Anthon City Council — Ordinance 214 (Urban Revitalization Plan)

Anthon City Council
ORDINANCE NO. 214
AN ORDINANCE ADOPTING THE CITY OF ANTHON’S
URBAN REVITALIZATION AREA PLAN, AS AMENDED

BE IT ENACTED by the City Council of the City of Anthon, Iowa:

SECTION 1.   There is hereby designated an urban revitalization area to be known as the “Anthon Commercial Urban Revitalization Area.”  The official plan documents of the “Anthon Commercial Urban Revitalization Area Plan” are on file in the office of the City Clerk and are hereby adopted by reference.  The tax exemption program provided for by the Anthon Commercial Urban Revitalization Area Plan is hereby approved and adopted.

SECTION 2.  Project Description:  This plan, and the tax exemption allowed under it, is applicable to all commercial real property located in the project area.  The benefits of this plan apply to revitalization in the form of all new commercial or industrial construction, additions to existing commercial or industrial buildings, and the rehabilitation of existing commercial or industrial buildings.  The benefits of the plan apply to economic development of property assessed as commercial, multi-residential, agricultural, or industrial property within the designated area. The City finds that these changes are in the best interest of the City insofar as they will provide Anthon with a long-term increase or stabilization in its tax base by encouraging rehabilitation or new construction which might not otherwise have occurred.

SECTION 3.  Boundary of Project Area:  Project Area shall be the commercially zoned areas of the Anthon corporate limits as described in plan documents maintained in the office of the City Clerk.

SECTION 4.  Duration of Plan Controls:  The regulations and controls established herein shall be maintained and continued in effect until repealed by the City Council of the City of Anthon.

SECTION 5.  Termination of Revitalization Activities:  When, in the opinion of the City Council of the City of Anthon, the desired level of revitalization has been attained or economic conditions are such that the continuation of the exemption granted by the Revitalization Act would cease to be of benefit to the City, the City Council may repeal the ordinance establishing this revitalization area and approving this plan.  In that event, all existing exemptions shall continue until their expiration.

SECTION 6.  Procedure for Changes in Approved Plan:  Adjustments or modifications resulting from experience during project execution are authorized in the administration of this project, provided that the intent of this approved plan is not changed.  Any modification or adjustment is subject to the same requirements and procedures by which this plan was originally approved and as set forth in Iowa Code Chapter 404.

SECTION 7.  Tax Exemption Program:
a. Qualified real estate shall be limited to that assessed as commercial, multi-residential, agricultural but intended for commercial development, or industrial property within the designated area.  All properties within the project area that are considered “C” zoning by the County Assessor’s office.

b. A person may submit a proposal for a revitalization area improvement project to the City Council in order to receive prior approval for eligibility for a tax exemption on the project.  The City Council shall, by resolution give its prior approval for an improvement project if the project is in conformance with this plan for revitalization.  This prior approval does not entitle the property owner to exemption from taxation until the improvements have been completed and found to be qualified real estate.

c. An application shall be filed for each new exemption claimed.  The first application for an exemption shall be filed by the property owner with the City Council no later than the year in which all improvements included in the project are first assessed for taxation.

d. The City Council shall approve the application, subject to review by the County Assessor, if the project is in conformance with this plan for revitalization, is located within this revitalization area, and if the improvements were completed during the time this area was designated as a revitalization area.  Applications for exemption for succeeding years on approved projects are not required.

e. The County Assessor shall review each first-year application by making a physical review of the property to determine if the improvements made increase the actual value of the qualified real estate by at least the minimum percentage required.  If the tax exemption is granted, the County Assessor shall continue to grant the tax exemption for the time period specified in the tax exemption schedule.  The tax exemption for the succeeding years shall be granted without the taxpayer being required to file an application for any succeeding years.

SECTION 8:  Tax Exemption Schedule:  All qualified real estate is eligible to receive a partial exemption from taxation on the actual value added by the improvements.    The exemption is for a period of five (5) years.  The amount of the partial exemption is equal to a percent of the actual value added by the improvements, determined as follows:
1) For the first year, one-hundred percent;
2) For the second year, eighty percent;
3) For the third year, sixty percent;
4) For the fourth year, forty percent;
5) For the fifth year, twenty percent;

SECTION 9:  Other Provisions The Anthon Commercial Urban Revitalization Area Plan as filed with the City Clerk is adopted in full, including all provisions not specifically referenced herein.

SECTION 10.  REPEALER.  All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

SECTION 11.  SEVERABILITY 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 12.  WHEN EFFECTIVE.  This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law.

Passed by the Council the 11th day of January, 2021, and approved this 11th day of January, 2021.

______________________
Tammy Reimer, Mayor

ATTEST: ________________
Jenifer D. Umbach, City Clerk

First Reading:  January 11, 2021
Second Reading: Waived
Third Reading:  Waived

I certify that the foregoing was published as Ordinance No. 214 on the 21st day of January, 2021.
________________________
Jenifer D. Umbach, City Clerk

Published in The Record
Thursday, January 21, 2021