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April 5, 2006
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The Board of Supervisors of Clayton County, Iowa, met on April 5, 2006, at 11:00 o’clock, a .m., at the Board of Supervisors Office, Elkader, Iowa, for the purpose of conducting a public hearing on the designation of an urban renewal area and on a proposed urban renewal plan and project. The Chairperson presided and the roll being called the following Supervisors were present and absent:
Present: Robert Walke, Neil Meyer, Larry Gibbs Absent: None
The Board investigated and found that notice of the intention of the Board to conduct a public hearing on the designation of the Clayton County Recycling Urban Renewal Area and on an urban renewal plan and project for the Area had been published according to law and as directed by the Board and that this is the time and place at which the Board shall receive oral or written objections from any resident or property owner of the County. All written objections, statements, and evidence heretofore filed were reported to the Board, and all oral objections, statements, and all other exhibits presented were considered.
The following named persons presented oral objections, statements, or evidence as summarized below; filed written objections or statements, copies of which are attached hereto; or presented other exhibits, copies of which are attached hereto:
Don Runde, Clayton County Recycling, explained his operation of the new car shredder equipment.
There being no further objections, comments, or evidence offered, the Chairperson announced the hearing closed.
Supervisor Walke moved the adoption of a resolution entitled “A resolution to declare necessity and establish an urban renewal area, pursuant to Section 403.4 of the Code of Iowa and approve urban renewal plan and project for the Clayton County Recycling Urban Renewal Area”, seconded by Supervisor Meyer. After due consideration, the Chairperson put the question on the motion and the roll being called, the following named Supervisors voted:
Ayes: Walke, Meyer, Gibbs Nays: None
Whereupon, the Chairperson declared the resolution duly adopted and signed approval thereto.
RESOLUTION NO. 9-2006
A resolution to declare necessity and establish an urban renewal area, pursuant to Section 403.4 of the Code of Iowa and approve urban renewal plan and project for the Clayton County Recycling Urban Renewal Area
WHEREAS, as a preliminary step to exercising the authority conferred upon Iowa counties by Chapter 403 of the Code of Iowa, the “Urban Renewal Law”, a county must adopt a resolution finding that one or more slums, blighted or economic development areas exist in the county and that the rehabilitation, conservation, redevelopment, development or a combination thereof, of such area or areas is necessary in the interest of the public health, safety or welfare of the residents of the county; and
WHEREAS, it has been recommended that the Board of Supervisors of Clayton County, Iowa (the “County”) take action to establish an urban renewal area on the real property (the “Property”) lying within the boundaries set out in Exhibit A to this Resolution; and
WHEREAS, a proposal has been made which establishes the need to designate the area as being appropriate for economic development; and
WHEREAS, the proposal demonstrates that sufficient need exists to warrant finding the area an economic development area; and
WHEREAS, notice of a public hearing by the Board of Supervisors on the question of establishing the area identified above as an urban renewal area and on a proposed urban renewal plan and project for the area was heretofore given in strict compliance with the provisions of Chapter 403 of the Code of Iowa, and the Board has conducted said hearing; and
WHEREAS, the proposed urban renewal plan and project were submitted to and approved by the Planning and Zoning Commission of the County; and
WHEREAS, Section 403.17 of the Code of Iowa requires an agreement between a county and a city with respect to an urban renewal area located within two miles of the city limits of a city, and the Property is located within two miles of the city limits of the City of Luana and within two miles of the city limits of the City of Monona; and
WHEREAS, the joint agreements previously submitted to the Cities of Luana and Monona have been executed and delivered to the County; and
WHEREAS, copies of the urban renewal plan, notice of public hearing and notice of a consultation meeting with respect to the urban renewal plan were mailed to MFL-MarMac Community School District and Northeast Iowa Community College; the consultation meeting was held; and responses to any comments or recommendations received following the consultation meeting were made as required by law;
NOW, THEREFORE, It Is Resolved by the Board of Supervisors of Clayton County, Iowa, as follows:
Section 1. An economic development area as defined in Chapter 403 of the Code of Iowa is found to exist within the boundaries set out in Exhibit A.
