Amending Ordinance 14-17-A for the Derby Grange Road Housing Urban Renewal Plan, Version 2022.1City of Dubuque
City Council Meeting
Action Items # 05.
Copyrighted
November 7, 2022
ITEM TITLE: Amending Ordinance 14-17-A for the Derby Grange Road Housing
Urban Renewal Plan, Version 2022.1
SUMMARY: City Manager recommending City Council adopt the Ordinance
amending Ordinance 14-17-A to remove property from the division of
revenues within the Derby Grange Urban Renewal Area.
ORDINANCE Amending Ordinance No. 14-17-A providing that general
property taxes levied and collected each year on all property located
within the Derby Grange Road Housing Urban Renewal Area, in the City
of Dubuque, County Of Dubuque, State of Iowa, by and for the benefit of
the State of Iowa, City of Dubuque, County of Dubuque, Dubuque
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
said city in connection with said Derby Grange Road Housing Urban
Renewal Area by revising the boundaries of the Derby Grange Road
Housing Urban Renewal Area as described herein
SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion
DISPOSITION:
ATTACHMENTS:
Description Type
Derby Grange Housing URA District Version 2022.1 - City Manager Memo
Ordinance Adoption-MVM Memo
Staff Memo
Ordinance
Staff Memo
Ordinance
THE CITY OF
Dubuque
DUB TEE1.
All -America City
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Amending Ordinance 14-17-A for the Derby Grange Road Housing Urban
Renewal Plan, Version 2022.1
DATE: November 2, 2022
Economic Development Director Jill Connors is recommending City Council adopt the
Ordinance amending Ordinance 14-17-A to remove property from the division of
revenues within the Derby Grange Urban Renewal Area.
The proposed removal of property from the Amended Ordinance for the Derby Grange
Road Housing Urban Renewal Area is necessary to accommodate the creation of the
new John F. Kennedy Road Urban Renewal Area.
A part of the right-of-way to be included in the creation of the John F. Kennedy Road
Urban Renewal Area was previously included in the Derby Grange Road Housing Urban
Renewal Area. The right-of-way does not generate any tax increment from increased
development in the area. However, staff recommend removing the property overlap to
avoid any confusion in future planning and development of the area.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Jill Connors, Economic Development Director
Dubuque Economic Development
Department
THE CITY OF b:&d 1300 Main street
All-Me1*109ft Dubuque, Iowa 52001-4763
kxv,�. awccrvar Office (563) 589-4393
DUB-1i&E 1 htt (563) w.city fd
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2007-2012.2013
Masterpiece on the Mississippi 2017*2019
TO: Michael C. Van Milligen, City Manager
FROM: Jill M. Connors, Economic Development Director
SUBJECT: Amending Ordinance 14-17-A for the Derby Grange Road Housing Urban
Renewal Plan, Version 2022.1
DATE: October 31, 2022
INTRODUCTION
This memorandum presents for City Council consideration an Ordinance amending
Ordinance 14-17-A for the Derby Grange Road Housing Urban Renewal Plan.
The proposed Amended Ordinance remove property from the division of revenues.
BACKGROUND
On April 3, 2017, the Dubuque City Council originally established the Derby Grange Road
Housing Urban Renewal Area by Resolution No. 133-17 and most recently amended by
Resolution No. 282-17 on August 7, 2017. The primary goal of the plan is to stimulate,
through public involvement and commitment, private investment in new housing and
residential development.
DISCUSSION
The proposed removal of property from the Amended Ordinance for the Derby Grange
Road Housing Urban Renewal Area is necessary to accommodate the creation of the
new John F. Kennedy Road Urban Renewal Area.
A part of the right-of-way to be included in the creation of the John F. Kennedy Road
Urban Renewal Area was previously included in the Derby Grange Road Housing Urban
Renewal Area. The right-of-way does not generate any tax increment from increased
development in the area. However, staff recommend removing the property overlap to
avoid any confusion in future planning and development of the area.
RECOMMENDATION / ACTION STEP
I recommend the City Council adopt the attached Ordinance amending Ordinance 14-17-
A to remove property from the division of revenues within the Derby Grange Urban
Renewal Area.
