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Downtown Urban Renewal DisMEMORANDUM March 25, 2002 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Downtown Dubuque Urban Renewal District Economic Development Director Bill Baum recommends adoption of the Amended and Restated Urban Renewal Plan to support reinvestment efforts in the Upper Main area, and more specifically, the efforts to adaptively reuse the former Walsh Store property. The historic renovation of that property, using economic development tools available in the Downtown Dubuque Urban Renewal District, will provide 45 new jobs and a capital investment of not less than $4 million. He is further recommending approval of the expansion of the tax increment financing area boundaries for the Downtown Dubuque 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 the downtown. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment CC: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager William Baum, Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM March 21,2002 TO: FROM: SUBJECT: Michael Van Milligen, City Manager William Baum, Economic Development Director Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District- Upper Main Subarea Expansion Introduction The purpose of this memorandum is to forward for City Council review and approval the Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District which expands the district north to 14th Street. The Plan and Resolution adopting the Plan are attached. Background On January 21, 2002, the City Council approved a Resolution of Necessity finding that the proposed expansion area was an economic development area and appropriate for urban renewal activities. Staff has prepared an amended urban renewal plan for the area as per the directive of the City Council. The Plan was reviewed by the Long Range Planning Commission on March 20, 2002. The Long Range Planning Commission has forwarded its recommendation to the City Council affirming that the Plan is consistent with the City's Comprehensive Plan for development. A consultation process has been concluded with the affected taxing entities as required by State Law. The required consultation with affected taxing bodies was held on March 14, 2002. No written objections or recommended changes to the proposed Plan were received during the allowed comment period. Discussion The amendment expands the existing urban renewal district north to 14th Street, following the current Locust Street and Central Avenue boundaries, to create a new Upper Main Subarea. The subarea is designated as an 'economic development area' and will have a twenty (20) year life. No private property has been designated for public acquisition. Text changes in the attached plan have been highlighted to allow easy review of the proposed changes. The expansion supports the planned rehabilitation of the former Walsh Store property by Heartland Financial USA. Inclusion in the district allows the Walsh Store project to access the existing Downtown Rehabilitation Loan Program and tax increment financing. These two economic development tools are instrumental to the project's success. The expansion also supports the efforts of the Vision Downtown plan to provide incentives for reinvestment and new housing opportunities in the downtown area. Private development in the district would have access to the Downtown Rehabilitation Loan Program Recommendation I recommend that the attached Amended and Restated Urban Renewal Plan be adopted to support reinvestment efforts in the Upper Main area, and more specifically, the efforts to adaptively reuse the former Walsh Store property. The historic renovation of that property, using economic development tools available in the Downtown Dubuque Urban Renewal District, will provide 45 new jobs and a capital investment of not less than $4 million. Action Step The Action Step for the City Council is to adopt the attached Resolution. attachments Prepared by: Pamela Myhre Economic Development Planner F:\USERS\Pm~re\WPDOCS\U R~DOWNTOWN\02adopt.mem-doc RESOLUTION NO. 187-02 A RESOLUTION APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE DOWNTOWN DUBUQUE URBAN RENEWAL DISTRICT. Whereas, on January 21, 2002, the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Plan") for the Downtown Dubuque Urban Renewal District (the "District"); and Whereas, the City of Dubuque's pdmary objective in amending this Plan is to provide opportunities for further redevelopment and reinvestment in the downtown; and . Whereas, the Long Range Planning Commission has reviewed the proposed Plan and has found that said document is consistent with the Comprehensive Plan for the development of the City of Dubuque as a whole and has transmitted its findings to the City Council; and Whereas, a consultation process has been undertaken with affected taxing entities in accordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Plan received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed amended and restated Plan after public notice thereof, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District, attached hereto and made reference to herein, be approved. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed to file a certified copy of the Resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 1st day of April, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider City Clerk F:\USERS~Pmyh re\WPDOCS\UR\DOWNTOWN~2adopt.res.doc AMENDED and RESTATED URBAN RENEWAL PLAN Downtown Dubuque Urban Renewal District City of Dubuque, Iowa This Amended and Restated Urban Renewal Plan provides for the expansion of the Downtown Urban Renewal Area Project Number Iowa R-15, originally established by Resolution 123-67 by the City Council of the City of Dubuque, Iowa on May 18, 1967 and subsequently amended by Resolution 79-71 on March 15, 1971, by Resolution 73-74 on March 11, 1974, by Resolution 107-82 on May 3, 1982, by Resolution 191-84 on June 25, 1984, by Resolution 371-93 on December 6, 1993, by Resolution 145-94 on May 2, 1994, by Resolution 479-97 on November 17, 1997, Resolution 476-98 on October 19, 1998 Prepared by the Economic Development Department March 2002 TABLE OF CONTENTS A. INTRODUCTION Page 1 B. OBJECTIVES Page 1 C. DISTRICT BOUNDARIES Page 2 1. TOWN CLOCK SUBAREA Page 2 2. OLD MAIN SUBAREA Page 2 3. UPPER MAIN SUBAREA Page 2 D. PUBLIC PURPOSE ACTIVITIES Page 3 E. DEVELOPMENT AND REDEVELOPMENT REQUIREMENTS Page 4 1. LAND USE Page 4 2. PLANNING AND DESIGN CRITERIA Page 5 F. LAND ACQUISITION AND DISPOSITION