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HomeMy WebLinkAbout2004-05-03 Public hearing NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, CONSIDERING A PETITION TO ESTABLISH A SELF-SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT WITHIN THE CITY OF IOWA CITY, IOWA Notice is hereby given that a public hearing will be held by the City Council of Iowa City, iowa, at 5:15 p.m., on the 3r~ day of May, 2004, in City Hall, Emma Harvat Hall, 410 E. Washington Street, iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider the creation of a Self-Supported Municipal Improvement District within the city limits. Pursuant to Chapter 386 of the Code of Iowa, herein "Act", a Petition has been filed with the City Council requesting that the City establish a Self-Supported Improvement District as contemplated by Chapter 386 of the Code. The name of the proposed District shall be the "CB-10 Self-Supported Municipal Improvement District". The property to be included in the proposed CB-10 Self-Supported Municipal Improvement District is all property located in Iowa City's CB-10 zone, generally located between Iowa Avenue, Burlington Street, Gilbert Street and Capitol Street (see enclosed map). Said property is legally described as follows: That property extending from the northern right-of-way line of Burlington Street from the eastern right-of- way line of Capitol Street to the western right-of-way line of Gilbert Street; and extending from the western right-of-way line of Gilbert Street from the northern right-of-way line of Burlington Street to the southern right-of-way line of Iowa Avenue; and extending from the southern right-of-way line of Iowa Avenue from the western right-of-way line of Gilbert Street to the eastern right-of-way line of Clinton Street; and extending from the eastern right-of-way line of Clinton Street from the southern right-of-way line of Iowa Avenue to the southern right-of-way line of Washington Street; and extending from the southern right-of-way line of Washington Street from the eastern right-of-way line of Clinton Street to the eastern right-of-way line of Capitol Street; and from the eastern right-of-way line of Capitol Street from the southern right-of-way line of Washington Street to the northern right-of-way line of Burlington Street. The purposes of the proposed CB-10 SSMID shall be the undertaking of actions authorized by the Act and include, but not limited to the performance of administration and all actions intended to benefit the property within the proposed CB-10 SSMID; and also, to enhance the appearance of the District with holiday decorations, banners; installing si§nage and other amenities. Specific improvements shall be such type, at such locations and in accordance with such plans as may be prepared by a CB-10 SSMID Board and recommended to the City Council. The maximum rate of tax which is requested to be imposed and to be levied annually shall not exceed $2.00 per $1,000.00 of taxable value of the "property" in any one year in addition to all other taxes. The proposed levy shall be distributed to the operation fund. All residents may appear and be given an opportunity to express their views for or against the proposed establishment of a self-supported municipal improvement district. Copies of the proposed ordinance and a map of the proposed CB-10 SSMID area are on file for public examination in the office of the City Clerk, City Hall, 410 E. Washington St., Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK City of Iowa City MEMORANDUM DATE: February 23, 2004 TO: Planning and Zoning Commission FROI~I: Steven Nasby, Community and Economic Development Coordinator~Cv]~-J" Hitch Behr, Assistant City Attorney ~ RE: Proposed CB-:[0 Self-Supported Municipal Improvement District At your January 15, 2004 meeting the Commission considered the proposed CB-10 Self~ Supported Municipal Improvement District (SSMID) and received public input. At the request of the CB-10 petitioners, the Commission deferred consideration of the SSMID until March 4. To discuss this matter in more detail, on February 6, 2004, the Downtown Association hosted an informational meeting for property owners and tenants. At the January meeting, there were several questions raised by the Commission and the public that required consultation with our bond attorney. A description of these questions and the response from our bond counsel is as follows: 1. Would the SSHID levy be considered a tax or an assessment? · The SSMID is called a "tax"in the Iowa Code references and should be treated as such, 2. A property owner that signed the petition in favor of the SSMID has since sold the property. Can the new owner(s) of the property "remove" their property from the original petition? · The act of "petitioning" was completed when the peNt/on signed by the former owner(s) was fi/ed. That act merely started the SSMID process. The new owner(s) are free to support the pet/t/on that is being considered or join other owners in filing a pet/t/on to stop the adopt/on of the district, 3, One of the properties in the proposed SSMID area is a Low Income Housing Tax Credit (Section 42) property. How would a SSHID lew interact with this type of property? · Low-rent housing is exempt from property tax, upon proper app/icaUon, during the term of the original/ow-rent housing mortgage (Sect/on 427(1)(21)). These taxes shou/d be handled in the same manner as a// other property taxes app//cab/e to this property. As mentioned in the January 9, 2004 memorandum, Iowa Code requires the Planning and Zoning Commission to review the proposal and w/th due diligence report to the Council with a recommendation on the "merits and feasibility" of the project. Within the January 9, 2004 February 25. 2004 Page 2 memorandum is a report containing review criteria for your consideration, along with Staffs comments regarding each of the criteria. Because of' the statutory requirement that the Planning and Zoning Commission make its report and recommendation to Council with due diligence, Staff recommends that the Commission be prepared to make its report and recommendation at the close of the March 4 meeting. The report contained in the January 9, 2004 memorandum, a copy of which is attached hereto f'or your reference, can be used as your report, of' course modified in accordance with your wishes. you have any questions please contact Steve Nasby at 356-5248. Cc: City Manager Eleanor Dilkes, City Attorney Kevin O'Malley, Finance Director Karin Franklin, Director of Planning and Community Development Bob Miklo, Senior Planner City of Iowa City MEMORANDUM DATE: January 7, 2004 TO: Planning and Zoning Commission FROI~I: City Council RE: Proposed CB-10 Self-Supported Municipal Improvement District A petition has been filed with the City of Iowa City by downtown property owners requesting the establishment of a Self-Supported Municipal Improvement District (SSMID). Pursuant to Iowa Code Section 386.3 the City Council is notifying the Planning and Zoning Commission of the receipt of a petition and is requesting that the Planning and Zoning Commission to make a recommendation to the Council in regard to the proposed SSt4ID. Iowa Code Section 386.3(3) states "The council shall notify the city planning commission upon the receipt of a petition. It shall be the duty of the city planning commission to make recommendations to the council in regard to the proposed district. The city planning commission shall, with due diligence, prepare an evaluative report for the council on the merits and feasibility of the project. The council shall not hold its public hearings or take further action on the establishment of the district until it has received the report of the city planning commission. In addition to its report, the commission may, from time to time, recommend to council amendments and changes relating to the project." The specific process for establishing a SSMID is contained in Iowa Code Section 386. Following the receipt of the recommendation by the Planning and Zoning Commission, the next step is for Council to set a public hearing on a SSMID ordinance. In addition, a formal notification to property owner(s) is required, as is a 30-day waiting period before the public hearing. Should the proposed SSMID proceed, the City must also adopt an ordinance designating the SSIVlID. If you need additional information regarding the SSMID, please contact Steven Nasby, Community and Economic Development Coordinator, at 356-5248. Cc: Stephen Atkins, City Manager Dale Helling, Assistant City Manager Eleanor Dilkes, City Attorney Marian Karr, City Clerk Karin Franklin, Director of Planning and Community Development Bob Miklo, Senior Planner City of Iowa City MEMORANDUM DATE: .January 9, 2004 TO: Planning and Zoning Commission c~'~ .~ FROIq: Steven Nasby, Community and Economic Development Coordinato RE: Evaluative Report on a Proposed Self-Supported Municipal Improvement District The City has received a petition by property owners within the downtown central business district (zoned CB-10) requesting the creation of a Self-Supported Municipal Improvement District ($SMID) according to Iowa Code Chapter 386 (attached). A memorandum from the City Council notifying the Planning and Zoning Commission, as required by Iowa Code, is also attached. Iowa Code requires the Planning and Zoning Commission to review the petition for "merit and feasibility" and to make an evaluative report to the City Council. The following is a description of a SSMID and some suggestions for the Planning and Zoning Commission on how to review the petition. This petition is the first step to beginning the process of creating a SSM[D. For your information, the cover page of the SSH[D petition (without signatures) is attached. Iowa Code states that the SSM[D petition must be signed by at least 25% of the property owners (within a specific area or district) and that they represent at least 25% of the assessed value of the proposed district. On its face, the SSH[D petition meets these two thresholds. The SSM[D petition submitted to the City contained the signatures of 28.:~25% of the property owners that represented 38.6% of the total assessed value of the property within the proposed SSI'4[D. What is a SSMTD? A SSM[D is essentially a self-imposed additional taxing district that will levy a tax on the properties located in a specified district. The proposed SSIVI~D would cover all properties located in Iowa City's CB-10 zone. Funds generated from the levy would be used for projects that benefit the SSH[D. Below is a listing of the purposes of the SSlVl~D as submitted in the petition. Purposes The petition describes areas of focus for the use of SSIVlID revenues. A wide range of activities is allowed by Iowa Code and may be defined as operational, capital projects, parking abatement and debt service. This petition is designed to establish a SSIVI[D district. Expenditures, other than those allowed as operational expenses (administrative), must follow the process outlined in ~owa Code section 386.6 (improvements) and section 386.13 (parking fee abatement). Essentially, a second petition process will be needed in the future to expend funds for specific projects. Staff has consulted with our bond counsel to determine what expenses would qualify as administrative expenses upon creation of the district, which are the only expenses authorized without further process. January 9, 2004 Page 2 Tax Rate in the SSMID petition, the tax rate is established as a maximum of $2 per $:~,000 of assessed value on all properties located in the CB-10 zone. The 2002 assessed value of the CB-10 zone is about $99 million. At this level, the SSMID would generate about $198,000 per year in revenue at the maximum tax rate. There is an exemption in the iowa Code for residential properties. According to the City Assessor's Office, there is about $3 million in residential property that may be exempted from the SSMID levy. if these residential properties were exempted the maximum SSMID levy would be approximately $~.92,000 per year. Duration of the SSMID The proposed SSMID petition sets a 10-year life with an automatic renewal. A subsequent amendment to the SSMID could change the life of the SSMID. Notification and Public Hearina Following the receipt of the Planning and zoning commission's report, the City Council must set a public hearing and the City Clerk will officially notify all property owners via certified mail at least ~.5 days prior to the public hearing. After the 15 days