Resolutions-2015-102

Tiffin/ 436989- 12/ Dev. Agmt - Hold Hrg b) The Hart Dentistry Project will generate public gains and benefits, particularly in the creation of new jobs, which are warranted in comparison to the amount of the proposed financial incentives. Section 2. The City Council further finds that a public purpose will reasonably be accomplished by entering into the Agreement and providing the incremental property tax payments to the Developer. Section 3. The Agreement is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute and deliver the Agreement on behalf of the City, in substantially the form and content in which the Agreement has been presented to this City Council, and such officers are also authorized to make such changes, modifications, additions or deletions as they, with the advice of bond counsel, may believe to be necessary, and to take such actions as may be necessary to carry out the provisions of the Agreement. Section 4. All payments by the City under the Agreement shall be subject to annual appropriation by the City Council, in the manner set out in the Agreement. As provided and required by Chapter 403 of the Code of Iowa, the City' s obligations under the Agreement shall be payable solely from a subfund ( the " Hart Dentistry Subfund") which is hereby established, into which shall be paid that portion of the income and proceeds of the Urban Renewal Tax Revenue Fund attributable to property taxes derived from the property described as follows: Certain real property situated in the City of Tiffin, County of Johnson, State of Iowa bearing Johnson County Property Tax Identification Number 0628328001. Section 5. The City hereby pledges to the payment of the Agreement the Hart Dentistry Subfund and the taxes referred to in Subsection 2 of Section 403. 19 of the Code of Iowa to be paid into such Subfund, provided, however, that no payment will be made under the Agreement unless and until monies from the Hart Dentistry Subfund are appropriated for such purpose by the City Council. Section 6. After its adoption, a copy of this resolution shall be filed in the office of the County Auditor of Johnson County to evidence the continuing pledging of Hart Dentistry Subfund and the portion of taxes to be paid into such Subfund and, pursuant to the direction of Section 403. 19 of the Code of Iowa, the Auditor shall allocate the taxes in accordance therewith and in accordance with the tax allocation ordinance referred to in the preamble hereof. Section 7. All resolutions or parts thereof in conflict herewith are hereby repealed. 4- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA