HomeMy WebLinkAbout1985-01-22 OrdinanceORDINANCE NO. 65-3222
AN ORDINANCE PROVIDING FOR THE PARTIAL
EXEMPTION FROM PROPERTY TAXES FOR INDUS-
TRIAL PROPERTIES ON WHICH IMPROVEMENTS
HAVE BEEN MADE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY:
SECTION I. That Chapter 32.1 of the
Municipal Code of the City of Iowa City be
amended to add the following:
Article III. Partial Property Tax
Exemption for Industrial Property.
Section 32.1-31. Established. There
is hereby established a partial
exemption from property taxation of the
actual value added to industrial real
estate by the new construction of
industrial real estate and the acquisi-
tion of or improvement to machinery and
equipment assessed as real estate
pursuant to Section 427A.1, Subsection
1, paragraph a of the 1963 Code of
Iowa.
Section 32.1-32. Definitions. For
the purpose of this article the
following definitions shall apply:
(a) Actual value added. The actual
value added as of the first year
for which the exemption is
received, except that actual value
added by improvements to machinery
and equipment means the actual
value as determined by the
assessor as of January 1 of each
year for which the exemption is
received.
(b) New Construction. New building
and structures and new buildings
and structures which are con-
structed as additions to existing
buildings and structures. New
construction does not include
reconstruction of an existing
building or structure which does
not constitute complete replace-
ment of an existing building or
structure or refitting of an
existing building or structure,
unless the reconstruction of an
existing building or structure is
required due to economic obsoles-
Ordinance No. 8S-3:
Page 2
cence and the reconstruction is
necessary to implement recognized
industry standards for the
manufacturing and processing of
specific products and the recon-
struction is required for the
owner of the building or structure
to continue to competitively
manufacture or process those
products, which determination
shall receive prior approval from
the City Council upon the recom-
mendation of the Iowa Development
Commission.
(c) New Machinery and Equipment. New
machinery and equipment assessed
as real estate pursuant to Section
427A.1, Subsection 1, paragraph e,
of the 1983 Code of Iowa unless
the machinery or equipment is part
of the normal replacement or
operating process to maintain or
j expand the existing operational
status.
Section 32.1-33. Period and Amount
of Exemption. The actual value added
to industrial real estate for the
reasons specified in Section 32.1-31 is
eligible to receive a partial exemption
from taxation for a period of five
years. The amount of actual value added
which is eligible to be exempt from
taxation shall be as follows:
a. For the first year, 75%.
b. For the second year, 60%.
c. For the third year, 45%.
d. For the fourth year, 30%.
e. For the fifth year, 15%.
Section 32.1-34. Limitation on
I Amount of Exemption. The granting of
the exemption under this article for
new construction constituting complete
replacement of an existing building or
structure shall not result in the
assessed value of the industrial real
estate being reduced below the assessed
value for the industrial real estate
before the start of the new construc-
tion added.
FM
Ordinance No. 85-?'
Page 3
Section 32.1-35. Application for
filedtion. An for each project t�resulting on shall in
actual value added for which an
exemption is claimed. The application
for exemption shall be filed by the
owner of the property with the City
Assessor by February 1 of the assess-
ment year in which the value added is
first assessed for taxation. Applica-
tions for exemption shall be made on
forms prescribed by the Director of
Revenue and shall contain information
pertaining to the nature of the
1 improvement, its cost, and other
} information deemed necessary by the
Director of Revenue.
j Section 32.1-36. Application for
Prior Approval. A person may submit a
proposal to the City Council to receive
I prior approval for eligibility for tax
exemption on new construction. The
City Council, by ordinance, may give
its prior approval of a tax exemption
for new construction if the new
construction is in conformance with
Chapter 36, the Zoning Ordinance of
Iowa City. The ordinance may be
enacted not less than 30 days after a
public hearing is held in accordance
with Section 362.3 of the 1983 Code of
Iowa. Such prior approval shall not
entitle the owner to exemption from
taxation until the new construction has
been completed and found to be quali-
fied real estate. However, if the tax
exemption for new construction is not
approved, the person may submit an
amended proposal to the City Council to
approve or reject.
Section 32.1-37. Repeal. When in
the opinion of the City Council
continuation of the exemption granted
by this ordinance ceases to be of
benefit to the City, the City Council
may repeal this ordinance, but all
existing exemptions shall continue
until their expiration.
Section 32
Prohibited. A1property uExemptions
tax eption
under this ordinance shall not be
granted if the property for which the
M
Ordinance No.
Page 4
exemption is claimed has received any
other property tax exemption authorized
by law.
SECTION II. This ordinance shall be in
full force and effect from and after its
passage and publication ds provided by
law.
SECTION III. REPEALER: All ordinances
and parts of ordinances in conflict with
the provision of this ordinance are hereby
repealed.
SECTION IV. SEVERABILITY: If any
section, provision or par of the Ordi-
nance shall be adjudged to be 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.
Passed and approved this 22nd. day of
January, 1985
MAYOR
ATTEST: )
C TY CLERK
Rerelved & Approved
ny Tli. egal Dep rtmeet
i is �
It was moved by Ambrisco and seconded by Dickson
that the Ordinance as rea a adopted and upon ro c—Tl aTl—Mere
were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
X DICKSON
_ ERDAHL
X MCDONALD
X STRAIT
— ZUBER
First consideration 1/8/85
Vote for passage: Ayes: Dickson, Strait, Zuber, Ambrisco,
Nays: Brdahl
Absent: Baker, McDonald
Second consideration 1/15/85
Vote for passage Ayes: Ambrisco, Dickson, WDonald, Strait, Zuber
Nays: Baker, Brdahl
Date published January 26. 1985
M
1
I
�
1
1
f 0.,
It was moved by Ambrisco and seconded by Dickson
that the Ordinance as rea a adopted and upon ro c—Tl aTl—Mere
were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
X DICKSON
_ ERDAHL
X MCDONALD
X STRAIT
— ZUBER
First consideration 1/8/85
Vote for passage: Ayes: Dickson, Strait, Zuber, Ambrisco,
Nays: Brdahl
Absent: Baker, McDonald
Second consideration 1/15/85
Vote for passage Ayes: Ambrisco, Dickson, WDonald, Strait, Zuber
Nays: Baker, Brdahl
Date published January 26. 1985
M