have elapsed, the City Council could hold a public hearing on an ordinance to create a SSMID. SSMID Ordinance An ordinance implementing the SSMID would need to be created. This ordinance would contain the operational mechanics of how the CB-10 SSMID works. A number of other iowa cities have SSHIDs in place and utilize a SSMID board to oversee the administrative duties, determine what projects would be proposed and then make recommendations to the City Council concerning the business of the SSMID. Council Action Since the creation of a SSHID is done through an ordinance, the City Council would have three readings of the proposed ordinance. Iowa Code states that a SSMID ordinance must be approved by 75% of the members of the Council. Councilors who abstain due to a conflict of interest are not included as "members of the council" in determining the 75%. A unanimous Council vote is required if a petition opposing the SSMID is received, which contains the signatures of 25% of the property owners within the proposed district who represent at least 25% of the assessed value of the district, if an opposition petition contains the signatures of 40% of the property owners who represent at least 40% of the assessed value of the district is received at anytime the SSMID ordinance must be withdrawn and no further affirmative actions may be taken by the Council related to the SSMID ordinance. Amendments to SSHID To amend a SSMID ordinance, property owners within the district must go through the same petition process used to create the SSMID. The amending ordinance is subject to Council approval. January 9, 2004 Page 3 Planninq and Zonino Commission Review As mentioned previously, iowa Code requires the Planning and Zoning Commission to review the proposal and report on the "merits and feasibility" of the project. These terms are not defined or identified in the statute. Our bond counsel has advised that since these terms are not defined, the Planning and Zoning Commission should give them "their ordinary meanings". Some subjects that the Planning and Zoning Commission may want to consider include the following items as identified by our bond counsel. This list should not be viewed as all-inclusive. 1. Whether the properb/in the proposed district meets all of the criteria established in iowa Code Section 386.3(1); · The Cfi-lO $$MID petition has been considered by the City Attorney's Office and Iowa City's bond counseL The CB-lO petition as submitted appears to meet the minimum requirements of Iowa Code sect/on 386.3(1). 2. Whether the petition sufficiently describes the boundaries of the district or provides a consolidated description of the property contained therein; · The CB-lO SSMID pet/t/on describes the area to be included as the downtown properties zoned CB-lO. Iowa City has only one CB-10 zone in the jurisdiction. As such, staff's opinion is that the pet/t/on sufficiently describes the area and meets these requirements as shown in Iowa Code sect/on 386.3(1) that requires the properties to be contiguous and wholly within the boundaries of the city, be given a descriptive name/ndud/ng the words "self-supported municipal improvement district" and be comprised of property related in some manner. 3. Whether a maximum rate of tax that may be imposed upon the property within the district is set forth, and the purposes for which it may be levied; · The CB-lO $SMID pet/t/on establishes a max/mum tax rate of $2 per $1,000 of assessed value. This provision meets the requirement of Iowa Code sect/on 386,3(2)(d). 4. Whether the purpose of the district is adequately described, as well as any improvements or other project activities that may be subject of the petition; · The purposes out#ned in the CB-lO $$MID pet/t/on include marketing and bus/ness development, parking fee abatement, capital projects and operational · Iowa Code sect/on 386.3(2)(e) states that the purpose of the district "may be stated generally': As such, the CB-lO SSPIID pet/t/on meets the requirement establishing a purpose for the d/str/cL · A preliminary review of the proposed $$MID by bond counsel and the City Attorney's Office has determined that operational expenses (including marketing) may be undertaken if the $SMID is approved by the O'ty Council This could include hiring a SSMID coordinator to provide operational support and provide for a marketing campaign, However, any other act/v/t/es (e.g, capita/ January 9, 2004 Page 4 improvements and parking abatement) must come back to the Planning and Zoning Commission and City Council to obtain expenditure authority. 5. Whether the proposed district or improvements would conflict in any way within any existing laws, plans or City policies, including comprehensive plans, zoning ordinances, local or regional development plans or programs, local, state or federal laws or regulations or other established special districts; · The operational functions and marketing that can occur under this CB-lO SShCID pet/t/on, as proposed, does not appear to conflict with any laws, plans or poi/c/es. · The proposed SSPIID area overlaps with the existing City-University Project I Urban Renewal Area. As proposed, the CB-JO SS/~ID does not conflict with the goals or purposes of the City-University Project I Urban Renewa/ Area. Due to this over/ap, State Code indicates that any va/ua#on above the 2002 assessment of Sgg mi#ion on property located in the SShCID area would be captured by the Tax Increment Financing ('I-IF) d/strict that was established w/thin the City- University Project I Urban Renewal Area. If the $ShCID /s approved by the City Council, options do exist to account for any SSNID revenue loss due to the capture of value of the TIF. 6. Whether the taxes proposed, if any, will be sufficient to pay the anticipated costs or other expenses; · As noted above, the max/mum revenue generated from the proposed SSMID would be approximately $192,000 per year. This amount would be sufficient to hire a SSMID coordinator to provide operational support and provide for a marketing campaign. · P/ease note that since the SSMID would be an additional levy or tax, the O'ty Council has the authority to annually establish the tax rate, but only up to the maximum allowed by the CB-lO SSMID petition. 7. Whether other funding sources will be required to construct any of the proposed improvements, and if so, whether they are expected to be available at such times and in such amounts for that purpose; and · No capita/improvements are anticipated at this time. 8. Whether the formation of the district and construction of any proposed improvements are consistent with or in furtherance of other identifiable City policies or goals. · The act/v/t/es that are a/lowed by this CB-lO SSMID petition would serve to compliment City policies and goals by promoting downtown Iowa City. The review by the Planning and Zoning Commission for "merits and feasibility" of the proposed CB-10 SSMID should t~ocus on the operational activities (as defined in Iowa Code section 386.8) that would be eligible. In this context, staff recommends that the CB-:~0 $SVIID petition be recommended for approval and forwarded to the City Council for their consideration. January 9, 2004 Page 5 If you need additional information or have questions about the proposed SSMID please contact me at 356-5248 or via e-mail at Steven-Nasby@iowa-city.orq. Attachments Cc: City Manager Eleanor Dilkes, City Attorney Kevin O'Malley, Finance Director Karin Franklin, Director of Planning and Community Development Bob Miklo, Senior Planner , Iowa Code 2003: Section 386.1 Page 1 o£2 386.1 Definitions. As used in this chapter, unless the context requires otherwise: 1. "Book", "list", "record", or "schedule" kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1. 2. "Cost" of any improvement or self-liquidating ilnprovement includes construction contracts and the cost of engineering, architectural, technical, and legal services, preliminary reports, property valuations, estimates, plans, specifications, notices, acqnisition of real and personal property, consequential damages or costs, easements, rights-of-way, supervision, inspection, testing, publications, printing and sale of bonds, interest during construction and roi' not more than six months thereafter, and provisions for contingencies. 3. "District" means a self-supported municipal improvement district which may be created and the property therein taxed in accordance with this chapter. 4. "Improvement" means any of the following: a. All or any part of a city enterprise as defined in section 384.24, subsection 2. b. Public improvements as defined in section 384.37, subsection 19. c. Those structures, properties, facilities or actions, the acquisition, construction, improvement, installation, reconstruction, enlargement, repair, equipping, purchasing, or taking of which would constitute an essential corporate purpose or general corporate purpose as defined in section 384.24, subsections 3 and 4. 5. "Property" means real property as defined in section 4.1, subsection 13, and in section 427A.1, subsection 1, paragraph 'h". 6. "Property owner" or "owner" means the owner of property, as shown by the transfer books in the office of the county auditor of the county in which the property is located. 7. "Self-liquidating improvement" means any facility or property proposed to be leased in whole or in part to any person or governmental body to further the corporate purposes of the city and: a. To aid in the commercial development of the district. b. To further the purposes of the districts; or c~ Not substantially reduce the city's property tax base. 8. The use of the conjunctive "and" includes the disjunctive "or" and the use of the disjunctive "or" includes the conjunctive "and", unless the context clearly indicates otherwise. 9. All definitions in section 362.2 are incorporated by reference as a part of this chapter, except as provided in subsection 5. Section History: Early form http://www.legis.state.ia.us/IACODE/2003/386/l .html 1/7/2004 Iowa Code 2003: Section 386.1 Page 2 of 2 [C77,79, 81, § 386.1] Section History: Recent form 84 Acts, ch 1179, § 1; 2000 Acts, ch 1148, § 1; 2002 Acts, ch 1119, §200, 201 Previous Section 384.120 Next Section 386.2 © 2003 Cornell College and League of Women Voters of Iowa Comments about this site or page? iacode~staff.!egis.state.ia.us. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators. Last ztp&tte: Tue dan 28 13.'52.'42 CST 2003 URL:/[ACODE/2t)03/386/1 .html jhf http://ww~v.legis.state.ia.us/IACODE/2003/386/1 .html 1/7/2004 Iowa Code 2003: Section 386.2 Page 1 of 1 386.2 Authorization. A city which proposes to create a district, to provide for its existence and operation, to provide for improvements or self-liquidating improvements for the district, to authorize and issue bonds for the purposes of the district, and to levy the taxes authorized by this chapter must do so in accordance with the provisions of this chapter. Section History: Early form [C77, 79, 81, § 386.2] Previous Section 386.1 Next Section 386~3 © 2003 Cornell College and League of Women Voters of Iowa Comments about this site or page? iacode~staff, legis.state.ia.us. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to Stale Legislators. Last update: Tue ,]an 28 13.'52.'42 CST2003 URL:/IACOD[~/2003/386/2.html jhf http://wwvw.legis.state.ia.us/IACODE/2003/386/2.html 1/7/2004 Iowa Code 2003: Section 386.3 Page 1 of 4 386.3 Establishment of district. 1. Districts may be created by action of the council in accordance with the provisions of this chapter. A district shall: a. Be comprised of contiguous property wholly within the boundaries of the city. A self-supported municipal improvement district shall be comprised only of property in districts which are zoned tbr commercial or industrial uses and properties within a duly designated historic district. b. Be given a descriptive name containing the words "self-s~q~ported municipal improvemen! district". c. Be comprised of property related in some manner, including but not limited to present or potential use, physical location, condition, relationship to an area, or relationship to present or potential commercial or other activity in an area, so as to be benefited in any manner, including but ~iot limited to a benefit from present or potential use or enjoyment of the property, by the condition, development or maintenance of the district or of any improvement or self-liquidating improvement of the district, or be comprised of property the owners of which have a present or potential benefit from the condition, development or maintenance of the district or of any improvement or self-liquidating improvement of the district. 