An Ordinance Amending Tax Increment Ordinance 33-23 for the Switch Homes Housing Urban Renewal AreaCity of Dubuque
City Council Meeting
Action Items # 010.
Copyrighted
July 17, 2023
ITEM TITLE: An Ordinance Amending Tax Increment Ordinance 33-23 for the Switch
Homes Housing Urban Renewal Area
SUMMARY: City Manager recommending City Council approval of an ordinance
amending tax increment Ordinance 33-23 for the Switch Homes Urban
Renewal Area (Area).
ORDINANCE Amending Ordinance 33-23 providing that general
property taxes levied and collected each year on all property located
within the Switch Homes 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 Switch Homes Housing Urban Renewal
Area
SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Ordinance Supporting Documentation
THE CITY OF
Dubuque
DUB TEE1.
All -America City
Masterpiece on the Mississippi
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: An Ordinance Amending Tax Increment Ordinance 33-23 for the Switch
Homes Housing Urban Renewal Area
DATE: July 12, 2023
Economic Development Director Jill Connors is recommending City Council approval of
an ordinance amending tax increment Ordinance 33-23 for the Switch Homes Urban
Renewal Area (Area).
By Resolution 219-23 adopted July 5, 2023, City Council adopted the Switch Homes
Housing Urban Renewal Area Plan related to housing and residential development. Also
on July 5, 2023 the City Council adopted Ordinance 33-23, allowing for the collection of
property tax increment revenues generated from any development in the Area.
After the Switch Homes Housing Urban Renewal Plan and subsequent Ordinance 33-23
were adopted, the developer had the Area replatted. This replatting altered the legal
description of the Area. The Ordinance allowing for the collection of tax increment must
contain the accurately legal description 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
THE CITY OF
All -America My
nni K xvni , nz: a:u�ir,
DUB E
2007-2012.2013
Masterpiece on the Mississippi 2017*2019
TO: Michael C. Van Milligen, City Manager
FROM: Jill M. Connors, Economic Development Director
Economic Development
Department
1300 Main Street
Dubuque, Iowa 52001-4763
Office (563) 589-4393
TTY (563) 690-6678
http://www.cityofdubuque.org
SUBJECT: An Ordinance Amending Tax Increment Ordinance 33-23 for the
Switch Homes Housing Urban Renewal Area
DATE: July 12, 2023
INTRODUCTION
This memorandum transmits for City Council review and approval an ordinance amending
tax increment Ordinance 33-23 for the Switch Homes Urban Renewal Area (Area). The
City Attorney's Office have reviewed the proposed ordinance which is attached to this
memo.
The proposed amending ordinance alters the boundary of the existing Ordinance 33-23
authorizing the utilization of tax increment financing to allow both public and private
development efforts in the Area.
BACKGROUND
By Resolution 219-23 adopted July 5, 2023, City Council adopted the Switch Homes
Housing Urban Renewal Area Plan related to housing and residential development. Also
on July 5, 2023 the City Council adopted Ordinance 33-23, allowing for the collection of
property tax increment revenues generated from any development in the Area.
DISCUSSION
After the Switch Homes Housing Urban Renewal Plan and subsequent Ordinance 33-23
were adopted, the developer had the Area replatted. This replatting altered the legal
description of the Area. The Ordinance allowing for the collection of tax increment must
contain the accurately legal description of the area.