Page 7 G. RELOCATION REQUIREMENTS Page 8 H. FINANCING ACTIVITIES Page 8 I, STATE AND LOCAL REQUIREMENTS Page 10 J. DURATION OF APPROVED URBAN RENEWAL PLAN Page 11 K. SEVERABILITY Page 11 L. AMENDMENT OF APPROVED URBAN RENEWAL PLAN Page 11 M. ATTACHMENTS Page 11 A. INTRODUCTION This AMENDED and RESTATED URBAN RENEWAL PLAN (the "Plan") has been prepared to provide for the expansion and further conservation, rehabilitation, development and redevelopment of the DOWNTOWN URBAN RENEWAL DISTRICT PROJECT NUMBER IOWA R-15 (the "District") established by the City of Dubuque on May 18, 1967. Its intent is to stimulate private investment within the expanded District through the commitment of public actions as specified herein. To achieve this objective, the City of Dubuque shall undertake the urban renewal actions specified in this Plan, pursuant to the powers granted to it under Chapter 403 of the Iowa Code, Urban Renewal Law. This Plan is an amendment and restatement of the Downtown Urban Renewal District Urban Renewal Plan adopted by Resolution 123-67 by the City Council of the City of Dubuque, Iowa on May 18, 1967 and subsequently amended by Resolution 79-71 on March 15, 1971, by Resolution 73-74 on March 11, 1974, by Resolution 107-82 on May 3, 1982, by Resolution 191-84 on June 25, 1984, by Resolution 371-93 on December 6, 1993, by Resolution 145-94 on May 2, 1994, by Resolution 479-97 on November 17, 1997, by Resolution 476-98 on October 19, 1998 and by Resolution __-02 on April 1, 2002. This Plan shall serve as a new urban renewal plan for the expanded District described herein. The Plan shall be viewed as a single plan for purposes of fulfilling the objectives of the Plan. B. OBJECTIVES OF THE PLAN The primary OBJECTIVES of the Plan are: The creation of a thriving central business district with a compatible mix of viable commercial, financial, cultural and residential activity; The conservation, restoration, renovation or rehabilitation of the historic and architectural character of the Distdct through the establishment of design standards to ensure cohesive and compatible development and redevelopment, the use of appropriate construction techniques, the coordinated administration of appropriate code enforcement efforts and the maximization of all available financial and technical resources; The creation of a safe, healthy and attractive physical environment through the construction or installation of necessary infrastructure and other public improvements or actions supportive of the District; The creation of a safe, efficient, and attractive circulation system for both pedestrian and vehicular traffic; The development of additional and improved parking opportunities in the District supportive of the businesses located within its boundaries and which accommodate the needs of its residents; The creation of financial incentives necessary to encourage private investment and reinvestment in the District; The creation of quality employment opportunities within the District; and The expansion of the property tax base of the District. C. DISTRICT BOUNDARIES The District is located within the City of Dubuque, County of Dubuque, State of Iowa. The City of Dubuque believes that the objectives of this Plan can best be accomplished by defining the real property included within the District as three separate subareas: the Town Clock subarea, the Old Main subarea and the Upper Main subarea. Despite this subdivision of the district, this Plan shall be viewed as a single plan and shall be applied to all subareas for purposes of fulfilling the objectives of the Plan. The boundaries of each subarea are as follows: The Town Clock Subarea of the District includes that area generally bounded on the North by Ninth Street but also including the Iowa Inn property and the public parking lot known as Parking Lot Number 1 located between 9th and 10th Streets east of Iowa Street, on the West by Locust Street including City Lots 623 and 624 (Dubuque Museum of Art), on the South by Fourth Street, and on the East by Central Avenue, including all public rights-of-way. The Old Main Subarea of the District includes that area generally bounded on the North by Fourth Street, on the West by Locust Street, on the South by the Locust Street Connector and on the East by the U.S. Highway 151/61 right-of- way, including all public rights-of-way. The boundaries of the District and of the Town Clock, Old Main and Upper Main subareas are delineated on the URBAN RENEWAL DISTRICT map (Attachment A). 2 The City of Dubuque reserves the right to modify the boundaries of the District at some future date. Any amendments to the Plan will be completed in accordance with Chapter 403 of the Iowa Code, Urban Renewal Law. D. PUBLIC PURPOSE ACTIVITIES To meet the OBJECTIVES of this Plan, the City of Dubuque is prepared to initiate and support development and redevelopment of the District through the following PUBLIC PURPOSE ACTIVITIES: Provision of technical support to property owners, businesses and organizations in support and furtherance of the Plan; Use of tax increment financing, loans, grants and other appropriate financial tools in support of eligible public and private conservation, preservation, development and redevelopment efforts including but not limited to necessary planning functions, studies supportive of the objectives of the Plan, the adaptive re-use of existing structures and code compliance; Preparation of property for conservation, preservation, rehabilitation, development and redevelopment purposes, including but not limited to activities such as appraisals and architectural and engineering studies; Development and implementation of a program for the repair, restoration, and renovation of historic buildings and related improvements; Enforcement of applicable local, state and federal laws, codes and regulations; 6, Coordination of the clean-up and landscaping of public rights-of-ways; Im installation, construction and reconstruction of , streets, alleys, utilities, and other public improvements and rights-of-ways including but not limited to the relocation of overhead utility lines, installation of street lights, construction of public rest rooms and water fountains, acquisition of benches and appropriate landscaping and signage; Acquisition of property for public improvements and acquisition and disposition of property for private development and redevelopment; and 9. Demolition and clearance of deteriorated, obsolescent and blighting structures and other improvements not found to be of historical or architectural significance. Public purpose activities are limited to those areas delineated on the PUBLIC PURPOSE ACTIVITY AREA map (Attachment B). All public purpose activities shall be conditioned upon and shall meet the restrictions and limitations placed upon the District by the Plan. E. DEVELOPMENT AND REDEVELOPMENT REQUIREMENTS The LAND USE and PLANNING AND DESIGN CRITERIA set forth herein shall apply to any and all District properties the preservation, conservation, development and/or the redevelopment of which is assisted by the City through any of the PUBLIC PURPOSE ACTIVITIES listed above. 