City of Moville — Ordinance No. 2022-3 (West Hill Addition)

City of Moville
ORDINANCE NO. 2022-3
AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE WEST HILL ADDITION 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 WEST HILL ADDITION HOUSING URBAN RENEWAL AREA (THE WEST HILL ADDITION 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. 2022-34 passed and approved on the 15th day of June, 2022, adopted the West Hill Addition Housing Urban Renewal Plan (the “Urban Renewal Plan”) for an urban renewal area known as the West Hill Addition 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:

That portion of Outlot 1 of the Northeast Quarter of the Southwest Quarter (NE1/4-SW1/4) of Section 29, Township 89 North, Range 44 West of the 5th P.M., City of Moville, Woodbury County, Iowa, described as follows:

Beginning at the northeast corner of Bleil’s Third Subdivision to said City Moville; thence South 00°20’23” West along the west line of said Subdivision for a distance of 1162.47 feet; thence North 86°28’45” West for a distance of 364.53 feet to the west line of said NE1/4-SW1/4; thence North 00°37’11” West along said west for a distance of 1147.61 feet to the south right-of-way line of Clearview Street; thence South 88°52’51” East along said right-of-way line for a distance of 383.22 feet to the Point of Beginning, containing 9.902 acres more or less. Subject to easements, if any, of record or apparent.

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 West Hill Addition Housing Urban Renewal Area also includes the full right-of-way of all adjacent streets bordering the Area, including Clearview 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: June 15, 2022
Second Reading: Waived
Third Reading: Waived
PASSED AND APPROVED this 15th day of June, 2022.

/s/ Jim Fisher
Mayor

ATTEST:
/s/ Jodi Peterson, City Clerk

Published in The Record
Thursday, June 30, 2022