South Pointe Housing Urban Renewal Area - Resolution Nunc Pro Tunc Copyrighted
April 17, 2017
City of Dubuque Consent Items # 8.
ITEM TITLE: South Pointe Housing Urban Renewal Area - Resolution
Nunc Pro Tunc
SUMMARY: City Manager recommending approval of a Resolution
correcting the legal description in the Urban Renewal Plan
for the South Pointe Housing Urban Renewal Area adopted
March 11 , 2017.
RESOLUTION Nunc Pro Tunc correcting and amending a
scrivener's error in certain legal descriptions included in the
Urban Renewal Plan for the South Pointe Housing Urban
Renewal District
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
South Pointe Housing Resolution Nunc Pro Tunc-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Corrected Attachment D Supporting Documentation
Resolution Nunc Pro Tunc Resolutions
THE CITY OF Dubuque
DUB TE
1111.
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Corrected Legal Description for Urban Renewal Plan for the South Pointe
Housing Urban Renewal Area
DATE: April 12, 2017
Economic Development Director Maurice Jones recommends City Council approval of a
Resolution correcting the legal description in the Urban Renewal Plan for the South
Pointe Housing Urban Renewal Area adopted March 20, 2017.
The Resolution includes the phrase "Nunc Pro Tunc", which in Latin means "now for
then". This means that the Resolution is intended to have a retroactive impact to
correct the scrivener's error so that the Resolution will continue to have the same
effective date and such effective date will not be changed by the corrective Resolution.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Maurice Jones, Economic Development Director
Dubuque Economic Development Department
THE CITY OF 50 West 13th Street
All-AmMmIily Dubuque,Iowa 52001-4864
DUB3 &kE1 I Office(563)589-4393
TTY(563)690-6678
® http://www.cityofdubuque.org
Masterpiece on the Mississippi 200.2012.2013
TO: Michael Van Milligen, City Manager
FROM: Maurice Jones, Economic Development Director
SUBJECT: Corrected Legal Description for Urban Renewal Plan for the South
Pointe Housing Urban Renewal Area
DATE: April 11, 2017
INTRODUCTION
The purpose of this memorandum is to forward for City Council review and approval a
Resolution correcting the legal description in the Urban Renewal Plan for the South
Pointe Housing Urban Renewal Area adopted March 20, 2017.
BACKGROUND
The South Pointe Housing Urban Renewal Area was established March 20, 2017. The
created Area will allow both public and private development efforts to benefit from the
use of tax increment financing in the Area and provide funding for low to moderate
income housing programs throughout the City of Dubuque.
DISCUSSION
After holding a public hearing on March 20, 2017, City Council reviewed and approved
Resolution 101-17 and Ordinance 11-17 which created the South Pointe Housing Urban
Renewal Area. Subsequently, the documents were forwarded to the County Auditor,
where staff identified a scrivener's error in the legal description. The legal description
included in the Urban Renewal Plan and the Ordinance each included a reference to a
"west/westerly" instead of "east/easterly" in describing two portions of the Area.
The attached Resolution includes the phrase "Nunc Pro Tunc", which in Latin means
"now for then". This means that the enclosed Resolution is intended to have a
retroactive impact to correct the scrivener's error so that the Resolution will continue to
have the same effective date and such effective date will not be changed by the
corrective Resolution.
RECOMMENDATION/ ACTION STEP
I recommend that the attached Resolution correcting the scrivener's error in the Urban
Renewal Plan be adopted in order to support reinvestment efforts in the Area.