Section 2. The area identified in Section 1 hereof is hereby declared to be an urban renewal area, in conformance with the requirements of Chapter 403 of the Code of Iowa, and is hereby designated the Clayton County Recycling Urban Renewal Area.
Section 3. The development of this area is necessary in the interest of the public health, safety or welfare of the residents of Clayton County, Iowa.
Section 4. It is hereby determined by this Board of Supervisors as follows:
The proposed urban renewal plan conforms to the general plan of the county as a whole;Proposed economic development in the urban renewal area is necessary and appropriate to facilitate the proper growth and development of the County in accordance with sound planning standards and local community objectives.
Section 5. The urban renewal plan for the Clayton County Recycling Urban Renewal Area is made a part hereof and is hereby in all respects approved in the form presented to this Board, and the proposed project for such area based upon such plan is hereby in all respects approved.
Section 6. All resolutions or parts thereof in conflict herewith are hereby repealed, to the extent of such conflict.
Passed and approved April 5, 2006.
EXHIBIT A
Legal Description
Clayton County Recycling Urban Renewal Area
Lot 1 in the Southeast Quarter of the Northeast Quarter and Lot 1 in the Northeast Quarter of the Southeast Quarter of Section 9, Township 95 North, Range 5 West of the Fifth Principal Meridian, Clayton County, Iowa according to plat recorded in Book 15, Page 109
The Board of Supervisors of Clayton County, Iowa, met on April 5, 2006 at 11:00 o’clock a.m., at the Board of Supervisors Office, in Elkader, Iowa. The Chairperson presided and the roll was called showing Supervisors present and absent, as follows:
Present: Robert Walke, Neil Meyer, Larry Gibbs
Absent: None
Supervisor Walke introduced an ordinance entitled “Ordinance No. 1-2006. An Ordinance providing for the division of taxes levied on taxable property in the Clayton County Recycling Urban Renewal Area, pursuant to Section 403.19 of the Code of Iowa.”
It was moved by Supervisor Walke and seconded by Supervisor Meyer that the aforementioned ordinance be adopted. The Chairperson put the question on the motion and the roll being called, the following named Supervisors voted:
Ayes: Walke, Meyer, Gibbs Nays: None
Whereupon, the Chairperson declared the motion duly carried and declared that said ordinance had been given its initial passage.
It was moved by Supervisor Walke and seconded by Supervisor Meyer that the statutory rule requiring said ordinance to be considered and voted on for passage at two Board meetings prior to the meeting at which it is to be finally passed be suspended. The Chairperson put the question on the motion and the roll being called, the following named Supervisors voted:
Ayes: Walke, Meyer, Gibbs Nays: None.
Whereupon, the Chairperson declared the motion duly carried.
It was moved by Supervisor Walke and seconded by Supervisor Meyer that the ordinance entitled “Ordinance No. 1-2006. An Ordinance providing for the division of taxes levied on taxable property in the Clayton County Recycling Urban Renewal Area, pursuant to Section 403.19 of the Code of Iowa”, now be put upon its final passage and adoption. The Chairperson put the question on the final passage and adoption of said ordinance and the roll being called, the following named Supervisors voted:
Ayes: Walke, Meyer, Gibbs Nays: None
Whereupon, the Chairperson declared the motion duly carried and said ordinance duly adopted, as follows:
ORDINANCE NO. 1-2006
An Ordinance Providing for the Division of Taxes Levied on Taxable Property in the Clayton County Recycling Urban Renewal Area, Pursuant to Section 403.19 of the Code of Iowa
BE IT ENACTED by the Board of Supervisors of Clayton County, Iowa:
Section 1. Purpose. The purpose of this ordinance is to provide for the division of taxes levied on the taxable property in the Clayton County Recycling Urban Renewal Area, each year by and for the benefit of the state, city, county, school districts or other taxing districts after the effective date of this ordinance in order to create a special fund to pay the principal of and interest on loans, moneys advanced to or indebtedness, including bonds proposed to be issued by Clayton County to finance projects in such area.
