a development agreement and minimum assessment agreement between the City and Barilla America, Inc. (the "Developer") have been prepared (the "Agreements"), pursuant to which the Developer would construct a facility for food production and warehousing in the Urban Renewal Area (the "Barilla Project") and the City would provide economic development payments in a total amount not exceeding $3,000,000; and WHEREAS, this City Council, pursuant to Section 403.9 of the Code of Iowa, has published notice, has held a public hearing on the Agreements, and has otherwise complied with statutory requirements for the approval of the Agreements; and WHEREAS, Chapter 15A of the Code of Iowa ("Chapter 15A") declares that economic development is a public purpose for which a City may provide grants, loans, tax incentives, guarantees and other financial assistance to or for the benefit of private persons; and WHEREAS, Chapter 15A requires that before public funds are used for grants, loans, tax incentives or other financial assistance, a City Council must determine that a public purpose will reasonably be accomplished by the spending or use of those funds; and WHEREAS, Chapter 15A requires that in determining whether funds should be spent, a City Council must consider any or all of a series of factors; NOW, THEREFORE, It Is Resolved by the City Council of the City of Ames, Iowa, as follows: Section 1. Pursuant to the factors listed in Chapter 15A, the Council hereby finds that: -3- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA mes41937C-59/1)A ev.Agmt Barilla Hold Hrg- a The Barilla Project will add diversity and generate new opportunities for ( ) J Y g pp the Ames and Iowa economies; (b) The Barilla Project will generate public gains and benefits, particularly in the creation of new jobs and opportunities for commercial activity, which are warranted in comparison to the amount of the proposed property tax incentives. Section 2. The Council further finds that a public purpose will reasonably be accomplished by entering into the Agreements and providing the economic development payments to the Developer. Section 3. The Agreements are hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute and deliver the Agreements on behalf of the City, in substantially the form and content in which the Agreements have been presented to this City Council, and such officers are also authorized to make such changes, modifications, additions or deletions as they, with the advice of the city attorney and bond counsel, may believe to be necessary, and to take such actions as may be necessary to carry out the provisions of the Agreements. Section 4. As provided and required by Chapter 403 of the Code of Iowa, the City's obligations under the Agreements shall be payable solely from the Urban Renewal Tax Revenue Fund for the Barilla Urban Renewal Area that is established in this Resolution. Section 5. The City hereby pledges to the payment of the Agreements the Urban Renewal Tax Revenue Fund and the taxes referred to in Subsection 2 of Section 403.19 of the Code of Iowa to be paid into such Fund. Section 6. After its adoption, a copy of this resolution shall be filed in the office of the County Auditor of Story County to evidence the continuing pledging of the Urban Renewal Tax Revenue Fund, and, pursuant to the direction of Section 403.19 of the Code of Iowa, the Auditor shall allocate the taxes in accordance therewith and in accordance with the tax allocation ordinance referred to in the preamble hereof. Section 7. All resolutions or parts thereof in conflict herewith are hereby repealed. -4- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames419370-59/Dee:Agmt Barilla Hold Hrg- Passed and approved this 13" day of November, 2018. Mayor Attest: City Clerk -5- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA A 9t CITY OF Ames.. Smart Choice November 19, 2018 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 Resolution No. 18-620 is a true and accurate copy of the said Resolution, and that the said Resolution was passed and adopted by the City Council of the City of Ames, Iowa, at a duly called meeting thereof on the 13th day of November, 2018.. Diane R. Voss, City Clerk (SEAL) Ames419370-59/13ev.Agmt Barilla Hold Hrg- 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 day of November, 2018, the City Clerk of the City of Ames filed in my office a certified copy of a resolution of the City shown to have been adopted by the Council and approved by the Mayor thereof on November 13, 2018, entitled: "Resolution Approving Development Agreement and Minimum Assessment Agreement with Barilla America, Inc., Authorizing Economic Development Payments and Pledging Certain Tax Increment Revenues to the Payment of the Agreement", and that I have duly placed the copy of the resolution on file in my records. WITNESS MY HAND this day of November, 2018. County Auditor -8- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES, IOWA