1. LAND USE: Town Clock Subarea: The intent of this Plan is to promote the preservation, conservation, development and redevelopment of a functional, attractively developed environment to further existing financial, commercial, cultural, personal and professional services and residential activities within the Town Clock Subarea. The continued development and enhancement of those land uses permitted within the Downtown Commercial Business District (C-4), the Business District (C-5) and the Office Residential (OR) zones of the City of Dubuque's Zoning Ordinance are encouraged. LAND USE maps (Attachments C-lA and C-lB) identify the existing and the proposed land uses within the Town Clock Subarea. Old Main Subarea: The intent of this Plan is to promote private investment and reinvestment in a variety of commercial and residential uses while furthering existing commercial, personal and professional services, entertainment and residential activities within the Old Main Subarea. The continued development and enhancement of those land uses permitted within the Downtown Commercial Business District (C-4) zone of the City of Dubuque's Zoning Ordinance are encouraged. LAND USE maps (Attachments D-lA and D-lB) identify the existing and the proposed land uses within the Old Main Subarea. 4 2. PLANNING AND DESIGN CRITERIA: The planning criteria to be used to guide the physical development of the Town Clock, Old Main and Upper Main Subareas are those standards and guidelines contained within the City of Dubuque's Zoning Ordinance and other applicable local, state and federal codes and ordinances. Additionally, the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitatinq Historic Structures shall be used to guide the exterior modifications of existing properties and the construction of new facilities and structures financed in whole or in part by the City of Dubuque. Said projects shall be reviewed by the Historic Preservation Commission for compliance with the above referenced standards. The off-street parking/loading and signage requirements established for the redevelopment and development of Town Clock, Old Main and Upper Main subareas are as follows: 1) Town Clock Subarea: Off-Street Parking/Loading: Off-street parking facilities shall be prohibited in that eight block area bordered by Ninth and Fifth Streets, Locust and Iowa Streets except by special approval. Conditions for such use shall be the maximum use of land. Access to and from parking shall be designed as to minimize interference with both pedestrian and auto traffic. All proposals for off street parking use shall be subject to the review and approval of the City of Dubuque. Special service drives for each building are not required. Access to adequate off-street loading facilities such as a service alley or court shall be required for each use. Consolidated loading facilities serving entire blocks or portions of blocks shall be provided wherever 5 2) practicable. Off-street parking may be permitted in that five block area bordered by Tenth and Fourth Streets, Iowa Street and Central Avenue. Off-street parking is not required of uses containing less than twenty thousand (20,000) square feet of gross floor area. Those uses containing twenty thousand (20,000) square feet or more of gross floor area shall provide one parking space for each additional one thousand (1,000) square feet of gross floor area up to twenty thousand (20,000) square feet. For each additional five hundred (500) square feet of gross floor area in excess of twenty thousand square feet, one additional parking space shall be provided. Off-street parking may be permitted in that two block area bordered by Fifth and Fourth Streets, Iowa and Locust Streets. Off-street parking spaces shall be provided as required in each request for development proposals, provided that parking spaces shall not be required for uses containing less than fifty thousand (50,000) square feet of gross floor area. Those uses containing fifty thousand (50,000) square feet of gross floor area or more shall provide one parking space for each three thousand (3,000) square feet of gross floor area up to fifty thousand (50,000) square feet. For each additional two thousand (2,000) square feet of gross floor area in excess of fifty thousand (50,000) square feet, one additional parking space shall be provided. Off-street loading spaces shall be provided as required in each for development proposals, provided that no less than one off-street loading berth shall be provided for each one hundred thousand (100,000) square feet of gross floor area. Consolidated loading facilities serving entire blocks, or portions of blocks, should be provided wherever applicable. Access to such facilities should be provided from a screened alley or court. Signa,qe: All signage shall be developed in accordance with the sign regulations set forth in the City of Dubuque's Zoning Ordinance. Overhead Utility Lines: No new overhead utility lines shall be installed within this subarea where underground placement is feasible. Old Main Subareas: Off-Street Parking/Loading: 6 All off-street parking shall be developed in accordance with the regulations and requirements set forth in the City of Dubuque's Zoning Ordinance. Si,qnage: All signage shall be developed in accordance with the sign regulations set forth in the City of Dubuque's Zoning Ordinance. Overhead Utility Lines: No new overhead utility lines shall be installed within this subarea where underground placement is feasible. F. LAND ACQUISITION AND DISPOSITION The City of Dubuque is prepared to acquire and dispose of property in support of the development and redevelopment of the District within the parameters set forth below. 