Section 2. Definitions. For use within this ordinance the following terms shall have the following meanings:
“County” shall mean Clayton County, Iowa.
“Urban Renewal Area” shall mean the Clayton County Recycling Urban Renewal Area, the boundaries of which are set out below, such area having been identified in the Urban Renewal Plan approved by the Board of Supervisors by resolution adopted on April 5, 2006:
Lot 1 in the Southeast Quarter of the Northeast Quarter and Lot 1 in the Northeast Quarter of the Southeast Quarter of Section 9, Township 95 North, Range 5 West of the Fifth Principal Meridian, Clayton County, Iowa according to plat recorded in Book 15, Page 109.
Section 3. Provisions for Division of Taxes Levied on Taxable Property in the Urban Renewal Area. After the effective date of this ordinance, the taxes levied on the taxable property in the Urban Renewal Area each year by and for the benefit of the State of Iowa, the County and any city, school district or other taxing district in which the Urban Renewal Area is located, shall be divided as follows:
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 upon the total sum of the assessed value of the taxable property in the Urban Renewal Area, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the County certifies to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the special fund referred to in paragraph (b) below, 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. For the purpose of allocating taxes levied by or for any taxing district which did not include the territory in the Urban Renewal Area on the effective date of this ordinance, but to which the territory has been annexed or otherwise included after the effective date, the assessment roll applicable to property in the annexed territory as of January 1 of the calendar year preceding the effective date of the ordinance which amends the plan for the Urban Renewal Area to include the annexed area, shall be used in determining the assessed valuation of the taxable property in the annexed area.
that portion of the taxes each year in excess of such amounts shall be allocated to and when collected be paid into a special fund of the County to pay the principal of and interest on loans, moneys advanced to or indebtedness, whether funded, refunded, assumed or otherwise, including bonds issued under the authority of Section 403.9(1), of the Code of Iowa, incurred by the County to finance or refinance, in whole or in part, projects in the Urban Renewal Area, and to provide assistance for low and moderate-income family housing as provided in Section 403.22, 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 payment of bonds and interest of each taxing district shall be collected against all taxable property within the taxing district without limitation by the provisions of this ordinance. Unless and until the total assessed valuation of the taxable property in the Urban Renewal Area exceeds the total assessed value of the taxable property in such area as shown by the assessment roll referred to in subsection (a) of this section, all of the taxes levied and collected upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. When such loans, advances, indebtedness, and bonds, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property.
The portion of taxes mentioned in subsection (b) of this section and the special fund into which that portion shall be paid may be irrevocably pledged by the County for the payment of the principal and interest on loans, advances, bonds issued under the authority of Section 403.9(1) of the Code of Iowa, or indebtedness incurred by the County to finance or refinance in whole or in part projects in the Urban Renewal Area.
As used in this section, the word “taxes” includes, but is not limited to, all levies on an ad valorem basis upon land or real property.
Section 4. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
Section 5. Saving Clause. If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section 6. Effective Date. This ordinance shall be effective after its final passage, approval and publication as provided by law.
Passed and approved by the Board of Supervisors of Clayton County, Iowa, on April 5, 2006.
The Board of Supervisors of Clayton County, Iowa, met at the Board Office, Elkader, Iowa, on April 5, 2006, at 10 o’clock a.m. The Chairperson presided and the roll being called, the following named Supervisors were present and absent:
Present: Robert Walke, Neil Meyer, Larry Gibbs
Absent: None
Supervisor Walke introduced the resolution next hereinafter set out and moved its adoption, seconded by Supervisor Meyer; and after due consideration thereof by the Board, the Chairperson put the question upon the adoption of said resolution, and the roll being called, the following named Supervisors voted:
Ayes: Walke, Meyer, Gibbs Nays: None.
