#08 TIF 26 Amend 3 Council IntroEconomic Development Memorandum
Date: June 15, 2009
TO: City Council
FROM: Douglas Venable, Director of Economic Development
SUBJECT: Introduction of proposed Amendment No. 3 to the Project Plan for
Tax Increment Finance District No. 26 and Referral to Plan
Commission for Public Hearing. (File Res. No. 2009-617)
I. Summary
City staff is proposing a third amendment to TIF No. 26 to add
approximately 185 acres of vacant farmland planned for industrial development.
After introduction, the City Council should refer the Amendment to the Project
Plan to the Plan Commission for the required public hearing and recommendation.
The resolution approving the Amendment to the TIF District will return to the
Council Agenda for consideration on July 27, 2009.
II. Recommendation
The City of Janesville has successfully used tax increment financing as an
economic development tool. With the closing of numerous businesses in Rock
County in the past year and the poor state of the national economy, Janesville
needs to remain aggressive in pursuing all development opportunities. The
proposed TIF No. 26 boundary amendment will add additional industrial lands
that can be improved with municipal utilities and services to attract continued
industrial development.
Staff recommends that the Council introduce the Amendment No. 3 to the
Project Plan for TIF No. 26 and refer it to the Plan Commission for a public
hearing and recommendation.
III. City Manager Recommendation
I concur with the Economic Development Director’s recommendation.
IV. TIF Creation Procedures
Wisconsin’s Tax Increment Law (§ 66.1105) sets forth a specific
procedure for amending the boundary of a TIF district. The Plan Commission
must hold a public hearing, preceded by a Class 2 public notice. The required
hearing is planned for July 20, 2009. The Plan Commission then makes a
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Economic Development Department Box 5005 Janesville, WI 53547-5005 755-3180
recommendation to the City Council, on the proposed TIF boundary and Project
Plan amendment.
The Council must then act on a resolution to amend the TIF Project Plan.
Wisconsin Statutes also provide that a Joint Review Board composed of
representatives from the City, the School District, the County, the Vocational
District, and a fifth member chosen at large, meet and approve the amendment
to the TIF district within 30 days of Council action.
V. Amendment No. 3 toTIF No. 26
TIF No. 26 was developed as an ‘industrial TIF district’ to stimulate the
expansion and redevelopment of an older industrial area centered along Beloit
Ave. and Conde St. Expansions by Seneca Foods, LKQ Auto Parts, 3-D Targets
Tigre, USA, and PPG Industries have been helped by incentives provided by TIF
No. 26.
Early in 2009, the City adopted its new Comprehensive Plan which
supports continued industrial development of the lands north of Freedom Lane
and east of Beloit Ave. Proposed Amendment No. 3 to the Project Plan for TIF
No. 26 changes the boundary for TIF No. 26 to include this future industrial land.
This area is currently used for agricultural crop production. The City has
already installed a water main from Delavan Dr. to Freedom Lane to boost water
pressure and reliability as part of the Seneca Foods expansion. Future
development will require the construction of internal streets, sewer and storm
sewer mains.
The expenditure of any TIF funds would be linked to a specific
development agreement which assures the availability of the property value and
tax increments the City will need in order to recover its TIF costs.
Douglas Venable
Attachments: Amendment No. 3 - TIF No. 26 Project Plan
Resolution 2009 – 617
Cc Eric Levitt, City Manager
Jay Winzenz, Director of Administrative Services
TAX INCREMENT FINANCE DISTRICT No. 26
PROJECT PLAN
November 24, 2003
Amendment No. 1 – February 12, 2007
Amendment No. 2 – January 12, 2009
Amendment No. 3 – July 27, 2009
Prepared By:
Economic Development Agency
Finance Division
City of Janesville, Wisconsin
18 N. Jackson St.
Janesville, WI 53545
CITY OF JANESVILLE
TAX INCREMENT FINANCE DISTRICT No. 26
TABLE OF CONTENTS
I. WISCONSIN TAX INCREMENT LAW AND PROCESS .................... 1
II. TIF No. 26 PLAN OBJECTIVES ..................................................... 2
III. BOUNDARIES OF TIF No. 26 .................................................... 3
IV. EXISTING ZONING AND PROPOSED LAND USES ........................ 5
V. PROPOSED TIF PUBLIC WORKS PROJECTS AND ....................... 6
IMPROVEMENTS
VI. DETAILED LIST OF ESTIMATED PROJECT COSTS ......................13
VII. ECONOMIC FEASIBILITY AND METHODS OF FINANCING ...........15
VIII. PROPOSED CHANGES IN ORDINANCES, CODES, & PLANS .......21
IX. LIST OF ESTIMATED NON-PROJECT COSTS ................................22
X. METHODS FOR RELOCATION OF DISPLACED PERSONS ...........22
XI. PROMOTION OF THE ORDERLY DEVELOPMENT OF .................22
THE CITY
MAPS
1. Map 1 TIF No. 26 Location Map ……………. ................................... 7
2. Map 2 TIF No. 26 Existing Conditions ............................................... 8
3. Map 3 TIF No. 26 Proposed Improvements ....................................... 9
4. Map 4 TIF No. 26 ½ Mile From TIF 26 Boundary .............................12
LEGAL AND PROCEDURAL
1. Legal Opinion From City Attorney on Project Plan
2. TIF No. 26 Plan Adoption and Creation Resolutions
3. Joint Review Board Resolution
City of Janesville
Tax Increment Finance District No. 26
Project Plan
WISCONSIN TAX INCREMENT LAW AND PROCESS
I.
Under Wisconsin Statutes Section 66.1105 (1), the State declared that the policy
of the State is "to encourage and promote the development of industry to provide
greater employment opportunities and to broaden the State's tax base to reduce the tax
burden of residents and homeowners." Locally, the City of Janesville has adopted an
Industrial Economic Development Policy designed to "diversify the economic base of
the City through the retention and expansion of existing businesses ..." In addition, the
City seeks to attract new industries through the creation of fully improved industrial
parks.
One tool designed to help stimulate new development is "Tax Increment
Financing (TIF)". When the State Legislature enacted the Tax Increment Law (ss
66.1105) in 1975, they found, "that the accomplishment of the vital and beneficial
purposes of the Promotion of Industry Statute (ss 66.1101) is being frustrated by the
lack of incentives and financial resources." One stated purpose of the Tax Increment
Law, "is to create a viable procedure by which a city or village, through its own initiative
and efforts, may finance projects which will tend to accomplish," the promotion of
industry. Amendments to Wisconsin’s TIF law enacted in 2007 allow for the
expenditure of TIF funds for similar projects located within ½ mile of a TIF boundary.
The Tax Increment Law allows a community to recapture the costs of public
expenditures made to stimulate new development, from the property taxes generated
by the new development. Fundamental to the TIF law is the concept that new
development will benefit an area broader than the municipality in which the
development occurs. However, an inequity occurs because the community is left to
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finance the entire cost of public expenditures needed to facilitate the development.
The TIF law recognizes that without the TIF expenditures, the development could not
have occurred.
Thus, the TIF law provides that all property taxes levied on increased property
value within a TIF district are retained by the community to finance the public
expenditures made within the TIF district. The base value (the value that existed at the
time the TIF district is created), however, continues to provide same level of revenues
to other taxing jurisdictions. Once all of the public expenditures have been repaid, all
taxing jurisdictions can collect taxes levied on the new property value.
State statutes are very specific as to how a TIF district is created. First, a TIF
project plan is developed and presented to the Plan Commission for a formal public
hearing. The Plan Commission makes a recommendation on the TIF project plan to the
City Council. The Council then must pass a resolution adopting the TIF project plan
and establishing the TIF boundaries. Finally, a Joint Review Board is created with
members from the City, school district, county, vo-tech district, and one member at
large. The Joint Review Board reviews the TIF plan and public hearing comments and
approves the creation of the TIF district.
This document will meet the statutory requirements for a Project Plan for Tax
Increment Finance District No. 26.
TIF No. 26 PLAN OBJECTIVES
II.
Industrial development activities in the City of Janesville are guided by the City's
Economic Development Strategy and implemented in accordance with an Industrial
Economic Development Policy. The overall goal for the City's industrial development
effort is to diversify the City's economic base through the retention and expansion of
existing businesses, and through the attraction of growing industrial and large regional
service sector employers that will create new employment opportunities and expand the
local property tax base.
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TIF No. 26 will advance the City of Janesville's industrial development objectives
and specifically will:
A. Promote industry retention and expansion through the
redevelopment of an older existing industrial area, thereby
retaining jobs and increasing tax base.
B. Provide appropriate financial incentives to encourage industrial
expansion projects and the lease-up of vacant industrial buildings
within the TIF district and for projects within ½ mile of the TIF
district.
C. Reduce the financial risk to the taxpayer by timing the
implementation of the Project Plan with the creation of additional
property value through industry expansions.
D. Generate sufficient new property tax increments within ten (10)
years from each specific development project within the TIF District
to fully repay the City's TIF project expenditures associated with
the development project.
BOUNDARIES OF TIF No. 26
III.
DESCRIBED AS FOLLOWS :
Beginning at intersection of the East right-of-way line of Beloit Ave. and the South right-
of-way line of Burbank Ave.; thence in a Southerly direction along the East right-of-way
line of Beloit Ave., 320.0 feet to the Northwest corner of Lot 1, of Certified Survey Map
No. 1719917, recorded in the Rock County Register of Deeds Office in Vol. 29, on
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Pages 57 – 60; thence S.8944’30”E. along the North property line of said Lot 1, 142.45
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feet; thence S.0052’06”E., 10.00 feet; thence continuing along the North property line
of said Lot 1, 449.59 feet to the Northwest corner of Lot 2 of CSM 1719917; thence
continuing in an Easterly direction along the North property line of said Lot 2, 258.35
feet to the Westerly right-of-way line of the Burbank Ave. cul-de-sac; thence following
the Westerly right-of-way line of the Burbank Ave. cul-de-sac in a Southerly, then
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Easterly, and then Northerly direction, 399.55 feet to the Easterly right-of-way line of a
Union Pacific Railroad Spur shown as Outlot 3 on Certified Survey Map 1076291 in
Vol. 13, Pages 303-305; thence in a Northerly direction along the Easterly right-of-way
line of said Outlot 3, 376.50 feet to its intersection with the Southwesterly right-of-way
line of the Union Pacific Railroad; thence in a Northwesterly direction along the
Southwesterly right-of-way line of the Union Pacific Railroad approximately 1,808 feet
to its intersection with the East right-of-way line of Beloit Ave.; thence in a Northerly
direction along the East right-of-way line of Beloit Ave. 174 feet to the corner of Lot
One of Certified Survey Map No. 946060, Vol. 10, Pages 422 and 234; thence
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S.3734’30”E. along the southwesterly lot line of said Lot One 337.32 feet; thence
continuing along the southwesterly lot line of said Lot One along Curve No. 1-2,
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138.60 feet; thence N.5231’15”E., 52.84 feet; thence continuing along the
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southwesterly lot line of said Lot One S.5033’45”E., 369.59 feet; thence continuing
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along the southeasterly lot line of said Lot One N.5225’55”E., 341.62 feet to the
Easternmost corner of said Lot One, said corner also lying on the East-West Centerline
of Section 7-2-13; thence East, along the East-West Centerline of said Section 7-2-13
approximately 1,516 feet to the Center of said Section 7-2-13; thence continuing along
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said East-West Centerline 665.90 feet; thence N.031’01”W. parallel to the West Line
of the Northeast ¼ of said Section 7-2-13, 1308.16 feet to a point on the North right-of-
way line of Conde St.;
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thence N.8956’11”W., 665.90 feet to the North-South Centerline of Section 7-2-13;
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thence N.011’50”E., 1,340.45 feet to the North ¼ Corner of Section 7-2-13; thence
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N.010’37”E., along the North-South line of Section 6-2-13, 2,651.94 feet to the Center
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of Section 6-2-13; thence N.01-‘37”E., approximately 339 feet to the South right-of-way
line of the Wisconsin Southern Railroad; thence in a Westerly direction along the South
right-of-way line of said Railroad approximately 1,348’ to the West right-of-way line of
Pliny Ave.; thence in a Southerly direction along the West right-of-way line of Pliny Ave.
approximately 903’ to the Southeast Corner of Lot 117 of Carrington’s Crown Addition;
thence in a Westerly direction along the South line of Carrington Crown Addition
approximately 561 feet to the Southwest Corner of Lot 71 of Carrington’s Crown
Addition; thence continuing in a Westerly Direction along the South Line of Shield’s
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Subdivision approximately 561 feet, to the Southeast Corner of Lot 39 of Shield’s
Subdivision, said Southeast Corner also being on the East right-of-way line of Beloit
Ave.; thence in a Southerly direction along the East right-of-way line of Beloit Ave.
approximately 2,069 feet to its intersection with the North Line of Section 7-2-13;
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thence S.8945’10”E. along said North Line approximately 1,112 feet to the Northwest
Corner of Lot One of a Certified Survey Map recorded in the Rock County Register of
Deeds Office as Document No. 1182689 in Vol. 16, Pages 145, 146, and 147; thence
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S.013’20”W. 1,345.38 feet to the Southwest Corner of Lot Two of said CSM Document
No. 1182689, said Southwest Corner also being located on the North right-of-way line
of Conde St.; thence continuing West along the North right-of-way line of Conde St.
