Amendment to the Ice Harbor Urban Renewal District
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ORDINANCE NO. 97-00
AN ORDINANCE AMENDING ORDINANCE NO. 66-89, AND PROVIDING
THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH
YEAR ON ALL PROPERTY LOCATED WITHIN THE ICE HARBOR
URBAN RENEWAL DISTRICT, AS AMENDED, OF 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 THE
AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE ICE
HARBOR URBAN RENEWAL DISTRICT
WHEREAS, the City Council of the City of Dubuque, Iowa has heretofore, in
Ordinance No. 66-89, provided for the division of taxes within the Ice Harbor Urban
Renewal District, pursuant to Section 403.19 of the Code of Iowa; and
WHEREAS, additional territory now has been added to the Ice Harbor Urban
Renewal District; and
WHEREAS, indebtedness has been incurred by the City, and additional
indebtedness is anticipated to be incurred in the future, to finance urban renewal project
activities within the Ice Harbor Urban Renewal District, as amended, and the continuing
needs of redevelopment within the Ice Harbor Urban Renewal District, as amended, are
such as to require the continued application of the incremental tax resources ofthe Ice
Harbor Urban Renewal District; and
WHEREAS, the following enactment is necessary to accomplish the objectives
described in the premises.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA, THAT:
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Ordinance Number 66-89 is hereby amended to read as follows:
Section 1: For purposes of this Ordinance, the following terms shall have the
following meanings:
(a) Original Proiect Area shall mean that portion of the City of Dubuque,
Iowa described in the Urban Renewal Plan for the Ice Harbor Urban Renewal
District approved by Resolution No. 403-89 on December 18, 1989, which
Original Project Area includes the lots and parcels located within the area legally
described as follows:
that area generally bounded on the north by the public alley located
between the vacated Fourth Street and Third Street, on the west by the
Chicago, Central and Pacifj.c Railroad right-of-way, on the south by East
First Street and on the east by the municipal limits of the City of Dubuque,
Iowa and including any adjoining public right-of-way.
(b) Additional Project Area shall mean that portion of the City of
Dubuque, Iowa described as "Subarea B" in the Amended and Restated Urban
Renewal Plan for the Ice Harbor Urban Renewal District approved by Resolution
No. 241-00 on June 5, 2000, which Additional Project Area includes the lots and
parcels located within the area legally described as follows:
that area generally bounded on the north and west by the Chicago, Central
and Pacific Railroad right-of-way, on the south by the northerly boundary
of the Original Project Area and on the east by the municipal limits of the
City of Dubuque, Iowa (excluding Lot 1 Adams Co.'s 2nd Addition) and
including any adjoining public right-of-way
(c) Amended Project Area shall mean that portion of the City of Dubuque,
Iowa included within the Original Project Area and the Additional Project Area,
which Amended Project Area includes the lots and parcels located within the area
legally described as follows:
that area generally bounded on the north and west by the Chicago, Central
and Pacific Railroad right-of-way, on the south by East First Street and on
the east by the municipal limits of the City of Dubuque, Iowa and including
any adjoining public right-of-way.
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Section 2: The taxes levied on the taxable property in the Amended Project 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: As to the Original Project Area, 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 taxing property in the Original Project Area upon the total sum of the assessed
value of the taxable property in the Original Project Area as shown on the assessment roll
as of January 1, 1988, being the first day of the calendar year preceding the effective date
of Ordinance No. 66-89, shall be allocated to and when collected be paid into the fund
for the respective taxing district as taxes by or for said taxing district into which all other
property taxes are paid. The taxes so det~rmined shall be referred herein as the "base
period taxes" for such area.
As to the Additional Project Area, base period taxes shall be computed in the
same manner using the total assessed value shown on the assessment roll as of January 1,
1999, being the first day of the calendar year preceding the effective date of this
Ordinance.
