Code of Ordinances Amendment_Dubuque Industrial Center South ED DistrictTHE CITY OF
Dui
Masterpiece on the Mississippi
Dubuque
band
AI- America City
11111r
2007 • 2012 • 2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Tax Increment Ordinance for the Dubuque Industrial Center Economic
Development District
DATE: January 30, 2014
Economic Development Director Maurice Jones is recommending City Council approval
of the tax increment ordinance for the Dubuque Industrial Center Economic
Development District.
This ordinance would amend a 2008 ordinance that authorizes the collection of a
portion of the property tax revenues generated by new development occurring within the
four established subareas (Subarea A- Subarea D) of the District. Adoption of the
proposed tax increment ordinance will establish the use of tax increment financing in
Subarea E as well. All taxable property located within the Dubuque Industrial Center
Economic Development District will continue to pay property taxes based upon current
tax levies and assessment valuations. Tax revenues collected in excess of the base
amounts of each subarea will be used to assist in financing future development projects
across the District, including both public and private development. As a result of the
ordinance, Subarea E will be assigned a base valuation date of January 1, 2013, being
the first day of the calendar year preceding the effective date of this ordinance.
This ordinance was not brought to the City Council immediately after the amendment of
the Urban Renewal Plan in March 2011 as there was no need to collect tax increment
revenue at the time. Furthermore, Iowa law requires Economic Development districts,
or subareas, sunset or reset their base value after 20 years.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Maurice Jones, Economic Development Director
2
Masterpiece on the Mississippi
TO: Michael Van Milligen, City Manager
FROM: Maurice Jones, Economic Development Director
SUBJECT: Tax Increment Ordinance for the Dubuque Industrial Center
Economic Development District
DATE: January 30, 2014
Dubuque
bLetri
All-America City
1 I
2007 • 2012 •2013
Introduction
This memorandum transmits for City Council review and adoption an ordinance
amending the tax increment financing district for the Dubuque Industrial Center
Economic Development District. The proposed ordinance was reviewed by the City's
bond counsel and is attached to this memo.
Background
On March 7, 2011 the City Council approved an amended and restated Urban Renewal
Plan for the Dubuque Industrial Center Economic Development District to include
Subarea E, approximately 175 acres of farmland known as South Siegert Farm. The
area was acquired by the City in 1997 and leased for agricultural purposes until March
1, 2012, when a need for additional commercial and industrial space was identified.
Later in the year professional engineering, deconstruction, and grading and utilities
contracts were approved by the City for the development of the property. In 2013, a
paving and utilities contract was awarded for the creation of a new road. On October
28, 2013, a ribbon cutting was held for the new Dubuque Industrial Center South,
signifying that approximately 110 acres of land were eligible for sale and private vertical
development.
The City is negotiating a Development Agreement with TriState Quality Metals of
Peosta, for the sheet metal fabricator to be the first business on the site. In addition to
the terms of the land sale, the Development Agreement will provide a 10 -year property
tax rebate to the company through tax increment financing (TIF). In order for TriState
Quality Metals to benefit from the rebates, the associated tax increment ordinance
needs to be updated to allow for TIF collection in Subarea E.
Discussion
This ordinance would amend a 2008 ordinance that authorizes the collection of a
portion of the property tax revenues generated by new development occurring within
the four established subareas (Subarea A- Subarea D) of the District. Adoption of the
proposed tax increment ordinance will establish the use of tax increment financing in
Subarea E as well. All taxable property located within the Dubuque Industrial Center
Economic Development District will continue to pay property taxes based upon current
tax levies and assessment valuations. Tax revenues collected in excess of the base
amounts of each subarea will be used to assist in financing future development projects
across the District, including both public and private development. As a result of the
ordinance, Subarea E will be assigned a base valuation date of January 1, 2013, being
the first day of the calendar year preceding the effective date of this ordinance.
This ordinance was not brought to the City Council immediately after the amendment of
the Urban Renewal Plan in March 2011 as there was no need to collect tax increment
revenue at the time. Furthermore, Iowa law requires Economic Development districts,
or subareas, sunset or reset their base value after 20 years.
Recommendation
I recommend that the City Council approve the tax increment ordinance for the
Dubuque Industrial Center Economic Development District. Tax increment financing is
an important tool for the economic development success of the Dubuque Industrial
Center, including the new Dubuque Industrial Center South.
Action Step
The action step is for the City Council to approve the amended tax increment ordinance
attached hereto.
attachment
F: \USERS \Econ Dev \Urban Renewal \Dubuque Industrial Center UR District\20130130 Urban Renewal Ordinance Memo.docx
Prepared by Phil Wagner, City of Dubuque, 50 W. 13th St., Dubuque, IA 52001, 563- 589 -4393
Return to Kevin Firnstahl, City of Dubuque, 50 W. 13th St., Dubuque, IA 52001, 563 - 589 -4121
ORDINANCE NO. 10 -14
AN ORDINANCE AMENDING ORDINANCE NO. 70 -08, PREVIOUSLY AMENDED,
PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH
YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED
DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN
RENEWAL AREA 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 DUBUQUE
INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL
REDEVELOPMENT PROJECT
WHEREAS, the Amended and Restated Urban Renewal Plan for the Dubuque
Industrial Center Economic Development District Urban Renewal Project Area
described in Resolution No. 130 -88 was adopted on May 2, 1988 and was thereafter
amended and restated by Resolution No. 484 -90 on December 17, 1990, Resolution
No. 142 -97 on April 7, 1997, Resolution No. 478 -97 on November 17, 1997, Resolution
No. 15 -08 on January 7, 2008, Resolution No. 101 -08 on March 17, 2008, Resolution
No. 109 -08 on April 7, 2008, Resolution No. 87 -11 on March 7, 2011 and Resolution
171 -13 on June 3, 2013; and
WHEREAS, the City Council of the City of Dubuque, Iowa originally provided for
the division of taxes pursuant to Section 403.19 of the Code of Iowa within the Dubuque
Industrial Center Economic Development District Urban Renewal Project Area in
Ordinance No. 26 -88 passed and approved on May 2, 1988 and thereafter amended
and restated by Ordinance No. 63 -88 on December 5, 1988, by Ordinance No. 66 -97
on November 17, 1997, and by Ordinance No. 70 -08 on October 20, 2008; 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 Amended and Restated Dubuque Industrial Center Economic
Development District, and the continuing needs of redevelopment within the Amended
and Restated Dubuque Industrial Center Economic Development District are such as to
require the continued application of the incremental tax resources of the Amended and
Restated Dubuque Industrial Center Economic Development 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:
Ordinance Number 70 -08 is hereby amended to read as follows:
Section 1: For purposes of this Ordinance, the following terms shall have the
following meanings:
(a) Original Project Area shall mean that portion of the City of Dubuque,
Iowa described in the Urban Renewal Plan for the Dubuque Industrial Center
Economic Development District Urban Renewal Area approved by Resolution
No. 130 -88 on May 2, 1988, and subsequently amended by Resolution No. 484-
90 on December 17, 1990, which Original Project Area includes the lots and
parcels located within the area now legally described as follows:
All of the Dubuque Industrial Center First, Second, Third, Fourth, Fifth,
Sixth, Seventh, Eighth, Ninth, Tenth and Eleventh Additions and the
adjoining public right -of -way, all in the City of Dubuque, Dubuque County,
Iowa.
The Original Project Area is referred to as "Subarea A" in the Urban Renewal
Plan hereinafter described.
(b) Subarea B shall mean that portion of the City of Dubuque, Iowa
described as Subarea B in the Amended and Restated Urban Renewal Plan for
the Dubuque Industrial Center Economic Development District Urban Renewal
Area approved by Resolution No. 478 -97 on November 17, 1997, and
subsequently amended by Resolution No. 15 -08 on January 7, 2008, which
Subarea B includes the lots and parcels located within the area legally described
as follows:
Lots 1, 3, 4, 1 of 5, 6 and H of Dubuque Industrial Center West; and
Lots 1, 2, 3, 4, 5, 6, 7, 8, and C of Dubuque Industrial Center West 2nd
Addition; and
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Lots 1, 2, 3, 4, B, and C of Dubuque Industrial Center West 4th Addition;
and
Lots 1 of 1, 1 of 2, 2 of 2, 1 of 3, 2 of 3, 1 of 5, A, C, and D of Dubuque
Industrial Center West 5th Addition; and
Lots 1, 2, and A of Dubuque Industrial Center West 6th Addition; and
Lots 1, 1 of 2, and 2 of 2 of Dubuque Industrial Center West 7th Addition;
and
Lot 2 of 1 of the Southwest Quarter of the Southwest Quarter and Lot 2 of
1 of the Southeast Quarter of the Southwest Quarter all in Section 30,
Township 89 North, Range 2 East, 5th Principal Meridian;
and all that part of a 100 - foot -wide strip of the Chicago Central Pacific
Railroad right -of -way lying in the SE 1/4 of Section 30, the SE 1/4 of the
SW 1/4 of Section 30, the NW 1/4 of Section 31, and the NE 1/4 of
Section 31 all in T89N, R2E, of the 5th P.M. Dubuque County, Iowa, the
centerline of which is more particularly described as follows: beginning at
a point of intersection with the easterly line of the SE 1/4 of Section 30,
T89N, R2E, of the 5th P.M., thence southwesterly along the centerline of
said railroad 2,700 feet, more or less a point of intersection with the
westerly line of the SE 1/4 of said Section 30; thence southwesterly
continuing along said centerline 845 feet, more or less, to a point where
the railroad right -of -way widens to 200 feet, said point being the terminus
of this description; and
all that part of a 100 - foot -wide strip of the Chicago Central Pacific Railroad
right -of -way lying in the Balance of Lot 1 of 1 of the Southwest Quarter of
the Southwest Quarter in Section 29, Township 89 North, Range 2 East,
5th Principal Meridian; and
any adjoining public street right -of -way all in the City of Dubuque,
Dubuque County, Iowa.
(c) Subarea C shall mean that portion of the City of Dubuque, Iowa
described as Subarea C in the Amended and Restated Urban Renewal Plan for
the Dubuque Industrial Center Economic Development District Urban Renewal
Area approved by Resolution No. 101 -08 on March 17, 2008, which Subarea C
includes the lots and parcels located within the area legally described as follows:
Lot 1 -1 NW 1 /4 -NE 1/4; Lot 2 of E 10 acres NE 1 /4 -NW 1/4; Lot 2 -1 NW
1 /4 -NE 1/4; Lot 2 NW 1 /4 -NE 1/4; Lot 1 E 1/4 NE 1 /4 -NW 1/4; W 3/4 NE
1 /4 -NW 1/4; Lot 2 -1 SE 1 /4 -NW 1/4; Lot 1 -1 SE 1 /4 -NW 1/4; and the SW
1 /4 -NE 1/4 all in Section 30, Township 89 North, Range 2 East, 5th
Principal Meridian; and any adjoining public street right -of -way in the City
of Dubuque, Dubuque County.
(d) Subarea D shall mean that portion of the City of Dubuque, Iowa
described as Subarea D in the Amended and Restated Urban Renewal Plan for
the Dubuque Industrial Center Economic Development District Urban Renewal
Area approved by Resolution No. 109 -08 on April 7, 2008, which Subarea D
includes the lots and parcels located within the area legally described as follows:
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Lot 4 of Dubuque Industrial Center West 5th Addition, and Lot B of
Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa.
(e) Subarea E shall mean that portion of the City of Dubuque, Iowa
described as Subarea E in the Amended and Restated Urban Renewal Plan for
the Dubuque Industrial Center Economic Development District Urban Renewal
Area approved by Resolution No. 87 -11 on March 7, 2011, which Subarea E
includes the lots and parcels located within the area legally described as follows:
All of Lot 1 of 1 and Lot 1 of 2 of the South Fork Subdivision No. 1,
including any adjoining public street right -of -way to said Tots, all in the City of
Dubuque, Dubuque County, Iowa, and; all of Seippel Road right of way from the
north boundary line of Lot 1 of 1 of South Fork Subdivision No. 1 in the City of
Dubuque, to the south boundary lines of Lot H of Dubuque Industrial Center
West and Lot 1 of Dubuque Industrial Center West 2nd Addition in the City of
Dubuque, Dubuque County, Iowa, including crossings at the intersections of Old
Highway Road and Chicago Central & Pacific Railroad rights -of -way.
(f) Amended Project Area shall mean that portion of the City of Dubuque,
Iowa included within the Original Project Area, Subarea B, Subarea C, Subarea
D, and Subarea E each as described in this Section.
(g) Urban Renewal Plan shall mean the Amended and Restated Urban
Renewal Plan adopted for the Amended Project Area by Resolution No. 171 -13
on June 3, 2013, and any subsequent amendments that may occur.
Section 2: The taxes levied on the taxable property in the Amended Project Area,
and each subarea thereof, 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, 1987, being the first day of the calendar year preceding the
effective date of Ordinance No. 26 -88, 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 determined shall be referred
herein as the "base period taxes" for such Subarea.
As to Subarea B, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 1996, being the
assessment roll applicable to property in such Subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 66 -97.
4
As to Subarea C, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2007, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 70 -08.
As to Subarea D, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2007, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 70 -08.
As to Subarea E, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2013, being the
assessment roll applicable to property in such subarea as of January 1 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 Urban Renewal Plan, except that
taxes for the regular and voter - approved physical plant and equipment levy of a school
district imposed pursuant to Section 298.2 of the Code of Iowa and taxes for the
instructional support program of a school district imposed pursuant to Section 257.19
(but in each case only to the extent required under Section 403.19(2)), taxes for the
payment of bonds and interest of each taxing district, and taxes imposed under Section
346.77 (22) related to joint county -city buildings, 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 subareas of the Amended Project Area exceeds the total assessed value of the
taxable property in said subareas 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.
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
-5-
shall be construed so as to continue the division of taxes from taxable property in the
Amended Project Area under the provisions of Section 403.19 of the Code of Iowa, as
authorized in Ordinance No. 70 -08, and to fully implement the division of taxes in
Subarea E of the Amended Project Area. 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 subareas contained therein.
Section 8: This Ordinance shall be in effect after its final passage, approval and
publication as provided by law.
Passed, approved and adopted the 3rd day of February, 2014.
Attest:
.4 I P)..;/ ri
Kevir'S. Firnstahl, Cit "perk
Published officially in the Telegraph Herald newspaper on the 7th day of February, 2014.
/s /Kevin S. Firnstahl, City Clerk
Roy D. Buol, Mayor
1t 2/7
Read first time: February 3, 2014
Read second time: February 3, 2014
Read third time: February 3, 2014
PASSED AND APPROVED: February 3, 2014
PUBLISHED: February 7, 2014
F: \USERS \Eton Dev \Urban Renewal \Dubuque Industrial Center UR District\20140129 Urban renewal ordinance.doc
6
Masterpiece on the Mississippi
Mr. Rick Engelken
City Assessor
Dubuque Co. Courthouse
720 Central Avenue
Dubuque, IA 52001
Dubuque
MI-America City
I
2007 • 2012 •2023
Ms. Denise Dolan
Dubuque Co. Auditor
Dubuque. Co. Courthouse
720 Central Avenue
Dubuque, IA 52001
City Clerk's Office
City Hall
50 W. 13th Street
Dubuque, IA 52001 -4864
(563) 589 -4120 office
(563) 589 -0890 fax
ctyclerk@cityofdubuque.org
www.cityofdubuque.org
February 6, 2014
Dubuque Community Schools
Attn. School Board
2300 Chaney Road
Dubuque, IA 52001
Re: City of Dubuque Ordinance No. 10 -14 Re: Dubuque Industrial Center
Economic Development District Urban Renewal Project
For your records, enclosed is a certified copy of City of Dubuque Ordinance No. 10 -14
adopted by the City Council at the February 3, 2014 regular session.
AN ORDINANCE AMENDING ORDINANCE NO. 70 -08, PREVIOUSLY AMENDED, PROVIDING THAT
GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED
WITHIN THE AMENDED AND RESTATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT
DISTRICT URBAN RENEWAL AREA 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 DUBUQUE INDUSTRIAL CENTER ECONOMIC
DEVELOPMENT DISTRICT URBAN RENEWAL REDEVELOPMENT PROJECT
Please contact me if you have any questions.
Thank you.
Ke 'n S. Firnstahl,
City Clerk
Enclosure: Ordinance No. 10 -14
cc: Maurice Jones, Economic Development Director
Phil Wagner, Assistant Economic Development Director
ale
i►ii►ii►►O1►1► 1e►►11► ►1►13111 II ll11►►1 1111 II
Doc ID: 007918200009 Type: GEN
Kind: RESTRICTIVE COVENANTS
Recorded: 02/05/2014 at 01:01:02 PM
Fee Amt: $47.00 Page 1 of 9
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
Fi1e2014-0000114
7
Prepared by: Phil Wagner,Assistant Economic Development Director,Dubuque,Iowa 52001 Phone:563-589-4393
Return to Preparer
DUBUQUE INDUSTRIAL CENTER SOUTH FIRST
ADDITION
STATE OF IOWA } DECLARATION OF COVENANTS,
}ss: CONDITIONS, RESTRICTIONS,
COUNTY OF DUBUQUE } RESERVATIONS, EASEMENTS,
LIENS AND CHARGES
The City of Dubuque, Iowa, ("City") hereby makes THIS DECLARATION OF
COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS,
LIENS AND CHARGES on this 3rd day of February, 2014.
BACKGROUND
City is the owner of certain property in Dubuque, County of Dubuque, State of Iowa,
which is described as Dubuque Industrial Center South Lots 1, 2, 3, 4, 5, A, B, C,
Dubuque Industrial Center South First Addition (the Properties).
City now desires to establish Declaration of Covenants, Conditions, Restrictions,
Reservations, Easements, Liens and Charges as provided in Article II thereof.
City hereby adopts this Declaration of Covenants, Conditions, Restrictions,
Reservations, Easements, Liens and Charges as hereinafter set forth, which shall
be binding upon City's successors and assigns.
DECLARATION
The following provisions are set forth to guide the development and provide a
format for the ongoing management of Dubuque Industrial Center South. It is the
objective of these provisions to set forth minimum standards and restrictions to
create an industrial center that emphasizes the general appearance and aesthetics
of the center. Specifically, these provisions intend to emphasize a continuity and
compatibility of exterior appearance through building facades, landscaping and
121013baI Cr.ty '��,t
other exterior features.
City hereby declares that all of the Properties described herein shall be held,
sold and conveyed subject to the following covenants, conditions, restrictions,
reservations, easements, liens and charges, all of which are for the purpose of
enhancing and protecting the value, desirability and attractiveness of said real
property. These covenants, conditions, restrictions, reservations, easements, liens
and charges shall run with the land and shall be binding on all parties having or
acquiring any right, title or interest in the Properties herein described or any part
thereof, and shall inure to the benefit of each owner thereof.
ARTICLE I. DEFINITIONS
SECTION 1. "Properties" shall mean and refer to each and every parcel,
and all portions thereof, of the real property herein before described and such
additions thereto as may be hereafter added.
SECTION 2. "Lot" shall mean and refer to any plot of land, except Public
Areas and public rights-of-way, shown upon any recorded Subdivision Plat of the
Properties.
SECTION 3. "Owner" shall mean and refer to the record titleholder,
whether one or more persons or entities, of fee simple title to any Lot which is a part
of the Properties, including contract sellers, but excluding those having such interest
merely as security for the performance of an obligation.
SECTION 4. "Public Areas"shall mean and refer to the landscaped areas,
recreational trail, park lands and lake areas as identified by the exhibit attached, -
and such additions thereto as may be hereafter added—and hereby made a part of
this Declaration the ownership of which shall be retained by the City of Dubuque.
The Public Areas shall be open to the public for the use and enjoyment of the
public.
ARTICLE II. ANNEXATION OF ADDITIONAL PROPERTY
At any time within twenty-five (25) years from the date hereof, City may, by
instrument duly executed and recorded, add additional land to the Properties.
ARTICLE III. PUBLIC AREAS
City shall cause the construction of such improvements as City deems
appropriate in the Public Areas. Maintenance and repair of the Public Areas and its
improvements shall be the responsibility of City with fifty percent (50%) of costs of
such maintenance and repair assessed to and paid by the Owners. Private
2
connections to the Public Areas and the subsequent maintenance and repair of
such private connections shall be the responsibility of each Owner and shall not be
constructed without the prior written approval of City.
ARTICLE IV. MAINTENANCE ASSESSMENTS
SECTION 1. City shall levy against the Properties in each assessment year
an annual assessment for the purpose of paying fifty percent (50%) of the actual
costs of City' s maintenance and repair of the Public Areas. Said assessment may
also include the establishment of a capital improvements reserve fund for such
purposes. Upon establishment of such assessment levy, each Owner shall pay to
City a pro rata share (as hereinafter defined) of such assessment levy.
SECTION 2. If such pro rata share is not paid within thirty (30) days after
its due date, the amount of such pro rata share shall become a lien upon the Lot
obligated to pay the same and shall bear interest from the due date at the highest
legal contract rate applicable to a natural person. City may bring an action at law
against any Owner obligated to pay the same, or foreclose the lien against the Lot.
The Owner shall also be obligated to City for City's costs and reasonable attorney's
fees of any collection efforts. No Owner may waive or otherwise avoid liability for an
assessment provided herein by non-use of the Public Areas or abandonment of a
Lot.
SECTION 3. An Owner's pro rata share shall be equal to a fraction, the
numerator of which shall be the gross square feet area of the Lot or Lots owned by
the Owner and the denominator of which shall be the gross square feet area of the
Properties as of the date of the annual assessment exclusive of the Public Areas
and public rights-of-way.
ARTICLE V. ARCHITECTURAL CONTROL
SECTION 1. General Requirements. No building, fence, wall or other
structure, including signage, shall be commenced, or erected upon any Lot nor shall
any exterior addition to or change or alteration therein be made nor shall any
landscaping be performed nor shall any filling, grading or excavation be
commenced until the plans and specifications showing the nature, kind, shape,
height, materials, colors and location of the same shall have been submitted to and
approved in writing by the City Manager as to harmony of external design and
location in relation to surrounding structures and topography.
SECTION 2. Construction Materials. The use of appropriate exterior
building materials shall be required to enhance the overall appearance of Dubuque
Industrial Center South. One or more of the following durable, high quality materials
shall be used as the construction material of all exterior building walls or structures:
brick, stone, concrete panels, textured concrete block, fascia glass, architectural
3
metal, exterior insulating finish systems (EIFS), wood or other approved material.
SECTION 3. Landscaping Features. Landscape plans shall be reviewed
by the City Manager to ensure a compatible design that relates the new
development to its surroundings, including its relationship to adjoining private Lots
and Public Areas. The Planned Unit Development (PUD) ordinance for the
Dubuque Industrial Center South provides for minimum landscaping requirements;
however, approval of a plan may require additional landscaping elements to be
incorporated in the planting scheme based on the specific Lot location, type and
location of structures on the Lot or adjacent developments.
SECTION 4. Exterior Storage. The requirements of the PUD ordinance
for the Dubuque Industrial Center South shall be controlling.
SECTION 5. Postal Service. A centralized postal delivery station will be
installed in the Public Areas to provide individual mail boxes for businesses located
in the Dubuque Industrial Center West. No other mail box or receptacle of any kind
shall be allowed on any Lot or upon the public right-of-way.
ARTICLE VII. GENERAL PROVISIONS
SECTION t It shall be the responsibility of each Owner to maintain and
repair public sidewalk surfaces on the Owner's Lot and the adjoining public right-
of-way and to keep the same free and clear of ice, snow, defects or nuisances.
SECTION 2. The Owner of any Lot, vacant or improved, shall maintain the
Lot at all times in clean, safe, orderly and sanitary condition. Plant material and
lawn areas shall be continually maintained in a manner consistent with the growing
requirements and characteristics of each planted species.
SECTION 3. Erosion control shall be the responsibility of the Owner of
each Lot during any and all construction periods. Each Owner shall maintain at all
times the cleanliness of any public rights of way impacted by construction material,
including but not limited to mud, dirt, mulch or any other material or debris
associated with the construction. Clean up shall occur on not less than 'a daily
basis.
SECTION 4. City shall have the right to enforce, by any proceeding at law
or in equity, all restrictions, conditions, covenants, reservations, easements, liens
and charges now or hereafter imposed pursuant to the provisions of this
Declaration. Failure by City to enforce any of said covenants or restrictions shall not
be deemed a waiver of the right to do so thereafter, nor shall it be construed as an
act of acquiescence or approval on the part of City.
SECTION 5. Invalidation of any one of the provisions of this Declaration by
court judgment or order shall neither effect nor invalidate any other provision, and
4
the same shall remain in full force and effect.
SECTION 6. Any firm, person, corporation or other entity which shall
succeed to title to any Lot through foreclosure of a mortgage or other security
instrument or through other legal proceedings, shall succeed to and be bound by
the rights, duties and liabilities of the previous Owner as herein provided.
SECTION 7. The covenants and restrictions of this Declaration shall run
with the land and shall inure to the benefit of and be enforceable by City, or the
Owner of any Lot subject to this Declaration, the Owner's legal representatives,
heirs, successors and assigns, for a term of 21 years from the date of the recording
of this Declaration. City or any other interested party may, prior to the expiration of
these covenants, file a verified claim pursuant to Iowa Code Section 614.24 to
extend these covenants for an additional 21 years.
SECTION 8. This Declaration may be amended by an instrument signed by
City and Owners of not less than 80 percent of the Properties by area. Any
instrument amending, modifying or canceling this Declaration shall not take effect
until its recording.
SECTION 9. In the event any Owner fails or neglects to perform its rights,
duties and obligations in accordance with the intents, purposes and provisions of
this Declaration, City may take such further action as may be necessary, from time
to time, to ensure that the objects and purposes of this Declaration are fulfilled.
CITY OF DUB QUE, IOWA
B 0
Y•
Roy D. 1 uol, Mayor
Attest: 111P,,---//% j j�
Ke in . Firnsta I, City lerk
5
STATE OF IOWA )
SS
COUNTY OF DUBUQUE )
On this 3rd day of February, 2014, before me a Notary Public in and for said
County, personally appeared Roy D. Buol and Kevin S. Firnstahl to me personally
known, who being duly sworn, did say that they are the Mayor and City Clerk,
respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and
existing under the laws of the State of Iowa, and that the seal affixed to the
foregoing instrument is the seal of said Municipal Corporation, and that said
instrument was signed and sealed on behalf of said Municipal Corporation by
authority and resolution of its City Council and said Mayor and City Clerk
acknowledged said instrument to be the free act and deed of said Municipal
Corporation by it voluntarily executed.
$ M� ii ,lssion Number 719986 2Cai
,p a My Commission Expires v✓J_, ci (Zao
�
Notary Public in and for Dubuque County, Iowa
6
•
Prepared by: Phil Wagner,Assistant Economic Development Director Address: City Hall,50 W.13th St.Telephone: 589-4210
Return to: Kevin S.Firnstahl,City Clerk Address: City Hall-50 W.13'h St Telephone:589-4121
RESOLUTION NO. 22-14
ADOPTING THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS,
RESERVATIONS, EASEMENTS, LIENS AND CHARGES FOR DUBUQUE INDUSTRIAL
CENTER SOUTH, FIRST ADDITION.
Whereas, the City acquired approximately 175 acres of farmland known as the
South Siegert Farm in 1997; and
Whereas, the City began grading, utilities, and paving work of the South Siegert
Farm in 2012 to create Dubuque Industrial Center South; and
Whereas, site work at Dubuque Industrial Center South is nearing completion; and
Whereas, a company has expressed interest in acquiring property from the City for
expansion of its business; and
Whereas, a Declaration of Covenants, Conditions, Restrictions, Reservations,
Easements, Liens, and Charges will guide the development of the property, establish
minimum standards, and provide a format for the ongoing management of Dubuque
Industrial Center South, First Addition.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Declaration of Covenants, Conditions, Restrictions, Reservations,
Easements, Liens and Charges is hereby approved and shall govern Dubuque Industrial
Center South, First Addition.
Section 2.The Mayor and City Clerk are hereby authorized and directed to endorse
the approval for the City of Dubuque, Iowa on the Declaration of Covenants, Conditions,
Restrictions, Reservations, Easements, Liens and Charges.
Passed, approved and adopted this 3rd day of February 2014.
9L1
Roy D. Buol, Mayor
Attest:
Z� Al
Kevin :. Firnstahl, ity C 'rk
F:\USERS\Econ Dev\DICS\20140203 Resolution on Covenants.doc
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, 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 Resolution No. 22-14 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 4th day of February, 2014.
Al
OP. / Or5t#
;,, i,, Kevin •. -irnstahl, MC, ity Clerk
�N oac aA�
o •(SEAL)
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I
lic right-of-way, all in sections of Old High- Section 6: At such
the City of Dubuque, way Road and Chicago time as the loans,mon-
Dubuque County,Iowa. Central & Pacific Rail- ies advanced, bonds
The Original Project road rights-of-way. and interest thereon
Area is referred to as (f) Amended Project and indebtedness of
"Subarea A" in the Ur- Area shall mean that the City of Dubuque re-
ban Renewal Plan portion of the City of ferred to in Section 4 •
hereinafter described. Dubuque, Iowa includ- hereof have been paid,.
(b) Subarea B shall ed within the Originalall monies thereafter
mean that portion of Project Area, Subarea received from taxes
the City of Dubuque, B,Subarea C, Subarea upon the taxable prop-.
Iowa described as D,and Subarea E each erty in the Amended
Subarea 'B in the as described in+this Project Area shall be
Amended and Restated Section. paid into the funds for
- Urban Renewal Plan for (g) Urban Renewal the respective taxing
the Dubuque Industrial Plan shall •mean the districts in the same
Center Economic De- Amended and Restated manner as taxes bn all
velopment District Ur- Urban Renewal Plan other property.
ban Renewal Area ap- adopted for the Section 7:All ordinan-
proved by Resolution Amended Project Area ces or parts of ordinan-
No. 478-97 on Novem- by Resolution No. 171-, ces in conflict with the
ber 17, 1997, and sub- 13 on June 3,2013,and provisions of this Ordi-
sequently amended by any subsequent amend- nance are hereby re-
•
Resolution No.15-08 on ments that may occur. pealed. The provisions
January 7,2008,which Section 2:The taxes of this Ordinance are
Subarea B includes the levied on the taxable . intended and shall be
lots and parcels,Iocat- property in the Amend- construed so as to con-
ed within the area le ed Project Area, and tinue the division of
gaily described as fol- each subarea thereof, taxes from taxable
in the Amend-
, ,
lows: legally-
1,3,4,1 of 5,6 Section describedheeoby in ed Project Area under •
•
and H of Dubuque In- and for the benefit of the provisions of Sec-
dustrial Center Vest; the State of Iowa,City tion 403.19 of the Code
and` df Dubuque,County of of Iowa, as authorized
Lots 1,2,3,4,5,6,7,8, 'Dubuque, Dubuque in Ordinance No.70-08,
and C of Dubuque In- Community,School Dis- and to fully implement
dustrial Center West trict,and all other tax- the division of taxes in
2nd Addition;and ing districts from and Subarea E of the
Lots 1,2,3,4,B,and C after the'effective date Amended Project Area.
of Dubuque Industrial of this Ordinance shall In the event that any
Center'West 4th Addi- be divided as herein- provision of this Ordi-
,.tion;and after in this Ordinance "nance shall be deter- ,
Lots 1 of 1,1 of 2,2 of provided. mined to be contrary to
2,1 of 3,2 of 3,1 o 5, Section 3: As to the law it shall not affect
A,C,and D of Dubuque Original Project Area, other provisions or ap-
--
p-__ Industrial Center West that portion of the tax- plication of this Ordi-
OFFICIAL 5th Addition;and es which would be pro- nance which shall at all
PUBLICATION Lots 1,2,and A-of Du- duced by the rate at ,times be construed to
ORDINANCE NO.10-14 buque Industrial Cen- which the,tax is levied fully invoke the provi-
AN ORDINANCE ter West 6th Addition; each year by or for sions of Section 403.19
AMENDING ORDI- and each of the taxing dis- of the Code of Iowa
NANCE NO. 70-08, Lots 1,1 of 2,and 2 of tricts taxing property with reference to the
PREVIOUSLY AMEND- 2 of Dubuque Industrial in the Original Project Amended Project Area
ED,PROVIDING THAT Center West 7th Addi- Area upon the total and the subareas con-
GENERAL PROPERTY tion;and sum of the assessed tamed therein.
TAXES LEVIED AND Lot 2 of 1 of the value of the taxable Section 8:This Ordi- CC��
COLLECTED EACH Southwest Quarter of property in the Original nance shall be in effect STATE OF IOWA {►7S.
YEAR ON ALL PROP- the Southwest Quarter Project Area as shown- after its final-passage,
ERTY LOCATED and Lot 2 of 1 of the on the assessment roll approval and publica-
WITHIN THE AMEND- Southeast Quarter of as of January 1, 1987, tion as provided by DUBUQUE COUNTY
ED AND RESTATED the Southwest Quarter being the first day of law.
DUBUQUE INDUSTRI- all in Section 30,Town- the calendar year pre- PASSED, APPROVED
AL CENTER ECONOM- ship 89 North,Range 2 ceding the effective AND ADOPTEDthe 3rd
IC DEVELOPMENT East, 5th Principal date of Ordinance No. day of February,2014.
DISTRICT URBAN RE- Meridian; . 26-88,shall be al locat- /s/Roy D.Buol,Mayor
NEWAL AREA OF THE and all that part of a ed to and when collect- Attest:/s/Kevin S. CERTIFICATION OF PUBLICATION
CITY OF DUBUQUE, 100-foot-wide strip of ed be paid into the Firnstahl,City Clerk
COUNTY OF DUBU- the Chicago . Central fund for the respective Published officially in
QUE,STATE OF IOWA, Pacific Railroad right- taxing district as taxes the Telegraph Herald-
BY AND FOR THE of-way lying in the SE by or for said taxing newspaper on the 7th
BENEFIT OF THE 1/4 of Section 30, the district into which all day of February,2014.
STATE OF IOWA,CITY SE 1/4
4of the n 30,the NW 1of otherpaid.property
opetaxes taxes
xes /s/Kevin S.Fitn C girl,
SE
OF DUBUQUE, COUN- of Section 31, and the determined shall be re It 2/7 ISuzanne
, SuzPike, a Billing Clerk for Woodward Communications, Incan Iowa
TY OF DUBUQUE,DU- NE 1/4 of Section 31 all ferred herein as the .,
_ _ corporation,publisher of the Telegraph Herald,a newspaper of general circulation
SCHOCOMMUNITY in T89N,R2E,of the 5th "base period taxes"for
SCHOOL DISTRICT, P.M. Dubuque County, such Subarea. published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
AND OTHER TAXING Iowa,the centerline of As to Subarea B,base
DISTRICTS, BE PAID which is more particu- period taxes shall be certify that the attached notice was published in said newspaper on the following
FOA SPECIAL
NFUND larly described as fol- computed in the same
PRINCIPAL AND --
POR PAYMENT' IN-OF lows: beginning at a manner using the total dates: February 07, 2014, and for which the charge is $147.92.
TEREST ON LOANS, point of intersection assessed value shown
MONIES ADVANCED with the easterly line on the assessment roll
TO AND INDEBTED- of the SE 1/4 of Section as of January 1, 1996,
NESS, INCLUDING 30, T89N, R2E, of the being the assessment
BONDS ISSUED OR TO 5th P.M.,thence south- roll applicable to prop-
BE ISSUED,INCURRED westerly along the cen- erty in such Subarea as
BY SAID CITY IN CON- terline of said railroad of January 1 of the cal-
NECTION WITH THE 2,700 feet,more or less endar year preceding
AMENDED AND a point of intersection the effective date of
RESTATED DUBUQUE with the westerly line• Ordinance No.66-97.
c=S---aer--"--4-- PIP
INDUSTRIAL CENTER of the SE 1/4 of said As to Subarea C,base,
ECONOMIC DEVELOP- Section 30; thence ..period taxes shall be
MENT DISTRICT UR- southwesterly continu- computed in the same
BAN RENEWAL REDE- ing along said center- manner using the total
VELOPMENT PROJ- line 845 feet, more or assessed value shown
ECT , less;to a point where on the assessment roll
WEREAS, the the railroad right-of- as of January 1,2007,
Amended and Restated way widens to 200 feet, being the assessment
Urban Renewal Plan for said point being the roll applicable to prop
the Dubuque Industrial terminus of this de- erty in such subarea as Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
Center Economic De- scription;and of January 1 of the cal- this da Of Q�jyl 20%f�
velopment District Ur- all that part of a 100- endar year precedingi / // �q
ban Renewal Project foot-wide strip of the the effective date of L /
Area described in Res- Chicago Central Pacific Ordinance No.70-08.
olution No. 130-88 was Railroad right-of-way As to Subarea D,base
adopted on May 2,1988 lying in the Balance of period taxes shall be
and was thereafter Lot 1 of 1 of the South- computed in the same
amended and restated west Quarter of the manner using the total
"by Resolution No. 484- Southwest Quarter in assessed value shown �. _ -, ',., -%��/- --
90 on December 17, Section 29, Township on the assessment roll
1990, Resolution No. 89 North,Range 2 East, as of January 1, 2007,
_142-97 on April 7,1997, 5th Principal Meridian; being the assessment Notary Public in and for Dubuque County, Iowa.
Resolution No. 478-97-" -and roll applicable to`-prop-
on November 17, 1997, any adjoining publjc. erty in such subarea as
Resolution No.15-08 on street right-of-way all of January 1 of the cal-
January.7, 2008, Reso- in the City of Dubuque, endar year preceding
lution No. 101-08 on Dubuque County,Iowa. the effective date of o'p,�t�P MARY K.N'EST�r�MEY�R
March 17,2008,Resolu- (c) Subarea C shall Ordinance No.70-08. s
tion No.109-08 on April mean that portion of As to Subarea E,base Commission Number 154885
7,2008,Resolution No. the City of Dubuque, period taxes shall be ow, My Comn. Exp. FEa. 1,2Q17
87-11 on March 7,2011 Iowa described as computed in the same
and Resolution 171-13 Subarea C in the manner using the total
on June 3,2013;and Amended and Restated assessed value shown
WHEREAS, the City Urban Renewal Plan for on the assessment roll
Council of the City of the Dubuque Industrial as of January 1, 2013,
Dubuque, Iowa origi- Center Economic De- being the assessment
nally provided for the velopment District Ur- roll applicable to prop-
division of taxes pur- ban Renewal Area ap- erty in such subarea as
suant to Section 403.19 proved by Resolution of January 1 of the cal-
of the Code of Iowa No. 101-08 on March endar year preceding
within the Dubuque In- 17,' 2008, which the effective date of
dustrial Center Eco- Subarea C includes the this Ordinance.
nomic Development lots and parcels locat- Section 4: That por-
•
District Urban Renewal ed within the area le- tiop of the taxes each
Project Area in Ordi- gaily described as fol- year in excess of the
nance No.26-88 passed lows: base period taxes for
and approved on May Lot 1-1 NW 1/4-NE the Amended Project
2, 1988 and thereafter 1/4;Lot 2 of E 10 acres Area, determined for
amended and restated NE 1/4-NW 1/4;Lot 2-1 each sub-area thereof
by Ordinance No.63-88 NW 1/4-NE 1/4; Lot 2 • as provided in Section
on December 5, 1988, NW 1/4-NE 1/4;Lot 1 E 3 of this Ordinance,
by Ordinance No.66-97 1/4 NE 1/4-NW 1/4; W shall be allocated to
on November 17,1997, 3/4 NE 1/4-NW 1/4;Lot and when collected be
and by Ordinance No. 2-1 SE 1/4-NW 1/4;Lot paid into the special
70-08 on October 20; 1-1 SE 1/4-NW 1/4;and tax increment fund
2008;and the SW 1/47NE 1/4 all previously established
WHEREAS, indebted- in Section 30,Township by the City of Dubuque
ness has been incurred 89 North,Range 2 East, to pay the principal of
by the City, and addi- 5th Principal Meridian; and interest on-loans,
tional indebtedness is and any adjoining pub- monies advanced to,or
anticipated to be incur- lic street right-of-way indebtedness, whether
red in the future,to fi- in the City of Dubuque, funded, refunded, as-
nance urban renewal Dubuque County. sumed or otherwise,
project activities within (d) Subarea D shall. including bonds issued
the Amended and mean that portion of under authority of Sec-
Restated Dubuque In- the City of Dubuque, tion 403.9 or Section
dustrial Center Eco- Iowa described as 403.12 of the Code of
nomic Development Subarea D in the Iowa, incurred by the
District, and the con- Amended and Restated City of Dubuque, Iowa
tinuing needs of rede- Urban Renewal Plan for to finance or refinance,
velopment within the the Dubuque Jndustrial • in whole or in part,ur-
Amended and Restated Center Economic De- ban renewal projects
Dubuque Industrial velopment District Ur- undertaken within the
Center Economic De- ban Renewal Area ap- Amended Project Area
velopment District are proved by Resolution pursuant to the Urban
such as to require the 'No. 109-08•on April 7, Renewal Plan, except
continued application 2008,which Subarea D that taxes for the regu-
of the incremental tax includes the lots and lar and voter-approved
resources of the parcels located within physical plant and
Amended and Restated -the area legally descri- equipment jevy of a
Dubuque Industrial bed as follows: school district imposed
_ __ I„t a of nnhuaue In- oursuant to Section
WHEN S,the City UrDanKeneWdlridllWI Lill NICaaacmucua ,
Council of the'city of the Dubuque industrial as of January 1, 2013,
Dubuque, Iowa brlgl- Center Economic De- being the assessment
nally provided for the velopment District Ur- roll applicable to,prop-
division of takes piir- ban Renewal Area ap- erty In.such subarea as
suant to Section 403:19 proved by Resolution of January 1 of the cal-
of the Code of.Iowa No. 101-08 on March endar year preceding
within the`Dubuque:1n_ 17, 2008, which the effective date of •
dustrial. Center Eco- Subarea C includes the this Ordinance.