1. Land Acquisition: The following land acquisition activities are proposed for the Town Clock, Old Main and Upper Main subareas: Town Clock Subarea The real property to be acquired in the Town Clock subarea is identified on the Land Acquisition Map included as Attachment C-2. City may acquire property for private development or redevelopment by contractual agreement or by right of eminent domain. The City reserves the right to acquire, by negotiation or eminent domain, property rights required for the construction or reconstruction of streets and public utilities, or any other public facility or improvement. Old Main Subarea The real property to be acquired in the Old Main subarea is identified on the Land Acquisition Map included as Attachment D-2. City may acquire property for private development or redevelopment by contractual agreement or by right of eminent domain. The City reserves the right to acquire, by negotiation or eminent domain, property rights required for the construction or reconstruction of streets and 7 public utilities, or any other public facility or improvement. Land Disposition: Publicly held land will be sold for the development of viable uses consistent with this Plan, and not for purposes of speculation. Land will be disposed of in accordance with the requirements set forth in Chapter 403 of the Iowa Code, Urban Renewal Law. Developers and Redevelopers will be selected on the basis of the quality of their proposals and their ability to carry out such proposals while complying with the requirements of this Plan. Developers and redevelopers will be required by contractual agreement to observe the Land Use Requirements and Planning and Design Criteria of this Plan. The contract and other disposition documents will set forth the provisions, standards and criteria for achieving the objectives and requirements outlined in this Plan. G. RELOCATION REQUIREMENTS Relocation assistance in accordance with applicable provisions of Chapter 316 of the towa Code, Highway Relocation Assistance Law, will be provided in the event that an existing business or residence is displaced by publicly supported development or redevelopment activities. H. FINANCING ACTIVITIES To meet the OBJECTIVES of this Plan and to encourage the development of the District and private investment therein, the City of Dubuque is prepared to provide financial assistance to qualified industries and businesses through the making of loans or grants under Chapter 15A of the Iowa Code and through the use of tax increment financing under Chapter 403 of the Iowa Code. 1. Chapter 15A Loan or Grant The City of Dubuque has determined that the making of loans or grants of public 8 = funds to qualified industries and businesses is necessary to aid in the planning, undertaking and completion of urban renewal projects authorized under this Plan within the meaning of Section 384.24(3)(q) of the Iowa Code. Accordingly, in furtherance of the objectives of this Plan, the City of Dubuque may determine to issue bonds or loan agreements, in reliance upon the authority of Section 384.24A, Section 384.24(3)(q), Section 403.12 (general obligation bonds) or Section 403.9 (tax increment bonds), for the purpose of making loans or grants of public funds to qualified businesses. Alternatively, the City may determine to use available funds for the making of such loans or grants. In determining qualifications of recipients and whether to make any such individual loans or grants, the City of Dubuque shall consider one or more of the factors set forth in Section 15A. 1 of the Iowa Code on a case-by-case basis. Tax Increment Financin,q The City of Dubuque is prepared to utilize tax increment financing as a means of financing eligible costs incurred to implement the Public Purpose Activities identified in Part D of this Plan. Bonds or loan agreements may be issued by the City under the authority of Section 403.9 of the Iowa Code (tax increment bonds) or Section 384.24A, Section 384.24(3)(q) and Section 403.12 (general obligation bonds). The City acknowledges that the use of tax increment revenues delays the ability of other local taxing bodies to realize immediately the direct tax benefits of new development in the District. The City believes, however, that the use of tax increment revenues to finance the public improvements and to promote private investment in the District is necessary in the public interest to achieve the OBJECTIVES of this Plan. Without the use of this special financing tool, new investment may not otherwise occur or may occur within another jurisdiction. If new development does not take place in Dubuque, property values could stagnate and the City, County and School District may receive less taxes during the duration of this Plan than they would have if this Plan were not implemented. Tax increment financing will provide a long-term payback in overall increased tax base for the City, County and School District. The initial public investment required to generate new private investment will ultimately increase the taxable value of the District well beyond its existing base value. Tax increment reimbursement may be sought for, among other things, the following costs to the extent they are incurred by the City: a. Planning and administration of the Plan; b. Construction of public improvements and facilities within the District; 9 Acquisition, installation, maintenance and replacement of public investments throughout the District including but not limited to street lights, benches, landscaping, appropriate signage and rest rooms; Acquisition of land and/or buildings and preparation of same for sale to private developers, including any "write down" of the sale price of the land and/or building; Preservation, conservation, development or redevelopment of buildings or facilities within the district to be sold or leased to qualifying for-profit and not-for profit organizations and businesses; Loans or grants to qualified businesses under Chapter 15A of the Iowa Code, including debt service payments on any bonds issued to finance such loans or grants, for purposes of expanding the business or activity, or other qualifying loan programs established in support of the Plan; and g= Providing the matching share for a variety of local, state and federal grants and loans. Proposed Amount of Indebtedness At this time, the extent of improvements and new development within the District is only generally known. As such, the amount and duration for use of the tax increment revenues for public improvements and/or private development can only be estimated; however, the actual use and amount of tax increment revenues to be used by the City for District activities will be determined at the time specific