#6 Introduce and refer to Plan Commission for a public hearing a proposed resolution to amend Boundary and Project Plan for TIF #35 (File Res. #2012-875)Economic Development Memorandum
Date: January 4, 2012
TO: Janesville City Council
FROM: Vic Grassman, Economic Development Director
SUBJECT: Introduce and Refer to Plan Commission for a Public Hearing a Proposed
Resolution Amending the Boundary and Project Plan of TIF District No.
35. (File Resolution No. 2012-875)
______________________________________________________________________
I. Summary
City staff is proposing an amendment to TIF No. 35 to add approximately 84 acres
of vacant land adjoining the southwest portion of the existing TIF boundary. 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 February 13, 2012.
II. TIF Amendment 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
February 6, 2012. The Plan Commission will then make a recommendation to the City
Council, on the proposed TIF boundary and Project Plan amendment.
Following review by the Plan Commission, the Council may act on a resolution
amending the TIF boundary and Project Plan. Wisconsin Statutes also require 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.
III. Amendment No. 1 toTIF No. 35
TIF No. 35 currently contains a 226-acre parcel of land at the southwest corner of
STH 11 and Beloit Avenue that was created to attract potential industrial developments
and contains a certified industrial site which provides potential developers a site that is
“shovel ready”. Proposed Amendment No. 1 will modify the TIF No. 35 boundary to add
an additional 84 acres of vacant land adjoining the southwest portion of the existing TIF
boundary. Since 2009 the City has had an option to purchase an additional 84 acres of
land to the south of the existing TIF 35 to accommodate future industrial development.
With the option set to expire on December 31, 2011, the City executed the option to
purchase the additional 84 acres of land at their December 22 Meeting. Upon
annexation, this land will be zoned M-1 Light Industrial and included within the
boundaries of TIF No. 35 by approval of Amendment No. 1 to the TIF No. 35 Project
Plan.
IV. Recommendation
The City of Janesville has successfully used tax increment financing as an
economic development tool. With the poor state of the national economy, Janesville
needs to remain aggressive in pursuing all development opportunities.
Staff recommends that the Council introduce the Amendment No. 1 to the Project
Plan for TIF No. 35 and refer it to the Plan Commission for a public hearing and
recommendation.
V. City Manager Recommendation
nd
Based on the action taken by the City Council on December 22, the City
Manager recommends approval.
Attachments: Amendment No. 1 - TIF No. 35 Project Plan
Resolution 2012-875
Cc Eric Levitt, City Manager
Jay Winzenz, Director of Administrative Services
Resolution No. 2012-875
RESOLUTION APPROVING AMENDMENT NO. 1 TO THE PROJECT PLAN FOR
TAX INCREMENT FINANCE DISTRICT NO. 35
WITHIN THE CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN
WHEREAS, the Common Council of the City of Janesville adopted Resolution No.
2011-816 on August 22, 2011, creating the City of Janesville Tax Increment Finance
District No. 35 in accordance with the provisions of Wisconsin Statutes Section 66.1105;
and
WHEREAS, the City of Janesville Administration is now proposing Amendment No. 1 to
the Project Plan for TIF No. 35 revising the project budget and amending the TIF No. 35
boundary to include an additional 84 acres of industrial land; and
WHEREAS, the Janesville Plan Commission has held a public hearing on proposed
Amendment No. 1 to the Project Plan of Tax Increment District No. 35 and the proposed
new boundaries of the Amended TIF district on the 6 day of February, 2012, and found
both proposed amendments to be acceptable and consistent with the long range plans
of the City and its best interests; and
WHEREAS, the Chief Executive Office of the Janesville School District, Rock County
Board, Blackhawk Technical College, and other entities having the power to levy taxes
upon the property located within the proposed Tax Increment District No. 35 have been
notified of the proposed Amendment to the Project Plan for TIF No. 35, pursuant to
Section 66.1105 (4)(a) and (e), Wisconsin State Statutes; and
WHEREAS, Tax Increment Finance District No. 35, as amended, is declared to be an
“industrial TIF district”, where more than 51% of the land is currently zoned M-1
Industrial 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 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 was created, and the improvement
of the proposed additional areas for industrial projects will significantly enhance the
value of all property within the City of Janesville; and
WHEREAS, the equalized value of taxable property within the amended boundaries of
TIF No. 35 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. 35 is economically
feasible and in conformity and has been found to be in accordance with the City’s
Resolution No. 2012-875
TIF 35 Amendment No. 1
Page 2
General Development Plans, Zoning Ordinance, and other relevant policies; and that
implementation of the improvements as set forth in the Amended TIF No. 35 Project
Plan is in the best interest of the City of Janesville and for the benefit of its residents
and taxpayers.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Janesville that they hereby approve Amendment No. 1 to the Project Plan for City of
Janesville Tax Increment Finance District No. 35, and refer Amendment No. 1 to a Joint
Review Board for review and approval according to Wisconsin Statutes.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Dongarra-Adams
Liebert
Eric J. Levitt, City Manager
McDonald
Rashkin
ATTEST:
Steeber
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: City Manager
Prepared by: Community Development
TAX INCREMENT FINANCE DISTRICT No. 35
PROJECT PLAN
Adopted August 22, 2011
AMENDMENT No. 1
February 13, 2012
Prepared By:
