City of Moville — Ordinance 2020-8 (Phase II The Ridge Urban Renewal Plan)

City of Moville
ORDINANCE NO. 2020-8

AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE MOVILLE PHASE II RIDGE HOUSING 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 MOVILLE PHASE II RIDGE HOUSING URBAN RENEWAL AREA (THE MOVILLE PHASE II RIDGE HOUSING URBAN RENEWAL PLAN)

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. 2020-32 passed and approved on the 15th day of July, 2020, adopted the Moville Phase II Ridge Housing Urban Renewal Plan (the “Urban Renewal Plan”) for an urban renewal area known as the Moville Phase II Ridge Housing Urban Renewal Area (the “Urban Renewal Area”), which Urban Renewal Area includes the lots and parcels located within the area legally described as follows:

All that part of the E½ NW¼ of Section 29, T89N, R44W of the 5th P.M., Woodbury County, Iowa being more particularly described as follows:

Commencing at the SE corner of the NW¼ of said Section 29;  thence westerly along the southerly line of said quarter on an assumed bearing of S90°00’00”W (with all subsequent bearings referenced therefrom) for a distance of 705.00 feet to the Point of Beginning; thence continuing S90°00’00”W along said line for a distance of 586.64 feet to a point 33.0 feet east of the SW corner of the E½ NW¼;  thence N00°55’12”W along a line parallel with and 33.0 feet equal-distance to the westerly line of the E½ NW¼ for a distance of 660.88 feet to a point on the southeasterly right-of-way line of Iowa State Highway No. 140;  thence N31°02’27”E along said right-of-way line for a distance of 255.67 feet;  thence S89°54’06”E for a distance of 419.48 feet;  thence N01°43’44”E for a distance of 143.94 feet; thence S77°29’33”E for a distance of 120.10 feet to the northwesterly corner of Lot 11 of The Ridge, First Addition; the following 9 described courses are along the previously platted westerly boundary line of The Ridge, First Addition;  thence S17°58’18”E for a distance of 200.61 feet; thence S09°22’35”W for a distance of 72.01 feet; thence S58°21’35”W for a distance of 113.50 feet; thence southwesterly along a curve to the right, concave northwesterly, having a radius of 260.00 feet, curve length of 7.44 feet and a central angle of 01°38’25” along the chord of said curve on a bearing of S59°10’48”W for a chord distance of 7.44 feet; thence S00°00’43”E for a distance of 360.40 feet; thence S44°52’07”E for a distance of 82.39 feet; thence S00°00’00”W for a distance of 125.75 feet; thence S88°34’06”W for a distance of 81.03 feet; thence S00°00’00”W for a distance of 125.21 feet to a point on the southerly line of the NW1/4 and the Point of Beginning.

Said described parcel contains 13.09 acres.

Said parcel being subject to all easements of record.

The foregoing described property shall also be known as the Ridge, Second Addition to the City of Moville.  AND

The Moville Phase II Ridge Housing Urban Renewal Area also includes the full right-of-way of all adjacent streets bordering the Area, including Clearview Street and Highway 140, the full right-of-way from the intersection of Highway 140 and Clearview Street to the intersection of Highway 140 and North 2nd Street, the full right-of-way from the intersection of Highway 140 and North 2nd Street to a point 450 feet south of said intersection along North 2nd Street.

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 in the Urban Renewal Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended.

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 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 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 Urban Renewal Area without any limitation as hereinabove provided.

Section 4. Unless or until the total assessed valuation of the taxable property in the Urban Renewal Area exceeds the total assessed value of the taxable property in 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 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 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 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 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.

First Reading: July 15, 2020
Second Reading: Waived
Third Reading: Waived

PASSED AND APPROVED this 15th day of July, 2020.

/s/ Jim Fisher, Mayor

ATTEST:
/s/ Jodi Peterson, City Clerk

Published in The Record
Thursday, August 6, 2020