RECOMMENDATION/ ACTION STEP
I recommend that the City Council approve the amending ordinance attached hereto for
the Switch Homes Housing Urban Renewal Area. Tax increment financing is an
important tool for economic development and will be used to assist future public and
private development efforts in the Switch Homes Housing 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. 13Eh St., Dubuque, IA 52001, (563) 589-4100
ORDINANCE NO. 34-23
AN ORDINANCE AMENDING ORDINANCE 33-23 PROVIDING THAT GENERAL
PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY
LOCATED WITHIN THE SWITCH HOMES 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 SWITCH HOMES HOUSING URBAN RENEWAL AREA
WHEREAS, the City Council of the City of Dubuque, Iowa, after public notice and
hearing as prescribed by law and pursuant to Resolution No. 219-23 passed and
approved on the 5th day of July, 2023, adopted an Urban Renewal Plan (the "Urban
Renewal Plan") for an urban renewal area known as the Switch Homes 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 34-23, the following terms have the
following meanings:
(a) Project Area shall include that area described as follows:
Being a part of Lot 2 of Dondelinger Place as recorded in Book 1991, Page 11917 of the
Dubuque County Recorder's Office and part of Mozena Farm South as recorded in Book
2005, Page 17498 of the Dubuque County Recorder's Office, in the City of Dubuque,
Dubuque County, Iowa described as:
Beginning at the Northwest Corner of said Lot 2; thence N72°27'42"E, 2,194.85 feet;
thence N56°07'31"E, 396.82 feet; thence S33052'29"E, 394.69 feet; thence S50°29'15"E,
130.26; thence N89°40'48"E, 130.97 feet; thence N77022'37"E, 173.84 feet; thence
S02°16'36"E, 415.43 feet; thence S90000'00"W, 268.87 feet; thence N58°02'17"W,
166.25 feet; thence S18°08'06"W, 109.49 feet; thence S33°32'39"E, 269.61 feet; thence
S27°57'58"E, 125.44 feet; thence N63050'06"E, 9.82 feet; thence S08012'40"W, 197.54
feet; thence S30022'45"E, 414.69 feet; thence S19035'15"E, 239.99 feet; thence
S65°31'10"W, 39.88 feet; thence S61 °48'26"W, 235.25 feet; thence S88°18'27"W, 119.49
feet; thence S17053'14"W, 96.62 feet; thence S19029'58"E, 205.01 feet; thence
S81 °55'46"W, 42.16 feet; thence N19°29'58"W, 205.21 feet; thence N17°53'14"E, 138.38
feet; thence N88018'27"E, 138.30 feet; thence N61 °48'26"E, 231.62 feet; thence
N19°35'15"W, 199.20 feet, thence N30°22'45"W, 424.92 feet; thence N08°12'40"E,
168.21 feet; thence S41 °51'35"W, 2.07 feet; thence N27057'58"W, 96.14 feet; thence
N32025'45"W, 326.20 feet; thence N24030'57"W, 122.74 feet; thence S88°34'08"W,
169.93; thence N72015'00"W, 110.53 feet; thence S86036'29"W, 110.92; thence
S13°21'23"E, 125.00 feet; thence 30.03 feet along a 195.50 foot radius curve concave
Southerly (chord bearing S72°14'35"W, 30.00 feet); thence N22009'26"W, 123.41 feet;
thence S58°21'30"W, 114.03 feet; thence S40044'49"W, 194.12 feet; thence
S31 11'14"W, 67.99 feet; thence S59014'39"W, 101.31 feet; thence N01 051'39"W, 168.56
feet; thence S88°44'30"W, 1,330.51 feet; thence S00°32'54"E, 49.50 feet; thence
S68031'02"W, 279.63 feet; thence S02°07'32"E, 725.50 feet; thence N76°38'23"W, 10.43
feet; thence 71.26 feet along a 787.25 foot radius curve concave Southerly (chord bearing
N79013'57"W, 71.24 feet); thence NO2°09'42"W, 258.81 feet; thence S87000'09"W, 55.34
feet; thence N02010'30"W, 595.45 feet to the Point of Beginning.
And
The immediately adjacent right of way to the area previously described of the Northwest
Arterial lying within the corporate limits of the City of Dubuque described as:
Commencing at the Northwest Corner of said Lot 2; thence N72°27'42" E, 826.19 feet to
the Point of Beginning; thence N17°32'18"W, 266.57 feet; thence N74°33'33"E, 1369.58
feet; thence S17032'18"E, 216.44 feet; thence S72°27'42"W, 1368.66 feet to the Point of
Beginning .