Economic Development Agency
Accounting Division
City Manager’s Office
City of Janesville, Wisconsin
18 N. Jackson St.
Janesville, WI 53545
CITY OF JANESVILLE
TAX INCREMENT FINANCE DISTRICT No. 35
TABLE OF CONTENTS
I. WISCONSIN TAX INCREMENT LAW AND PROCESS ........................ 1
II. TIF No. 35 PLAN OBJECTIVES ......................................................... 2
III. BOUNDARIES OF TIF No. 35 ......................................................... 3
IV. EXISTING ZONING AND PROPOSED LAND USES ............................. 6
V. PROPOSED TIF PUBLIC WORKS PROJECTS AND .............................. 10
IMPROVEMENTS
VI. DETAILED LIST OF ESTIMATED PROJECT COSTS ........................... 12
VII. ECONOMIC FEASIBILITY AND METHODS OF FINANCING ............. 16
VIII. PROPOSED CHANGES IN ORDINANCES, CODES, & PLANS ............ 20
IX. LIST OF ESTIMATED NON-PROJECT COSTS ...................................... 21
X. METHODS FOR RELOCATION OF DISPLACED PERSONS ................ 21
XI. PROMOTION OF THE ORDERLY DEVELOPMENT ........................... 21
MAPS
1. Map 1 TIF No. 35 Boundary Map ……………. ......................................... 5
2. Map 2 TIF No. 35 Zoning ......................................................... 8
3. Map 3 TIF No. 35 Existing Conditions and Land Use ................................ 9
4. Map 4 TIF No. 35 Proposed Improvements ................................................ 14
5. Map 5 TIF No. 35 Property Within ½ Mile of Boundary............................. 15
LEGAL AND PROCEDURAL
1. Legal Opinion From City Attorney on Project Plan
2. TIF No. 35 Plan Adoption and Creation Resolutions
3. Joint Review Board Resolution
City of Janesville
Tax Increment Finance District No. 35
Project Plan
WISCONSIN TAX INCREMENT LAW AND PROCESS
I.
Under Wisconsin Statutes Section 66.1101 (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 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.
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 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.
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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 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. Amendments to a TIF Project
Plan may be made by following the same procedures. TIF project plan amendments may be
necessary to revise projected budgets and/or to amend the boundaries of the original TIF district.
This document will meet the statutory requirements for a Project Plan for Tax Increment
Finance District No. 35.
TIF No. 35 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 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.
TIF No. 35 will advance the City of Janesville's industrial development objectives and
specifically will:
A. Promote industry retention, expansion, and attraction through the
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development of a new fully improved certified industrial park, thereby
creating new jobs and increased tax base.
B. Provide appropriate financial incentives to encourage industrial expansion.
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 eight (8) to 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. 35
III.
Described as follows:
Pt SE. ¼ and Pt SW. ¼ Sec 13-2-12 and also Pt NE. ¼ and NW. ¼ Sec 24-2-12, 4TH PM,
City of Janesville, Rock Co, WI DAF: Com NE cor sd Sec 24; th S0°18'59"E alg E L NE ¼ sd
Sec 24, 400.21'; th N88°27'04"W 33.02' to W L CTH G and POB; th N88°27'04"W 3826.97'
m/l; th N0°02'51"W 1704.64' to N L SE ¼ SW ¼ sd Sec 13; th S89°02'36"E alg sd N L
1291.03' to NE cor sd SE ¼ SW ¼ sd Sec 13; th N0°00'24"E alg N-S CL sd Sec 13, 1283.03' to
S L STH 11; th S88°41'40"E alg sd S L 1757.16' to W L Lot 1 CSM rec in Vol 8 Pgs 114-115;
th S1°18'01"W alg sd W L 217.05' to SW cor sd CSM; th S88°42'05"E alg S L sd CSM 110.0'
to SE cor sd CSM; th N1°18'01"E alg E L sd CSM 200.0'; th S88°41'40"E 70.0' to NW cor Lot
1 CSM rec in Vol 9 Pgs 132-133; th S1°18'01"W alg W L sd Lot 200.0' to SW cor sd Lot; th
S88°42'05"E alg S L sd Lot 115.05' to SE cor sd Lot; th N1°18'01"E alg E L sd Lot 200.0' to S
L STH 11; th S.88°41'40"E 163.80' alg sd S L STH 11; th S71°01'05"E alg sd SL 293.11' to W
L CTH G; th S05°31'29"E 429.43' alg sd W L; th cont S alg sd W L 187.2' m/l to pt on N L
CSM rec in Vol 15 Pgs 135-136; th N88°34'17"W 7.0' m/l to NE cor Lot 1 sd CSM; th S alg E
L sd Lot 1 570.00' to SE cor sd Lot; th S88°34'17"E 7.0' m/l to W L sd CTH G; th S alg sd W L
1722.62' m/l to POB. 6-17-126, 6-17-126.4, 6-17-126.6,pt 6-17-125, pt 6-17-212, & pt 6-17-
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Also containing the following described property: PART OF THE NW 1/4 OF SECTION 24,
TH
T.2N., R.12E. OF THE 4 P.M., TOWN OF ROCK, ROCK COUNTY, WISCONSIN.
