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Dubuque Industrial Center Urban Renewal Area Advance of FundsTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuqu( band AI -America City r 2007 • 2012 •201; SUBJECT: Resolution Approving an Advance of City Funds for Repayment from the Dubuque Industrial Center Urban Renewal Area DATE: June 30, 2014 Budget Director Jennifer Larson recommends City Council approval of the suggested proceedings approving an advance of funds for repayment from the Dubuque Industrial Center Urban Renewal Tax Increment Revenue Fund and directing the filing of certification under Iowa Code Section 403.19. Prior to Fiscal Year 2013, the City paid for TIF related expenses directly out of the TIF fund. These expenses include legal services, property maintenance, stormwater utility expense, consulting engineers, and bond issuance fees. Due to the new Tax Increment Financing legislation, the City can no longer pay for TIF related expenses directly out of the TIF special revenue funds. The City must pay for the TIF related expenses out of the General Fund to be reimbursed by the TIF fund after a resolution is approved for the advance and the expenses are certified to the County on December 1. In Fiscal Year 2014, $5,012.50 in expenses related to the Dubuque Industrial Center Urban Renewal Area were advanced from the General Fund to the Dubuque Industrial Center TIF fund I concur with the recommendation and respectfully request Mayor and City Council approval. brih+ Michael C. Van Milligen MCVM/jml Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jennifer Larson, Budget Director Kenneth TeKippe, Finance Director THE CITY OF Dui Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Jennifer Larson, Budget Director Dubuque band AI -America City r 2007 • 2012 • 2013 SUBJECT: Resolution Approving an Advance of City Funds for Repayment from the Dubuque Industrial Center Urban Renewal Area DATE: June 30, 2014 INTRODUCTION Iowa's Tax Increment Financing (TIF) laws were changed significantly in the 2012 legislative session with the passage of House File 2460. This new law, effective July 1, 2012, includes important changes, such as: • Significant changes to the reports required for budget approval • New limitations on the use of tax increment financing • Elimination of school instructional support levies from the increment BACKGROUND TIF is a reimbursement process. The City certifies loans, advances, indebtedness or bonds to be repaid by TIF. Three key components are required for an expenditure to be eligible to be repaid from TIF which include: authority for the urban renewal project in the urban renewal plan; resolution by City Council approving the expenditure as an urban renewal project, authorizing payment and qualifying it to be included in the December 1 TIF certification to the County; and December 1 TIF certification to the county of the expense. DISCUSSION Previously, the City paid for TIF related expenses directly out of the TIF fund. These expenses include legal services, property maintenance, stormwater utility expense, consulting engineers, and bond issuance fees. Due to the new legislation, the City can no longer pay for TIF related expenses directly out of the TIF special revenue funds. The City must pay for the TIF related expenses out of the General Fund to be reimbursed by the TIF fund after a resolution is approved for the advance and the expenses are certified to the County on December 1. In Fiscal Year 2014, the following TIF eligible expenses totaling $5,012.50 related to the Dubuque Industrial Center Urban Renewal Area were advanced from the General Fund to the Dubuque Industrial Center TIF fund: • Legal Services $2,125.00 • Consultant Services $2,887.50 RECOMMENDATION I respectfully recommend the adoption of the enclosed resolution approving an advance of funds for repayment from the Dubuque Industrial Center Urban Renewal Tax Increment Revenue Fund and directing the filing of certification under Iowa Code Section 403.19. JML (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of the City of Dubuque, Iowa. Date of Meeting: July 7, 2014 Time of Meeting: 6:30 o'clock P.M. Place of Meeting: Historic Federal Building, 350 West 6th Street, Dubuque, Iowa PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: X Resolution Approving the Advance of Funds, and Filing of Related TIF Certifications. Such additional matters as are set forth on the additional 3 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. City Clerg, ity of 0 qu-, owa July 7, 2014 The City Council of City of Dubuque, Iowa, met in regular session, in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the above date. There were present Mayor Roy D. Buol in the chair, and the following named Council Members: Karla Braig, Joyce Connors, Ric Jones, Kevin Lynch, David Resnick, Lynn Sutton Absent: ********* 1 Council Member Lynch introduced the following Resolution entitled "RESOLUTION APPROVING THE ADVANCE OF FUNDS FOR REPAYMENT FROM THE DUBUQUE INDUSTRIAL CENTER URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19" and moved its adoption. Council Member Connors seconded the motion to adopt. The roll was called and the vote was, AYES: Connors, Jones, Lynch, Resnick, Sutton, Braig, Buol NAYS: RESOLUTION NO. 186-14 RESOLUTION APPROVING THE ADVANCE OF FUNDS FOR REPAYMENT FROM THE DUBUQUE INDUSTRIAL CENTER URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Dubuque, Iowa has established the Dubuque Industrial Center Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, consisting generally of land acquisition, paving and grading, construction of public utilities, consultant services, legal services, landscaping, engineering services, signage and stormwater utility fees (the "Project"); and WHEREAS, in order to advance funds for the Project Costs, it is necessary to make certain findings under Chapter 403; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and 2 WHEREAS, the amount of funds to be advanced for the Project Costs shall not exceed the aggregate amount of $5,012.50. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Dubuque, Iowa, as follows: Section 1. Pursuant to Ordinance No. 70-08 there has been heretofore established the Dubuque Industrial Center Urban Renewal Area Tax Increment Revenue Fund (the "Tax Increment Fund"), into which all incremental property tax revenues received from the Dubuque Industrial Center Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby determined that $5,012.50 has been or will be advanced during Fiscal Year 2014 to the Dubuque Industrial Center Urban Renewal Area Tax Increment Fund from the General Fund in order to pay the Project Costs. The advances collectively shall be treated as an internal loan (the "Loan") to the Dubuque Industrial Center Urban Renewal Fund and shall be repaid to the General Fund, from the first available tax increment revenues. Section 3. The Budget Director, and other City officials having responsibility for the books and records of the City, shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, advance and transfer of funds for the Project Costs, certification for reimbursement under Iowa Code Section 403.19 and compliance under Iowa Code Section 403.22. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, this 7TH day of July, 2014. ATTEST: 3 Mayor, If ty of Dubuque, Iowa EXHIBIT A City of Dubuque Fiscal Year 2014 Schedule of Project Costs Paid by Other Funds Dubuque Industrial Center Urban Renewal Area Description Amount Consultant Services (Brownfields Grant) $2,887.50 Legal Services (General Legal Matters) $2,125.00 Total $5,012.50