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AMENDING SHELBY COUNTY ORDINANCE NO. 1995-3 AN ORDINANCE PROVIDING FOR THE DIVISION OF TAXES LEVIED ON TAXABLE PROPERTY IN THE URBAN RENEWAL AREA OF SHELBY COUNTY, IOWA, PURSUANT TO SECTION 403.19 OF THE CODE OF IOWA BE IT ENACTED by the Board of Supervisors of Shelby 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 Urban Renewal Area of Shelby County, Iowa, 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 Shelby 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 the County of Shelby, Iowa. Urban Renewal Area shall mean the Urban Renewal Area of Shelby County, Iowa, 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 August 22, 1995 and amended October 19, 2004. August 22, 1995 A parcel of land in the NE Ό of Section 25, Township 79 North, Range 39 West of the 5th P.M., Shelby County, Iowa, commencing at the SE Corner of the NE Ό of Section 25-70-39, thence S 89°4430 W 1,095.8 feet along the South line of said NE Ό, thence N 00°0530 E 1.9 feet to the point of beginning, thence continuing N 00°0530 E 1,330.9 feet, thence S 89°2405 W 1,063.8 feet to a point on the Easterly right-of-way line of U.S. Highway 59, thence S 11°4625 W 257.0 feet along said right-of-way, thence S 05°0120 W 600.1 feet along said right-of-way, thence S 06°1130 W 475.2 feet along said right-of-way, thence N 89°5430 E 1,217.8 feet to the point of beginning. Said parcel contains 35.00 acres, more or less. October 19, 2004 Parcel No. 831125104002 - A strip of land 20.00 feet in width lying 10.00 feet on each side of the following described line or line extended: Commencing as a point of reference at the East Quarter Corner of said Section 25; thence North 00 deg. 45 05 East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), a distance of 1,333.76 feet along the east line of said Northeast Quarter; thence North 89 deg. 14 55 West, a distance of 460.82 feet to a point on the north line of said Southeast Quarter of the Northeast Quarter, said point being the point of beginning; thence South 70 deg. 22 48 West, a distance of 343.05 feet; thence South 69 deg. 55 08 West, a distance of 335.45 feet to the east line of Shelby County Business Park, an official plat, now included in and forming part of the City of Harlan, Shelby County, Iowa. Containing 13,570 square feet or 678.5 linear feet, more or less.
Parcel No. 831030202005 - A strip of land 20.00 feet in width lying 10.00 feet on each side of the following described line or line extended: Commencing as a point of reference at the West Quarter Corner of said Section 30; thence North 00 deg. 45 05 East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), a distance of 1,474.93 feet along the west line of said Northwest Fractional Quarter; thence North 89 deg. 14 55 East, a distance of 30.00 feet to the east right-of-way of Old Highway 59, said point being the point of beginning; thence North 60 deg. 28 52 East, a distance of 130.90 feet; thence North 89 deg. 32 31 East, a distance of 191.41 feet to the north line of Owners property.
Containing 6,450 square feet or 322.5 linear feet, more or less.
Parcel No. 831030201004 A strip of land 20.00 feet in width lying 10.00 feet on each side of the following described line or line extended: Commencing as a point of reference at the West Quarter Corner of said Section 30; thence North 00 deg. 45 05 East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), a distance of 1,540.72 feet along the west line of said Northwest Fractional Quarter; thence South 89 deg. 14 55 East, a distance of 1,620.00 feet to the west line of said Northeast Quarter of the Northwest Fractional Quarter, said point being the point of beginning; thence South 82 deg. 50 50 East, a distance of 20.62 feet; thence North 60 deg. 47 19 East, a distance of 170.00 feet; thence North 75 deg. 56 09 East, a distance of 380.00 feet; thence North 52 deg. 35 19 East, a distance of 240.00 feet; thence North 59 deg. 05 52 East, a distance of 220.00 feet; thence North 87 deg. 14 04 East, a distance of 295.00 feet; thence North 00 deg. 37 29 East, a distance of 548.91 feet to the north line of said Northeast Quarter of the Northwest Fractional Quarter.
Containing 37,490 square feet or 1874.5 linear feet, more or less. Parcel No. 831030202003 and 831030201002 A strip of land 20.00 feet in width lying 10.00 feet on each side of the following described line or line extended: Commencing as a point of reference at the West Quarter Corner of said Section 30; thence North 00 deg. 45 05 East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), a distance of 1,544.96 feet along the west line of said Northwest Fractional Quarter; thence South 89 deg. 14 55 East, a distance of 337.42 feet to the north line of the property conveyed to Owners in Book 2000 on Page 1114 in the Shelby County Recorders Office, said point being the point of beginning; thence North 89 deg. 32 31 East, a distance of 208.59 feet; thence North 80 deg. 51 31 East, a distance of 400.00 feet; thence North 82 deg. 41 28 East, a distance of 400.00 feet; thence South 82 deg. 20 50 East, a distance of 284.38 feet to the east line of said Owners property recorded in Probate Book 73 on Page 236.
Containing 25,860 square feet or 1293 linear feet, more or less. Parcel No. 831125101001 A strip easement 20.00 feet in width lying 10.00 feet on each side of the following described line or line extended: Commencing as a point of reference at the East Quarter Corner of said Section 25; thence North 00 deg. 45 05 East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), a distance of 1,487.60 feet along the east line of said Northeast Quarter; thence North 89 deg. 14 55 West, a distance of 33.00 feet to the west right-of-way of Old Highway 59, said point being the point of beginning; thence South 86 deg. 15 44 West, a distance of 18.37 feet; thence South 70 deg. 19 59 West, a distance of 380.00 feet; thence South 70 deg. 22 48 West, a distance of 56.95 feet to the south line of said Northeast Quarter of the Northeast Quarter.
Containing 9,110 square feet or 455.5 linear feet, more or less. Section 3. PROVISIONS FOR THE 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 school district or other taxing district in which the urban renewal area is located, shall be divided as follows: (a) that portion of 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 in the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the county auditor certifies the amount of loans, advances, indebtedness, or bonds payable from the division of property tax revenue shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by and for the 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 an urban renewal area on the effective date of the ordinance or initial adoption of the plan, 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 to include the annexed area, shall be used in determining the assessed valuation of the taxable property in the annexed area. (b) That portion of the taxes each year in excess of such amount 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), incurred by the county to finance or refinance, in whole or in part, an urban renewal project within the area, except that the taxes for the payment of bonds and interest of each taxing district must be collected against all taxable property within the taxing district without limitation by provisions of this ordinance. Unless and until the total assessed valuation of the taxable property in the Business Park Urban Renewal Area exceeds the total assessed value of the taxable property in such area, all of the taxes levied and collected upon the taxable property in the urban renew area shall be paid into funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as all other taxes. When such loans, advances, indebtedness, and bonds, if any, and interest thereon, have been paid, all moneys 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. (c) That portion of taxes mentioned in subsection (b) above and the special fund into which they 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, a project within the Business Park Urban Renewal Area. (d) 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. (e) Upon certification of the amount of loans, advances, indebtedness, or bonds which qualify for payment for the special fund referred to in subsection (b) above, and the filing of the certificate shall make it a duty of the auditor to provide for the division of taxes in each subsequent year until the amount of the loans, advances, indebtedness, or bonds is paid to the special fund. Section 4. REPEALER. All other 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 Shelby County this 18th day of January, 2005. SHELBY COUNTY BOARD OF SUPERVISORS ROGER SCHMITZ, Chairman RICHARD FERRY, Member LAVON CHRISTENSEN, Member ATTEST: MARSHA J. CARTER, Shelby County Auditor |