approximately 2,428 1,107 feet to its intersection with the East right-of-way line of
Beloit Ave.; thence in an Easterly direction perpendicular to the East right-of-way line of
Beloit Ave. 73 feet to the West right-of-way line of Beloit Ave.; thence in a Southerly
direction along the West right-of-way line of Beloit Ave. approximately 1,030 feet to its
intersection with the Southwesterly right-of-way line of the Union Pacific Railroad;
thence in a Northwesterly direction along the Southwesterly right-of-way line of the
Union Pacific Railroad approximately 1,943 feet to the Northernmost corner of City of
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Janesville Tax Parcel No. 4122.00079; thence S.005’00”W., 38.6 feet; thence
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S.8936’30”W., 441.92 feet to the East right-of-way line of Adel St.; thence continuing
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S.8936’30”W., 70.0 feet to the West right-of-way line of Adel St.; thence in a Southerly
direction along the Westerly right-of-way line of Adel St. approximately 1,354 feet to its
intersection with the Northerly right-of-way line of Anthony Ave.; thence continuing in a
Southerly direction perpendicular to the Anthony Ave. right-of-way 35.0 feet to the
centerline of Anthony Ave.; thence in an Easterly direction parallel to the centerline of
Anthony Ave. 70.0 feet to the Northwest Corner of Lot 1, of Certified Survey Map
819158, Vol. 4, Pages 106 and 107; thence in an Easterly direction along a line parallel
to, and 330.0 feet north of the Section Line of the Southwest Quarter of the Northeast
Quarter of Section 12-2-12 approximately 1,212 feet to the Northeast corner of Lot Two
of Certified Survey Map 1018150, Vol. 12, Pages 267 and 268; thence in a Southerly
direction along the East Lot line of said Lot Two 290.0 feet to its intersection with the
North right-of-way line of Kellogg Ave.; thence continuing in a Southerly direction
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perpendicular to the right-of-way line of Kellogg Ave., 82.0 feet to the South right-of-
way line of Kellogg Ave.; thence in an Easterly direction along the South right-of-way
line of Kellogg Ave. approximately 58 feet to its intersection with the West right-of-way
line of Pierce St.; thence in a southerly direction along the Westerly right-of-way line of
Pierce St. approximately 1,315 feet to its intersection with the South right-of-way line of
Burbank Ave.; thence in an Easterly direction along the South right-of-way line of
Burbank Ave. approximately 452.0 feet to its intersection with the East right-of-way line
of Beloit Ave. to the point of beginning. (See Map 1 for Boundary).
EXISTING ZONING AND PROPOSED LAND USES
IV.
The City of Janesville is proposing to create TIF No. 26 in an existing industrial
area on the City’s south side. TIF District No. 26 boundary as amended contains 176.1
360.7 acres of land including thirty-six (36) forty-four (44) parcels of land totaling 155.1
332.0 acres and 21.0 28.7 acres of street rights-of-way. The proposed TIF district is
predominately zoned and used for industrial purposes. Twenty-One Nine (21) (29) of
the thirty-six (36) forty-four (44) parcels of land are zoned industrial totaling 140.2
217.3 acres or 90.4% 65.4% of the land within the proposed amended TIF district
boundary. Thirteen (13) Nine (9) of the parcels are zoned for commercial uses totaling
12.6 6.0 acres or 8.1% 1.8% of the area. Finally, there are two (2) six (6) R-3
residential parcels of land totaling 2.0 108.7 acres or 1.3% 32.7% of the area. The City
has purchased the residential properties for use as right-of-way for Opportunity Drive,
which was opened for traffic in 2005.
State law requires that not less than 50% of the land within a TIF district be
“suitable for ‘industrial sites’ within the meaning of (Wisconsin Statutes) s. 66.1101 and
zoned for industrial use”. Within TIF No. 26, 90.4% 65.4% percent of the land is zoned
for industrial uses thus meeting the required standard. All lands within TIF No. 26 that
are zoned for industrial uses will remain zoned for industrial uses for the life of the TIF
district. In addition, the Wisconsin TIF Law prohibits the costs associated with “newly
platted residential areas” from being considered as TIF project costs. Even though
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current zoning includes 108.7 acres of R-3 zoning on vacant land east of Beloit Ave.,
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the 2009 Comprehensive Plan calls for industrial development in this area. No
residential development is planned for TIF No. 26.
The TIF No. 26 Project Plan proposes to improve access to this existing
industrial area by upgrading of Beloit Ave. and constructing Opportunity Drive Reuther
Way along the Union Pacific Railroad right-of-way. In addition, the Project Plan
includes selective property acquisitions to develop new industrial sites. Finally, the
Project Plan includes the provision of incentives to encourage development expansion
projects. The timing of TIF expenditures will be phased to meet the needs of specific
development projects thereby minimizing the risk of incurring development costs in
advance of tax-producing development projects.
Map 1 shows the existing land uses and zoning in TIF No. 26.
PROPOSED TIF PROJECTS AND IMPROVEMENTS
V.
The public expenditures proposed in TIF No. 26 will be linked to the expansion
of the industries within the district. The expansion of the industry will increase property
values and will generate new tax increments that will allow the City to recover its TIF
costs. The kind, number, and location of all proposed improvements proposed for TIF
No. 26 are shown on Map 2 - Improvement Plan.
A. Land Acquisition and Site Improvements
In order to create the right-of-way for proposed Opportunity Drive Reuther
Way, the City may acquire property along the new right-of-way. In addition, right-of-
way may be needed as the vacant land east of Beloit Ave. develops. Land acquisition,
surveying, soil testing, environmental engineering, and title policy expenses may be
considered TIF project costs. Where possible, the properties purchased will be
consolidated into new development sites and marketed for redevelopment. In addition,
the City may provide reimburse private developers for site improvement costs related to
an industrial expansion project or for building renovations needed to accommodate new
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industries.
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B. Transportation Improvements
Transportation improvements may include the local share of the
reconstruction of Beloit Ave. and the proposed Opportunity Drive Reuther Way through
the TIF district. Beloit Ave. may be widened to a 4-lane cross section as the traffic to
and through TIF No. 26 increases with development. The traffic signal at the Kellogg
and Beloit Avenue intersection may be upgraded with the completion of Opportunity
Drive Reuther Way. In addition, the TIF Project Plan allows for the construction of
approximately 1,200 feet of Kellogg Ave. east of Beloit Ave. to provide access to the
south property boundaries of the industrial uses along Conde St. and the possible
signalization of the Beloit Ave./Conde St. intersection. Sidewalks and street lights
would be considered TIF transportation cost improvements.
A Project Plan boundary Amendment in 2007 included an existing rail spur along
the south property line of the properties fronting on the south side of Burbank Ave.
This rail spur has not been actively used for many years and may need rehabilitation.
