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HomeMy WebLinkAbout~Master - Fourth Tax Increment Financing District - Barilla N. a ORDINANCE NO. 4320 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES,IOWA,BY ENACTING A NEW SECTION 24.17 THEREOF,FOR THE PURPOSE OF A FOURTH TAX INCREMENT FINANCING DISTRICT; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED,by the City Council for the City of Ames,Iowa,that: Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by enacting a new Section 24.17 as follows: "See. 24.17. FOURTH TAX INCREMENT FINANCING DISTRICT. (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. (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 5`h 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 5`h P.M.,Story County,Iowa,Four Hundred Seventy-seven(477)Feet East of the South Quarter(S'/4)Corner of said Section Six(6);thence North 2°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. (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 tq and when collected be paid into the fund for the 1 respect vet ling 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 1 of the calendar year preceding the effective date of the ordinance which amends the plan for the Urban Renewal Area 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 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 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. (4) Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. (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 Two. All ordinances,or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 8`h day of August, 2017. Diane R. Voss, City Clerk Ann H. Campbell, Mayor A { Ames419370-59\Bari11aUR Hrl-Ord STATE OF IOWA COUNTY OF STORY SS: CITY OF AMES I, the undersigned, City Clerk of the City of Ames do hereby certify that an ordinance of the City shown to have been adopted by the Council ,a}id approved by the Mayor thereof on S _�, 2017, entitled: "Ordinance No. 't An Ordinance Providing for the Divisi of Taxes Levied on Taxable Property in the Barilla Urban Renewal Area, Pursuant to Section 403.19 of the Code of Iowa," of which the printed slip attached to the publisher's 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 A0�day of (,(Sfi 2017. City Clerk (Attach here publisher's affidavit of publication of the ordinance.) -12- DORSEY & WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA