House
File
208
-
Introduced
HOUSE
FILE
208
BY
STAED
and
BENNETT
A
BILL
FOR
An
Act
relating
to
residential
property
and
property
taxation
1
within
a
self-supported
municipal
improvement
district,
2
providing
a
property
tax
exemption,
and
providing
for
mail
3
delivery
of
notices.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
386.1,
Code
2015,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
4A.
“Neighborhood”
means
an
area
zoned,
in
3
whole
or
at
least
in
part,
for
residential
use
that
may
include
4
an
area
zoned
for
commercial
or
industrial
use.
5
Sec.
2.
Section
386.3,
subsection
1,
paragraph
a,
Code
2015,
6
is
amended
to
read
as
follows:
7
a.
Be
comprised
of
contiguous
property
wholly
located
8
within
the
boundaries
of
the
city
.
A
self-supported
municipal
9
improvement
district
shall
be
comprised
only
of
property
in
10
districts
which
are
and
one
of
the
following:
11
(1)
An
area
zoned
for
commercial
or
industrial
uses
and
12
properties
within
a
use.
13
(2)
A
duly
designated
historic
district.
14
(3)
A
neighborhood.
15
Sec.
3.
Section
386.3,
subsection
4,
Code
2015,
is
amended
16
to
read
as
follows:
17
4.
Upon
the
receipt
of
the
commission’s
final
report
the
18
council
shall
set
a
time
and
place
for
a
meeting
at
which
the
19
council
proposes
to
take
action
for
the
establishment
of
the
20
district,
and
shall
publish
notice
of
the
meeting
as
provided
21
in
section
362.3
,
and
the
clerk
shall
send
a
copy
of
the
notice
22
by
certified
first
class
mail
not
less
than
fifteen
days
before
23
the
meeting
to
each
owner
of
property
within
the
proposed
24
district
at
the
owner’s
address
as
shown
by
the
records
of
25
the
county
auditor.
If
a
property
is
shown
to
be
in
the
name
26
of
more
than
one
owner
at
the
same
mailing
address,
a
single
27
notice
may
be
mailed
addressed
to
all
owners
at
that
address.
28
Failure
to
receive
a
mailed
notice
is
not
grounds
for
objection
29
to
the
council’s
taking
any
action
authorized
in
this
chapter
.
30
Sec.
4.
Section
386.8,
Code
2015,
is
amended
to
read
as
31
follows:
32
386.8
Operation
tax.
33
A
city
may
establish
a
self-supported
improvement
district
34
operation
fund,
and
may
certify
taxes
not
to
exceed
the
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rate
limitation
as
established
in
the
ordinance
creating
the
1
district,
or
any
amendment
thereto,
each
year
to
be
levied
2
for
the
fund
against
all
of
the
property
in
the
district,
3
for
the
purpose
of
paying
the
administrative
expenses
of
4
the
district,
which
may
include
but
are
not
limited
to
5
administrative
personnel
salaries,
a
separate
administrative
6
office,
planning
costs
including
consultation
fees,
engineering
7
fees,
architectural
fees,
and
legal
fees
and
all
other
expenses
8
reasonably
associated
with
the
administration
of
the
district
9
and
the
fulfilling
of
the
purposes
of
the
district.
The
taxes
10
levied
for
this
fund
may
also
be
used
for
the
purpose
of
paying
11
maintenance
expenses
of
improvements
or
self-liquidating
12
improvements
for
a
specified
length
of
time
with
one
or
more
13
options
to
renew
if
such
is
clearly
stated
in
the
petition
14
which
requests
the
council
to
authorize
construction
of
the
15
improvement
or
self-liquidating
improvement,
whether
or
not
16
such
petition
is
combined
with
the
petition
requesting
creation
17
of
a
district.
Parcels
Except
for
residential
property
within
18
a
duly
designated
historic
district,
parcels
of
property
which
19
are
assessed
as
residential
property
for
property
tax
purposes
20
and
are
located
within
a
district
created
prior
to
July
1,
21
2015,
are
exempt
from
the
tax
levied
under
this
section
except
22
residential
properties
within
a
duly
designated
historic
23
district
.
However,
the
ordinance
creating
a
district
may
be
24
amended
pursuant
to
section
386.4
to
specifically
identify
and
25
add
such
residential
property
to
the
existing
district
and
make
26
such
property
subject
to
the
tax.
A
tax
levied
under
this
27
section
is
not
subject
to
the
levy
limitation
in
section
384.1
.
28
Sec.
5.
Section
386.9,
Code
2015,
is
amended
to
read
as
29
follows:
30
386.9
Capital
improvement
tax.
31
A
city
may
establish
a
capital
improvement
fund
for
a
32
district
and
may
certify
taxes,
not
to
exceed
the
rate
33
established
by
the
ordinance
creating
the
district,
or
any
34
subsequent
amendment
thereto,
each
year
to
be
levied
for
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the
fund
against
all
of
the
property
in
the
district,
for
1
the
purpose
of
accumulating
moneys
for
the
financing
or
2
payment
of
a
part
or
all
of
the
costs
of
any
improvement
or
3
self-liquidating
improvement.
However
Except
for
residential
4
property
within
a
duly
designated
historic
district
,
parcels
5
of
property
which
are
assessed
as
residential
property
for
6
property
tax
purposes
and
are
located
within
a
district
7
created
prior
to
July
1,
2015,
are
exempt
from
the
tax
levied
8
under
this
section
except
residential
properties
within
a
9
duly
designated
historic
district
.
However,
the
ordinance
10
creating
a
district
may
be
amended
pursuant
to
section
386.4
11
to
specifically
identify
and
add
such
residential
property
to
12
the
existing
district
and
make
such
property
subject
to
the
13
tax.
A
tax
levied
under
this
section
is
not
subject
to
the
levy
14
limitations
in
section
384.1
or
384.7
.
15
Sec.
6.
Section
386.10,
Code
2015,
is
amended
to
read
as
16
follows:
17
386.10
Debt
service
tax.
18
A
city
shall
establish
a
self-supported
municipal
19
improvement
district
debt
service
fund
whenever
any
20
self-supported
municipal
improvement
district
bonds
are
issued
21
and
outstanding,
other
than
revenue
bonds,
and
shall
certify
22
taxes
to
be
levied
against
all
of
the
property
in
the
district
23
for
the
debt
service
fund
in
the
amount
necessary
to
pay
24
interest
as
it
becomes
due
and
the
amount
necessary
to
pay,
25
or
to
create
a
sinking
fund
to
pay,
the
principal
at
maturity
26
of
all
self-supported
municipal
improvement
district
bonds
as
27
authorized
in
section
386.11
,
issued
by
the
city.
However
28
Except
for
residential
property
within
a
duly
designated
29
historic
district
,
parcels
of
property
which
are
assessed
as
30
residential
property
for
property
tax
purposes
at
the
time
of
31
the
issuance
of
the
bonds
and
are
located
within
a
district
32
created
prior
to
July
1,
2015,
are
exempt
from
the
tax
levied
33
under
this
section
until
the
parcels
are
no
longer
assessed
34
as
residential
property
or
until
the
residential
properties
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are
designated
as
a
part
of
an
historic
district
.
However,
1
the
ordinance
creating
a
district
may
be
amended
pursuant
to
2
section
386.4
to
specifically
identify
and
add
such
residential
3
property
to
the
existing
district
and
make
such
property
4
subject
to
the
tax.
5
Sec.
7.
NEW
SECTION
.
386.15
Taxes
not
imposed
against
6
certain
residential
property.
7
The
property
taxes
authorized
pursuant
to
sections
386.8,
8
386.9,
and
386.10
shall
not
be
imposed
against
residential
9
property
in
a
neighborhood
district
if
the
owner
of
the
10
residential
property
occupies
the
property
and,
for
the
fiscal
11
year
in
which
the
property
taxes
are
due,
has
a
claim
for
the
12
low-income
elderly
and
disabled
property
tax
credit
certified
13
for
payment
to
the
department
of
revenue
under
chapter
425,
14
division
II.
15
Sec.
8.
IMPLEMENTATION
OF
ACT.
Section
25B.7
shall
not
16
apply
to
the
property
tax
exemption
created
under
this
Act.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
Code
chapter
386
currently
allows
a
city
to
create
a
self-
21
supported
municipal
improvement
district
comprised
of
areas
22
zoned
for
commercial
or
industrial
use
and
property
within
a
23
duly
designated
historic
district.
This
bill
allows
the
city
24
to
create
a
district
comprised
of
an
area
zoned,
in
whole
or
at
25
least
in
part,
for
residential
use,
known
as
a
neighborhood.
26
Any
combination
of
residential,
commercial,
or
industrial
27
properties
may
comprise
such
a
district.
28
Currently,
residential
properties
located
within
a
district
29
comprised
of
commercial
or
industrial
properties
are
exempt
30
from
taxes
levied
under
this
Code
chapter.
This
exemption
will
31
continue
for
districts
created
prior
to
July
1,
2015.
However,
32
the
ordinance
creating
the
district
may
be
amended
pursuant
33
to
Code
section
386.4
to
specifically
identify
and
add
such
34
residential
property
to
the
existing
district
and
make
such
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property
subject
to
the
tax.
1
The
bill
exempts
certain
residential
property
within
a
2
neighborhood
district
from
the
property
tax
authorized
pursuant
3
to
Code
sections
386.8,
386.9,
and
386.10
if
the
owner
of
the
4
residential
property
occupies
the
property
and,
for
the
fiscal
5
year
in
which
property
taxes
are
due,
has
a
claim
for
the
6
low-income
elderly
and
disabled
property
tax
credit.
7
The
requirement
under
Code
section
25B.7
that
the
cost
of
a
8
property
tax
exemption
be
fully
funded
by
the
state
does
not
9
apply
to
the
exemption
under
new
Code
section
386.15.
10
Code
chapter
386
currently
requires
the
city
to
send
notices
11
of
meetings,
to
establish
or
amend
a
district,
for
example,
12
to
each
affected
property
owner
by
certified
mail.
The
bill
13
provides
that
the
notice
be
sent
by
first
class
mail.
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