2
Prepared by Jill Connors Economic Development 1300 Main St Dubuque IA 52001 (563) 589 4393
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1311 St., Dubuque, IA 52001, (563) 589-4100
ORDINANCE NO. 38-22
AMENDING ORDINANCE NO. 14-17-A PROVIDING THAT GENERAL PROPERTY
TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED
WITHIN THE DERBY GRANGE ROAD HOUSING URBAN RENEWAL AREA, IN THE
CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE
BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE,
DUBUQUE 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 SAID CITY IN CONNECTION WITH SAID
DERBY GRANGE ROAD HOUSING URBAN RENEWAL AREA BY REVISING THE
BOUNDARIES OF THE DERBY GRANGE ROAD HOUSING URBAN RENEWAL AREA
AS DESCRIBED HEREIN
WHEREAS, the City Council of the City of Dubuque, Iowa, after public notice and
hearing as prescribed by law and pursuant to Resolution No. 14-17-A passed and
approved on the 17th day of April, 2017, adopted an Urban Renewal Plan (the "Urban
Renewal Plan") for an urban renewal area known as the Derby Grange Road Housing
Urban Renewal Area (the "Urban Renewal Area"); and
WHEREAS, expenditures and indebtedness are anticipated to be incurred by the
City of Dubuque, Iowa in the future to finance urban renewal project activities carried out
in furtherance of the objectives of the Urban Renewal Plan and the future needs for
redevelopment within the Urban Renewal Area are such as to require the application of
the incremental tax resources of the Urban Renewal Area; and
WHEREAS, the City Council of the City of Dubuque, 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, and
the Urban Renewal Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. For purposes of this Ordinance, the following terms have the
following meanings:
(a) Urban Renewal Project Area shall include that area described as follows:
All that part of the right of way of John F. Kennedy Road lying between the following
described line:
A line beginning at the intersection of the west line of Lot 3 of Lot 2 of Helen E. and Mary
H. Stewart Subdivision and the south right of way line of John F. Kennedy Road which
then runs northeasterly perpendicular to said south right of way line and terminates at the
northerly right of way line of John F. Kennedy Road; and
and the Northeasterly extension of the Northerly line of Lot 2 of Barton Randle Addition,
City of Dubuque, Iowa; and
All that part of the right of way of John F. Kennedy Road lying between the Northwesterly
right of way line of Northwest Arterial (Iowa State Highway #32) and the Northeasterly
extension of the Northerly line of Lot 2 of Barton Randle Addition, City of Dubuque, Iowa;
and
All that part of the Easterly half of the right of way of John F. Kennedy Road lying between
the Northeasterly extension of the Northerly line of Lot 2 of Barton Randle Addition, City
of Dubuque, Iowa, and the Easterly extension of the Southerly line of Lot 2 of Lot 1 of the
Subdivision of the Southeast Quarter of the Southwest Quarter of Section 9, T89N, R2E
of the 5th P.M., Dubuque County, Iowa; and
A part of Lot 2 the Subdivision of Lot 1 of the Southeast'/ of the Southwest'/ of Section
9, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of
Dubuque, Iowa, more particularly described as follows:
Commencing as a point of reference at the Northwest corner of Lot 2 of the Subdivision
of Lot 1 of the Southeast'/ of the Southwest'/ of Section 9, Township 89 North, Range
2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa; Thence North 88
Degrees 39 Minutes 26 Seconds East along the North line of said Lot 2 a distance of
731.49 feet to the point of beginning; Thence continuing North 88 Degrees 39 Minutes 26
Seconds East along the North line of said Lot 2 a distance of 137.55 feet to the Northeast
corner of said Lot 2; Thence Southeasterly along the East line of said Lot 2, being a
circular curve concave to the East, having a radius of 955.37 feet, a chord of 191.31 feet
which bears South 06 Degrees 13 Minutes 07 Seconds East, an arc length of 191.63 feet;
Thence South 11 Degrees 58 Minutes 32 Seconds East along said East line a distance
of 258.07 feet to the Southeast corner of said Lot 2; Thence South 88 Degrees 05 Minutes
36 Seconds West along the South line of said Lot 2 a distance of 33.52 feet to a point on
the West right of way line of Kennedy Road; Thence North 11 Degrees 58 Minutes 32