development is proposed. It is anticipated that the maximum amount of indebtedness which will qualify for tax increment revenue reimbursement during the duration of this Plan, including acquisition, public improvements and private development assistance, will not exceed $20,000,000. At the time of adoption of this Plan, the City of Dubuque's current general obligation debt is $ (a list of obli ations is found as Attachment F) and the applicable constitutional debt limit is ~ I. STATE AND LOCAL REQUIREMENTS All provisions necessary to conform with state and local laws have been complied with by l0 the City of Dubuque in the implementation of this Plan and its supporting documents. J. DURATION OF APPROVED URBAN RENEWAL PLAN This Plan shall continue in action of the Council but in no event before the City of Dubuque has received full reimbursement from all incremental taxes of its advances and principal and interest payable on all Tax Increment Financing or general obligations issued to carry out the OBJECTIVES of the Plan. The DEVELOPMENT AND REDEVELOPMENT REQUIREMENTS established, or as amended from time to time by the City of Dubuque Zoning Ordinance, shall remain in effect in perpetuity. K. SEVERABILITY In the event one or more provisions contained in this Plan shall be held for any reason to be invalid, illegal, unauthorized or unenforceable in any respect, such invalidity, illegality, unauthorization or unenforceability shall not affect any other provision of this Plan and this Urban Renewal shall be construed and implemented as if such provision had never been contained herein. L. AMENDMENT OF APPROVED URBAN RENEWAL PLAN This Plan may be amended from time to time to respond to development opportunities. Any such amendment shall conform to the requirements of Chapter 403 of the Iowa Code. Any change effecting any property or contractual right can be effectuated only in accordance with applicable state and local law. M. ATTACHMENTS The following attachments are a part of this Plan: Attachment A: Urban Renewal District and Subarea Map Attachment B: Public Purpose Activity Area Maps B-1 Town Clock and Old Main 11 Attachment C: Attachment D: Town Clock Subarea Maps C-lA Existing Land Use C-lB Proposed Land Use C-2 Land Acquisition Old Main Subarea Maps D-lA Existing Land Use D-lB Proposed Land Use D-2 Land Acquisition Attachment F: City of Dubuque Obligations 12 Attachment A Expansion of Downtown Urban Renewal District 9/24/98/k13 Attachment B-I Public Purpose Activity Area Map Town Clock and Old Main Subareas 0 200 400 Feet Attachment B-2 Public Purpose Activity Area Map Upper Main Subarea TENTH STREET t. I It Attachment C-lA Existing Land Use Town Clock Subarea TE~TH I L ! 1 STREET IEET tS~[1REi Attachment C-lB Proposed Land Use Town Clock Subarea / I TENTH STREET NINTH STREET EIGHTH STREET FOURTH STREET Attachment C-2 Land Acquisition Town Clock Subarea Fifth Attachment D-lA Existing Land Use Old Main Subarea Fifth Street Ice Harbor Attachment D-lB Proposed Land Use Old Main Subarea Fifth Street Fourth Street Third Street Second Street FIr,t Street 'T.~? Ir d Stre Attachment D-2 Land Acquisition Old Main Subarea Attachment E-lA Existing Land Use Main Subare~ Attachment E-I B Proposed Land use Upper Main Subarea Oescrlpllon City of Dubuque Summary o! Bonded Indebtedness - Fiscal Year 2002-2003 Date Net Amount Principal Principal Interest Principal Year of of Interest of Outstanding Due 7-1-02 Due 7-t -02 Outstanding Final Issue Rate Issue July 1,2002 to 7-2-03 to 7-2-03 July '1,2005 Payment General Obligation Bonds 1 Esseallal Corporate Purpose 06.01-93 4.1747 Essential Corpmale pDt'pose 05-o1-94 5.OOOO FY 2O03 4,815.000 425,000 425,000 19,125 1,300,000 310,000 140,000 13.722 500.000 135.000 55.0D0 5.184 2.OSO.O00 550.000 300,000 45.400 2,750.000 2,660,000 95.000 154,449 5.265.000 5.060,000 215,000 310,663 5,$05,000 p,500,000 521,091 2,660,000 2,660.000 187,654 1,OOO,O00 1.000,000 30.240 50,000 3,300,000 3,306,000 120,000 165.000 35,350.000.00 27.350.000,00 1,500.243,00 1.583.875.11 · l~evqftqe IBonds 2.210.000 1,720.000 180,000 78,625 perkins - 5ih Slreet Ramp 05-15-90 7,5860 2,210.000 1,720.000 180,000 7g,525 Torsi Revenue Sendal 1,540,oon 1.54o,ooo *Sieged 04.15-07 4.4% 700,000 *BergfMd :)2.27-98 4.4% 655.500 855,500 28,542 900,000 536.O24 5~,598 59,389 'lnterstale pawer Ce 07-15-99 Fie Interest 850,000 266.667 'Carlegraph (H~dzonlDueade. LLC) 12-01-99 8.8% 360,000 333,101 29,318 25,682 *Eagle Window (Ode A. LLC) 02.15-00 9.1% 3,158,535 3,188,538 205,520 283.755 6.564,038 5,675,830 915.535 427.762 2010 Other Loans - ReVenue Backed 33.056 26.514 - 07-01-07 internal Lean 597,945 482,077 Water Line To Site IB 438.750 Landfill Agent' 10 Sewer Fund 01-19-98 ' No Inlerasl Loan 988.750 438.750 Rlprow Valley (Beckaa ay Private Inveil~l 05.30-00 * 6.0% 320,000 278.445 278.445 15,000 1,585,695 920,827 471,806 26,514 45,77o,733 35.866,658 3,071,555 2,116,795 2O02 6ss,goo 2003 767.327 2011 266,fl67 2004 303,783 2011 2,563~15, 2012 4,556,264 449.021 2012 449.O21 52.795.072,. Total City Indebtedness , , $38.552 of Ihe annual debt so,riga for the 198311984 Issue is abated w~th AIrporl revenue. The abalement schedule was developed by the Alrpml eCemmlsslon to provide 20 years for repaymeal (abalemenll on 10 year bflnd issues. 2 Sewer revenue-banked e.g..Issue. 3 Welel revenue-baoked G.O. Issue. 4 park n revenue-ba~ked G.O issue. g us and $665 ~00 Is A rpod hanger rental backed G.O. Issue. 5 $5.600.000 Is T F revenue backed e.g. Iss Attachment F City of Dubuque Obligations MEMORANDUM January 16,2002 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Resolution of Necessity for an Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District The Downtown Dubuque Urban Renewal Distdct was originally established in 1967. It has been amended and restated on several occasions over the years to expand the boundaries to include the Old Main Area, the Iowa Inn property and the Dubuque Museum of Art. Economic Development Director Bill Baum is recommending expansion of the district to assist the rehabilitation of the former Walsh Store property by Heartland Financial Services, and establishment of a public headng for April 1, 2002, to consider the amended and restated Urban Renewal Plan. The proposed amendment would extend the boundaries northward to 14th Street, with the same east-west boundaries as the existing district, being Central Avenue on the east, and Locust Street on the west. This expansion also includes the properties between the Walsh Building and the existing boundary along 9th Street, which will support the efforts of the Vision Downtown Plan to provide incentives for reinvestment and new housing opportunities in the downtown area. Pdvate development in the distdct would have access to the Tax Increment Financing-supported Downtown Rehabilitation Loan Program that offers a deferred Iow-interest rate and incentives for new jobs and housing. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager William Baum, Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM January 11,2002 TO: FROM: SUBJECT: Michael Van Milligen, City Manager William Baum, Economic Development Director~ Resolution of Necessity for an Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District Introduction This memorandum presents for City Council consideration a Resolution of Necessity that: 1) finds that the amendment of the Urban Renewal Plan for the Downtown Dubuque Urban Renewal District is both necessary and appropriate; and 2) sets a public hearing on the proposed amendment for April 1, 2002. The proposed expansion of this district would extend the boundaries of the district to include much of the Vision Downtown study area (see attached map). The proposed expansion will also provide redevelopment tools to assist the proposed rehabilitation of the former Walsh Store that has been proposed by Heartland Financial USA. Background The Downtown Dubuque Urban Renewal District was originally established in 1967. has been amended and restated on several occasions over the years to expand the boundaries to include the Old Main area, the Iowa Inn property and the Dubuque Museum of Art. tt Before a municipality can exercise the authority conferred by Chapter 403 "Urban Renewal" of the Iowa Code, a Resolution of Necessity must be adopted finding that the area being considered for urban renewal district designation is either a slum, blighted or economic development area and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of the area is necessary in the interest of the public health, safety or welfare of the residents of the city. The Iowa Code defines a blighted area as, "an area of a municipality within which the local governing body of the municipality determines that the presence of a substantial number of slum, deteriorated, or deteriorating structures; defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness; unsanitary or unsafe conditions; deterioration of site or other improvements; diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land; defective or unusual conditions of title; or the existence of conditions which endanger life or property by fire and other causes; or any combination of these factors; substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, or welfare in its present condition and use". An economic development area is defined as, "an area of a municipality designated by the local governing body as appropriate for commercial and industrial enterprises or housing and residential development for Iow and moderate income families, including single or multifamily housing." The expansion area will be designated as an economic development area. See attached map. Discussion The expansion of the District is proposed, in part, to assist the rehabilitation of the former Walsh Store property by Heartland Financial USA. The proposed amendment would extend the boundaries northward to 14th Street to include that property. Inclusion in the District will allow the Walsh Store rehabilitation project to access the tools and incentives available to urban renewal district properties, including tax increment financing and the Downtown Rehabilitation Loan Program. The expansion area also supports the efforts of the Vision Downtown plan to provide incentives for reinvestment and new housing opportunities in the downtown area. Private development in the District would have access to the TIF-supported Downtown Rehabilitation Loan Program that offers a deferred low-interest rate and incentives for new jobs and housing. The attached Resolution directs staff to prepare an amended and restated Urban Renewal Plan and to forward the amendment to the Long Range Planning Commission for their review and comment. This is required by Chapter 403 along with a consultation process that involves all affected taxing entities. Those taxing entities, the County, School Board and community college, have an opportunity to comment on the proposed amendment prior to the required public hearing on the urban renewal plan, but they cannot block adoption of the plan. City Council public hearing on the amended and restated Urban Renewal Plan will be scheduled for April 1, 2002. This will allow time for preparation of the plan, review and comment period by the Long Range Planning Commission and the consultation process with the taxing entities. Recommendation I recommend the City Council adopt the attached Resolution of Necessity that begins the process of amending the Urban Renewal Plan for the Downtown Dubuque Urban Renewal District to expand the boundaries of the District. The amendment will provide additional tools to encourage reinvestment and redevelopment activities throughout the District and will support, specifically, the proposed former Walsh Store rehabilitation and rouse project and, more generally, the overall Vision Downtown efforts. Action Step The action step for the City Council is to adopt the Resolution of Necessity attached to this memorandum. attachments Prepared by: Pamela Myhre Economic Development Planner F:\USERS~Prn)hre\WPDOCS\U R\DOVVNTOWN~Necmemo02.dwn.doc Expansion of Downtown Urban Renewal District RESOLUTION NO. -02 A RESOLUTION OF NECESSITY FINDING THAT THE EXPANSION OF THE DOWNTOWN DUBUQUE URBAN RENEWAL DISTRICT IS AN AREA MEETING THE DEFINITIONS OF BLIGHT AND ECONOMIC DEVELOPMENT AND THAT DEVELOPMENT OF SAID AREA IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA. Whereas, the City Council of the City of Dubuque has determined that the further expansion of the Downtown Dubuque Urban Renewal District will provide redevelopment opportunities which will further the purposes and objectives of the Downtown Dubuque Urban Renewal Plan; and Whereas, the City Council has found that the proposed expansion area meets the definition of an economic development area as found in Chapter 403 "Urban Renewal" of the Iowa Code; and Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic development area, and that so designating such area is necessary in the interest of the public health, safety or welfare of the