Section 4: That portion of the taxes each year in excess of the base period taxes
for the Amended Project Area, determined for each sub-area thereof as provided in
Section 3 of this Ordinance, shall be allocated to and when collected be paid into the
special tax increment fund previously established by the City of Dubuque to pay the
principal of and interest on loans, monies advanced to, or indebtedness, whether funded,
refunded, assumed or otherwise, including bonds issued under authority of Section 403.9
or Section 403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance
or refinance, in whole or in part, urban renewal projects undertaken within the Amended
Project Area pursuant to the Amended and Restated Urban Renewal Plan for the
Amended Project Area, except that taxes for the payment of bonds and interest of each
taxing district shall be collected against all taxable property within the Amended Project
Area without any limitation as hereinabove provided.
Section 5: Unless or until the total assessed valuation of the taxable property in
the areas of the Amended Project Area exceeds the total assessed value of the taxable
property in said areas 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
Amended Project 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.
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. Section 6: At such time as the loans, monies advanced, bonds and interest thereon
and indebtedness of the City of Dubuque referred to in Section 4 hereof have been paid,
all monies thereafter received from taxes upon the taxable property in the Amended
Project 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 continue the division of taxes from property within the
Original Project Area under the provisions of Section 403.19 of the Code of Iowa, as
authorized in Ordinance No. 66-89, and to fully implement the\provisions of Section
403.19 of the Code of Iowa with respect to the division of taxes from property within the
Additional Project 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 Amended Project
Area and the territory contained therein.
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Section 8: This Ordinance shall be in effect after its final passage, approval and
publication as provided by law.
Read first time: November 6, 2000
Read second time: Wa i ved
Read third time: Wa i ved
PASSED AND APPROVED this 6th
day of November
2000.
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Ma or Pro-Tem
ATTEST:
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Ity Clerk
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PUBLISHED: November 13, 2000
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5/91
ORDINANCE CERTIFICATE
STATE OF IOWA )
) SS
COUNTY OF DUBUQUE )
I certify that Ordinance Number 97-00 , of which a true copy is attached,
was duly adopted by the City Council of the City of Dubuque, signed by the Mayor and
published as required by law and is now in effect. I further certify that the
consideration(s) and votes taken for the ~nactment of said Ordinance were as follows:
1. First consideration - Date: November 6, 2000
Vote: In favor 6 , Opposed 0
Absent or Abstain 1
2.
Second consideration - Date: l~a i ved
Vote: In favor , Opposed
Absent or Abstain
3. Final Consideration - Date: Wai ved
Vote: In favor , Opposed
Absent or Abstain
4. Publication Date: November 13, 2000
(Affidavit of Publication Attached)
The Ordinance was not considered on any date after its first consideration as
shown above when it did not receive an affirmative vote for passage.
On the date of November 6 , 2000, the City Council adopted a motion
for the suspension of the rule requiring separate consideration at three meetings and
voted the final adoption of the Ordinance. The vote for suspension of the rules was by a
three-fourths majority of the full City Council, voting 6 in favor, 0 opposed
and 1 absent, vacant or abstaining and was duly recorded.
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I further certify that each meeting for the consideration of the Ordinance was duly
and publicly held, with a notice of the meeting and tentative agenda naming the
consideration of the Ordinance timely posted and upon reasonable advance notice to the
media as required by the Chapter 21 of the Code of Iowa and rules of the Council then
governmg.
I further certify that the individuals named therein were on the date thereof duly
and lawfully possessed of their respective city offices as indicated therein, that no
Council vacancy existed except as may be stated in said proceedings, and that no
controversy or litigation is pending, prayed or threatened involving the incorporation,
organization, existence or boundaries of the City or the right of the individuals named
therein as officers to their respective positions.
WITNESS my hand and the seal qfsaid Municipality hereto affixed this 8th day
of November ,2000.
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(SEAL)
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12/94
CITY CLERK'S CERTIFICATION TO COUNTY AUDITOR
I hereby certify that attached hereto is a true and correct copy of the Tax
Increment Ordinance approved by the City Council of the City of Dubuque, Iowa,
designated as Ordinance Number 97-00 , entitled:
AN ORDINANCE AMENDING ORDINANCE NO. 66-89, AND PROVIDING
THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH
YEAR ON ALL PROPERTY LOCATED WITHIN THE ICE HARBOR
URBAN RENEWAL DISTRICT, AS AMENDED, OF 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, ~E 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 THE
AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE ICE
HARBOR URBAN RENEWAL DISTRICT
approved by the City Council on the6\fay of
on the 13th day of November
the records of the undersigned.
November ,2000, and duly published
,2000, the original of which is on file in
Dated this 8th day of
November 2000
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?-:&~z(4~/, /~0LcA:j#
rk of the City of Dubuque, Iowa
(CITY SEAL)
COUNTY AUDITOR'S CERTIFICATE
I, Den; se M. Dolan , County Auditor of Dubuque County, Iowa,
hereby certify that on the 9th day of November ,2000, there was filed
in my office a true and correct copy of the Tax Increment Ordinance of the City of
Dubuque, Iowa, Ordinance Number 97-00 , approved by the City Council on the
6th day of November , 2000, all duly certified upon the form attached
above.
:J}C/'!/Vl ;)-Z- !-/. !J J.-ea,tL-
County Auditor of Dubuque County, Iowa
(COUNTY SEAL)
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CITY OF DUBUQUE, IOWA
MEMORANDUM
November 2, 2000
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Amended Tax Increment Ordinance for the Ice Harbor Urban Renewal District
On June 5, 2000, the City Council approved an Amended and Restated Urban Renewal Plan for
the Ice Harbor Urban Renewal District which expanded the boundaries of the original district to
include the majority of the 4th Street Peninsula area. The use of tax increment financing is
proposed as an economic development financing tool in the expanded district.
Acting Community & Economic Development Director Pam Myhre is recommending the
adoption of an amended tax increment ordinance to allow the use of tax increment financing in
the expanded district.
. I concur with the recommendation and respectfully request Mayor and City Council approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Pam Myhre, Acting Community & Economic Development Director
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CITY OF DUBUQUE, IOWA
MEMORANDUM
October 31, 2000
TO:
FROM:
Pamela My
unity and Economic Development
SUBJECT: Amended Tax Increment Ordinance for the Ice Harbor Urban Renewal
District
Introduction
This memorandum transmits for City Council review and adoption an ordinance establishing an
amended tax increment financing district for the Ice Harbor Urban Renewal District. The
proposed ordinance and associated certifications were prepared by the City's bond counsel and
are attached to this memo.
Background
On June 5, 2000, the City Council approved an Amended and Restated Urban Renewal Plan for
the Ice Harbor Urban Renewal District which expanded the boundaries of the original district to
include the majority of the 4th Street Peninsula area. The use of tax increment financing is
proposed as an economic development financing tool in the expanded district.
Discussion
Adoption of the amended tax increment ordinance is needed to allow the use of tax increment
financing in the expanded district. The ordinance authorizes the City to establish a special fund
for the collection of a portion of the property tax revenues generated by new development
occurring within the expanded district. All taxable property located with the tax increment
district will continue to pay property taxes based upon the current tax levies and assessment
valuations. Tax revenues collected in excess of the base amounts will be used to assist in
financing future development projects within the district, including both public and private
development.
Adoption of the ordinance will continue the base valuation for the Original Project Area and set
the property valuation base for determining incremental tax revenue from the expansion area at
the level existing on January 1 st of the calendar year preceding the effective date ofthe
Ordinance. The amended and restated plan has set a thirty (30) year duration for implementation
of the plan.
Recommendation
I recommend that the City Council approve expansion of the tax increment financing area
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boundaries for the Ice Harbor Urban Renewal District. Tax increment financing is an important
tool for economic development and will be used to assist future public and private development
efforts in this key riverfront area.
Action Step
The action step is for the City Council to approve the amended tax increment ordinance attached
hereto.
attachments
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