Seconds West along said west right of way line a distance of 279.21 feet; Thence
Northwesterly along said West right of way line, being a circular curve concave to the
East having a radius of 988.37 feet, a chord of 34.46 feet which bears North 10 Degrees
2
57 Minutes 57 Seconds West, an arc length of 34.46 feet; Thence North 47 Degrees 24
Minutes 27 Seconds West along said West right of way line a distance of 159.58 feet to
a point on the South right of way line of Derby Grange Road; Thence North 02 Degrees
06 Minutes 27 Seconds West a distance of 52.00 feet to the point of beginning; and
All that part of Lot 2 of the Northeast'/ of the Southwest ''/< of Section 9, T89N, R2E of
the 5th P.M., Dubuque County, Iowa, lying within the existing right of way of North
Cascade Road; and
All of Lot 1 of Tscharner Place No. 4, Section 9, Township 89 North, Range 2 East of the
5th P.M., Dubuque County, Iowa; and
All that part of Lot 2 of Tscharner Place No. 3, Dubuque County, Iowa, lying South of the
North line of the Southwest Quarter of Section 9, T89N, R2E of the 5th P.M. and East of
the Westerly right of way line of John F. Kennedy Road; and
All of Lot 1-A of The Barony, Dubuque County, Iowa; and
All that part of the Northwesterly half of the right of way of John F. Kennedy Road lying
Westerly of the West line of Lot 1 of Hope Evangelical Free Church 1 st Addition, Dubuque
County, Iowa, and lying Easterly of the Southerly extension of the West line of Lot 1-A of
The Barony, Dubuque County, Iowa; and
The West 19.85 acres of the North Half of the Southeast Quarter of the Northeast Quarter
of Section 9, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa
(also known as the North Half of the Southeast Quarter of the Northeast Quarter of
Section 9, Township 89 North, Range 2 East of the 5th P.M., except 10 feet on the East
side of said 20 acres of land reserved for a private roadway, in Dubuque County, Iowa).
(b) Urban Renewal Plan shall mean the Urban Renewal Plan for the Derby
Grange Road Housing Urban Renewal Area, approved by Resolution No. 133-17-
A on April 17, 2017, as the same may be amended from time to time.
Section 2. That the taxes levied on the taxable property in the Urban Renewal
Area, legally described in Section 1 hereof, by and for the benefit of the State of Iowa,
City of Dubuque, County of Dubuque, Dubuque 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 3. 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, 2016, being January 1 of the calendar year preceding
the first calendar year in which the City of Dubuque is expected to certify to the County
Auditor 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
3
which all other property taxes are paid. The taxes so determined shall be referred to
herein as the "base period taxes" for such Urban Renewal Area.
Section 4. That portion of the taxes each year in excess of the base period taxes
determined for the Urban Renewal Area as provided in Section 3 of this Ordinance shall
be allocated to and when collected be paid into a special tax increment fund of the City
of Dubuque, 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 Dubuque, 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 described in Section
403.19 shall be collected against all taxable property within the Urban Renewal Project
Area without any limitation as hereinabove provided.
Section 5. Unless or until the total assessed valuation of the taxable property in
the Urban Renewal Project Area exceeds the total assessed value of the taxable property
in the Urban Renewal Area as shown by the assessment rolls referred to in Section 3 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 said taxing districts in the same manner as all other property taxes.
Section 6. At such time as the loans, advances, indebtedness, bonds and interest
thereon of the City of Dubuque, Iowa referred to in Section 4 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 7. 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 division of taxes from taxable property in
the Urban Renewal Area under the provisions of Section 403.19 of the Code of Iowa. 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 8. This Ordinance shall be in effect after its final passage, approval and
publication as provided by law.
H
PASSED AND APPROVED this 7th day of November, 2022.