ATTACHMENT D
SOUTH POINTE HOUSING URBAN RENEWAL AREA
UPDATED March 31 , 2017
LEGAL DESCRIPTION:
• Lot 1 of Tower Investments Subdivision No. 1, City of Dubuque; and
• Lot 1 of Lot 1 of Lot 2 of Tower Investments Subdivision No. 1, City of Dubuque; and
• Lot 2 of Table Mound Mobile Home Park, City of Dubuque; and
• Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of Mineral Lot 483, City of
Dubuque; and
• Lot 1 of Mary Lou Place, City of Dubuque; and
• Lot 1 of Mcnamer Acres No. 1; and
• Lot 1 of Mcnamer Acres No. 3; and
• Lot 2 of Mcnamer Acres No. 3; and
• All that part of the Rockdale Road Right of Way lying South of the Easterly extension of
the North line of Lot 1 of Mary Lou Place and lying North of the Southern terminus of
the Rockdale Road Right of Way; and
• All that part of the Key West Drive Right of Way and the Us Highway 61 Right of Way
lying South of the Easterly and Westerly extension of the South line of Lot 2-1-1-1-3 of
Annie Waller Subdivision #2 and lying North of the Easterly and Westerly extension of
that part of Lot 1 of Mineral Lot 479 lying West of U.S. Highway 61, and
• All of the Manson Road Right of Way, in the City of Dubuque, Iowa; and
• Lot 1-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501; and
• All that part of the Kelly Lane Right of Way Lying North and West of the West line of Lot
4 of Old Mill Subdivision and its Northerly extension; and
• Lot 1-2, 1-2-1, 1-3-1, 2-1-1, 2-2-3-1, 2-2-2, 2-2-2-1 All in Mineral Lot 514; and
• Lot 10 Peg-O-Mesa Subdivision; and
• All that part of the Fremont Avenue Right of Way lying West and South of the South line
of Lot 14 in Block 1 of Birch Acres and its Northwesterly extension; and
• All that part of the Cedar Cross Road Right of Way lying South of the Chicago Central and
Pacific Railroad Company property in Section 27, T89N, R2E of the 5th P.M.; and
• All that part of the Chicago Central and Pacific Railroad Company property in Section 27,
T89N, R2E of the 5th P.M. lying East of the Westerly line of Lot 1 of Part of Lot 1-1 of
Mineral Lot 233 and its Northerly extension and lying West of the Westerly line of Lot 2-
2 of Mineral Lot 211A and its Northerly extension; and
• All that part of the Cedar Cross Road Right of Way lying South of the Southern Right of
Way line of U.S. Highway 20 (Dodge Street) and lying North of the Chicago Central and
Pacific Railroad Company property in Section 27, T89N, R2E of the 5th P.M.; and
• All that part of the U.S. Highway 20 (Dodge Street) Right of Way lying West of a line
connecting the Northwest corner of Lot 2-1-1-1 of Bartels Center Grove Place and the
Southeast corner of Lot 1 of Hardee's First Addition and lying East of the Chicago Central
and Pacific Railroad Company property in Section 28, T89N, R2E of the 5th P.M.; and
• All that part of the Chicago Central and Pacific Railroad Company property in Section 28,
T89N, R2E of the 5th P.M. lying East of the Easterly line of Lot 2 of West End Commercial
Subdivision #2 and its Southerly extension and lying West of the Westerly line of Lot 1 of
Clin-Que Inc Addition No. 2 and its Southerly extension; and
• All that part of the U.S. Highway 20 (Dodge Street) Right of Way lying South and West of
the Chicago Central and Pacific Railroad Company property in Section 28, T89N, R2E of
the 5th P.M. and North and East of the Northerly extension of West Lot line of Lot 6 of
Key City Subdivision; and
• Lot 6 of Key City Subdivision, Dubuque County Iowa; and
• All that part of West Key Drive Right of Way adjacent to Lot 6 of Key City Subdivision;
and
• All that part of Royal Wood Drive Right of Way lying South of the Southerly Right of Way
line of West Key Drive and North of the Northerly Right of Way line of North Cascade
Road; and
• Lot 1 of Lot 1 of the Southeast Quarter of the Northwest Quarter of Section 13, T88N,
R1E of the 5th P.M.; and
• All that part of the English Mill Road Right of Way lying South of the Northerly line of the
South 10 Acres of Lot 1 of the Southeast Quarter of the Northwest Quarter of Section 5,
T88N, R2E and its Easterly extension and lying North of the Northerly Right of Way line
of North Cascade Road; and
• All that part of the Northwesterly Half of the North Cascade Road Right of Way lying
South and West of the East line of Lot 1 of Dieters Place and its Northerly extension and
lying North and East of the West line of Lot 1-1 of Elizabeth Watter's Place and its
Northerly extension; and
• All that part of the North Cascade Road Right of Way lying South and West of the West
line of Lot 1-1 of Elizabeth Watter's Place and its Northerly extension and lying North
and East of the East line of Lot 1-1 of Dane Place and its Southerly extension; and
• All that part of the Southeasterly Half of the North Cascade Road Right of Way lying
South and West of the East line of Lot 1-1 of Dane Place and its Southerly extension and
lying North and East of the Easterly Right of Way line of U.S. Highway 20.