2. The council shall initiate proceedings for establishing a district upon the filing with its clerk ora petition containing: a. The signatures of at least twenty-five percent of all owners of property within the proposed district. These signatures must together represent ownership of property with an assessed value of twenty-five percent or more of the assessed value of all of the property in the proposed district. b. A description of the boundaries of the proposed district or a consolidated description of the property within the proposed district. c. The name of the proposed district. d. A statement of the maximum rate of tax that may be imposed upon property within the district. The maximum rate of tax may be stated in terms of separate maximum rates for the debt service tax, the capital improvement fund tax, and the operation tax, or in terms of a maximum combined rate for all three. e. The purpose of the establishment of the district, which may be stated generally, or in terms of the relationship of the property within the district or the interests of the owners of property within the district, or in terms of the improvements or self-liquidating improvements proposed to be developed for the purposes of the district, either specific improvements, self-liquidating improvements, or general categories of improvements, or any combination of the foregoing. [.' A statement that taxes levied for the self-supported improvement district operation fund shall be used for the purpose of paying maintenance expenses of improvements or self-liquidating improvements for a specified length of time, along with any options to renew, if the taxes are to be used for this maintenance purpose. 3. The council shall notify the city planning commission upon the receipt of a petition. It shall be the duty of the city planning commission to make recommendations to the council in regard to the proposed http://w~vw.legis.state.ia.us/IACODE/2003/386/3.html 1/7/2004 Iowa Code 2003: Section 386.3 Page 2 of 4 district. The city planning commission shall, with due diligence, prepare an evaluative report for the council on the merit and feasibility of the project. The council shall not hold its public hearings or take further action on the establishment of the district until it has received the report of the city planning commission. In addition to its report, the commission may, from time to time, recommend to the council ameudments and changes relating to the project. If no city planning commission exists, the council shall notify the metropolitan or regional planning commission upon receipt of a petition, and such commission shall have the same duties as the city planning commission set forth itl this subsection. If no planning commission exists, the council shall notify the zoning commission upon receipt of a petition, and such commission shall have the same dnties as the city planning commission set forth in this subsection. If no planning or zoning commission exists, tile council shall call a hearing on the establishment ora district upon receipt of a petition. 4. Upon the receipt of the commission's final report the council shall set a time and place for a meeting at which the council proposes to take action for the establishment of the district, and shall publish notice of the meeting as provided in section 362.3, and the clerk shall send a copy of the notice by certified mail not less than fifteen days before the meeting to each owner of property within the proposed district at the owner's address as shown by the records of the county auditor. Ifa property is shown to be in the name of more than one owner at the same mailing address, a single notice may be mailed addressed to all owners at that address. Failure to receive a mailed notice is not grounds for objection to the council's taking any action authorized in this chapter. 5. In addition to the time and place of the meeting for hearing on the petition, the notice must state: a. That a petition has been filed with the council asking that a district be established. b. The name of the district. c. The purpose of the district. d. The property proposed to be included in the district. e. The maximum rate of tax which may be imposed upon the property in the district. 6. At the time and place set in the notice the council shall hear all owners of property in the proposed district or residents of the city desiring to express their views. The council must wait at least thirty days after the public hearing has been held before it may adopt an ordinance establishing a district which must be comprised of all the property which the council finds has the relationship or whose owners have the interest described in subsection 1, paragraph "c". Property included in the proposed district need not be included in the established district. However, no property may be included in the district that was not included in the proposed district until the council has held another hearing after it has published and mailed the same notice as required in subsections 4 and 5 of this section on the original petition to the owners of the additional property, or has caused a notice of the inclusion of the property to be personally served upon each owner of the additional property, or has received a ~vritten waiver of notice from each owner of the additional property. 7. Adoption of the ordinance establishing a district requires the affirmative vote of three-fourths of all of the members of the council, or in cities having but three members of the council, the affirmative vote of two members. However if a remonstrance has been filed with the clerk signed by at least twenty-five percent of all owners of property within the proposed district representing ownership of property with an http://wwxv.legis.state.ia.us/IACODE/2003/386/3.html 1/7/2004 Iowa Code 2003: Section 386.3 Page 3 of 4 as'sessed value of twenty-five percent or more of the assessed value of all of the property in the proposed district, the adoption of the ordinance requires a unanimous vote of the council. 8. The clerk shall cause a copy of the ordinance to be filed in the office of the county recorder of each county in which any property within the district is located. 9. At any time prior to adoption of an ordinance establishing a district, the entire matter of establishing such district shall be withdrawn from council consideration if a petition objecting to establishing such district is filed with its clerk containing the signatures of at least forty percent of all owners of property within the proposed district or signatures which together represent ownership of property with an assessed value of forty percent or more of the assessed value of all property within the proposed district. 10. The adoption of ao ordinance establishing a district is a legislative determination that the property within the district has the relationship or its owners have the interest required under subsection 1, paragraph "c" and includes all of the property within the area which has that relationship or the owners of which have that interest in the district. 11. Any resident or property owner of the city may appeal the action and the decisions of the council, including the creation of the district and the levying of the proposed taxes for the district, to the district court of the county in which any part of the district is located, within thirty days after the date upon which the ordinance creating the district becomes effective, but the action and decision of the council are final and conclusive unless the court finds that the council exceeded its authority. No action may be brought questioning the regularity of the proceedings pertaining to the establishment of a district or the validity of the district, or the propriety of the inclusion or exclusion of any property within or from the district, or the ability of the city to levy taxes in accordance with the ordinance establishing the district, after thirty days from the date on which the ordinance creating the district becomes effective. 12. The procedural steps for the petitioning and creation of the district may be combined with the procedural steps for the authorization of any improvement or self-liquidating improvement, or the procedural steps for the authorization of any tax, or any combination thereof. 13. The rate of debt service tax referred to in the petition and the ordinance creating the district shall only restrict the amount of bonds which may be issued, and shall not limit the ability of the city to levy as necessary in subsequent years to pay interest and amortize the principal of that amount of bonds. 14. The ordinance creating the district may provide for the division of all of the property within the district into two or more zones based upon a reasonable difference in the relationship of the property or the interest of its owners, whether the difference is qualitative or quantitative. The ordinance creating the district and establishing the different zones may establish a different maximum rate of tax for each zone, or may provide that the rate of tax for a zone shall be a certain set percentage of the tax levied in the zone which is subject to the highest rate of tax. Section History: Early form [C77, 79, 81, § 386.3] Section History: Recent form 85 Acts, ch 113, §1; 88 Acts, ch 1246, §7 http://www.legis.state.ia.us/IACODE/2003/386/3.html 1/7/2004 · Iowa Code 2003: Section 386.3 Page 4 of 4 Previous Section 386.2 Next Section 386.4 © 2003 Cornell College and League of Women Voters of Iowa Comments about this site or page? iacode~staff, legis.state.ia.us. Please remember that the £erson listed above does nol vote on bills. Direct all comments concerning legislation to State Legislators. Last ttpdate: Tue dan 28 13.'52:42 CST2003 URL:/I ACODI,~/2003/386/3.htmI jhf http://www.legis.state.ia.us/IACODE/2003/386/3.html 1/7/2004 Iowa Code 2003: Section 386.4 Page 1 of 2 386.4 Amendments to district. 1. The ordinance creating the district may be amended and property may be added to the district and the maximum rate of taxes referred to in the ordinance may be increased at any time in the same manner and by the same procedure as for the establishment of a district. All property added to a district shall be subject to all taxes currently and thereafter levied including debt service levies for bonds previously or thereafter issued. 2. Action by the council amending the ordinance creating the district, including adding any eligible property or deleting any property within the district or changing any maximum rate of taxes, shall be by ordinance adopted by an affirmative vote of three-fourths of all of the members of the council, or in cities having but three lnelnbers of the council, the affirmative vote of two members. Hoxvever, if a remonstrance has been filed with the clerk signed by at least twenty-five percent of all owners of property within the district and all property proposed to be included representing ownership of property with an assessed value of twenty-five percent or more of the assessed value of all the property in the district and all property proposed to be included, the amending ordinance must be adopted by unanimous vote of the council. 3. The clerk shall cause a copy of the amending ordinance to be filed in the office of the county recorder of each county in which any property within the district as amended is located. 4. At any time prior to council amendment of the ordinance creating the district, the entire matter of amending such ordinance shall be withdra~vn from council consideration if a petition objecting to amending such ordinance is filed with its clerk containing either the signatures of at least forty percent of all owners of property within the district and all property proposed to be included or signatures which together represent ownership of property with an assessed value of forty percent or more of the assessed value of all property within the district and all property proposed to be included. 5. Any resident or property owner of the city may appeal the action or decisions of the council amending the ordinance creating the district, to the district court of the county in which any part of the district, as amended, is located, within fifteen days after the date upon which the ordinance amending the ordinance creating the district becomes effective, but the action and decision of the council are final and conclusive unless the court finds that the council exceeded its authority. No action may be brought questioning the regularity of the proceedings pertaining to the amended ordinance or the validity of the district as amended, or the propriety of the inclusion or exclusion of any property within or from the amended district, or the ability of the city to levy taxes in accordance with the ordinance establishing the district, as amended, after thirty days from the date upon which the amending ordinance becomes effective. 6. All other provisions in section 386.3 shall apply to an amended district and to the ordinance amending the ordinance creating the district ~vith the same effect as they apply to the original district and the ordinance creating the original district. Section History: Early form [C77, 79, 81, {} 386.4] Previous Section 386.3 http ://ww~w.legis.state.ia.us/IACODE/2003/386/4.html 1/7/2004 · Iowa Code 2003: Section 386.4 Page 2 of 2 Next Section 386.5 © 2003 Cornell College and League of Women Voters of Iowa Comments about this site or page? iacode~stafl:legis.state.ia~us~ Please remember that the person listed above does not vote on bills. Direct all comments' concerning legislation to State Legislators. Last update: Tue dan 28 13,'52:42 CST 2003 URL:/I ACO1)[~;/2003/386/4.hlml jhf http://www.le~is.state.ia.us/IACODE/2003/386/4.html 1/7/2004 Iowa Code 2003: S'ection 386.5 Page 1 of' 1 386.5 Dissolution. A district may be dissolved and terminated by action of the council rescinding the ordinance creating the district, and any subsequent ordinances amending the district, by an affirmative vote of three-fourths of all members of the council, or in cities having but three members of the council, the affirmative vote of two members. However, ifa remonstrance has been filed with the clerk signed by at least twenty-five percent of all owners of property within the district representing ownership of property with an assessed value of twenty-five percent or more of the assessed vahle of all the property in the district, the rescission of the ordinance creating the district, and any subsequent ordinances amending the district, requires a unanimous vote of the council. At any time prior to actiou of the council rescinding the ordinance creating the district, and any ~ubsequent ordinances amending the district, the entire matter of dissolving a district shall be withdrawn from council consideration ifa petition is filed with its clerk containing the signatures of at least forty percent of all owners of property within the district or signatures which together represent ownership of property with an assessed value of forty percent or more of the assessed value of all property within the district. Section History: Early form [C77, 79, 81, SS 386.5] Previous Section o86.4 Next Section 386.6 © 2003 Col'nell College and League of Women Voters oflowa Comlnents about this site or page? iacode~staff~legis,state.ia,us. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators. Last update: Tue dan 28 13.'52.'42 CST2003 URL:/IACOl)1!/2003/386/5.html jhf ttp.//www.leg~s.state.la.us/IACODE/2003/386/5.html 1/7/2004 · Iowa Code 2003: Section 386.6 Page 1 of 2 386.6 Improvements. When a city proposes to construct an improvement the cost of which is to be paid or financed under the provisions of this chapter, it must do so in accordance with the provisions of this section, as follows: 1. The council shall initiate proceedings for a proposed improvelnent upon receipt of a petition signed by at least twenty-five percent of all owners of property within the district representing ownership of property with an assessed value of twenty-five percent or more of the assessed value of all the property in the district~ 2. Upon the receipt of such a petition the council shall notify the city planning commission, if one exists, the metropolitan or regional planning commission, if one exists, or the zoning commission, if one exists, in the order set forth in section 386.3, subsection 3. Upon notification by the council, the commission shall prepare an evaluative report for the council on the merit and feasibility of the improvement and carry out all other duties as set forth in section 386.3, subsection 3. If no planning or zoning commission exists, the council shall call a hearing on a proposed improvement upon receipt of a petition. 3. Upon the receipt of the commission's report the council shall set a time and place of meeting at which the council proposes to take action on the proposed improvement and shall publish and mail notice as provided in section 386.3, subsections 4 and 5. 4. The notice nrust include a statement that an improvement has been proposed, the nature of the improvement, the source of payment of the cost of the improvement., and the time and place of hearing. 5. At the time and place set in the notice the council shall hear all owners of property in the district or residents of the city desiring to express their views. The council lnust wait at least thirty days after the public hearing has been held before it may take action to order construction of the improvement. The provisions of section 386.3, subsections 7 and 9 relating to the adoption of the ordinance establishing a district, the requisite vote therefor, tl~_e remonstrance thereto and the withdrawal of the entire matter from council consideration apply to the adoption of the resolution ordering the construction of the improvement. 6. If the council orders the construction of the improvement, it shall proceed to let contracts therefor in accordance with chapter 384, division VI. 7. The adoption of a resolution ordering the construction of an improvement is a legislative determination that the proposed improvement is in furtherance of the purposes of the district and that all property in the district will be affected by the construction of the improvement, or that all owners of property in the district have an interest in the construction of the improvement. 8. Any resident or property owner of the city may appeal the action or decisions of the council ordering the construction of the improvement to the district court of the county in which any part of the district is located within thirty days after the adoption of the resolution ordering construction of the improvement, but the action and decisions of the council are final and conclusive unless the court finds that the council exceeded its authority. No action may be brought questioning the regularity of the proceedings pertaining to the ordering of the construction of an improvement, or the right of the city to apply moneys in the capital ilnprovement fund referred to in this chapter to the payment of the costs of the improvement, or the right of the city to issue bonds referred to in this chapter for the payment of the costs of the improvement, or the right of the city to levy taxes which with any other taxes authorized by http://www.legis.state.ia.us/IACODE/2003/386/6.html 1/7/2004 Iowa Code 2003: Section 386.6 Page 2 of 2 . this chapter do uot exceed the maximum rate of tax that may be imposed upon property withiu the district for the payment of principal of and interest on bonds issued to pay the costs of the improvement, after thirty days fi'Oln the date of adoption of the resolution ordering construction of the improvement. 9. The procedural steps contained in this section may be combined with the procedural steps for the petitioning and creation ol'the district or the procedural steps for the authorization of any tax or any combination thereof. Section History: Early form [C77, 79, 81, § 386.61 Previous Section 386._ Next Section 386.7 © 2003 Cornell College and League of Wome_n Voters of Iowa Comments about this site or page? iacode~stafl:legis,state,ia,gs. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators. Last update: Tue dan 28 13.'52.'42 CST2003 URL:/IACO1)1~/2003/386/6.html jhf http://www.legis.state.ia.us/IACODE/2003/386/6.html 1/7/2004 · Iowa Code 2003: Section 386.7 Page 1 of 2 386.7 Self-liquidating improvements. When a city proposes to constrnct a self-liquidating improvement, the cost of which is to be paid or financed under the provisions of this chapter, it must do so in accordance with the provisions of this section as follows: 1. Section 386.6, subsections 1 to 5 are applicable to a self-liquidating improvement to the same extent as they are applicable to an improvement and the proceedings initiating a self-liquidating improvement shall be governed thereby. 2. Before the council may order the construction ora self-liquidating improvement, and after hearing thereon, it must find that the self-liquidating improvement and the leasing ora part or the whole of it to any person or governmental body will further the corporate purposes of the city and will: a. Aid in the commercial development of the district. b. Further the interests of the district; or c. Not substantially reduce the city's property tax base. 3. If the council orders the construction of the self-liquidating improvement, contracts for it shall be let in accordance with division VI of chapter 384. 4. The adoption of a resolution ordering the construction of a self-liquidating improvement is a legislative determination that the proposed self-liquidating improvement and the leasing of a part or the whole of it to any person or governmental body will further the corporate purposes of the city and will: a. Aid in the commercial development of the district. b. Further the interests of the district; or c. Not substantially reduce the city's property tax base. 5. A city may lease any or all of a self-liquidating improvement to any person or governmental body. 6. A city may issue revenue bonds payable from the income and receipts derived from the self- liquidated improvement. Chapter 384, division V applies to revenue bonds for self-liquidating improvements and the term "city enterprise" as used in that division shall be deemed to include self- liquidating improvements authorized by this chapter. 7. Any resident or property owner of the city may appeal a decision of the council to order the construction of a self-liquidating improvement or to lease any or all of a self-liquidating improvement to the district court of the county in which any part of the district is located, within thirty days after the adoption of the resolution ordering the self-liquidating improvement, but the action of the council is final and conclusive unless the court finds that the council exceeded its authority. 8. No action may be brought questioning the regularity of the proceedings pertaining to the ordering of the construction of a self-liquidating improvement after thirty days from the date of adoption of the resolution ordering construction of the self-liquidating improvement. No action may be brought questioning the regularity of the proceedings pertaining to the leasing of any or all of a self-liquidating http://www.legis.state.ia.us/IACODE/2003/386/7.html 1/7/2004 Iowa Code 2003: Section 386.7 Page 2 of 2 improvement after thirty days from the date of the adoption of a resolution approving the proposed lease. In addition to the limitation contained in section 384.92, no action may be brought which questions the legality of revenue bonds or the power of the city to issue revenue bonds or the effectiveness of any proceedings relating to the authorization and issuance of revenue bonds relating to a self-liquidating improvement after thirty days from the time the bonds are ordered issued by the city. 9. The procedural steps contained in this section may be combined with the procedural steps for the petitioning and creation of the district. Section History: Early form [C77, 79, 81, § 386.7] Section History: Recent form 89 Acts, ch 83, §50 Previous Section 386,6 Next Section 386.8 © 2003 Cornell College and League of Women Voters of Iowa Comments about this site or page? iacode(~staff, legis.state.ia.us. Please remember that the person listed above does not vote on bills. Direct all comments' concerning legislation to State Legislators. Last ui)date: Tue ,/an 28 13.'52:42 CST2003 URL:/IA(?OI)l:./2003/386/73~tmt jhf httv://www.leeis.state.ia.us/IACODE/2003/386/7.html 1/7/2004 Iowa Code 2003: Section 386.8 Page I of 2 386.8 Operation tax. A city may establish a self-supported improvement district operation fund, and may certify taxes not to exceed the rate limitation as established in the ordinance creating the district, or any amendment thereto, each year to be levied for the fund against all of the property in the district, for the purpose of paying the administrative expenses of the district, which may include but are not limited to administrative personnel salaries, a separate administrative office, planning costs including consultation fees, engineering fees, architectural fees, and legal fees and ali other expenses reasonably associated with the administration of the district and the fulfilling of the purposes of the district. The taxes levied for this fund may also be used tbr the purpose of paying maintenance expenses of improvements or self- liquidating improvements for a specified length of time with one or more options to renew if such is clearly stated in the petition which requests the council to authorize construction of the improvement or self-liquidating improvement, whether or not such petition is combined with the petition requesting creation of a district. Parcels of property which are assessed as residential property for property tax purposes are exempt from the tax levied under this section except residential properties within a duly designated historic district. A tax levied under this section is not subject to the levy limitation in section 384.1. Section History: Early form [C77, 79, 81, § 386.8] Section History: Recent form 85 Acts, ch 113, §2 Previous Section 386.7 Next Section 386.9 © 2003 (¢ornell College and League of Women Voters of Iowa Comments about this site or page? iacode@stafl:legis,state.ia.us. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation lo State Legislators. Last update: Tue .lan 2813.'52.'42 CST2003~ http://wwa3/.legis.state.ia.us/IACODE/2003/386/8.html 1/7/2004 lowa Code 2003: Section 386.8 Page 2 of 2 . URL:/IACODl;/2003/386/8.html jhf http://www.legis.state.ia.us/IACODE/2003/386/8.html 1/7/2004 · Iowa Code 2003: Section 386.9 Page 1 of 1 386.9 Capital improvement tax. A city may establish a capital improvement fund for a district and may certify taxes, not to exceed the rate established by the ordinance creating the district, or any subsequent amendment thereto, each year to be levied for the fund against all of the property in the district, for the purpose of accumulating moneys for the financing or payment of a part or all of the costs of any improvement or self-liquidating improvement. However, parcels of property which are assessed as residential property for property tax purposes are exempt from the tax levied under this section except residential properties within a duly designated historic district. A tax levied under this section is not subject to the levy limitations in section 384.1 or 384.7. Section History: Early form [C77, 79, 81, § 386.9] Section History: Recent form 85 Acts, ch 113, §3 Previous Section 386.8 Next Section 386.10 © 2003 Cornel! College and League of Wo~nen Voters of Iowa Comments about this site or page? iacode~staff, legis.state.ia.us. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to ,State Legislators. Last update; Tue ,]an 28 13:52.'42 CST2003 URL:/1AC()1)t'72003/386/~).btml jhf http://www.legis.state.ia.us/IACODE/2003/386/9.html 1/7/2004 Iowa Code 2003: Section 386.10 Page I of 1 386.10 Debt service tax. A city shall establish a self-supported municipal improvement district debt service fund whenever any self-supported municipal improvement district bonds are issued and outstanding, other than revenue bonds, and shall certify taxes to be levied against all of the property in the district for the debt service fund in the amount necessary to pay interest as it becomes due and the amount necessary to pay, or to create a sinking fund to pay, the principal at lnaturity of all self-supported muuicipal improvement district bonds as authorized in section 386.11, issued by the city. However, parcels of property which are assessed as residential property for property tax purposes at the time of the issuance of the bonds are exempt fi'om the tax levied under this section until the parcels are no longer assessed as residential property or until the residential properties are designated as a part of an historic district. Section History: Early form [C77, 79, 81, § 386.10] Section History: Recent form 85 Acts, ch 113, §4 Previous Section 386.9 Next Section 386.11 © 2003 Cornell College and League of Women Voters of Iowa Comments about this site or page? iacode~staff, legis.state.ia.us. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators. Last update: Tue .lan 28 13.'52.'42 CST2003 URL:-/I ACODt~;/2003/386/10.html jhf http://www.legis.state.ia.us/IACODE/2003/386/I O.html 1/7/2004 Iowa Code 2003: Section 386.11 Page 386.11 Self-supported municipal improvement district bonds. 1. A city may issue and sell self-supported municipal improvement district bonds at public or private sale payable from taxes which must be levied in accordance with chapter 76. The bonds are payable from the levy of unlimited ad valorem taxes on all the taxable property within the district through the district debt service fund authorized by section 386.10. When self-supported municipal improvement district bonds are issued and taxes are levied in accordance with chapter 76, the taxes shall continue to be levied, until the bonds and interest thereon are paid in full, against all of the taxable property that was included in the district at the time of the issuance of the bonds, regardless of any subsequent removal of any property from the district or the dissolution of the district. 2. The proceeds of the sale of the bonds may be used to pay any or all of the costs of any improvement, or be used to pay any legal indebtedness incurred for the cost of any improvement including bonds or warrants previously issued to pay the costs of an improvement, or bonds may be exchanged for the evidences of such legal indebtedness. 3. Belbre the council may institute proceedings for the issuance of bonds, it shall proceed in the same manner as is required for the institution of proceedings for the issuance of bonds for an essential corporate purpose as provided in section 384.25, subsection 2 and all of the provisions of that subsection apply to bonds issued pursuant to this section. 4. A city may issue bonds authorized by this section pursuant to a resolution adopted at a regular or special meeting by an affirmative vote of a majority of the total members to which the council is entitled. The proceeds of a single bond issue may be used for various improvements. 5. The provisions of sections 384.29, 384.30, and 384.31 apply to bonds issued pursuant to this section, except that the bonds shall be designated "municipal improvement district bonds". 6. No action may be brought which questions the legality of bonds issued pursuant to this section or the power of a city to issue the bonds or the effectiveness of any proceedings relating to the authorization and issuance of the bonds after thirty days from the time the bonds are ordered issued by the city. Section History: Early form [C77, 79, 81, § 386.11] Previous Section 386. t 0 Next Section 386~12 http://www.legis.state.ia.us/IACODE/2003/386/11 .html 1/7/2004 Iowa Code 2003: Section 386~11 Page 2 of 2 © 2003 Cornell College and League of Women Voters of Iowa Comments about this site or page? iacode~staff, legis.state.ia.us. Please remember that the person listed above does not vote on bills. Direct all commenls concerning legislation to State Legislators. Last tq~date: Tue &m 28 13:52:42 CST2003 URL: / /\( () )I:, =0 . ~8(,ll.hmll jhf http://www.legis.state.ia.usFIACODE/2003/386/11 .html 1/7/2004 Iowa Code 2003: Section 386.12 Page 1 of 2 386.12 Payment for improvements. The costs of improvements may be paid from any of the following sources or a combination thereof: 1. The capital improvement fund referred to in section 386.9. 2. The proceeds of bonds referred to in section 386.11. 3. Any other funds of the city which are legally available to pay all or a portion of the cost of an improvement. The fi~ct that an improvelnent is initiated under the provisions of this chapter, or any of the costs of an improvement or any part of an improvement are being paid under the provisions of this chapter, shall not preclude the city from paying any costs of an ilnprovelnent from any fund from which it might otherwise have been able to pay such costs. In addition, and not in limitation of the foregoing, any improvement which constitutes an essential corporate purpose or a general corporate purpose as defined in section 384.24, subsections 3 and 4, may be financed in whole or in part with the proceeds of the issuance of general obligation bonds of the city pursuant to the provisions of chapter 384, division Ill. 4. Payment for the costs of an improvement may also be made in warrants drawn on any fund from which payment for the improvement may be made. If such funds are depleted, anticipatory warrants may be issued bearing a rate of interest not exceeding that perlnitted by chapter 74A, which do not constitute a violation of section 384.10, even if the collection of taxes or income from the sale of bonds applicable to the improvement is after the end of the fiscal year in which the warrants are issued. If the city arranges for the private sale of anticipatory warrants, they may be sold and the proceeds used to pay the costs of the improvement. Such warrants may be used to pay other persons furnishing services constituting a part of the cost of the improvement. Section History: Early form [C77, 79, 81, § 386.12] Previous Section 386,11 Next Section 386.13 © 2003 Cornell College and League of Women Voters of Iowa http://www.legis.state.ia.us/IACODE/2003/386/12.html 1/7/2004 Iowa Code 2003: Section 386.12 Page 2 of 2 . Comments about this site or page? iacode~staff, legis.state,ia.us. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators. Last ~pdate: Tue ,lan 28 13:52.'42 CST2003 URL:/1ACO1)t'i/20/)~/386/12.html jhf http://ww~v.legis.state.ia.us/IACODE/2003/386/12.html 1/7/2004 · Iowa Code 2003: Section 386.13 Page l of 1 386.13 Parking fee abatements. A city may apply moneys in the operation fund of the district to prepay parking fees at any city parking facility located in or used in conjunction with the district but only after notice and hearing as required by section 386.6. The authority to prepay such fees shall exist only fbr the period of time set out in the notice to owners and in the resolution of the council authorizing the application of funds for that purpose. Upon the application of sufficient amounts of prepaid fees, the city need not charge individual users of the parking facility. Before adopting a resolution authorizing the application of funds for such purpose, the couucil must find that the application will further the purposes of the district, including but not limited to increasing the commercial activity in the district. Section History: Early form [C77, 79, 81, § 386.13] Previous Section 386.12 Next Section 386.14 © 2003 Cornel! College and League of Women Voters pflowa Comments about this site or page? iacodeQ),staff, legis.state.ia.us. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation lo State Legislators. Last update: Tue Jan 28 13:52.'42 CST2003 URL:/IACOI)11!/2003/386/13.btmI jhf http://www.legis.state.ia.us/IACODE/2003/386/13.html 1/7/2004 Iowa Code 2003: Section 386.14 Page 1 of 1 386.14 Independent provisions. The provisions of this chapter with respect to notice, hearing and appeal for the construction of improvements and self-liquidating improvements and the issuance and sale of bonds are in lieu of the provisions contained in chapters 73A and 75, or any other law, unless specifically referred to and made applicable by this chapter. Section History: Early form [C7T 79, 81, § 386.14] Previous Section 386.13 Next Section 388.1 © 2003 Cornell College and League of Women Voters of Io~va Comments about this site or page? iacode(~staff, legis.state.ia.us. Please remember that the person listed above does not vote on bills'. Direct all comments concerning legislation to State Legislators. Last update: Tue dan 28 13.'52:42 CST2003 URL:/iACODE/2003/386/14.html jhf http ://www.legis.state.ia.us/IA CODE/2003/3 86/14.html 1/7/2004 ./. PETITION FOR THE ESTABLISHMENT OF A SELF-SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT Pursuant to Iowa Code {Section 386), Self-Supported Municipat Improvement Districts, the owners of real property located within Iowa City's CB-t0 Zone, petitions the City Council of Iowa City, Iowa, to initjaJe proceedings for establishing a Self-Supported Mu,nicipal Improvement District. Name ~'~.L--) ~c-~ The name of the proposed district shall be: CB-lO Self-Supported Municipal District, hereir~ ict"~ Purposes 1...MARKETING AND BUSINESS DEVELOPMENT ~" ,~-- To pay expenses for the CB-10 Self-Supported Municipal Improvement District related to marketing business development efforts. Said activities may include but are not limited to planning costs including consultation fees, printing and distribution costs, purchasing advertising (television, radio, internet, newsprint) engineering fees, architectural fees, legal fees, and all other expenses reasonably associated with the fulfilling of the purposes of the district. 2. PARKING FEE ABATEMENT The operation of a fund of the CB-10 Self-Supported Municipal Improvement District to possibly pay for parking fees at any city parking facility or metered locations located in or used in conjunction with the district. Other possibilities include plans to offer free parking on weekends or the development of a CB-10 valet parking service. 3. CAPITAL PROJECTR Accumulate moneys for the financing or payment of a part or all of the costs of any improvements or self- liquidating improvement. These could include, but not be limited to fa(~ade loans, general building improvements or other capital projects). 4. OPERATIONAl. To pay administrative expenses for the operation of the CB*lO Self-Supported Municipal Improvement District, which may include, but are not, limited to administrative personnel salaries, administrative office expenses and all other expenses reasonably associated with the administration of the district and the fulfilling of the purposes of the district. .Boundaries The CB-lO Self-Supported Municipal Improvement District is comprised of commercial proper[les located in downtown Iowa City, Iowa as of May 1, 2003. The attached map shows the CB-lO Self-Supported Municipal District. Maximum Tax Rate The maximum tax rate for the CB-lO Self-Supported Municipal Improvement District shall be two dollars ($2) per one thousand dollars ($1,000) of assessed value as determined by the Iowa City Assessor's Office for each year of the life of this district. Duration The CB-10 Self-Suppoded Municipal Improvement District shall be in effect from the adoption of an enabling ordinance by the Iowa City City Council for a period of ten (10) years. .Renewal The CB-10 Self-Supported Municipal Improvement District shall automatically renew at the expiration Of each ten (10) year peribd. Amendments Any amendments to the provisions of this CB-10 Self-Supported Municipal Improvement District shall be allowed according to the procedures/provisions of Iowa Code. Prepared by: Mitchel T. Behr, Assistant City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. AN ORDINANCE ESTABLISHING THE CB-10 SELF-SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT PURSUANT TO THE PROVISIONS OF CHAPTER 386, CODE OF IOWA; AND PROVIDING FOR THE ESTABLISHMENT OF AN OPERATION FUND AND THE LEVY OF AN ANNUAL TAX IN . CONNECTION THEREWITH WHEREAS, the City of Iowa City is authorized by Chapter 386, Code of Iowa (the "Act") to create a Self- Supported Municipal Improvement District in the city, to provide for the existence and operation of such district, to provide for the improvements or self-liquidating improvements for such a district, and to levy taxes with respect to such district, all as more specifically defined in the Act; and WHEREAS, a petition (the "Petition") has been filed with the City Clerk pursuant to the Act petitioning the City Council to create the CB-10 Self-Supported Municipal Improvement District (the "SSMID"), to establish an operation fund with respect to the SSMID, and to levy an annual tax for such fund, all for the purposes of paying the operation expenses of the SSMID; and WHEREAS, the petition is in all ways in complete compliance with the provisions of the Act; and WHEREAS, the City Council received the petition and referred it to the City Planning and Zoning Commission for review in accordance with the Act; and WHEREAS, on April 1, 2004, the City Council received the report of the City Planning and Zoning Commission on the merit and feasibility of the SSMID; and WHEREAS, on April 8, 2004, the City Council scheduled a public hearing for May 3, 2004, at 5:15 p.m., at which time it proposed to take action for the establishment of the SSMID and did direct that notice of such hearing be given in accordance with the Act; and WHEREAS, notice of the hearing was published in accordance with the Act, and a copy of such notice was mailed by certified mail on April 9, 2004, to all the owners of record of real property located within the proposed district as shown by the records of the Johnson County Auditor, in satisfaction of the notice requirements of the Act; and WHEREAS, at the aforementioned time and place, the City Council did meet and hear all owners of property in the SSMID and residents of the City desiring to express their views with respect to the establishment of the SSMID; and WHEREAS, on , the City Council closed the public hearing on the creation of the SSMID; and WHEREAS, more than 30 days has now passed since the public hearing on the creation of the SSMID was closed, and no petition has been filed with the City Clerk opposing the creation of the SSMID. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. In accordance with Iowa Code Chapter 386 and the recitation set out in the preamble hereof, there is hereby established and created in the City of Iowa City, a Self-Supported Municipal Improvement District as defined in the Act, the name of which shall be the "CB-10 Self-Supported Municipal Improvement District" (herein the "District''). 2. The District shall include all property within the following described boundaries: That property extending from the northern right-of-way line of Burlington Street from the eastern right-of-way line of Capitol Street to the western right-of-way line of Gilbert Street; and extending from the western right-of-way line of Gilbert Street from the northern right-of-way line of Burlington Street to the southern right-of-way line of Iowa Avenue; and extending from the southern right-of- way line of Iowa Avenue from the western right-of-way line of Gilbert Street to the eastern right-of- way tine of Clinton Street; and extending from the eastern right-of-way line of Clinton Street from the southern right-of-way line of Iowa Avenue to the southern right-of-way line of Washington Street; and extending from the southern right-of-way line of Washington Street from the eastern Ordinance No. Page 2 right-of-way line of Clinton Street to the eastern right-of-way line of Capitol Street; and from the eastern right-of-way line of Capitol Street from the southern right-of-way line of Washington Street to the northern right-of-way line of Burlington Street. 3. It is hereby found and determined that all of the property within the District is similarly related so that the present and potential use or enjoyment of the property is benefited by the condition, development or maintenance of the District, and the owners of property in the District have a present and potential benefit from the condition, development or maintenance of the District. 4. Pursuant to the provisions of the Act, there is hereby established and created a Self-Supported Municipal Improvement District operation fund with respect to the District to be known as the "CB-10 Self- Supporting Municipal District Operation Fund" (herein the "Operation Fund"), for which the City may certify taxes (the "Operation Tax") against the property as defined in the Act (excluding property assessed as residential properly for property tax purposes), within the District each year, in addition to all other taxes, commencing with the levy of taxes for the fiscal year beginning July 1, 2005, for the purpose of paying the operational expenses of the District as defined and authorized in the Act. 5. Prior to certification of taxes as provided for in section 4 above, or disbursement of any amounts collected in the Operation Fund, property owners within the District shall submit to the City for review and approval an Operating Agreement providing for a private SSMID organization to operate, manage, and undertake the SSMID services and activities in accordance with the Petition, the Act and this ordinance, and specifically describe the nature of said activities. The Operating Agreement shall also contain other terms and conditions deemed necessary by the City for appropriate operation of the SSMID. 6. The City may disburse the amounts collected in the Operation Fund in accordance with the recommendations made to the City Council by the SSMID organization established pursuant to the Operating Agreement to pay operational administrative expenses for the operation of the District, including expenses related to marketing and business development efforts for the District. 7. The rate of the Operation Tax to be levied annually, in addition to all other taxes as aforesaid, shall not exceed a rate of two dollars ($2.00) per thousand dollars of taxable value of the property. 8. The invalidity of any section, clause, sentence or provision of this ordinance shall not affect the validity of any other part of this ordinance, which shall be given effect without such invalid part or parts. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. 9. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. 10. The City Clerk is hereby authorized and directed to cause a certified copy of this ordinance to be recorded in the Office of the Johnson County Recorder, and a copy thereof to be filed with the Johnson County Auditor. Passed and approved this day of ,20__ MAYOR ATTEST: CITY CLERK Approved by City ,~,ttorn ey's Office Legal\mb\ord\cbl Ossmid.doc Prepared by: Mitchel T. Behr, Assistant City Attomey, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. AN ORDINANCE ESTABLISHING THE CB-10 SELF-,' IMPROVEMENT DISTRICT PURSUANT TO THE PROVISIONS OF CHAPTER 386, OF IOWA; AND PROVIDING FOR ESTABLISHMENT OF AN OPERATION FUND AND LEVY OF AN ANNUAL TAX IN IN THEREWITH City of Iowa City is authorized by Code of Iowa (the "Act") to create a Self- Supported Improvement District in the city, to for the existence and operation of such district, to :he improvements or self-liquidatin )rovements for such a district, and to levy taxes with respect to su all as more s and WHEREAS, a (the "Petition") has been f with the City Clerk pursuant to the Act petitioning the City Council to Self-Supported Improvement District (the "SSMID"), to establish an operation fund with the SSMID, an levy an annual tax for such fund, all for the purposes of paying the operation s of the SSMID; WHEREAS, the ~ all ways in ~ ~pliance with the provisions of the Act; and WHEREAS, the and referred it to the City Planning and Zoning Commission for review and WHEREAS, on Council received the report of the City Planning and Zoning Commission on the merit and feasil )f the SSMID; and WHEREAS, on the City Council scheduled a public hearing for at , at which time it proposed to take. the establishment of the SSMID and did direct that notice of such hearing be g and WHEREAS, notice of the s published in accordance with the Act, and a copy of such notice was mailed by certified mail to all the owners of record of real property located within the proposed district as shown the of the Johnson County Auditor, in satisfaction of the notice requirements of the Act; an WHEREAS, tirf ~nd place, the City Council did meet and hear all owners of property in the SSMID residents of City desiring to express their views with respect to the and WHEREAS, on the closed the public hearing on the creation of the SSMID; and WHEREAS, m, than 30 days has now public hearing on the creation of the SSMID was closed, and n been filed with the g the creation of the SSMID. NOW, TH~ "FORE, BE IT ORDAINED BY '~E CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: / 1. In ~c~c ~nce witl' Iowa Code Chapter 386 an~ the recitation set out in the preamble hereof, there is hereby est ~lis I and created in the 6ity of Iowa C,,i?,L\a' Self-Supported Municipal Improvement District a~ defined inj ~he Act, the name of which shall be the "CB~10 Self-Supported Municipal Improvement District (herein th~ "District"). 2. ~'1~ ~ District shall include all property within the foll~,ing described boundaries: That property extending from the northern right-o¢~vay line of Burlington Street from the eastern right-of-way line of Capitol Street to the western right-of-way line of Gilbert Street; and extending [ from the western right-of-way line of Gilbert Street frown the northern right-of-way line of Burlington - Street to the southern right-of-way line of Iowa Avenu~ and extending from the southern right-of- way line of Iowa Avenue from the western right%of-way I~ of Gilbert Street to the eastern right-of- way line of Clinton Street; and extending from the easterr~right-of-way line of Clinton Street from the southern right-of-way line of Iowa Avenue to the southern right-of-way line of Washington Street; and extending from the southern right-of-way line of Washington Street from the eastern Ordinance No. Page 2 right-of-way line of Clinton Street to the eastern right-of-way line of Capitol Street; and from the eastern right-of-way line of Capitol Street from the southern right-of-way line of Washington Street to the northern right-of-way line of Burlington Street. 3. It is hereby found and determined that all of the property within the District is similarly related so that the present and potential use or enjoyment of the property is benefited by the condition, development or maintenance of the District, and the owners of property in the District have a present and potential benefit from the condition, development or maintenance of the District. 4. Pursuant to the provisions of the Act, there is hereby established and created a Self-Supported Municipal Improvement District operation fund with respect to the District to be known as the "CB-10 Se_._J, Supporting ,municipal District Operation Fund" (herein the "Operation Fund"), for which the City may.e~fify taxes (the Operation Tax") against the property as defined in the Act (excluding property ~s;,~ed as residential property for property tax purposes), within the District each year, in addition to a, lJ.-bther taxes commencing with the levy of taxes f~r-.the fiscal year beginning July 1, 2005, for the purp. ps"e of paying the operational expenses of the District as'~efined and authorized in theAct. ,/r/' 5. Prior tO certification of taxes a~ for in section 4 above, or disbur, s~ment of any amounts collected in the Operation within the District shall submit,.t~) the City for review and approval an Operating Agreement for a private SSMID organiza/tio~ to operate, manage, and undertake the SSMID services accordance with the Petitio, g,/the Act and this ordinance, and specifically describe the natur ;. The Operating Agreem~e~t shall also contain other terms and conditions deemed necessary by the City for ~ropriate operation of,~e SSMID. 6. The City may disburse the c, ollected in the ~peration Fund in accordance with the recommendations made to . SSMID orgao'rz/ation established pursuant to the Operat ng Agreement to pay operational administrative, ; for t~' operation of the District, including expenses related to marketing and for~th'e District. 7. The rate of the Operation Tax to b~ ann~lly, in addition to all other taxes as aforesaid, shall not exceed a rate of two dollars ($2.00) per thousa ~bllars of taxable value of the property. 8. The invalidity of any section, clause, or provision of this ordinance shall not affect the validity of any other part of this ordinance, whi( ~11 be given effect without such invalid part or parts. All ordinances and parts of ordinances in conflict Ordinance are hereby repealed. 9. This ordinance shall be passage and publication as provided by law. 10. The City Clerk is hereby authori~'ed and dir~ to cause a certified copy of this ordinance to be recorded in the Office of the JohnsQr~~ and a copy thereof to be filed with the Johnson County Auditor. Passed and approved this day of 20___.. MAYOR ATTEST: CITY CLERK Approved by ~, ~i~J ~,tto~neY~s Office - ' Legal\m b?~brd\cb 10ssmid.doc / Marian Karr From: Susan Weinschenk [sweinschenk@isbt.com] Sent: Tuesday, April 27, 2004 10:25 AM To: cou ncil@iowa-city.org Subject: SSMID Proposal Good Morning! My name is Susan Weinschenk. I work at Iowa State Bank & Trust Company and I am on the Downtown Association Board. On Monday, April 26, 2004, I dropped off a copy of the four handouts that we are distributing to businesses in the CB-10 District to explain our SSMID proposal and the benefits it will bring to these businesses. On behalf of the DTA Board, I would like to invite each of you to review these materials. We have taken the time to prepare a Question and Answer handout, a proposed budget, a map of the district and contact information for our board members who are active with this petition. If anyone has questions regarding this material, you are welcome to contact us by phone or e-mail. Thank you for your time and consideration. We appreciate it. Yours truly, M. Susan Weinschenk Managing Officer, DT Retail Group Iowa State Bank & Trust "We take the time ..... so you don't have to!" 319/356-5859 Downtown Association of lowa Cily 2~][1~'~,P~26 Pi'l I: BUDGET RECOMMENDATION (Final budget to be established and approved by SSMID uoara~ x. ,.~, - And City Council prior to release of any funds) |~VV/~ % i-! ~, INCOME Fiscal 2007 Proposed Revenue from Property Owner Investments $ 200,000.00 Donations and Grants Raised for Promotional Activities $ 7,500.00 Interest Earned on Accounts $ 650.00 Associate Member Dues (members outside of CB-10 District) $ 2,500.00 Misc. Income $ TOTAL INCOME $ 210,650.00 EXPENSES Payroll Expense (Director) $ 50,000.00 Payroll Tax $ 3,000.00 Payroll Benefits $ 3,500.00 Marketing and Economic Development (Total/ $ 122,400.00 Will include: Friday Night Concerts - $t5,000 Saturday Night Concerts - $15,000 Arts Fest & Jazz Fest Contrubtions - $1,500 Holiday Lighting - Net Expense $1,000 Other festivals and promotions TBD May Include: Expenses to determine current business mix & recruit complimentary businesses to our area. Advertising expense for local market (including but not limited to newspaper, radio & TV) Production & Distribution of promotional brochures Expense for Trade Shows & Conferences Park & Shop/Bus & Shop Administrative Fees $ 1,000.00 One time Chg for Legal Services for Operating Agreement $ 10,000.00 Accounting Services (bookkeeping/tax prep outsourced} $ 6,500.00 DTA Liability Insurance Policy $ 1,250.00 Printing $ 5,000.00 Supplies & Administrative Expenses* $ 3,000.00 Office Rent (co-op space with lC Chamber) $ 2,000.00 Dues & Subscriptions $ 1,000.00 Miscellaneous Expenses $ 2,000.00 Total Expenses $ 210,650.00 I.ET .COME: I $ Supporting Schedule for Supplies & Admin Expense Supplies I $ 850.00 Postage & DeliveryI $ 1,400.00 Telephone $ 750.00 Total Expenses: $ 3,000.00 PO Box 64 · low~ C~TY, IA 52244-0064 · Vo[c£: 31%354-0863 · EMAIL: dta@iowacity, net· FLIED DownlownAssociationoflowaCily [Ii] iPR 26 I: IOWA CITY, IOWA ~town low~ CI~: A ~ ~1 Fa~ sh~t for DTA mm~ and ~ buin~ owne~ & tenan~ ~at h a ~7 ~ion ~ ~ ~ ~me ~ ~mpl~ ~ ~i~ * A~on~~ha ~e~ of ~e d~ How ~ mo~ ~ ~t is ~d o~ h · ci~-~v~ ~o~ PI~. * SS~ bye ~ ~ ~e ~ d~ ~. ~e~ ~ ~y SS~S ~ Io~ ~ ~ ~ ~e ~d ~1. For m~ ~ ~ ~ ~ ~R ~.ida~o~.orm ~at ~ ~e ~on fOF t~ ~town Iowa ~ ~ ~ ~ ~ ~ ~ ~ h ~: ~de ~e o~m ~d ~ wi&~ ~s di~ ~e ~il~ ~ ~o~ ~d ~ ~ do~t~ ~ of ~ b~h~.~ * ~ 1~ C~ ~ 8 g~ ~ ~ ~one a ~ d~ of ~ ~ ~t y~. ~ is ~ no cl~ ~v~ for ~ k~ly ~ ~ ~ ~ ~ ~ i~ ~ ~e ~ of do~. ~li~ ofa SS~ ~11 ~de n~ ~ ~ well ~ mo~ ~ ~ &e * ~e ~ ~h~ ~c ~11 ~ h~ p~ ~. ,~ SS~ ~ would w~ h ~j~ ~ ~ ~1 ~m~ of~ I~ m~et ~ well ~ ~e I~ M ~g m~ ~ple ~ S~ wo~d ~ ~ ~ for ~ do~ ~ ~ ~lp ~w !~ ~le nd ~ple ~m , ~e d~r w~l ~ly f~ ~ f~ ~d~on~ ~ of~e SS~'s ~ff-~ ~t p~ for ~v~ ~ e~ ~. T~ ~ of ~e ~to~ * ~ of~ SS~ ~ v~ h~ ~ li~ ~ ~ id~ ~y do we ~ a ~ n~ We al~ hnve the h~ ~eff~ ~e DTA ~ n~ ~e ~ ~ ~1~ ~h h ~e ~ * ~ ~ ~ ~ ~ n ~ f~ ~ ~ R ~ ~e ~on of~i~ d~ ~ 198~. ~ ~ ~lle ~d ~e DTA ~ ~e n ~ eff~ ~ ~ h ~ ~ ~w y~ b~ ~ we d~nd n~ ~ on ~1~ we ~ve * ~Io~C~ n~a~ll~f~of~~. ~e~A's~ * P~ ~ h~ ~o~ ~at no one C~ ~ ~ ~ ~ ~le ~ ~ ~ n o~ p~ ~ld w~ ~ ~ ~g ~ of~ ~. ~ d~ ~ ~ ~e~ fi~ ~ ~ ~ ~f~ ~ ~. ~le ~ &e I~ ~ PO Box 64 · Iowa CITY, IA 52244-0064 . Vo[c£: 319-354-0863 · EM^IL: dta@iowacity, net· ' FILED What about parking? I have. hcard that th~s~ funds will bo spent to oft~t, parking or ev~i~i~. 26 P~ ] ~8: valet parking. I don't think that is agood use of my money. That won't mcreus~ troffee to my business. · Our current p~tition includes parking as an item on which money could bo spoot. Howov~.lth~ '-.~-L',)'x oot allow for new 10WA Cf-! Y, OWA ·Ono option is to continue Pa~ & Shop. That program is soil-supporting and would not bo ~ oth~ than ~vary busin*~ would bo includ~l, which is very positive. · Boforo monoy could bo spent on new itoms, tho ~ would haw to bo approv~ by tbo board. Tbon, anoth~ petitlou would havo to bo ~p~owd by tbo ~ own~ (:25p~t~nt ow~ere/25 pe~eur valz) as woll as Planning & Zoning and th~ City CouneiL ~ there a limit to how much you can tax me? · ~ is no set maximum in thc Iowa Codo. Tho cm'r~nt p~posal asks for $2.00 pot thousand dollars ~f assossed duo of camme~ial prol~rty. · DTA du~ will not bo as~d. How do I get on this board ~o I can havo a ~ay? · Onca tho petifton to set op tho dldct is passod, tho DTA bourd will hold general oldous um~og all tbo disttiot's proi~r~y owners and tenants. · Th~ n~v bourd will havo 15 voting mumbe~ as follow~: 1. PtOl~'ty ownors will havo ? scats, ~ for prol~rty owne~rs with a valuo greater than or ~ to $9MM and tho othor 4 will bo resefwd for ownors with valuo less than S9M. :2. T~nants will havo f s~ts. Tho tenant seats will bo dlvid~d up based on tho ty~ of busin~s-re~all will havo :2 soars, dining and ~nteftainm~ur will havo :2 s~ts with tho remaining s~t for otbor businesses. ~.~ will also bo ~ at-largo s~ts to bo appointed bt' a nominating cammltto~ that tho Bourd will ~ afi~ it is clewed. · Tho uriginal Ix~d is sot up so I~t uoithar prol~,~ty own¢~ nor tvaants c~n ¢outrOl th~ bo~d. · All c~egofi~s will havo open oie~lious so that anyun~ who is inte~stod ~an ~ampalgn and lobby thoso individuals within thoh' categury to voto fo~ tbom. What ill get all olmy customora from referrals and dan'l od walh-in tr~l~ic to be ~ncre~ful? · Some of tbo referrals made by you current customers may bo mlssed because poople do not want to come Downtown? · Marketing efforts will encourage people to come Downtown and shop and no matter how your business works today, more people in your store is a good thin~. I do not own a storefront or a business downtown. I have apartmeot buildings. Do I have to pay into this SSMID? What will it do for me? · The way the code is written, the tax is on commercial property and aparanmts are comme~ial · An invigorated downtown will make your propeRies more d~'wable. · You should see increased value in your propex~y and an increased demand for your uni~ once the area is revitalized. · When you break down the cost to a per unit and occupant level, the cost is usually negligible in comparison to rent itself. The revitalized area will mako it wall worth tho money. How can I help? · Speak with other business owners and tenants who are not aware of these guidelines. Ple~e us let know if you'd like additional informational handouts. Please also refer people to the DTA website for more information: www.downtowniowacity.com. · Contact City Council Repre~n~ive~ to let them know you support this petition, especially those representatives who will bo voting and not recasing themselves. · Appear at the City Council's Public Hearing, 5:! 