..M. CavanQh,
ATTEST:
Adrienne N. Breitfelder, City Clerk
Read first time: Novem6r
Read second time: N1 R
Read third time: N/A
PASSED AND APPROVED: g0kmber, 7 aoaa
PUBLISHED: Novr-rn er 11, aoaa ,
IIIIIII (IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Doc ID: 011038240006 Type: GEN
Kind: ORDINANCE
Recorded: 11/08/2022 at 02:37:54 PM
Fee Amt: $32.00 Paqe 1 of 6
Dubuque County Iowa
John Murphy Recorder
File2022-00013700
Prepared by Jilt Connors, Economic Development, 1300 Main St., Dubuque, IA 52001, (563) 589-4393
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 131" St., Dubuque, IA 52001, (563) 589-4100
ORDINANCE NO.38-22
AMENDING ORDINANCE NO. 14-17-A PROVIDING THAT GENERAL PROPERTY
TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED
WITHIN THE DERBY GRANGE ROAD HOUSING URBAN RENEWAL AREA, IN THE
CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE
BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE,
DUBUQUE 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 SAID CITY IN CONNECTION WITH SAID
DERBY GRANGE ROAD HOUSING URBAN RENEWAL AREA BY REVISING THE
BOUNDARIES OF THE DERBY GRANGE ROAD HOUSING URBAN RENEWAL AREA
AS DESCRIBED HEREIN
WHEREAS, the City Council of the City of Dubuque, Iowa, after public notice and
hearing as prescribed by law and pursuant to Resolution No. 14-17-A passed and
approved on the 17th day of April, 2017, adopted an Urban Renewal Plan (the "Urban
Renewal Plan") for an urban renewal area known as the Derby Grange Road Housing
Urban Renewal Area (the "Urban Renewal Area"); and
WHEREAS, expenditures and indebtedness are anticipated to be incurred by the
City of Dubuque, Iowa in the future to finance urban renewal project activities carried out
in furtherance of the objectives of the Urban Renewal Plan and the future needs for
redevelopment within the Urban Renewal Area are such as to require the application of
the incremental tax resources of the Urban Renewal Area; and
WHEREAS, the City Council of the City of Dubuque, 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, and
the Urban Renewal Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
(�? D% City Economic Development 3200
Section 1. For purposes of this Ordinance, the following terms have the
following meanings:
(a) Urban Renewal Project Area shall include that area described as follows:
All that part of the right of way of John F. Kennedy Road lying between the following
described line:
A line beginning at the intersection of the west line of Lot 3 of Lot 2 of Helen E. and Mary
H. Stewart Subdivision and the south right of way line of John F. Kennedy Road which
then runs northeasterly perpendicular to said south right of way line and terminates at the
northerly right of way line of John F. Kennedy Road; and
and the Northeasterly extension of the Northerly line of Lot 2 of Barton Randle Addition,
City of Dubuque, Iowa; and
All that part of the right of way of John F. Kennedy Road lying between the Northwesterly
right of way line of Northwest Arterial (Iowa State Highway #32) and the Northeasterly
extension of the Northerly line of Lot 2 of Barton Randle Addition, City of Dubuque, Iowa;
and
All that part of the Easterly half of the right of way of John F. Kennedy Road lying between
the Northeasterly extension of the Northerly line of Lot 2 of Barton Randle Addition, City
of Dubuque, Iowa, and the Easterly extension of the Southerly line of Lot 2 of Lot 1 of the
Subdivision of the Southeast Quarter of the Southwest Quarter of Section 9, T89N, R2E
of the 51h P.M., Dubuque County, Iowa; and
A part of Lot 2 the Subdivision of Lot 1 of the Southeast % of the Southwest'/ of Section
9, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of
Dubuque, Iowa, more particularly described as follows:
Commencing as a point of reference at the Northwest corner of Lot 2 of the Subdivision
of Lot 1 of the Southeast'/ of the Southwest 1/ of Section 9, Township 89 North, Range
2 East of the 5t" Principal Meridian, in the County of Dubuque, Iowa; Thence North 88
Degrees 39 Minutes 26 Seconds East along the North line of said Lot 2 a distance of
731.49 feet to the point of beginning; Thence continuing North 88 Degrees 39 Minutes 26
Seconds East along the North line of said Lot 2 a distance of 137.55 feet to the Northeast
corner of said Lot 2; Thence Southeasterly along the East line of said Lot 2, being a
circular curve concave to the East, having a radius of 955.37 feet, a chord of 191.31 feet
which bears South 06 Degrees 13 Minutes 07 Seconds East, an arc length of 191.63 feet;
Thence South 11 Degrees 58 Minutes 32 Seconds East along said East line a distance
of 258.07 feet to the Southeast corner of said Lot 2; Thence South 88 Degrees 05 Minutes
36 Seconds West along the South line of said Lot 2 a distance of 33.52 feet to a point on
the West right of way line of Kennedy Road; Thence North 11 Degrees 58 Minutes 32
Seconds West along said west right of way line a distance of 279.21 feet; Thence
