ORDINANCE NO. 2023-001
An Ordinance Deleting Property From the Tax Increment Financing District for the Sutherland Urban Renewal Area of the City of Sutherland, Iowa, Pursuant to Section 403.19 of the Code of Iowa
WHEREAS, the City Council of the City of Sutherland, Iowa (the “City”) previously enacted a certain ordinance providing for the division of taxes levied on taxable property in the Sutherland Urban Renewal Area pursuant to Section 403.19 of the Code of Iowa; and
WHEREAS, pursuant to such ordinance, a portion of the Sutherland Urban Renewal Area in the City was designated a “tax increment district”; and
WHEREAS, the City Council now desires to decrease the size of the “tax increment district” by deleting certain property;
BE IT ENACTED by the City Council of the City of Sutherland, Iowa:
Section 1. Purpose. The purpose of this ordinance is to delete certain property from the tax increment financing district for the Sutherland Urban Renewal Area.
Section 2. Definitions. For use within this ordinance the following terms shall have the following meanings:
“Deleted Property” shall mean certain real property situated in the City of Sutherland, County of O’Brien, State of Iowa particularly described as follows:
Parcel K in the SE 1/4 Section 7-94-39
That part of the Southeast Quarter (SE1/4) of Section Seven (7), Township 94
North, Range 39 West of the 5th P.M., City of Sutherland, O’Brien County, Iowa, described as follows:
Commencing at the Northwest Corner of the Southeast Quarter of said SE1/4 (SE1/4-SE1/4); thence South 00°37’04” West on the west line of said SE1/4-SE1/4 and on the west line of Parcel C in said SE1/4 (the Plat of Survey of said Parcel C is recorded in Plat and Survey Book 5, Page 326) for a distance of 285.04 feet to the Southwest Corner of said Parcel C and to the Point of Beginning; thence South 00°35’45” West on said west line of said SE1/4-SE1/4 for a distance of 393.43 feet to the Northwest Corner of Parcel H in said SE1/4 (the Plat of Survey of said Parcel H is recorded in Plat and Survey Book 5, Page 719); thence South 89°43 ‘04” East on the north line of said Parcel H for a distance of 400.00 feet; thence North 00°35’45” East for a distance of 393.73 feet to the easterly extension of the south line of said Parcel C; thence North 89°45 ‘39” West on said easterly extension and on the south line of said Parcel C for a distance of 400.00 feet to the Point of Beginning, containing 3.61 acres.
SUBJECT TO EASEMENTS, IF ANY, OF RECORD OR APPARENT.
Section 3. The Deleted Property is hereby removed from the tax increment financing district for the Sutherland Urban Renewal Area. No division of property tax revenues as provided under Section 403.19 of the Code of Iowa shall be done with respect to the Deleted Property without further action by the City Council.
Section 4. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed including Ordinance No. 2022-004 previously adopted by the City Council on December 5, 2022.
Section 5. Saving Clause. If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section 6. Effective Date. This ordinance shall be effective after its final passage, approval and publication as provided by law.
Passed and approved by the City Council of the City of Sutherland, Iowa, on February 6,
2023.
Attest:
Amanda Vanderholt
City Clerk
There being no further business to come before the meeting, it was upon motion
adjourned.
Attest:
Amanda Vanderholt
City Clerk
Published in O’Brien County’s Bell-Times-Courier March 16, 2023