nomic Development lots and parcels !mat- Section 4: That por
District.Urben Renewal ed within the area le- tion of the taxes each
Project Area,`in'Qidi- gaily described as fol- year In excess of the
nance No.26-88 passed lows: base period taxes for
and approved on.May Lot 1-1 NW 1/4-NE the Amended Project
2, 1988 and Thereafter 1/4;Lot 2 of E 10 acres Area, determined for
amendedand restated NE 1/4-NW 1/4;Lot 2-1 each sub-area thereof
by Ordinance No.63-88 NW 1/4-NE 1/4; Lot 2 - as provided In Section
on December 5, 1988, NW 1/4-NE 1/4;Lot 1 E 3 of this Ordinance,
on Novlember 17,.1997 3/4nance No.66-97 1 'NE NE 1/NW 1/4;Lot and 4-NW 14; Wbe
colle t d be
and by Ordinance No. 2-1 SE 1/4-NW 1/4;Lot paid into,the special
70-08 on October 20, 1-1 SE 1/4-NW 1/4;and tax Increment fund
2008;and the SW 1/4:-NE 1/4 all previously estabflshed
WHEREAS, indebted- In Section 30,Township by the City of Dubuque
ness has been incurred 89 North,Range 2 East, to pay the principal of
by the City,and addi- 5th Principal Meridian; and interest on loans,
tional Indebtedness is and any adjoining pub- monies advanced to,or
anticipated to be incur- lic street right-of-way indebtedness, whether
red in the future,to fi- in the City of Dubuque, funded, refunded, as-
nance urban renewal Dubuque County. sumed or otherwise,
project activities within (d) Subarea D shall. including bonds issued
the Amended and mean that portion of under authority of Sec-
Restated Dubuque in- the City of Dubuque, tion 403.9 or Section
dustrial Center Eco- Iowa described r as 403.12 of the Code of
nomic Development Subarea D In the Iowa, incurred by the
District,and the con- Amended and Restated City of Dubuque, Iowa
tinuing needs of rede- Urban Renewal Plan for to finance or refinance,
veiopment within the the Dubuque Industrial -in whole or in part,ur-
Amended and Restated Center Economic De- ban renewal projects
Dubuque Industrial veiopment District Ur.- undertaken within the
Center Economic De- ban Renewal Area ap Amended'Project Area
veiopment District are Proved by Resolution pursuant to the Urban
such as to require the No. 109-08-on Aprl1 7, Renewal_Plan, except
of euin appilegiopx 2008Includwhich`the lots and Ihat r and votxes er.-approvr the ed
re.the Iecrerrlof• the, arcels•located within p ysfoal plant and
resources of the p
Amended and Restated the'areagegaliy descri- equipment ]eve of a
Dubuque Industrial bed as follows: school district ifnposed
Center Economic De- Lot 4 of Dubu#jtte.in- pursuant to Section
velopment District;and dustrial Center West 298:2 of the Code Of lo-
WHEREAS,thd follow- Sth,Addition,and:Lot B wa and taxes for the
ing enactment IIs-nec- of Dubuque in�ust lal instrucflonal support,
essary to accompltsh Center.West 5th,A dl- prod a j of a school
the objectives-descrl- tion in the City.„of Du-. digit Imposed`bur
bed In the premises. buque,Iowa.' suan td Section'25719
NOW,THEREFORE,BE (e) Subarea E shall (but in each case only
IT-:ORDAINED BY THE mean that portion of to the-extent required,
CITY COUNCI1.OF THE the City-of Duktlque, under • Section',
CITY OF bUBUQUE,10- Iowa described as 403.19(2)), taxes for I
Subarea E in '-the the payment of bonds;
WA,THAT: Amended and Restated and interest of each
Ordinance8 isheNumbr- Urban Renewal Plan for taxing distridt,andtax-
ed to readas follows: the the Dubuque industrial es Imposed'untler Sec-!
Section 1:For purpos- Center Economic-De- tion 346.77(22)related
es of this Ordinance, veiopment District.Ur- to joint county-city
the following terms ban Renewal Area ap- buildings,shall be col-
shall have the follow- proved by Resolution iected against all taxa-
ing meanings: No. 87-11 on March 7, bie property within the
(a) Original Project 2011, which Subarea E Amended Project Area
Area shall mean that includes the lots and without any limitation
portion of the City of parcels located within as hereinabove provid-
Dubuque, Iowa descri- the area legally descri- ed.
bed In the Urban Re- bed as folloWs: Section 45 Unless or
newal Plan for the Du- All of Lot-1 of 1 and until the total assessed '
buque Industrial Cen- Lot 1 of 2 of the South valuation of the taxa-
ter Economic Develop- Fork Subdivision No,1, bie property in the
ment District Urban Re- Including any adjoining subareas of the '
newal Area approved public street right-of- Amended Project Area
by Resolution No.1301 'way to said_lots all in exceeds the total as-
88 on May 2,1988,and the City of Dubuque , sessed value of the
subsequently amended Dubuque County,Iowa, taxable, property in11
by Resolution No.484- and;all of Selppel Road said subareas shown I
90 on December 17, right of way from the by the assessment rolls!,
1990, .which Original north boundary line of referred to In Section 3 .
Project Area includes Lot.1 of 1 of South Fork of this Ordinance,all of
the lots and parcels lo- Subdivision No.1 In the the taxes levied and •
cated within the area City of Dubuque,to the collected upon thetax-
now legally described south boundary lines of able property In the
as follows: Lot H of Dubuque In- Amended Project Area
All of the Dubuque In- dustrial Center West shall be paid into the
dustrial Center First, and Lot 1 of Dubuque funds for the respec-
Second, third, Fourth, Industrial Center West tive taxing districts as .
Fifth, Sixth, Seventh, 2nd Addition in the City taxes by or for the tax-
Eighth, Ninth, Tenth of Dubuque, Dubugde Ing districts in the
and Eleventh Additions County,Iowa,Including same manner as all
and the adjoining pub- crossings at the inter- other property taxes.
1 iiiiii1 iiiiii iii iiiii iiiii iiiii iiiii iiiii iiiii iiiii iiiii iiiii iiiii iiiii iiii iiii
Doc ID 007927750007 Type: GEN
Kind ORDINANCE
Recorded: 02/13/2014 at 03:55:56 PM
Fee Amt: $37.00 Page 1 of 7
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
Fi1e2014_00001396
Prepared by Phil Wagner, City of Dubuque, 50 W. 13th St., Dubuque, IA 52001, 563-589-4393
Return to Kevin Firnstahl, City of Dubuque, 50 W. 13th St., Dubuque, IA 52001, 563-589-4121
ORDINANCE NO. 10-14
AN ORDINANCE AMENDING ORDINANCE NO. 70-08, PREVIOUSLY AMENDED,
PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH
YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED
DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN
RENEWAL AREA 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 DUBUQUE
INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL
REDEVELOPMENT PROJECT
WHEREAS, the Amended and Restated Urban Renewal Plan for the Dubuque
Industrial Center Economic Development District Urban Renewal Project Area
described in Resolution No. 130-88 was adopted on May 2, 1988 and was thereafter
amended and restated by Resolution No. 484-90 on December 17, 1990, Resolution
No. 142-97 on April 7, 1997, Resolution No. 478-97 on November 17, 1997, Resolution
No. 15-08 on January 7, 2008, Resolution No. 101-08 on March 17, 2008, Resolution
No. 109-08 on April 7, 2008, Resolution No. 87-11 on March 7, 2011 and Resolution
171-13 on June 3, 2013; and
WHEREAS, the City Council of the City of Dubuque, Iowa originally provided for
the division of taxes pursuant to Section 403.19 of the Code of Iowa within the Dubuque
Industrial Center Economic Development District Urban Renewal Project Area in
Ordinance No. 26-88 passed and approved on May 2, 1988 and thereafter amended
and restated by Ordinance No. 63-88 on December 5, 1988, by Ordinance No. 66-97
on November 17, 1997, and by Ordinance No. 70-08 on October 20, 2008; 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 Amended and Restated Dubuque Industrial Center Economic
Development District, and the continuing needs of redevelopment within the Amended
and Restated Dubuque Industrial Center Economic Development District are such as to
require the continued application of the incremental tax resources of the Amended and
Restated Dubuque Industrial Center Economic Development 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:
Ordinance Number 70-08 is hereby amended to read as follows:
Section 1: For purposes of this Ordinance, the following terms shall have the
following meanings:
(a) Original Project Area shall mean that portion of the City of Dubuque,
Iowa described in the Urban Renewal Plan for the Dubuque Industrial Center
Economic Development District Urban Renewal Area approved by Resolution
No. 130-88 on May 2, 1988, and subsequently amended by Resolution No. 484-
90 on December 17, 1990, which Original Project Area includes the lots and
parcels located within the area now legally described as follows:
All of the Dubuque Industrial Center First, Second, Third, Fourth, Fifth,
Sixth, Seventh, Eighth, Ninth, Tenth and Eleventh Additions and the
adjoining public right-of-way, all in the City of Dubuque, Dubuque County,
Iowa.
The Original Project Area is referred to as "Subarea A" in the Urban Renewal
Plan hereinafter described.