residents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following described area, which is proposed to be added to the Downtown Dubuque Urban Renewal District, is an economic development area as defined by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project, to wit: Commencing as a point of reference at the intersection of the centerline of 9th Street with Locust Street, said point being the point of beginning: thence northwesterly along the centerline of Locust Street to the centerline of 14th Street; thence northeasterly along the centerline of 14th Street to the centerline of Central Avenue; thence southeasterly along the centerline of Central Avenue to the centerline of 10th Street; thence southwesterly along the northerly boundary of the existing Downtown Dubuque Urban Renewal District to the point of beginning, containing 30 acres more or less, all located in Section 25, Township 89 North, Range 2 East, 5th P.M., Dubuque County, Iowa and including any adjoining public right-of-way (hereinafter, the "Expansion Area"). Section 2. That the development of the Expansion Area is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 3. That the City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District, to forward said Plan to the City's Long Range Planning Commission for review and comment and to begin the consultation process required by law with affected taxing entities. Section 4. That the City Clerk is directed to publish notice of a public hearing on the adoption of an Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District to be held on April 1, 2002 at 6:30 p.m. in the Carnegie-Stout Public Library Auditorium, 11th and Bluff Streets, Dubuque, Iowa 52001 and that said notice shall generally identify the area covered by the Amended and Restated Plan and the general scope of the Amended and Restated Plan and the activities planned for such areas. Section 5. That the City Clerk is further directed to send by ordinary mail a copy of said notice of public hearing to the Dubuque Community School District, the County Board of Supervisors and the Northeast Iowa Community College, as the affected taxing entities. PASSED, APPROVED and ADOPTED this 21~t day of January, 2002. ATTEST: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk F:\USERS~Pmyhre\WPDOCS\UR\DOWNTOWN\N ECRES02.DWN.doc CITY OF DUBUQUE, IOWA MEMORANDUM TO: FROM: SUBJECT: March 22, 2002 Michael Van Milligen, City Manager William Baum, Economic Development Director~ Amended Tax Increment Ordinance for the Downtown Dubuque Urban Renewal District Introduction This memorandum transmits for City Council review and adoption an ordinance establishing an amended tax increment financing district for the Downtown Dubuque 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 April 1, 2002, the City Council will consider approving an Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District that expanded the boundaries of the district north to 14th Street. 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 (TIF) 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. The proposed Walsh Store property rehabilitation project will utilize TIF if available. Adoption of the ordinance will continue the base valuation previously established and set the property valuation base for determining incremental tax revenue from the expansion area at the level existing on January 1st of the calendar year preceding the effective date of the Ordinance. Tax increment collections will be limited to twenty (20) years in the Upper Main Subarea. Recommendation I recommend that the City Council approve expansion of the tax increment financing area boundaries for the Downtown Dubuque 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 the downtown. Action Step The action step is for the City Council to approve the amended tax increment ordinance attached hereto. attachments F:\USERS\Pmyh re\WPDOCS\UR\DOWNTOWN\tifamendmemo.doc CIUR3.TXT 5/91 ORDINANCE CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF DUBUQUE I certify that Ordinance Number , of which a tree 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 enactment of said Ordinance were as follows: First consideration - Date: Vote: In favor , Opposed Absent or Abstain Second consideration - Date: Vote: In favor , Opposed Absent or Abstain Final Consideration - Date: Vote: In favor , Opposed Absent or Abstain 4. Publication Date: (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 ,2002, 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 roles was by a three-fourths majority of the full City Council, voting in favor, opposed and absent, vacant or abstaining and was duly recorded. (Strike above paragraph if not applicable) I further certify th_~t ~gh. 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 o£the Code of Iowa and rules of the Council then governing. 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 of said Municipality hereto affixed this day of ,2002. City Clerk, Dubuque, Iowa SEAL DCORNELL\ll1977\l\I0422047 -2- C07.;?LET2 A~D RETURN TO MR. NOTH ..... ORDINANCE NO. 26-02 AN ORDINANCE AMENDING ORDINANCE NO. 30-82, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED DOWNTOWN DUBUQUE URBAN RENEWAL DISTRICT 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 COMMI.rNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAD 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 DOWNTOWN DUBUQUE URBAN RENEWAL DISTRICT WHEREAS, the City Council of the City of Dubuque, Iowa has heretofore, in Ordinance No. 30-82, provided for the division of taxes within the original Downtown Dubuque Urban Renewal Project, Iowa R-15, described in Resolution No. 123-67 adopted on May 18, 1967, pursuant to Section 403.19 of the Code of Iowa; and WHEREAS, the original Downtown Dubuque Urban Renewal Project, Iowa R- I 5, subsequently was amended by Resolution No. 79-71 on March 15, 1971, by Resolution No. 73-74 on March 11, 1974, by Resolution No. 107-82 on May 3, 1982, by Resolution No. 191-84 on June 25, 1984, by Resolution No. 37t-93 on December 6, 1993, by Resolution No. 145-94 on May 2, 1994, and by Resolution No. 479-97 on November 17, 1997, which amendments, among other things, added areas referred to as the Old Main Subarea and Town Clock Expansion Subarea to the area of the Downtown Dubuque Urban Renewal District; and WHEREAS, consistent with the foregoing amendments, Ordinance No. 30-82 subsequently was amended by Ordinance Nos. 23-94, 36-94 and 67-97 to provide for the division of taxes within the several subareas of the amended Downtown Dubuque