Whereupon, the Chairperson declared said resolution duly adopted, as follows:
RESOLUTION NO. 10-2006
To fix a date of meeting at which it is proposed to approve a Development Agreement with Clayton County Recycling, Inc., including tax increment payments in an amount not to exceed $250,000
WHEREAS, Clayton County, Iowa (the “County”), pursuant to and in strict compliance with all laws applicable to the County, and in particular the provisions of Chapter 403 of the Code of Iowa, has adopted an Urban Renewal Plan for the Clayton County Recycling Urban Renewal Area (the “Urban Renewal Area”); and
WHEREAS, this Board has adopted an ordinance providing for the division of taxes levied on taxable property in the Urban Renewal Area pursuant to Section 403.19 of the Code of Iowa and establishing the fund referred to in Subsection 2 of Section 403.19 of the Code of Iowa, which fund and the portion of taxes referred to in that subsection may be irrevocably pledged by the County for the payment of the principal and interest on indebtedness incurred under the authority of Section 403.9 of the Code of Iowa to finance or refinance in whole or in part projects in the Urban Renewal Area; and
WHEREAS, the County now proposes to enter into an agreement (the “Development Agreement”) with Clayton County Recycling, Inc., (the “Company”) with respect to the construction of improvements to the Company’s metal recycling facility; and
WHEREAS, the Development Agreement would provide financial incentives to the Company in the form of incremental property tax payments in an amount not to exceed $250,000 under the authority of Section 403.9(1) of the Code of Iowa; and
WHEREAS, it is necessary to set a date for a public hearing on the Development Agreement, pursuant to Section 403.9 of the Code of Iowa;
NOW THEREFORE, IT IS RESOLVED by the Board of Supervisors of Clayton County, Iowa, as follows:
Section 1. This Board shall meet on the 26th day of April, 2006, at 10:30 o’clock a.m., at the Board Office, Elkader, Iowa, at which time and place proceedings will be instituted and action taken to approve the Development Agreement and to authorize the incremental property tax payments.
Section 2. The County Auditor is hereby directed to give notice of the proposed action, the time when and place where said meeting will be held, by publication at least once not less than four days and not more than twenty days before said meeting in a legal newspaper of general circulation in the County. Said notice shall be in substantially the following form:
NOTICE OF MEETING FOR APPROVAL OF DEVELOPMENT AGREEMENT WITH CLAYTON COUNTY RECYCLING, INC. AND AUTHORIZATION OF TAX INCREMENT PAYMENTS
The Board of Supervisors of Clayton County, Iowa, will meet at the Board Office, Elkader, Iowa, on the 26th day of April, 2006, at 10:30 o’clock a.m., at which time and place proceedings will be instituted and action taken to approve a Development Agreement between the County and Clayton County Recycling, Inc. with respect to the construction of improvements to the Company’s metal recycling facility, which provides for certain financial incentives in the form of incremental property tax payments in a total amount not exceeding $250,000, as authorized by Section 403.9 of the Code of Iowa.
The agreement to make incremental property tax payments will not be a general obligation of the County, but will be payable solely and only from incremental property tax revenues generated within the Clayton County Recycling Urban Renewal Area.
At the meeting, the Board will receive oral or written objections from any resident or property owner of the County. Thereafter, the Board may, at the meeting or at an adjournment thereof, take additional action to approve the Development Agreement or may abandon the proposal.
This notice is given by order of the Board of Supervisors of Clayton County, Iowa, in accordance with Section 403.9 of the Code of Iowa.
Dennis Freitag
County Auditor
Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed.
Passed and approved April 5, 2006.
/s/ Larry Gibbs, Chairman
/s/ Dennis Freitag, County Auditor
© 2007 Clayton County, Iowa