(b) Subarea B shall mean that portion of the City of Dubuque, Iowa
described as Subarea B in the Amended and Restated Urban Renewal Pian for
the Dubuque Industrial Center Economic Development District Urban Renewal
Area approved by Resolution No. 478-97 on November 17, 1997, and
subsequently amended by Resolution No. 15-08 on January 7, 2008, which
Subarea B includes the lots and parcels located within the area legally described
as follows:
Lots 1, 3, 4, 1 of 5, 6 and H of Dubuque Industrial Center West; and
Lots 1, 2, 3, 4, 5, 6, 7, 8, and C of Dubuque Industrial Center West 2nd
Addition; and
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Lots 1, 2, 3, 4, B, and C of Dubuque Industrial Center West 4th Addition;
and
Lots 1 of 1, 1 of 2, 2 of 2, 1 of 3, 2 of 3, 1 of 5, A, C, and D of Dubuque
Industrial Center West 5th Addition; and
Lots 1, 2, and A of Dubuque Industrial Center West 6th Addition; and
Lots 1, 1 of 2, and 2 of 2 of Dubuque Industrial Center West 7th Addition;
and
Lot 2 of 1 of the Southwest Quarter of the Southwest Quarter and Lot 2 of
1 of the Southeast Quarter of the Southwest Quarter all in Section 30,
Township 89 North, Range 2 East, 5th Principal Meridian;
and all that part of a 100 -foot -wide strip of the Chicago Central Pacific
Railroad right-of-way lying in the SE 1/4 of Section 30, the SE 1/4 of the
SW 1/4 of Section 30, the NW 1/4 of Section 31, and the NE 1/4 of
Section 31 all in T89N, R2E, of the 5th P.M. Dubuque County, Iowa, the
centerline of which is more particularly described as follows: beginning at
a point of intersection with the easterly line of the SE 1/4 of Section 30,
T89N, R2E, of the 5th P.M., thence southwesterly along the centerline of
said railroad 2,700 feet, more or less a point of intersection with the
westerly line of the SE 1/4 of said Section 30; thence southwesterly
continuing along said centerline 845 feet, more or less, to a point where
the railroad right-of-way widens to 200 feet, said point being the terminus
of this description; and
all that part of a 100 -foot -wide strip of the Chicago Central Pacific Railroad
right-of-way Tying in the Balance of Lot 1 of 1 of the Southwest Quarter of
the Southwest Quarter in Section 29, Township 89 North, Range 2 East,
5th Principal Meridian; and
any adjoining public street right-of-way all in the City of Dubuque,
Dubuque County, Iowa.
(c) Subarea C shall mean that portion of the City of Dubuque, Iowa
described as Subarea C in the Amended and Restated Urban Renewal Plan for
the Dubuque Industrial Center Economic Development District Urban Renewal
Area approved by Resolution No. 101-08 on March 17, 2008, which Subarea C
includes the lots and parcels located within the area legally described as follows:
Lot 1-1 NW 1/4 -NE 1 /4; Lot 2 of E 10 acres NE 1/4 -NW 1/4; Lot 2-1 NW
1/4 -NE 1/4; Lot 2 NW 1/4 -NE 1/4; Lot 1 E 1/4 NE 1/4 -NW 1/4; W 3/4 NE
1/4 -NW 1/4; Lot 2-1 SE 1/4 -NW 1/4; Lot 1-1 SE 1/4 -NW 1/4; and the SW
1/4 -NE 1/4 all in Section 30, Township 89 North, Range 2 East, 5th
Principal Meridian; and any adjoining public street right-of-way in the City
of Dubuque, Dubuque County.
(d) Subarea D shall mean that portion of the City of Dubuque, Iowa
described as Subarea D in the Amended and Restated Urban Renewal Plan for
the Dubuque Industrial Center Economic Development District Urban Renewal
Area approved by Resolution No. 109-08 on April 7, 2008, which Subarea D
includes the lots and parcels located within the area legally described as follows:
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Lot 4 of Dubuque Industrial Center West 5th Addition, and Lot B of
Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa.
(e) Subarea E shall mean that portion of the City of Dubuque, Iowa
described as Subarea E in the Amended and Restated Urban Renewal Plan for
the Dubuque Industrial Center Economic Development District Urban Renewal
Area approved by Resolution No. 87-11 on March 7, 2011, which Subarea E
includes the lots and parcels located within the area legally described as follows:
All of Lot 1 of 1 and Lot 1 of 2 of the South Fork Subdivision No. 1,
including any adjoining public street right-of-way to said lots, all in the City of
Dubuque, Dubuque County, Iowa, and; all of Seippel Road right of way from the
north boundary line of Lot 1 of 1 of South Fork Subdivision No. 1 in the City of
Dubuque, to the south boundary lines of Lot H of Dubuque Industrial Center
West and Lot 1 of Dubuque Industrial Center West 2nd Addition in the City of
Dubuque, Dubuque County, Iowa, including crossings at the intersections of Old
Highway Road and Chicago Central & Pacific Railroad rights-of-way.
(f) Amended Project Area shall mean that portion of the City of Dubuque,
Iowa included within the Original Project Area, Subarea B, Subarea C, Subarea
D, and Subarea E each as described in this Section.
(g) Urban Renewal Plan shall mean the Amended and Restated Urban
Renewal Plan adopted for the Amended Project Area by Resolution No. 171-13
on June 3, 2013, and any subsequent amendments that may occur.
Section 2: The taxes levied on the taxable property in the Amended Project Area,
and each subarea thereof, 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, 1987, being the first day of the calendar year preceding the
effective date of Ordinance No. 26-88, 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 determined shall be referred
herein as the "base period taxes" for such Subarea.
As to Subarea B, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 1996, being the
assessment roll applicable to property in such Subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 66-97.
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As to Subarea C, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2007, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 70-08.
As to Subarea D, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2007, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 70-08.
As to Subarea E, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2013, being the
assessment roll applicable to property in such subarea as of January 1 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 Urban Renewal Plan, except that
taxes for the regular and voter -approved physical plant and equipment levy of a school
district imposed pursuant to Section 298.2 of the Code of Iowa and taxes for the
instructional support program of a school district imposed pursuant to Section 257.19
(but in each case only to the extent required under Section 403.19(2)), taxes for the
payment of bonds and interest of each taxing district, and taxes imposed under Section
346.77 (22) related to joint county -city buildings, 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 subareas of the Amended Project Area exceeds the total assessed value of the
taxable property in said subareas 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.
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
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shall be construed so as to continue the division of taxes from taxable property in the
Amended Project Area under the provisions of Section 403.19 of the Code of Iowa, as
authorized in Ordinance No. 70-08, and to fully implement the division of taxes in
Subarea E of the Amended Project Area. 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 subareas contained therein.
Section 8: This Ordinance shall be in effect after its final passage, approval and
publication as provided by law.
Passed, approved and adopted the 3rd day of February, 2014.
Attest:
Keviry'S. Firnsta 1, Cit erk
Roy D. Buol, Mayor
Published officially in the Telegraph Herald newspaper on the 7t" day of February, 2014.
/s/Kevin S. Firnstahl, City Clerk
1t 2/7
Read first time: February 3, 2014
Read second time: February 3, 2014
Read third time: February 3, 2014
PASSED AND APPROVED: February 3, 2014
PUBLISHED: February 7, 2014
F:\USERS\Econ Dev\Urban Renewal\Dubuque Industrial Center UR District\20140129 Urban renewal ordinance.doc
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CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, 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.
do further state that the hereto attached Ordinance No. 10-14 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 4th day of February, 2014.
OPP 4'474;'
Key S. Firnsta I, C C, City Clerk