Urban Renewal District; and WHEREAS, pursuant to Resolution No. 187¢02 approved on Apri I 1 ,2002, additional territory now has been added to the Downtown Dubuque Urban Renewal District and an Amended and Restated Urban Renewal Plan -1- approved in respect of the Downtown Dubuque Urban Renewal District, as so amended; 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 undertaken in accordance with the Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District, and the continuing needs of redevelopment within the Amended and Restated Downtown Dubuque Urban Renewal District are such as to require the continued application of the incremental tax resources of the Amended and Restated Downtown Dubuque 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: Ordinance Number 30-82, as amended by Ordinance Nos. 23-94, 36-94 and 67- 97, is hereby amended to read as follows: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Original Town Clock Subarea shall mean that portion of the City of Dubuque, Iowa described in the Urban Renewal Plan for the Downtown Dubuque Urban Renewal Project, Iowa R-15, approved by Resolution No. 123-67 on May 18, 1967, which Original Town Clock Subarea includes the lots and parcels located within the area now legally described as follows: Beginning at the intersection of the north right-of-way line of Ninth Street with the east right-of-way line of Central Avenue; thence south along the east right-of-way line of Central Avenue to its intersection with the south right-of-way line of Fourth Street; thence west along the south right-of-way line of Fourth Street to its intersection with the west right-of-way line of Locust Street; thence north along the west right-of-way tine of Locust Street to its intersection with the north right-of-way line of Ninth Street; thence east along the north right-of-way line of Ninth Street to its intersection with the east right-of-way line of Central Avenue which is the point of beginning -2- (b). Old Main Subarea shall mean that portion of the City of Dubuque, Iowa described in the Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District approved by Resolution No. 145-94 on May 2, 1994, which Old Main Subarea includes the lots and parcels located within the area legally described as follows: Beginning at the intersection of the south right-of-way line of Fourth Street with the east right-of-way line of Central Avenue; thence west along the south right-of-way line of Fourth Street to the west right-of-way line of Locust Street; thence south along the west right-of-way line of Locust Street to the north right-of-way line of the Locust Street Connector; thence east along the north right-of-way line of the Locust Street Connector to the west right-of-way line of Highways 151/61; thence north along the west right-of-line of Highways 151/61 to the point of beginning. (c) Town Clock Expansion Subarea shall mean that portion of the City of Dubuque, Iowa described in the Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District approved by Resolution No. 479-97 on November 17, 1997, which Town Clock Expansion Subarea includes the lots and parcels located within the area legally described as follows: South 1/2 of City Lot 167, City Lot 168 and City Lot 168A; Lots 1 & 2 of City Lots 204, 205, 206, 207 and 208, N. 23' of City Lot 263, S. 28.5' of City Lot 263, N. 1/2 of City Lot 262, S. 1/2 of City Lot 262, N. 1/2 of City Lot 261, all in Section 24, Township 89 North, Range 2 East, 5th P.M., Dubuque County, Iowa and any adjoining public right-of-way. (d) Upper Main Subarea shall mean that portion of the City of Dubuque, Iowa described in the Urban Renewal Plan, which Upper Main Subarea includes the tots and parcels located within the area legally described as follows: On the North by Fourteenth Street, on the West by Locust Street, on the South by the Town Clock Expansion Subarea and on the East by Central Avenue, including all public rights-of-way. (e) Amended Proiect Area shall mean the areas of the City of Dubuque, Iowa included within the Original Town Clock Subarea, the Old Main Subarea, the Town Clock Expansion Subarea and the Upper Main Subarea, each as described in this Section. -3- (f) Urblm.R~r[ewal Plan shall mean the Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District approved by Resolution No. 187-02 on t~pri l 1 ,2002. 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 fzom and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3: As to the Original Town Clock Subarea, 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 Town Clock Subarea upon the total sum of the assessed value of the taxable property in the Original Town Clock Subarea as shown on the assessment roll as of January 1, 1966, being the assessment roll last equalized priorto the date of the initial adoption of the Urban Renewal Plan for the Downtown Dubuque Urban Renewal Project, Iowa R-15, 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 the Old Main Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1993, being the assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance No. 23-94. As to the Town Clock Expansion Subarea, 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 as of January 1 of the calendar year preceding the effective date of Ordinance No. 67-97. As to the Upper Main Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2001, 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 subarea 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, -4- refunded, assumed or otheryvise, 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 project activities undertaken within the Amended Project Area pursuant to the Urban Renewal Plan, 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 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 shall be consmaed so as to continue the division of taxes from taxable property in the Original Town Clock Subarea, the Old Main Subarea and the Town Clock Expansion Subarea under the provisions of Section 403.19 of the Code of Iowa, as authorized in Ordinance Nos. 30-82, 23-94, 36-94 and 67-97, 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 Upper Main Subarea 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 subareas contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. -5- 2002. PASSED AND APPROVED this 1 st day of Apri 1 M~yor ~ // ATTEST: ~/City Clerk - Read first time: April 1, 2002 Read second time: April 1, 2002 Read third time: April 1, 2002 PASSED AND APPROVED: Apri 1 l, 2002 PUBLISHED: April 8, 2002 DCOKNELL\I 11969\1\!0422047 -6-