The cost to rehabilitate this rail spur to bring it back into service may be included as a
TIF development cost. A second boundary amendment in 2009 added a significant
tract of land east of Beloit Ave. Access to this land will come from the extension of Todd
Dr. which could be developed using TIF funds. In addition, there may need to be a cul-
de-sac at the east end of State St. to keep industrial traffic out of the residential area
east of Beloit Ave. and south of Delavan Dr.
Map No. 2 shows the planned location of these transportation improvements.
Wherever street construction occurs, sidewalks or recreational trails, street trees, and
landscaping may be installed as part of the transportation improvement.
C. Utility Costs
As streets like Opportunity Drive Reuther Way, Todd Dr., or Kellogg Ave
are improved, sewer, water, gas and electric utilities may be installed within the rights-
of-way. In addition, a storm sewer collection system including assessments for
underground piping, surface detention ponds and safety fencing may be TIF costs.
These utility improvements will be phased along with the street construction to meet the
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needs of specific development projects. The utility costs will be included as TIF
expenditures.
D. Marketing and Project Financing
In order to attract development opportunities within TIF No. 26, it may be
necessary to implement a marketing program. Marketing activities may include the
development of brochures, photographs, topography and maps for use with industry
prospects. Marketing may also include architectural and feasibility studies.
Once the marketing materials are available, a direct mail program may be
implemented to attract new development. Marketing activities may also include the
payment of real estate commissions where a private “buyer’s broker” facilitates the sale
of a new development site in TIF No. 26. Where a specific industry has been
identified, incentive financing may be necessary to ‘close the deal’. Incentive financing
may include below interest loans, funding for equipment relocation and/or employee
training costs and unique start-up costs, and/or similar financing programs. Financing
may go directly to a development project or to capitalize a revolving loan fund to
provide financing assistance for projects throughout the TIF district.
Changes to State Law also allow the expenditure of TIF funds within ½
mile of an existing TIF boundary. The existing industries and vacant industrial
buildings located within ½ mile of TIF No. 26 may also need project financing and/or
development incentives to maintain employment levels, or to undertake expansion
projects to attract new tenants and create jobs. This Project Plan includes TIF funding
to assist with these types of industrial expansion projects within ½ mile of TIF No. 26
(See Map 4).
E. Administrative Costs
The TIF No. 26 project plan includes the cost incurred for administrative,
professional, organizational, and legal services related to the creation and
administration of the TIF district. Direct engineering costs shall be charged to the
specific construction projects within the TIF District. Direct legal and planning costs will
be charged as administrative costs. Finally, the cost of the three TIF audits required
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under Wisconsin Statutes ss.66.1105 and Department of Revenue TIF review fees will
be included as TIF project costs.
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DETAILED LIST OF ESTIMATED PROJECT COSTS
VI.
In order to determine the economic feasibility of the proposed TIF District No.
26, total project costs must be estimated and compared to the projected tax increments
that will be generated by the new development in the TIF district. Based on 2009
construction costs, TIF No. 26 improvement costs are estimated as follows:
A. Land Acquisition and Site Improvement $ 598,500 $ 598,500
B. Transportation Improvements 849,833 1,501,800
C. Utility Costs 251,287 601,285
D. Marketing & Project Financing 1,010,350 1,610,350
E. Administration 44,500 57,000
Total Cost of Improvements $ 2,754,470 $ 4,368,935
The estimated cost of TIF expenditures is $2,754,470 $4,368,935. Since the
project costs may be incurred over the first eighteen years of the TIF district, while TIF
revenues will be collected over a maximum of twenty-three (23) years, the City will have
to finance any negative TIF fund balance through interfund borrowing. Based on
conservative projections, debt service and interfund borrowing will add an additional
$980,143 $1,417,891 in TIF financing costs, bringing the total estimated TIF No. 26
project costs to $3,734,613 $5,786,826.
All project costs and interfund borrowing estimates are based on the most
current cost data available in December, 2008 June, 2009 and may be adjusted within
the total amount shown without modification or amendment of this TIF No. 26 Project
Plan.
All of the TIF No. 26 project costs except debt service and interfund borrowing
will be incurred during the first seven years of the TIF District. Table No. 1 shows the
schedule and timing of the proposed expenditures. The actual timing of expenditures
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will be contingent on the commitments from industries expanding their facilities and
guaranteeing a minimum property value that will generate sufficient tax increments over
the life of the TIF district to cover the TIF project costs.
Table No. 1
Tax Increment District No. 26
Summary of TIF Costs By Year
Year Type of Cost Cost
2004 Transportation, Utilites, Marketing, $1,021,396 $1,015,365
Project Financing & Administration
2005 Transportation, Marketing and $343,847 343,847
Administration
2006 Site Development, Administration $126,247 126,247
2007 Project Financing & Administration $204,696 204,696
2008 Land Acq., Site Development & 205,591 3,863
Administration
2009 Project Financ. & Admin. 325,950 394,450
2010 Proj. Financing, Marketing, Utilities 289,450 474,450
Administration
2011 Transportation, Proj. Financing, Utilities. 205,300 551,400
Administration
2012 Transportation, Proj. Financing, Utilities, 31,993 565,000
Administration
2013 Transportation, Proj. Financing, Utilities, 683,586
Administration
Total Cost of Improvements $ 2,754,470 $4,368,935
Debt Service and Interfund Borrowing 980,143 1,417,891
Total Estimated TIF No. 26 Costs $ 3,734,613 $5,786,826
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Prepared By: Economic Development Agency
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ECONOMIC FEASIBILITY AND METHODS OF FINANCING
VII.
A. Economic Feasibility Analysis
Under Wisconsin's Tax Increment District Law (ss. 66.1105), 100% of the
property taxes levied against new property value created within a TIF district is retained
by the City to pay for improvement costs that were incurred to attract the new
development. Implicit in the law is the concept that without the improvements, the
attraction of new development, the creation of new jobs, and the expansion of the tax
base would not occur.
The Wisconsin TIF law allows the City eighteen years in which to make
the improvements needed to stimulate and support redevelopment. The property tax
increments generated by the new development are retained by the City until all TIF
costs are paid, or up to a maximum of 5 years after the last expenditure is made. In no
case shall the TIF district have a life longer than twenty three (23) years.
The City of Janesville's Tax Increment District No. 26 was created by
Council action in November, 2003, amended in February, 2007, and amended again in
January, 2009, and amended in June, 2009.. Therefore, all TIF project improvements
must be completed by November, 2021. The taxes on any increased property value in
the district between 2004 and 2026 will be retained by the City to repay the TIF project
costs. TIF No. 26 will be dissolved when all TIF project costs are repaid, or in
November, 2026, whichever comes first.
In order to determine the economic feasibility of the proposed TIF district,
estimated TIF costs must be compared to projected TIF property tax increments.
Where tax increments exceed TIF costs over the twenty three (23) year life of the TIF
district, the TIF district is considered economically feasible.
The City of Janesville has made conservative assumptions about the
future to determine the economic feasibility of TIF No. 26. All TIF costs related to
industrial expansion projects are incurred according to the schedule shown in Table
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No. 1. TIF property value increases for are shown for three separate expansion
projects that occurred between 2003 and 2008. In addition, as new industrial sites are
acquired and improved with streets and utilities, new industrial projects will be
developed. The Project Plan documents $8,889,400 in new property valuation that was
added by expansion projects by 2008. In addition, projected expansions in 2008 and
2010 2010, 2012, 2014, and 2016 will add $1,000,000 $2,000,000 in new valuation in
those years.
Where possible, the expenditure of TIF monies will be phased and linked
to known development projects. The City will enter into binding contracts with the
industries locating within TIF No. 26 that will guarantee the minimum amount of
investment needed to fully amortize all TIF costs associated with each project within 10
years. The overall TIF District should be able to recover all costs by the year 2023
thst
2024, the 20 21 year of the TIF district.
The equalized value property tax mill rate levy is projected to decrease by
1.0% per year and increases in equalized property valuation of 2.0% due to inflation
are projected. These assumptions are conservative, given the uncertainty in the
economy and the efforts of the State Legislature to control municipal spending. Based
on these assumptions, the $14,299,200 $17,031,300 (plus $6,433,800 in inflation
value) in new property value generated by development within TIF No. 26 will create
sufficient new property tax increments to repay all planned TIF project costs. The City
will limit the implementation of all TIF expenditures until the actual levels of new
property value are known.
Table 2 shows TIF costs including financing of $3,734,613 $5,786,826.
These monies will only be expended if the property value of the industrial construction
is adequate to ensure a sufficient tax increment to recover the cost within the life of the
TIF district. If $14,299,200 $17,031,300 of new property value is created as projected
in Table 2, the TIF district will generate a total of $4,635,263 $6,623,728 in property tax
increments over the 23 year life of the district. Since property tax increments are
projected to exceed TIF costs by $900,649 $836,901 TIF No. 26 is found to be
18
economically feasible. Projected TIF revenues will cover TIF costs within 20 21 years
and the City projects that TIF No. 26 may be dissolved by 2023 2024.
19
$411,87300$980,143$342,486 225,784
01-Dec-08
TIF No. 26 Amendment No. 2
JDV
City of Janesville
Tax Increment vs. TIF Cost Comparison
EqualizedTaxLongExistingCapital Exp.
Const.TotalValueIncrementTerm Debt& FutureInterfundTIFTIF
YearValueIncremental Mill Rate& Misc.DebtServiceDebtInterestBalanceYearYear
TID Value RevenueProceedsCostsServiceCosts
2003000.02275$0$06,031$0($6,031)2003
2004000.02252$4,504$1,265,0001,015,365$30$248,07820041
20054,958,2004,958,2000.02178$5,386$170,000$92,554343,847$0($12,937)20052
20061,690,7006,648,9000.02047$114,990$125,000$133,295126,247$1,475($33,964)20063
20072,240,5008,889,4000.02085$164,510$0$150,400204,696$2,657($227,207)20074
2008141,9009,031,3000.02085$197,600$151,5530$9,088($190,248)20085
200909,211,9260.02064$192,070$152,75828,783$7,610($187,329)20096
20101,000,00010,416,1650.02044$215,006$153,77873,593$7,493($207,187)20107
2011010,624,4880.02023$217,113$149,677111,990$8,287($260,028)20118
2012010,836,9780.02003$219,241$155,303163,848$10,401($370,339)20129
2013011,053,7170.01983$221,390$439,525138,936$14,814($742,225)201310
2014011,274,7910.01963$223,559$393,030129,238$29,689($1,070,622)201411
2015011,500,2870.01943$225,750125,133$42,825($1,012,830) 201512
2016011,730,2930.01924$227,962121,028$40,513($946,408)201613
2017011,964,8990.01905$230,197116,922$37,856($870,990)201714
2018012,204,1970.01886$232,452112,817$34,840($786,195)201815
2019012,448,2810.01867$234,73088,153$31,448($671,065)201916
2020012,697,2460.01848$237,03152,275$26,843($513,153)202017
2021012,951,1910.01830$239,35421,351$20,526($315,676)202118
2022013,210,2150.01811$241,6990$12,627($86,604)202219
2023013,474,4190.01793$244,0680$3,464$154,000202320
2024013,743,9080.01775$246,4600$0$400,460202421
2025014,018,7860.01758$248,8750$0$649,335202522
2026014,299,1620.01740$251,3140$0$900,649202623
10,031,300Totals:$4,635,263$1,560,000$1,971,873$2,980,254$342,486
Increment +Debt-Capital Exp.-Debt Serv.$900,649
Assumptions:Expenditures:
AmountYear
1. Mill Rate Growth :0.9900Direct Cost6,0312003
2. Interfund Cost :4.0%Debt1,015,3652004
3. Value Growth : 1.020Debt343,8472005
4. G.O. Bond Rate :4.00%Debt126,2472006
Debt204,6962007
Debt205,5912008
Debt325,9502009
Debt289,4502010
Debt205,3002011
Direct Cost26,4002012
Direct Cost5,5932013
Project Costs2,754,470
Interest Costs980,143
Total TIF Costs$3,734,613
J:\Development\Economic Development\TIF Districts\TIF 26\Amendment #3\[TIF 26 Plan Amendment 3.xls]Summary
Prepared By: Economic Development Agency
18
Debt
Direct Cost
$479,66200$320,901 617,328
01-Jun-09
TIF No. 26 Amendment No. 3
JDV
City of Janesville
Tax Increment vs. TIF Cost Comparison
EqualizedTaxLongExistingCapital Exp.
Const.TotalValueIncrementTerm Debt& FutureInterfundTIFTIF
YearValueIncremental Mill Rate& Misc.DebtServiceDebtInterestBalanceYearYear
TID Value RevenueProceedsCostsServiceCosts
2003000.02275$0$06,031$0($6,031)2003
2004000.02252$4,504$1,265,0001,015,365$30$248,07820041
20054,958,2004,958,2000.02178$5,386$170,000$92,554343,847$0($12,937)20052
20061,690,7006,648,9000.02047$114,990$125,000$133,295126,247$1,475($33,964)20063
20072,240,5008,889,4000.02085$164,510$0$150,400204,696$2,657($227,207)20074
2008141,9009,031,3000.02058$198,821$326,094$151,5533,863$2,763$139,52920085
200909,211,9260.02038$189,611$191,3560$0$137,78420096
20102,000,00011,436,1650.02017$233,039$200,20356,209$0$114,41120107
2011011,664,8880.01997$235,323$194,746120,956$0$34,03220118
20122,000,00013,938,1860.01977$278,371$194,071195,956$0($77,624)20129
2013014,216,9490.01957$281,100$477,094270,551$2,329($546,498)201310
20142,000,00016,541,2880.01938$323,786$434,299359,643$16,395($1,033,049)201411
2015016,872,1140.01918$326,959$44,769348,419$30,991($1,130,269) 201512
20162,000,00019,249,5560.01899$369,301$33,350337,195$33,908($1,165,421)201613
2017019,634,5470.01880$372,920$27,216325,970$34,963($1,180,650)201714
2018020,027,2380.01862$376,574$40,850314,746$35,420($1,195,092)201815
2019020,427,7830.01843$380,265303,522$35,853($1,154,203)201916
2020020,836,3390.01824$383,991252,853$34,626($1,057,690)202017
2021021,253,0660.01806$387,754195,860$31,731($897,527)202118
2022021,678,1270.01788$391,554133,070$26,926($665,969)202219
2023022,111,6890.01770$395,39271,264$19,979($361,820)202320
2024022,553,9230.01753$399,2670$10,855$26,591202421
2025023,005,0020.01735$403,1790$0$429,771202522
2026023,465,1020.01718$407,1310$0$836,901202623
17,031,300Totals:$6,623,728$1,886,094$2,365,756$4,986,263$320,901
Increment +Debt-Capital Exp.-Debt Serv.$836,901
Assumptions:Expenditures:
AmountYear
1. Mill Rate Growth :0.9900Direct Cost6,0312003
2. Interfund Cost :3.0%Debt1,015,3652004
3. Value Growth : 1.020Debt343,8472005
4. G.O. Bond Rate :4.25%Debt126,2472006
Debt204,6962007
Direct Cost3,8632008
Debt394,4502009
Debt474,4502010
Debt551,4002011
Debt565,0002012
Debt683,5862013
Project Costs4,368,935
Interest Costs1,417,891
Total TIF Costs$5,786,826
#N/A
Prepared By: Economic Development Agency
19
Debt
Direct Cost
B. Methods of Financing
Wisconsin Statutes provide several methods of financing the cost of
improvements in tax increment districts. For smaller amounts, financing through the
general fund may be feasible. Transfers can be made from the municipal general fund
account into the TIF expenditure account to cover the cost of TIF improvements. This
method of financing avoids the interest cost associated with municipal borrowing.
However, since the General Fund balance is reduced, the General Fund loses interest
income, an interfund borrowing cost is charged to the TIF account.
State law also provides for municipal borrowing. Community borrowing is
divided into two forms -- that subject to a statutory limitation and borrowing not subject
to limitation. Possible funding sources include:
1. General Obligation Borrowing - Is sometimes referred to as a local
promissory note from a bank, State Trust Fund, or other lending
institution. This form of borrowing requires little effort or legal costs
and works well for smaller sums. This sort of borrowing is included
in the municipal borrowing limitation.
2. General Obligation Bonding – Is a irrepealable property tax
obligation of the community. General obligation bonds can often be
sold at lower interest rates than other forms of borrowing. However,
there are additional regulations and requirements that make G.O.
Bonds suitable for larger projects. G.O. Bonds are included in the
municipal borrowing limitation.
3. Mortgage Revenue Bonds - Are repaid through the revenue
generated by a public utility like a water or sewer utility. Revenue
bonds also have regulatory and legal requirements that make them
suitable for larger project costs. Since revenue bonds do not
pledge the community's taxing capacity, they are not subject to a
municipal borrowing limitation.
4. Federal and State Grant or Loan Programs - Like Community
Development Block Grants or State Transportation aids are
sometimes available to supplement local funding sources.
However, the amount of grant dollars available is limited and state
and federal funding is uncertain given the need to balance budgets.
20
The actual method of financing specific TIF projects will be determined by
the City based on the current fiscal condition of the City, anticipated non-TIF capital
needs, municipal borrowing rates and terms, and the amount of financing needed.
Where general obligation borrowing is used, TIF financing costs have been calculated
assuming financing over ten (10) years, with equal principal payments.
The City will not proceed with any phase of the planned public
improvements until a developer or business is committed to construct a new building or
renovate an existing building with a value sufficient to generate the property tax
increments needed to cover the cost of the improvements. Therefore, the actual City
expenditures in TIF No. 26 may be substantially different that those shown in the
project plan.
C. Additional Economic Benefits
The economic feasibility analysis has shown that the property tax
increments will be sufficient to cover all TIF project costs over the twenty three (23)
year life of the TIF district. The development of TIF No. 26 will facilitate industrial
expansion projects, increase property values, and create new jobs in the City of
Janesville. These jobs will help diversify the local economy and the increased
manufacturing payrolls will have a positive multiplier effect in the trade and service
sectors.
PROPOSED CHANGES IN ORDINANCES, CODES, & PLANS
VIII.
The proposed TIF No. 26 project plan is in conformance with the City of
Janesville's present zoning ordinance, with the City's Industrial Development Plan and
the General Development Plan. Ninety and Four Tenths percent (90.4%) Sixty-Five
(65%) of the properties within TIF No. 26 has been found to be suitable for industrial
development in accordance with Wisconsin's Promotion of Industry Statute ss 66.1101,
21
and will remained zoned for industrial purposes for the life of the TIF district. All
development in TIF No. 26 will have to conform to the State Building Codes and will be
subject to the City's permitting and inspection procedures. The TIF No. 26 project plan
conforms to all relevant State and local ordinances, plans, and codes, thus, no changes
to the existing regulations are proposed or needed.
LIST OF ESTIMATED NON-PROJECT COSTS
IX.
All of the public improvements and other project costs included in this project
plan are TIF eligible costs as defined in Wisconsin Statutes ss. 66.1105, the Tax
Increment District Law. Some expenditures are envisioned outside the boundaries of
the proposed TIF district, but within ½ mile of the TIF boundary. These expenditures
are now allowed by recent changes to Wisconsin’s TIF law. The City does plan to use
a combination of federal and state funding sources to construct the upgrade to Beloit
Ave. and to construct Opportunity Drive Reuther Way. The use of these federal and
state funding sources will reduce the portion of the improvement cost allocated to the
TIF district.
METHODS FOR RELOCATION OF DISPLACED PERSONS
X.
The TIF No. 26 Project Plan does plan land acquisition for road right-of-way and
future industrial site development. There may be displacement of persons or business
needing relocation assistance. For any reason, should relocation be necessitated by
the City's involvement in the implementation of this Project Plan, it will be undertaken
pursuant to Wisconsin Statutes Section 32.19 and 33.195, and according to a
Relocation Plan, as approved by the Wisconsin Department of Commerce. Where
federal dollars are used for the planned Beloit Ave./Opportunity Drive improvements,
federal relocation laws will be followed as well.
22
PROMOTION OF THE ORDERLY DEVELOPMENT OF THE CITY
XI.
The creation of TIF No. 26 and the implementation of the projects in the TIF
Project Plan will promote the orderly development of the City of Janesville by
encouraging the expansion of existing industries already served by municipal
transportation and utility infrastructure. Such expansion projects reduce the need to
purchase and develop additional farmland into industrial parks. By providing financial
incentives to stimulate private development projects, the City is able to ensure that
economic growth continues to occur, thus offsetting the inevitable loss of jobs and
incomes when economic conditions force the closure of other employers in the
community.
By utilizing the provisions of the Tax Increment Finance Law, the City can
increase property values through development projects that result in increased tax
base. TIF No. 26 continues the industrial development on the City’s southeast side that
began with the creation of TIF No. 5 in 1988, TIF No. 16 in 1996, and TIF No. 22 in
1999. TIF No. 26 will add to the tax and employment base of the community, and will
generate positive secondary impacts in the community through increased local
disposable incomes.
23
Resolution No. 2003 – 390
RESOLUTION APPROVING THE PROJECT PLAN AND CREATING TAX
INCREMENT FINANCE DISTRICT No. 26 WITHIN THE CITY OF JANESVILLE
ROCK COUNTY, WISCONSIN
WHEREAS, the City of Janesville has prepared a Project Plan and proposed a boundary for the
creation of City of Janesville Tax Increment Finance District No. 26 in accordance with the
provisions of Wisconsin Statues ss 66.1105, a copy of said Project Plan and proposed TIF No. 26
boundary are attached and herein incorporated to this Resolution; and
WHEREAS, the Plan Commission has held a public hearing on the proposed creation of Tax
Increment District No. 26 and the proposed boundaries thereof, and recommended the approval
of the Project Plan for Tax Increment District No. 26 and the creation of the new TIF district; and
WHEREAS, the Chief Executive Officer of the local school district, Rock County Board,
Blackhawk Technical College, and the other entities having the power to levy taxes on the
property located within the proposed Tax Increment District No. 26 have been notified pursuant
to Section 66.1105 (4) (a) and (e), Wisconsin State Statutes; and
WHEREAS, more than 50% of the land within the proposed TIF District No. 26 is currently
zoned for industrial uses and has been found suitable for industrial development within the
meaning of Section 66.1101, Wisconsin State Statutes and will remain zoned for industrial
purposes for the 23 year life of the TIF District; and
WHEREAS, the project costs directly serve to promote industrial development, consistent with
the purpose for which the TIF District is created, and the improvement of such areas for industrial
projects will significantly enhance the value of all property within the TIF District; and
WHEREAS, the aggregate equalized value of taxable property within all of Janesville's TIF
Districts does not exceed seven percent (7%) of the total equalized value of property within the
City of Janesville; and
WHEREAS, the Project Plan for Tax Increment District No. 26 is economically feasible and has
been found to be in accordance with the City's General Development Plans, Zoning Ordinance,
and other relevant policies and that this project is in the best interest of the City of Janesville and
for the benefit of its residents.
Resolution No. 2007 – 366
RESOLUTION APPROVING AMENDMENT No. 1 TO THE PROJECT PLAN FOR
TAX INCREMENT FINANCE DISTRICT NO. 26
WITHIN THE CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN
WHEREAS, in November, 2003 the Common Council of the City of Janesville adopted
a Project Plan and created Tax Increment Finance District No. 26 in accordance with
the provisions of Wisconsin Statues § 66.1105, and
WHEREAS, Wisconsin Statutes Section 66.1105 (4)(h) provides for the amendment of
TIF Project Plans following notice to all overlying jurisdictions, public hearing, and
review and recommendation by the City Plan Commission; and
WHEREAS, the City of Janesville has prepared Amendment No. 1 to the Project Plan
for TIF No. 26 in order to revise the projected budget add additional land to the TIF
No. 26 boundary as provided by Wisconsin’s TIF law; and
WHEREAS, the Plan Commission has held a public hearing on Amendment No. 1 to
the Project Plan of Tax Increment District No. 26, the proposed boundary changes
thereof and recommended its approval; and
WHEREAS, the Chief Executive Officer of the Janesville School District, Rock County
Board, Blackhawk Technical College, and the other entities having the power to levy
taxes on the property located within the proposed Tax Increment District No. 26 have
been notified pursuant to Section 66.1105 (4) (a) and (e), Wisconsin State Statutes;
and
WHEREAS, all of the land within TIF District No. 26, as amended, is declared to be an
“industrial TIF district”, where more than 51% of the land is currently zoned either M-1
Industrial or M-2 Industrial, has been found suitable for industrial development within
the meaning of Section 66.1101, Wisconsin State Statutes, and will remain zoned for
industrial purposes for the 27-year life of the TIF District; and
WHEREAS, the project costs directly serve to promote industrial development,
consistent with the purpose for which the TIF District is created, and the improvement
of such areas for industrial projects will significantly enhance the value of all property
within the TIF District; and
WHEREAS, the equalized value of taxable property within TIF No. 26 plus the value
increment of all existing Janesville TIF Districts does not exceed twelve percent (12%)
of the total equalized value of property within the City of Janesville; and
Resolution No. 2008 – 557
RESOLUTION APPROVING AMENDMENT No. 2 TO THE PROJECT PLAN FOR
TAX INCREMENT FINANCE DISTRICT NO. 26
WITHIN THE CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN
WHEREAS, on November 24, 2003 the Common Council of the City of Janesville
adopted a Project Plan and created Tax Increment Finance District No. 26 in
accordance with the provisions of Wisconsin Statues § 66.1105, and
WHEREAS, on February 12, 2007, the Common Council of the City of Janesville
adopted Amendment No. 1 to the Project Plan for TIF District No. 26 in accordance with
the provision of Wisconsin Statutes § 66.1105; and
WHEREAS, Wisconsin Statutes Section 66.1105 (4)(h) provides for the amendment of
TIF Project Plans following notice to all overlying jurisdictions, public hearing, and
review and recommendation by the City Plan Commission; and
WHEREAS, the City of Janesville has prepared Amendment No. 2 to the Project Plan
for TIF No. 26 in order to revise the projected budget to permit the expenditure of TIF
No. 26 funds on development projects located within ½ mile of the TIFNo. 26 boundary
as provided by Wisconsin Statutes Section 66.1105 (2)(f)1.n.; and
WHEREAS, the Plan Commission has held a public hearing on Amendment No. 2 to
the Project Plan of Tax Increment District No. 26, the proposed boundary changes
thereof and recommended its approval; and
WHEREAS, the Chief Executive Officer of the Janesville School District, Rock County
Board, Blackhawk Technical College, and the other entities having the power to levy
taxes on the property located within the proposed Tax Increment District No. 26 have
been notified pursuant to Section 66.1105 (4) (a) and (e), Wisconsin State Statutes;
and
WHEREAS, all of the land within TIF District No. 26, as amended, is declared to be an
“industrial TIF district”, where more than 51% of the land is currently zoned either M-1
Industrial or M-2 Industrial, has been found suitable for industrial development within
the meaning of Section 66.1101, Wisconsin State Statutes, and will remain zoned for
industrial purposes for the life of the TIF District; and
WHEREAS, the project costs directly serve to promote industrial development,
consistent with the purpose for which the TIF District is created, and the improvement
of such areas for industrial projects will significantly enhance the value of all property
within the TIF District; and
Resolution No. 2009 – 617
RESOLUTION APPROVING AMENDMENT No. 3 TO THE PROJECT PLAN FOR
TAX INCREMENT FINANCE DISTRICT NO. 26
WITHIN THE CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN
WHEREAS, on November 24, 2003 the Common Council of the City of Janesville
adopted a Project Plan and created Tax Increment Finance District No. 26 in
accordance with the provisions of Wisconsin Statues § 66.1105, and
WHEREAS, on February 12, 2007, the Common Council of the City of Janesville
adopted Amendment No. 1 to the Project Plan for TIF District No. 26 in accordance with
the provision of Wisconsin Statutes § 66.1105; and
WHEREAS, on January 12, 2009, the Common Council of the City of Janesville
adopted Amendment No. 2 to the Project Plan for TIF No. 26 in accordance with the
provisions of Wisconsin Statutes § 66.1105; and
WHEREAS, Wisconsin Statutes Section 66.1105 (4)(h) provides for the amendment of
TIF Project Plans following notice to all overlying jurisdictions, public hearing, and
review and recommendation by the City Plan Commission; and
WHEREAS, the City of Janesville has prepared Amendment No. 3 to the Project Plan
for TIF No. 26 in order to revise the projected budget to amend the boundaries of TIF
No. 26 to include additional industrially-zoned lands consistent with the development
purposes for which TIF No. 26 was created; and
WHEREAS, the Plan Commission has held a public hearing on Amendment No. 3 to
the Project Plan of Tax Increment District No. 26, the proposed boundary changes
thereof and recommended its approval; and
WHEREAS, the Chief Executive Officer of the Janesville School District, Rock County
Board, Blackhawk Technical College, and the other entities having the power to levy
taxes on the property located within the proposed Tax Increment District No. 26 have
been notified pursuant to Section 66.1105 (4) (a) and (e), Wisconsin State Statutes;
and
WHEREAS, all of the land within TIF District No. 26, as amended, is declared to be an
“industrial TIF district”, where more than 51% of the land is currently zoned either M-1
Industrial or M-2 Industrial, has been found suitable for industrial development within
the meaning of Section 66.1101, Wisconsin State Statutes, and will remain zoned for
industrial purposes for the life of the TIF District; and
Resolution 2009 - 617
Page 2
WHEREAS, the project costs directly serve to promote industrial development,
consistent with the purpose for which the TIF District is created, and the improvement
of such areas for industrial projects will significantly enhance the value of all property
within the TIF District; and
WHEREAS, the equalized value of taxable property within TIF No. 26 plus the value
increment of all existing Janesville TIF Districts does not exceed twelve percent (12%)
of the total equalized value of property within the City of Janesville; and
WHEREAS, the amended Project Plan for Tax Increment District No. 26 is
economically feasible and has been found to be in accordance with the City's Master
Plans, Zoning Ordinance, and other relevant uses and that this project is in the best
interest of the City of Janesville and for the benefit of its residents.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Janesville that it hereby approves Amendment No. 3 to the Project Plan for City of
Janesville Tax Increment Finance District No. 26 and refers the Amended Project Plan
to a Joint Review Board for review and approval according to Wisconsin Statutes
.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
City Attorney
Proposed by: City Manager
Prepared by: Economic Development DIrector
CITY ATTORNEY’S OFFICE MEMORANDUM
June 9, 2009
MEMORANDUM
TO: J. Douglas Venable, Director of Economic Development
FROM: Wald Klimczyk, City Attorney
RE: Legal Opinion – Amendment No. 3 to T.I.F. No. 26 Project Plan
Sec. 66.1105(4)(f), Wis. Stats., of the Tax Increment Financing Law mandates that
the project plan or any plan amendment for a tax increment financing district "include an
opinion of the city attorney or an attorney retained by the city advising whether the plan is
complete and complies with this section.” You have asked me to review a certain
proposed “Amendment No. 3 to the Tax Incremental Finance District No. 26 Project Plan,”
dated July 27, 2009 (the planned date for City Council action) and determine if, in my
opinion, it is complete and complies with the requirements of Wisconsin's T.I.F. Law. This
memorandum constitutes my legal opinion.
Sec. 66.1105(4)(f), Wis. Stats., sets forth those components of a T.I.F. project plan
which are required by state law. They are as follows:
1. A statement listing the kind, number, and location of all proposed public
works or improvements within the district or, to the extent provided in Section 66.1105(4)(f)
1. k, Wis. Stats., outside the district;
2. An economic feasibility study;
3. A detailed list of estimated project costs;
4. A description of the methods of financing all of the estimated projected costs;
5. The time when the costs or monetary obligations related thereto are to be
incurred;
J:\Agenda Review\Approved Agenda Items\2009\6-22-2009\TIF 26 Amend 3 Attach.doc
J. Douglas Venable
June 9, 2009
Page 2
6. A map showing the existing uses and conditions of the real property in the
district;
7. A map showing the proposed improvements and uses in the district;
8. Proposed changes of:
a. Zoning ordinances.
b. The master plan, if any.
c. The master map, if any.
d. Building codes.
e. City ordinances.
9. A list of estimated non-project costs;
10. A statement of proposed methods for the relocation of any person(s) to be
displaced; and
11. How the Tax Increment Financing District promotes the orderly development
of the City.
I have reviewed proposed “Amendment No. 3 to the Tax Incremental Finance
District No. 26 Project Plan,” dated July 27, 2009 prepared by the City of Janesville
Economic Development Agency and Finance Division. It is my legal opinion that said
project plan as prepared by the Economic Development Agency is complete and does
comply with Section 66.1105(4) (f), Wis. Stats. According to the terms of the above cited
statute, this legal opinion should now become the final component of that project plan
amendment.
Wald Klimczyk
City Attorney
wk
cc: Jean Ann Wulf, City Clerk-Treasurer
J:\Agenda Review\Approved Agenda Items\2009\6-22-2009\TIF 26 Amend 3 Attach.doc
J:\Agenda Review\Approved Agenda Items\2009\6-22-2009\TIF 26 Amend 3 Attach.doc