All in the City of Dubuque, Iowa
2
(b) Urban Renewal Plan shall mean the Urban Renewal Plan for the Switch
Homes Housing Urban Renewal Area, approved by Resolution No. 219-23 on July
5th, 2023, 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, 2023, 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 ail taxable property within the 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.
3
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 171r day of July, 2023.
Mari-. a 0Tr
.toMayor
►IraI=Na
aw'77"lie AA4 �--
Adrienne N. Breitfelder, City Clerk
Read first time: TU I 7,
Read second time:— N1
Read third time: N
PASSED AND APPROVED: i�L1 7)
PUBLISHED: _ TuIa) c�3
4
Doc ID: 011125250005 Type: GEN
Kind: ORDINANCE
Recorded: 07/21/2023 at 04:24:31 PM
Fee Amt: $27.00 Paqe i of 5
Dubuque County Iowa
Karol Kennedy Recorder
File2023-00006990
Prepared by Jill Connors, Economic Development, 1300 Main St., Dubuque, IA 52001, (563 58) 9-4393
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 131" St., Dubuque, IA 52001, (563) 589-4100
ORDINANCE NO. 34-23
AN ORDINANCE AMENDING ORDINANCE 33-23 PROVIDING THAT GENERAL
PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY
LOCATED WITHIN THE SWITCH HOMES 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 SWITCH HOMES HOUSING URBAN RENEWAL AREA
WHEREAS, the City Council of the City of Dubuque, Iowa, after public notice and
hearing as prescribed by law and pursuant to Resolution No. 219-23 passed and
approved on the 5th day of July, 2023, adopted an Urban Renewal Plan (the "Urban
Renewal Plan") for an urban renewal area known as the Switch Homes 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 34-23, the following terms have the
following meanings:
& DB& Ecohom c Developmen+ 2100
(a) Project Area shall include that area described as follows:
Being a part of Lot 2 of Dondelinger Place as recorded in Book 1991, Page 11917 of the
Dubuque County Recorder's Office and part of Mozena Farm South as recorded in Book
2005, Page 17498 of the Dubuque County Recorder's Office, in the City of Dubuque,
Dubuque County, Iowa described as:
Beginning at the Northwest Corner of said Lot 2; thence N72°27'42"E, 2,194.85 feet;
thence N56007'31"E, 396.82 feet; thence S33°52'29"E, 394.69 feet; thence S50°29'1YE,
130.26; thence N89040'48"E, 130.97 feet; thence N77°22'37"E, 173.84 feet; thence
S02016'36"E, 415.43 feet; thence S90000'00"W, 268.87 feet; thence N58°02'17"W,
166.25 feet; thence S18008'06"W, 109.49 feet; thence S33°32'39"E, 269.61 feet; thence
S27057'58"E, 125.44 feet; thence N63050'06"E, 9.82 feet; thence S08°12'40"W, 197.54
feet; thence S30022'45"E, 414.69 feet; thence S19035'15"E, 239.99 feet; thence
S65031'10"W, 39.88 feet; thence S61 °48'26"W, 235.25 feet; thence S88018'27"W, 119.49
feet; thence S17053'14"W, 96.62 feet; thence S19029'58"E, 205.01 feet; thence
S88055'46"W, 42.16 feet; thence N19°29'58"W, 205.21 feet; thence N17053'14"E, 138.38
feet; thence N88018'27"E, 138.30 feet; thence N61 °48'26"E, 231.62 feet; thence
N19035'15"W, 199.20 feet; thence N30°22'45"W, 424.92 feet; thence N08012'40"E,
168.21 feet; thence S41 °51'35"W, 2.07 feet; thence N27°57'58"W, 96.14 feet; thence
N32025'45"W, 326.20 feet; thence N24030'57"W, 122.74 feet; thence S88°34'08"W,
169.93; thence N72°15'00"W, 110.53 feet; thence S86036'29"W, 110.92; thence