Northwesterly along said West right of way line, being a circular curve concave to the
East having a radius of 988.37 feet, a chord of 34.46 feet which bears North 10 Degrees
P"A
57 Minutes 57 Seconds West, an arc length of 34.46 feet; Thence North 47 Degrees 24
Minutes 27 Seconds West along said West right of way line a distance of 159.58 feet to
a point on the South right of way line of Derby Grange Road; Thence North 02 Degrees
06 Minutes 27 Seconds West a distance of 52.00 feet to the point of beginning; and
All that part of Lot 2 of the Northeast'/ of the Southwest'/ of Section 9, T89N, R2E of
the 5th P.M., Dubuque County, Iowa, lying within the existing right of way of North
Cascade Road; and
All of Lot 1 of Tscharner Place No. 4, Section 9, Township 89 North, Range 2 East of the
5th P.M., Dubuque County, Iowa; and
All that part of Lot 2 of Tscharner Place No. 3, Dubuque County, Iowa, lying South of the
North line of the Southwest Quarter of Section 9, T89N, R2E of the 5th P.M. and East of
the Westerly right of way line of John F. Kennedy Road; and
All of Lot 1-A of The Barony, Dubuque County, Iowa; and
All that part of the Northwesterly half of the right of way of John F. Kennedy Road lying
Westerly of the West line of Lot 1 of Hope Evangelical Free Church 1 st Addition, Dubuque
County, Iowa, and lying Easterly of the Southerly extension of the West line of Lot 1-A of
The Barony, Dubuque County, Iowa; and
The West 19.85 acres of the North Half of the Southeast Quarter of the Northeast Quarter
of Section 9, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa
(also known as the North Half of the Southeast Quarter of the Northeast Quarter of
Section 9, Township 89 North, Range 2 East of the 5th P.M., except 10 feet on the East
side of said 20 acres of land reserved for a private roadway, in Dubuque County, Iowa).
(b) Urban Renewal Plan shall mean the Urban Renewal Plan for the Derby
Grange Road Housing Urban Renewal Area, approved by Resolution No. 133-17-
A on April 17, 2017, as the same may be amended from time to time.
Section 2. That the taxes levied on the taxable property in the Urban Renewal
Area, legally described in Section 1 hereof, by and for the benefit of the State of Iowa,
City of Dubuque, County of Dubuque, Dubuque 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 3. 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, 2016, being January 1 of the calendar year preceding
the first calendar year in which the City of Dubuque is expected to certify to the County
Auditor 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
3
which all other property taxes are paid. The taxes so determined shall be referred to
herein as the "base period taxes" for such Urban Renewal Area.
Section 4. That portion of the taxes each year in excess of the base period taxes
determined for the Urban Renewal Area as provided in Section 3 of this Ordinance shall
be allocated to and when collected be paid into a special tax increment fund of the City
of Dubuque, 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 Dubuque, 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 described in Section
403.19 shall be collected against all taxable property within the Urban Renewal Project
Area without any limitation as hereinabove provided.
Section 5. Unless or until the total assessed valuation of the taxable property in
the Urban Renewal Project Area exceeds the total assessed value of the taxable property
in the Urban Renewal Area as shown by the assessment rolls referred to in Section 3 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 said taxing districts in the same manner as all other property taxes.
Section 6. At such time as the loans, advances, indebtedness, bonds and interest
thereon of the City of Dubuque, Iowa referred to in Section 4 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 7. 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 division of taxes from taxable property in
the Urban Renewal Area under the provisions of Section 403.19 of the Code of Iowa. 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 8. This Ordinance shall be in effect after its final passage, approval and
publication as provided by law.
-19
PASSED AND APPROVED this 7th day of November, 2022.
ATTEST:
ad", � � 'p, - & "
Adrienne N. Breitfelder, City Clerk
Read first time: Noyern6 ,-
r
Read second time: NA
Read third time: py/ A
PASSED AND APPROVED: Noe Act- Z a o a s
PUBLISHED: Noyernixr, I a03a
5
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Adrienne N. Breitfelder, City Clerk, do hereby certify that I am the duly appointed,
qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such
City Clerk, I have in my possession or have access to the records of the proceedings of
the City Council. I do further state that the hereto attached Ordinance No. 38-22 is a
true and correct copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 8th day of November, 2022.