5 on Monday, May 3. You need not speak, but warm bodies are very important. · A striking but liRle recognized fe/~au'e of downtown Iowa City is that it is currently a community of independent business owners, some of whom have been here for generations. Th~'~ '~u~ ~ It also presents challenges. There are no corporate flagships with marketing sUategie~ ~! ~{~g~° And these individual business owners are already woflcing overtime hours with very little time to spero. Ther~ is no "downtown management,' such as a shopping mall wouid have. ~i]"]'~/i them move from the "struggling to get by" stage to the p~sperons stage. How do~ the SSM~D become legally established? · Tbe district is determined by a set of gengraphi¢ boundarles established as port of the petition process. Guidelines for a SSMID are strictly enutrolled by state law and applicants must follow state mandated prueodure~ Primarily, these guidelines have to do with the way the petition proceeds through city guvemment, the perceatage oftex levy permitted, the kinds of actlvlties a SSMID may undet~a~, and the process of review once it is under, vay. Once a p~titlon is submitted, it cannot be amended without complete re-signature of the petition. · The flrat petition e~tabli~h~ the district boundari~. This petition must be approved by 25 percent of the value and 25 percent of the number of propeffy owners in the distrlc~ (Property owner~ r~celved a ce~Xified letter from the City.) The p~itinn then has to go through the Planning and Zoning Commission and City .Council for final approval. · Aeenrding to Iow· code, once the petition is approved by the City Council, the SSM~D must provid~ the City with an Operating Plan before th~ City will authoriz~ the A~eaenr to levy the tax. This Plan includes both a budget and the ~mOare of how the organization will administer the program. State I~w mundate~ that the Operating ~ only allocate· money for admluiatratlou and marketing under this first petition. In answer to questions about financial intentions, we have completed a "proposed" Operafin~ Plan as if we wer~ to spend the money today. · If an Operating Plan is not dewloped oud approved through the City's budgeting process, the SSMiD will not receive ouy money, meaning that approval of the SSMID petition by the City Council is not the final word. ff SSM~D planners do not fulfill their obligation to create a fiscally viable Ope~h~g Plan, nothing happens. This is another check-and-balanc~ keeping the SSM]D on track. · DTA by-laws heve been amended to ·ecemmodate · tranMtionui Board representing all ~nter~te In the district, whether or not they aro cur~nt DTA members. Th~e who pay the tax must have a say in how it that money is spent. More ou the Bom'd makeup follows later in this piece. · Although the DTA SSMID will he able to enntlnu~ to u~ the ~01C-3 nonprofit statu~ of the oz~auiz~tion, DTA as a memhershiwouly orgunization would ce·so to exist. That menus member· witl not he paying DTA du~. Tho committ~ (DTA) has also given much thought to the makeup of that Board and has amended its by-laws to accommodate tl~ transitional Board while the final Board is being established. The now Board will be able to retain DTA non-profit 501~-3 ~. The development of other budgetary lines such as for infrnstn~on~, maintenance, or parking, would requ~ approval by the new SSMID Board, plus development of a now p~itlon signed and approved by the proper~ owuet~, just as the first one was. The new petition would then also have to run i~ enerse through Planning & Zoning and Ibe City Council. I have heard that most SSMI~ are set up to take c~re of iofrnstrocture. How do we know that this money won't he ami for street r~pairs, maint~nanc~ and/or clan up? · The cm ,~.~t patltion has no provision for these items. ·The proposal includ0s a lette~ f~om the City statin~ that it will continue to be ~eapon~le for all the same maintenance that it is performing t~lay. · State law inenrporates checks and hal·aces to ensure that these funds will not be misused. What ifl don't like the way the money is being ·pont in the future? The budget has to go through City Council for approval every year. The City could set the tax rate at zero percent if they have enncevas that the SSMID is not perfon'uing as it should. · The prope~ owners can revoke the SSM~D at any time with signatures from 2~ percent of the property owners and 25 percent of the prope~y value. DOWNTOWN ASSOCIATION OF IOWA CITY ~:II_L_~i'~ Oal'UsI441~~! ~]t~ ~,?R 2G PH I: L~8 IOWA CITY, IOWA fiB 6holson Wells Fargo Bank ....................................................... 887-7460 .......................................... timothy.h.6holsou @ wellsfargo.¢om Astrid Bennett Iowa Artisans Gallery ................................................. 351-8686 .............................................................. bennettic@ mchsi.com Jim Clayton Soap Opera ................................................................. 354-1123 ..................................................................... jim @ iowacity.net Charles Drum University of Iowa Relations ...................................... 384-0048 ......................................................... charles-drum@ uiowa.eclu Vicki Jennings WSUI/KSUI ................................................................... 335-6205 ........................................................ vicki-jennings @ uiowa.edu Julie Brown Heartland Inn ........................................................... 351-8132 ........................................................ julieb @ heardandinss, com Mark Ginsberg M.C. Ginsberg ............................................................ 351-1700 ............................................................. mark@ mcginsberg.net Susan Weinschenk Iowa State Bank and Trust ........................................ 356-5859 ............................................................. sweinschenk@ isbt. com Downtown Assodation of Iowa City PO Box 64 Iowa City IA 52244-0064 Show us your support~ £ontact your Iowa City Council #ember Connie Champion, District B Home # ..................................................................... 337-6608 Connie Champion, Work # ..................................................................... 338-2210 Bob Elliot, At Large Home# ....................................................................... 351.4056 Ernie Lehman, Mayor (At Large) Home# ....................................................................... 338-7741 Ernie Lehman, Mayor (At Large) Work # ..................................................................... 337-2375 Mike O'Donnell, At Large Home # ..................................................................... 354-8071 Regenia Bailey, District C Home # ..................................................................... 351-2068 Dee Vanderhoef, At Large Home # ..................................................................... 351-6872 Ross Wilburn, Hayor Pro Tem (District A) Home # ..................................................................... 358-6374 Apr-Z?-O~ Jl:5Oam From-U! B~OADC. ASTING SERVICES 31~ 3~5 Bll6 T-545 P ro2/O0~ F-r44 April 23. 200~ D~.~r Downtown Prope~'y Owner: We are contn~ yo~ al ;hi; time reg~d~g ~ ~o~s~ M~cip~ ~ov~t D~ (S$~) b~g com~ by ~e Ci~ of Iowa 2~ on ~ q~g~ of whe~ ~ ~ ~ or~e ~s~ a t~ ~ ~e~ v~on for gl ~ ~ pr~effies ~ ~ ~o~ ~. Giv~ ~uy ~ ~. ~e $SM~ w~ ~op~ by a ~o=p of pr~ O~ers who p~fioa ~ te C~ of ~ ~ ~u~g ~ ~b~t of ~ ~prov~t d!~. ~ o~ for ~e Ci~ of Iowa C~ to ~r ~po~g ~ ~, SS~, who ~av=~ ~o~ own~s wl~ ae ~ue of ~ of ~ p~ ~ ~ S~. Once ~e p~= ~ ~, ~= C~ of Ci~ Pl~g ~ ~ C~ss~n r~ ~e ~opo~l ~ r~ ~ a~u~ ils f~ib~i~. We s~e ~ose ~, O= p~i~on ~ ~, w~e we ~o mp~ bel~ve ~re ~ s~r~ o~ op~ons arable ~ wo~ ~ow p~ we~ ~gv~ w~ ~ ol~ ~ wit lc Ci~ of [owl Ci~ to ~O~l~ o~y 25 p~ of ~e pmp~ o~rs ow~ o~y ~ ~eat of ~ is ~r~y not vo~n~ ~ ~e ~j~i~ of ~o~ ~s ~ss~ P~ ~ ~ wm ~ not ~os~ ~ ~ ~t a~4 m~ REMONSTRANCE I~I/TITION AGAINST THE F-STABLISHMEIVF OF A SELF-SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT Pursuant to Iowa Cod~ §386, $elf-Suppoa~xl MVat¢ipal Improvem~.nt Dis~c~, a~s of re~ pwper~ loca~ wt~in Iowa ~'s CBI0 zo~ h~eby peBfion ~ Ci~ Council of Iowa CI~, Iowa, W re~se ~ ~bhsh a t~lf-Su~on~ M~eip~ ~o~eat D~. ~, a pe~en for ~e esmblis~ of a SeN-Soloed M~cipal ~p~t D~ w~ ~ wi~ ~c C~ of Iowa Ci~ ~ Oao~r 10, 2~3; ~ ~, ~e ~ of ~w~ CiW ~ ~sued a Notice of ~blic H~mg ~s,.~ Ap~ S. 2~4 ~ti~ ~ ~c Ci~ ~fl ~ ~c Ci~ of Iowa Ci~ w~ comi~ a ~n cs~hsh a Se~-Sup~n~ M~cip~ Improv~enl Dh~a with{~ ~= Ci~ of ~owa Ci~ May 3.2~. NOW T~O~. ~e foHow~ ~vid~is ~eby resist ~ ab~e-rcfere~ed pe~o~ w~ provMes ~ folMwa: N~e ~ ~e of ~e ~os~ dh~i~ s~l be CB-10 ~f-~ppu~ ~ov~ Dis~ct. here~ '~ict'. 1, M~QAND BUSINGS DEVELOPMENT To pay c~e~ f~ ~c C~10 ~f-Su~o~ M~p~ ~pro~e~ Dis~ ~ m~rk~ ~ b~e~ de.eight ~o~. S~d activities ~y ~cl~ but ~i~mg to planninI COS~ ~cl~! ~on f~s, prong ~ di~ib~n co~s. ~ch~ ~v~s~g (tel~ision. mdi0, ~te~t, n~sp~o c~g ~s, ~c~ ~s, ~g~ f~=s, .nfl ~ O~r e~mses r=~o~b~ ~Soc~ wi~ ~e ~ o~m~on of a ~d of ~e C~I0 Self-~pp~d M~cipa ~prov~t Di~ict ~c poss~ly pay for p~ fees a ~y c~ p~ f~ or me~ 1~o~ in or u~ ~ c~j~on wi~ ~e d~, 0~ possibi~s ~clud~ p~ ~ o~ p~g on w~s or ~e ~ev~l~mmt of a CB-10 v~et p~g s~icc. A~at~ mo~ys for ~c fi~g or pa~nt of a p~ ~ ~1 ol ~ cos~ of ~prov~ or self-hq~da~g ~prov~e~. ~ese co~a ~l~e, bur not b~ ~o fa~e losns, gen~ build~ ~rov~U or o~ ~pi~ proj~. 4. Apr-Z"-04 11:Snare From--'JI BROADCASTING SERVICES 3lin: 335 6lis T-545 P 003/005 F-044 This iuva~meut is a reflection of o~ b~f~ ~c lo~ Ci~ uo~uui~ ~ ~e ~ of ~e Iowa Ci~ do~ ~. We smply do ~ot bdi~e ~t ~v~ e~ol over ~a~ ae~ ~ch ~ adve~g ~ pr~o~ou of o~ ~~ way W ~ a ~ ~Onu~c ~. ~ ~osi~un m ~e ~nd~g ~on for ~ ~bH~t of a SS~ ~ ~e ~WU ~ea. ~ o~ wo~s, ~is ~ou ~ ~ Ci~ Co.cH ~ vo~ uo on ob~ ~e mixtures of 25% of ~e pfo~ ~rs ~ ~ ~p~v~ r~tes~g ~p ofp~ ~ ~ ~s~ v~e of at ~% or more ~sess~ v~ue of ~1 p~ wi~ ~ ~iet, ~ vote approv~ ~ SS~ of~ as~s~ v~ of ~ pwp~ wi~ ~e ~s~t, ~e ease ~ou would w~ ~d ~ Ci~ C~c~ ~d not have ~ au~W m ~e ~y ~ a~ ~r~u. There~, yo~ posi~ou ou ~ is~ is ~. If y~ ~ ~ Our p~i~ou ~a~ ~e ~ ~ ~ ~ wmy to ~ eavel~e ~ ~ it offa~ ~ ~ o~u m ~u Old C~iml T~ C~, 201 S~ Cim~ S~t, Iowa Ci~, ~ 52~, Yo~ ~p~ wou~ b= ve~ mu~h appre~i~. Huwu~r, w~er y~ positi~ ~ ~ isle, we wo~ s~tly ~ge you m · e ~bl~ ~g ~ ~ yo~ voicu h~d m ~ we ~e ~t ~vm ~cisi~ is r~ by ~e Ci~ C~,~fl for ~ Ci~ oflo~ C~, it ~y re~ ~e ~1 of TIlE O.C. GROUP Dean Oakes, Mmmg~ Dean O. Oakes, Individual Property O'.ruer Ap)-Zt-D4 )T:51am From-Ui B~OADCASTI~G SERVICES 3iE 335 6))E T-545 PGOS/CO5 F-C4a To pay orlmi~!otrattvv exp=nscs for ~ o~rago~ of ~e CB-10 M~cip~ ~prov~ Dis~ict, w~c~ ~y ~clu~, but ~e a~, ~ to ~inie~e p~o~et ~i~, ~afiv= office e~s ~ ~ o~ p~s~s o~ ~e ~c~. ~ ~e CB-10 Self~ppo~ M~c~ ~prov~em ~ is c~sm of ~gi~ pr~ ~ ~ 4o~n I~a Ci~, Iowa ~ of May l, 200~. ~s a~ ~ shows ~e CB-i0 S~-Su~o~ Mu~c~ ~rov~ Distil, ~ ~o ~ ~ ra~ fu~ ~e CB-10 $elf-~ppo~cd M~cip~ ~pmv~m Dii~ ~1~ be mo ~s ($2) p~ om ~ous~d ~s ($1,~) of ~s~s~ v~uc as ~ by ~ ~a Ci~ A~ssm's O~s ~ ~ ye~ of ~ ~fe of ~s d~cL D~ ~e CB-10 Self-Su~ Mu~ip~ ~rov~m Dis~ict s~ be m e~c~ · e a~p~no of ~ ~bl~ o~ce by ~e [ow~ Ci~ C~ Co.il for a p~i~ of~n (10) ye~s. ~w~ ~g CB-10 S~ll-Su~o~ M~p~ ~owm~ Dis~ict ~ auto. ally renew at t~c ~xp~ of eac~ ~ (10) ye~ p~. ~ ~y ~t ~ · pmv~wm of ~s CB-10 S~f-5~o~ M~cip~ ~rov~m~t Dis~ sh~l! be ~ow~ accord~g ~ ~e proc~ur~s~io~ of Iowa The u~er~i~ h~eby obj~ ~o ~e csmb~n~ of s~d CB-10 M~i~p~ ~prov~ D~ict bas~ on ~ ~g p~fifion ~ r~u~t ~e Ci~ C~cH for ~ Ci~ of Iowa ~W rc~e w ~b~h s~ a Page 1 of 1 Marian Karr From: ZavashZarei@aol.com Sent: Friday, April 30, 2004 9:18 AM To: council@lowa-city.org Subject: Objection to CB-10 self supported Municipal Improvements District Gentle Lady City Clerk of Iowa City; Kindly distribute copies of this to honorable members of City council of Iowa City. A thousand Thanx for your effort, and our apologies for not being able to attend personally. We are the owners of 320 and 322 Burlington Street Parcel #1010459002. We strongly urge members of City council to deny petition to establish CB-10 Self-supported Municipal Improvements District. Our reasons are as follows. 1- Extra Tax will be unfair burden on us and is unjustly distributed. VVhat if any benefits will not affect us. To be fair such district should include all properties in downtown area south to Benton St. and north of Burlington to Bloomington St., east of Gilbert to Hwy. 1, west of Gilbert to Dodge St. 2- Our Commercial property has been unoccupied 50% of time. The major reason is that from May to September there is no business to support it. Filers of this petition do not realize that this will never be magnificent mile of Chicago, Champs Elyse, or Via Cavour. The money spent will be a waste and un righteous use of resources. 3- Filers of this petition will enforce a burden that will make a difficult situation even worse, by possibly benefiting when property owners will be forced to sell and one person will own the entire downtown area. That will make City Council Irrelevant as far as CB10 goes. 4- Filers of petition should have filed a petition for free downtown parking for shoppers and students during summer time. Reduced property taxes for unoccupied properties. If they wanted to help. In conclusion by approving this ordinance or anything similar to it you will impose a useless undue burden on some of the property owners. These property owners will not benefit by added business, and if they do not have additional resources to cover this cost; they will be forced to sell and diversity of downtown will glow under one single shade of gray. Respectfully submitted with thanx for considering our view. Zohreh Asadie Zavash Zarei 4/30/04