S13°21'23"E, 125.00 feet; thence 30.03 feet along a 195.50 foot radius curve concave
Southerly (chord bearing S72014'35"W, 30.00 feet); thence N22009'26"W, 123.41 feet;
thence S58021'30"W, 114.03 feet; thence S40044'49"W, 194.12 feet; thence
S31 °11'14"W, 67.99 feet; thence S59°14'39"W, 101.31 feet; thence N01 °51'39"W,168.56
feet; thence S88044'30"W, 1,330.51 feet; thence S00032'54"E, 49.50 feet; thence
S68031'02"W, 279.63 feet; thence S02°07'32"E, 725.50 feet; thence N76038'23"W, 10.43
feet; thence 71.26 feet along a 787.25 foot radius curve concave Southerly (chord bearing
N79013'57"W, 71.24 feet); thence N02009'42"W, 258.81 feet; thence S87000'09"W, 55.34
feet; thence N02010'30"W, 595.45 feet to the Point of Beginning.
And
The immediately adjacent right of way to the area previously described of the Northwest
Arterial lying within the corporate limits of the City of Dubuque described as:
Commencing at the Northwest Corner of said Lot 2; thence N72027'42" E, 826.19 feet to
the Point of Beginning; thence N17032'18"W, 266.57 feet; thence N74°33'33"E, 1369.58
feet; thence S17"32'18"E, 216.44 feet; thence S72027'42"W, 1368.66 feet to the Point of
Beginning .
All in the City of Dubuque, Iowa
2
(b) Urban Renewal Plan shall mean the Urban Renewal Plan for the Switch
Homes Housing Urban Renewal Area, approved by Resolution No. 219-23 on July
5th, 2023, 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, 2023, 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 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.
3
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 17' day of July, 2023.
•Cp�lh, Mayor
ATTEST:
Adrienne N. Breitfelder, City Clerk
Read first time: u ?, �s n
Read second time: N
Read third time:
PASSED AND APPROVED: ) !,j ) ,7) Jn
PUBLISHED: n J �7
4
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. 34-23 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 21 st day of July, 2023.
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:
07/21/2023
and for which the charge is 130.00
Su scribed to before me, a Notary Pub lc in and for
Dubuque County, Iowa,
this 24th day of July, 2023
Notary Public in and for Dubuque County, Iowa.
vNtA& JANET K. PAPE
AY-
0 Commission Number 189659
44.4,
My Commission Expires
12/11/2025
1-1 I I rl 1
A c-+\:04n
012:011 32-I -a-3.
Ad text :
CITY OF DUBUQUE
OFFICIAL PUBLICATION
ORDINANCE NO. 34-23
AN ORDINANCE AMENDING ORDINANCE 33-23 PROVIDING THAT GENERAL
PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY
LOCATED WITHIN THE SWITCH HOMES 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 SWITCH HOMES HOUSING URBAN RENEWAL
AREA
WHEREAS, the City Council of the City of Dubuque, Iowa,
after public notice and hearing as prescribed by law and
pursuant to Resolution No. 219-23 passed and approved on the
h day d July, 2023 adopted an . Urban Renewal Plaii (the
"Urban Renewal Plan") for an urban renewal area known as the
Switch Homes 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 34-23, the
following terms have the following meanings:
(a)"Project Area shall include that area described as
follows:
Being a part, :of Lot 2 of Dondelinger Place as recorded in
Book 1991, Page 11917 of the Dubuque Colity recorders Office
and part of Mozena Farm South as recorded in Book 2005, Page
