City of Moville — Ordinance No. 2018-36

City of Moville
ORDINANCE NO. 2018-38

AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON CERTAIN PROPERTY LOCATED WITHIN THE FRONTAGE ROAD URBAN RENEWAL AREA, IN THE CITY OF MOVILLE, COUNTY OF WOODBURY, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF MOVILLE, COUNTY OF WOODBURY, WOODBURY CENTRAL COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY THE CITY IN CONNECTION WITH THE FRONTAGE ROAD URBAN RENEWAL AREA (2018 ORDINANCE PARCEL)

WHEREAS, the City Council of the City of Moville, State of Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. 2018-48 passed and approved on the 7th day of November, 2018, adopted an Urban Renewal Plan (the “Urban Renewal Plan”) for an urban renewal area known as the Frontage Road Urban Renewal Area (the “Urban Renewal Area”), which Urban Renewal Area includes the lots and parcels located within the area legally described as follows (“2018 Ordinance Parcel”):

1)  Lot 7, except the North 20 feet thereof in Corey’s Addition to Moville, Iowa, in the County of Woodbury and State of Iowa.

2)  Lots Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16) and Seventeen (17) in Block Two (2), Lucas Second Subdivision to the City of Moville, in the County of Woodbury and State of Iowa.

3)  That part of Lots Nineteen (19) and Twenty (20) of Auditor’s Subdivision of part of the South Half (S1/2) of the Northwest Quarter (NW1/4) of Section Thirty-two (32), Township Eighty-nine (89) North, Range Forty-four (44) West of the Fifth Principal Meridian, in the County of Woodbury and State of Iowa, according to the plat recorded in Plat Book 18 on Page 3 thereof, described as follows:

Commencing at the Southwest (SW) Corner of Lot Nineteen (19) of the Auditor’s Subdivision part of the South Half (S1/2) of the Northwest Quarter (NW1/4) of Section Thirty-two (32), Township Eighty-nine (89) North, Range Forty-four (44) West; thence North along the East line of Fourth Street Sixty-six and Five Tenths Feet (66.5’); thence East parallel to present U.S. Highway No. 20, One Hundred Twenty-five Feet (125’); thence South parallel to the East line of Fourth Street Sixty-six and Five Tenths Feet (66.5’); thence West along the North right-of-way line of present U.S. Highway No. 20, One Hundred Twenty-five Feet (125’) to point of beginning, subject to right of easement of ingress and egress by foot or vehicle on or over the West Twenty Feet (W 20’), the North Twelve Feet (N 12’), and the East Twenty Feet (E 20’) of the property herein specifically described.

WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of Moville, State of Iowa, in the future to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan; and

WHEREAS, the City Council of the City of Moville, State of Iowa, desires to provide for the division of revenue from taxation on 2018 Ordinance Parcel of the Urban Renewal Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended. [Note: 2018 Ordinance Parcel is the only portion of the Urban Renewal Area that will be included in this TIF Ordinance.  If other parcels in the Area develop (increase in value) in the future, the City may adopt a separate TIF ordinance(s) on other parcels/areas within the Urban Renewal Area.  Therefore, the various TIF ordinances in this Urban Renewal Area will have different frozen bases and different expiration dates.]

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOVILLE, STATE OF IOWA:
Section 1. That the taxes levied on the taxable property in the 2018 Ordinance Parcel of the Urban Renewal Area legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Moville, County of Woodbury, Woodbury Central Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided.

Section 2. 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 2018 Ordinance Parcel of 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 of Moville, State of Iowa, certifies to the Auditor of Woodbury County, Iowa the amount of loans, advances, indebtedness, or bonds payable from the division of property tax revenue described herein, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid.

Section 3. That portion of the taxes each year in excess of the base period taxes determined as provided in Section 2 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Moville, State of Iowa, hereby established, to pay the principal of and interest on loans, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Moville, State of Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Area pursuant to the Urban Renewal Plan, except that (i) taxes for the regular and voter-approved physical plant and equipment levy of a school district imposed pursuant to Iowa Code Section 298.2 and taxes for the instructional support program of a school district imposed pursuant to Iowa Code Section 257.19 (but in each case only to the extent required under Iowa Code Section 403.19(2)); (ii) taxes for the payment of bonds and interest of each taxing district; (iii) taxes imposed under Iowa Code Section 346.27(22) related to joint county-city buildings; and (iv) any other exceptions under Iowa Code Section 403.19 shall be collected against all taxable property within the 2018 Ordinance Parcel of the Urban Renewal Area without any limitation as hereinabove provided.

Section 4. Unless or until the total assessed valuation of the taxable property in the 2018 Ordinance Parcel of the Urban Renewal Area exceeds the total assessed value of the taxable property in the 2018 Ordinance Parcel of the Urban Renewal Area as shown by the assessment roll referred to in Section 2 of this Ordinance, all of the taxes levied and collected upon the taxable property in the 2018 Ordinance Parcel of the Urban Renewal Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as all other property taxes.

Section 5. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Moville, State of Iowa, referred to in Section 3 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the 2018 Ordinance Parcel of 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.

Section 6. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.  The provisions of this Ordinance are intended and shall be construed so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the 2018 Ordinance Parcel of the Urban Renewal Area as described above.  In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the 2018 Ordinance Parcel of the Urban Renewal Area and the territory contained therein.

Section 7. This Ordinance shall be in effect after its final passage, approval and publication as provided by law.
PASSED AND APPROVED this 7th day of November, 2018.

/s/ James Fisher
Mayor

ATTEST:
/s/ Jodi Peterson
City Clerk

Read First Time: November 7, 2018
Read Second Time: waived
Read Third Time: waived

PASSED AND APPROVED: November 7, 2018.

Published in The Record
Thursday, November 15, 2018

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