Adrienne N. Breitfelder, City Clerk
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
11/11/2022
and for which the charge is 84.32
Subscribed to before me, a Notary Pub
Dubuque County, Iowa,
this 15th day of November, 2022
lic in d for
Notary P I . in and for Dubuque Cdlmty, Iowa.
C
•
JANET K. PAPE
Commission Numtser 199859
Icy Comm. Exp. DEC 11, 2022
Ad text : OFFICIAL PUBLICATION
ORDINANCE NO. 38-22
EXECUTIVE SUMMARY
THE ORDINANCE IN ITS ENTIRETY IS ON FILE IN THE OFFICE OF
THE CITY CLERK, 50 W. 13TH STREET, DUBUQUE, AND MAY BE VIEWED
DURING NORMAL BUSINESS HOURS OF 8:00 AM TO 5:00 PM MONDAY to
FRIDAY.
AMENDING ORDINANCE NO. 14-17-A PROVIDING THAT GENERAL
PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY
LOCATED WITHIN THE DERBY GRANGE ROAD HOUSING URBAN RENEWAL
AREA, IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF
IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF
DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE 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 SAID CITY IN CONNECTION WITH SAID DERBY GRANGE
ROAD HOUSING URBAN RENEWAL AREA BY REVISING THE BOUNDARIES OF
THE DERBY GRANGE ROAD HOUSING URBAN RENEWAL AREA AS DESCRIBED
HEREIN
WHEREAS, the City Council of the City of Dubuque, Iowa,
after public notice and hearing as prescribed by law and
pursuant to Resolution No. 14-17-A passed and approved on the
17th day of April, 2017, adopted an Urban Renewal Plan (the
"Urban Renewal Plan") for an urban renewal area known as the
Derby Grange Road Housing Urban Renewal Area (the "Urban
Renewal Area"); and
WHEREAS, expenditures and indebtedness are anticipated to be
incurred by the City of Dubuque, Iowa in the future to finance
urban renewal project activities carried out in furtherance of
the objectives of the Urban Renewal Plan and the future needs
for redevelopment within the Urban Renewal Area are such as to
require the application of the incremental tax resources of
the Urban Renewal Area; and
WHEREAS, the City Council of the City of Dubuque, 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, and the Urban Renewal Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. "[For purposes of this Ordinance, the following
terms shall have specific meaning. Full text is on file in the
Office of the City Clerk.]
(a)"Urban Renewal Project Area
(b)"Urban Renewal Plan
Section 2. That the taxes levied on the taxable property in
the Urban Renewal Area, legally described in Section 1 hereof,
by and for the benefit of the State of Iowa, City of Dubuque,
County of Dubuque, Dubuque 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 3. 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, 2016,
being January 1 of the calendar year preceding the first
calendar year in which the City of Dubuque is expected to
certify to the County Auditor 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. The taxes so determined shall
be referred to herein as the "base period taxes" for such
Urban Renewal Area.
Section 4. That portion of the taxes each year in excess of
the base period taxes determined for the Urban Renewal Area as
provided in Section 3 of this Ordinance shall be allocated to
and when collected be paid into a special tax increment fund
of the City of Dubuque, 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 Dubuque, 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 described in Section 403.19 shall be
collected against all taxable property within the Urban
Renewal Project Area without any limitation as hereinabove
provided.
Section 5. Unless or until the total assessed valuation of
the taxable property in the Urban Renewal Project Area exceeds
the total assessed value of the taxable property in the Urban
Renewal Area as shown by the assessment rolls referred to in
Section 3 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 said taxing districts in the same
manner as all other property taxes.
Section 6. At such time as the loans, advances,
indebtedness, bonds and interest thereon of the City of
Dubuque, Iowa referred to in Section 4 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 7. 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 division of
taxes from taxable property in the Urban Renewal Area under
the provisions of Section 403.19 of the Code of Iowa. 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 8. 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, 2022.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the l lth day of November, 2022.
/s/Adrienne N. Breitfelder, City Clerk
It 11/11