17498 of the Dubuque County Recorders Office, in the City of
Dubuque, Dubuque County, Iowa described as:
Beginning at the Northwest Corner of said Lot 2; thence
N72 *27' 42"E, 2,194.85 feet; thence N56 *07' 31 "E, 396.82 feet;
thence S33*52'29"E, 394.69 feet; thence S50*29' 15"E, 130.26;
thence N89 *40' 48 "E, 130.97 feet; thence N77 *22' 37"E, 173.84
feet; thence S02*16'36"E, 415.43 feet; thence S90*00'00"W,
268,87 feet; thence N58 *02' 17"W, 166.25 feet; thence
S18*08'06"W, 109.49 feet; thence S33*32'39"E, 269.61 feet;
thence S27*57' 58"E, 125.44 feet; thence N63 *50' 06"E, 9.82
feet; thence S08 * 12'40"W, 197.54 feet; thence S30*22'45 "E,
414,69 feet; thence S 19*35' 15 "E, 239.99 feet; thence
S65*31' 10"W, 39.88 feet; thence S61 *48'26"W, 235.25 feet;
thence S88*18'27"W, 119,49 feet; thence S17*53'14"W, 96.62
feet; thence S19*29'58"E, 205.01 feet; thence S88*55'46"W,
42.16 feet; thence N 19 *29' 5 8 "W, 205.21 feet; thence
N17*53' 14"E, 138.38 feet; thence N88*18'27"E, 138.30 feet;
thence N61 *48' 26"E, 231.62 feet; thence N 19 *35' 15 "W, 199.20
feet; thence N30*22/45"W, 424.92 feet; thence N08*12'40"E,
168.21 feet; thence S41*51 '35"W, 2.07 feet; thence
N27*57158"W, 96.14 feet; thence N32*25'45"W, 326.20 feet;
thence N24*30'57"W, 122.74 feet; thence S88*34'08"W, 169.93;
thence N72*15'00"W, 110.53 feet; thence S86*36'29"W, 110.92;
thence S13*21'23"E, 125.00 feet; thence 30.03 feet along a
195.50 foot radius curve concave Southerly (chord bearing
S72*14'35"W, 30.00 feet); thence N22*09'26"W, 123.41 feet;
thence S58*21'30"W, 114.03 feet; thence S40*44149"W, 194.12
feet; thence S31*11'14"W, 67.99 feet; thence S59*14'39"W,
101.31 feet; thence N01*51'39"W, 168.56 feet; thence
S88*44'30"W, 1,330.51 feet; thence SOO*32'54"E, 49.50 feet;
thence S68*31'02"W, 279.63 feet; thence S02*07132"E, 725.50
feet; thence N76*38'23"W, 10.43 feet; thence 71.26 feet along
a 787.25 foot radius curve concave Southerly (chord bearing
N79*13'57"W, 71.24 feet); thence NO2*09'42"W, 258.81 feet;
thence S87*00'09"W, 55.34 feet; thence NO2*10'30"W, 595.45
feet to the Point of Begining.
And
The immediately adjacent right of way to the area previously
described of the Northwest Arterial lying within the corporate
limits of the City of Dubuque described as:
Commencing at the Northwest Corner of said Lot 2; thence
N72*27142" E, 826.19 feet to the Point of Beginning; thence
N17*32/18"W, 266.57 feet; thence N74*33133"E, 1369.58 feet;
thence S17*32/18"E, 216.44 feet; thence S72*27'42"W, 1368.66
feet to the Point of Beginning .
All in the City of Dubuque, Iowa
(b)"Urban Renewal Plan shall mean the Urban Renewal Plan for
the Switch Homes Housing Urban Renewal Area, approved by
Resolution No. 219-23 on July 5th, 2023, 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:yor 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, 2023,
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 Project Area
without any iimication 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 Codkof Iowa. In th?,
eveat that any pro -vision of this Ordina ice shall be dettrmimd
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 17th day of July, 2023.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 21st day of July, 2023.
/s/Adrienne N. Breitfelder,
CMC, City Clerk
lt 7/21