Prepared by Jill Connors. Economic Development. 50 W. 13th St.. Dubuaue, IA 52001. 563-589-4393
Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, 563-589-4100
RESOLUTION NO. 101-17-A
RESOLUTION NUNC PRO TUNC CORRECTING AND AMENDING A SCRIVENER'S
ERROR IN CERTAIN LEGAL DESCRIPTIONS INCLUDED IN THE URBAN RENEWAL
PLAN FOR THE SOUTH POINTE HOUSING URBAN RENEWAL DISTRICT
WHEREAS, by Resolution No. 101-17, adopted March 20, 2017, this Council
found and determined that certain areas located within the City and County are eligible
and should be designated as an urban renewal area under Iowa law, and approved and
adopted the Urban Renewal Plan (the "Urban Renewal Plan" or "Plan") for the South
Pointe Housing Urban Renewal Area (the "Urban Renewal Area" or "Area") described
therein; and
WHEREAS, the Urban Renewal Plan approved and adopted by Resolution No.
101-17 contained a scrivener's error in the legal description of the Urban Renewal Project
Area; and
WHEREAS, correcting the scrivener's error does not change the parcels of land
which were intended to be included in the Urban Renewal Area; and
WHEREAS, the Council has determined to adopt this resolution nunc pro tunc,
correcting the scrivener's error in the legal description of the Urban Renewal Project Area
contained in the Urban Renewal Plan for the Urban Renewal Area.
IOWA:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
Section 1. That the findings and conclusions set forth or contained in the Urban
Renewal Plan concerning the area of Dubuque County and the City of Dubuque, State of
Iowa, described in the preamble hereof and in Resolution No. 101-17, be and the same
are hereby ratified and confirmed in all respects as the findings of this Council for the
Urban Renewal Area with the exception of the amended legal description as set forth
below.
Section 2. The legal description of the Urban Renewal Project Area contained in
the Urban Renewal Plan approved and adopted by Resolution No. 101-17 on March 20,
2017, are hereby corrected, nunc pro tunc, to provide as set forth in the legal descriptions
of such area attached hereto as Attachment D.
Section 3. The attached Attachment D shall be substituted in lieu of the original
Attachment D contained in the Urban Renewal Plan.
Section 4. That all other provisions of the Urban Renewal Plan not affected or
otherwise revised by this resolution, as well as all resolutions previously adopted by this
City Council related to the Urban Renewal Plan be and the same are hereby ratified,
confirmed and approved in all respects.
Passed, approved and adopted this 17th day of Ap I, 2017.
Roy D. Buol,/layor
ATTEST:
Kevin Firnstail, Cityferk
./
Kevin Firnstahl
From:Kevin Firnstahl
Sent:Wednesday, April 19, 2017 1:35 PM
To:denise.dolan@dubuquecounty.us
Cc:Mary Habel; Jill Connors; Cynthia Kramer
Subject:Urban Renewal Correcting Resolutions and Ordinances
Attachments:Greater Downtown UR Correcting Resolution and Ordinance.pdf; South Pointe UR
Correcting Resolution and Ordinance.pdf; Derby Grange Rd UR Correcting Resolution
and Ordinance.pdf
Hi Denise,
Attached are copies of the Resolutions Nunc Pro Tunc and related ordinances correcting the legal descriptions for the
following Urban Renewal Areas.
Greater Downtown UR Area
South Pointe UR Area
Derby Grange Road UR Area.
I will drop off certified hard copies when I bring the ordinances down for recording – most likely on Thursday.
Please contact me if you have questions or difficulty with the attachments.
Thank you.
Kevin Firnstahl, City Clerk
City of Dubuque
th
50 W. 13 Street
Dubuque, IA 52001
563-589-4100
kfirnsta@cityofdubuque.org
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