DESCRIBED AS FOLLOWS: Commencing at an aluminum monument at the North 1/4 Corner
of said Section; thence S.0°43’12”E. along the North-South Centerline of said Section, 400.30
feet to an iron pin monument on the South Line of a Parcel described in Document No. 1690897,
also being at the place of beginning for the land to be herein described; thence S.0°43’12”E.
continuing along said North-South Centerline, 1692.15 feet to an iron pin on the Easterly
3
extension of the North Line of a tract described in Document No. 1401544; thence
N.89°04’46”W. along said North Line and its extension, 2477.53 feet; thence N.6°58’46”E. 2.22
feet; thence N.15°55’12”E. 542.01 feet; thence N.21°33’01”E. 230.09 feet; thence
N.18°14’52”E. 233.64 feet; thence N.47°44’21”E. 625.53 feet; thence N.44°27’40”E. 432.15
feet to said South Line of said Parcel (Document No. 1690897); thence S.88°30’01”E. along said
South Line, 1384.17 feet to the place of beginning. 6-17-214 & 6-17-215
4
MAP 1
5
EXISTING ZONING AND PROPOSED LAND USES
IV.
The City of Janesville is proposing to create created TIF No. 35 to expand an existing
industrial park on the City’s south side. At the time of its creation, TIF District No. 35 contains
contained one, 226 acre parcel of vacant industrial land in agricultural use in an industrially zoned
area on the City's south east side. The parcel is unimproved and has been used for agricultural
crop production for decades. In 2004, the City negotiated to purchase an additional 226 acres of
land located south of STH 11 and west of County Trunk Highway G. Upon annexation, this
land was zoned M-1 Light Industrial.
Since that time, The City went through a lengthy site certification process in 2010 to have
the 226 acre site deemed as a “shovel ready” certified industrial site. TIF No. 22 has seen
tremendous expansion and growth, and is set to be retired within the next 3-5 years. Therefore,
the creation of TIF No. 35 would allow allowed the 226 acre certified site to continue to be
marketed and incentivized with tax increment financing to make the site more appealing for
industrial development and expansion. Amendment No. 1 to TIF 35 will amend the original
boundary to add an additional 84 acres of vacant land adjoining the southwest portion of the
existing TIF boundary.
Since 2009 the City has had an option to purchase an additional 84 acres of land to the
south of the existing TIF 35 to accommodate future industrial development. With the option set
to expire on December 31, 2011, the City executed the option to purchase the additional 84 acres
of land. Upon annexation, this land will be zoned M-1 Light Industrial and included within the
boundaries of TIF No. 35 by approval of Amendment No. 1 to the TIF No. 35 Project Plan.
The City’s long term growth plans in this part of the city calls for continued expansion of
industrial development along CTH G and State Trunk Highway 11. Therefore, TIF No. 35 could
be amended to include additional industrial development sites as they become available and are
annexed into the City of Janesville
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. 35 70% of the land is proposed for industrial uses and 30% is proposed for
6
green space and storm water uses, thus meeting the required standard. All lands within TIF No.
35 zoned for industrial uses will remain zoned for industrial uses for the life of the TIF district. In
addition, the Wisconsin TIF Law prohibits “newly platted residential areas” from being considered
as TIF project costs. No residential development is planned for TIF No. 35.
The TIF District Project Plan proposes to improve these properties with streets and
utilities to create additional industrial sites. The timing of the street and utility improvements 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.
7
MAP 2
8
MAP 3
9
PROPOSED TIF PROJECTS AND IMPROVEMENTS
V.
The public expenditures proposed in TIF No. 35 will be linked to the expansion of the
industry 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. To allow this
expansion to occur, the City will need to extend utilities to the property and construct an
extension of Progress Drive. As the demand for industrial sites increases, the City will construct
new streets and utilities to those sites as necessary to facilitate development and expansion.
Finally, the Project Plan provides funds for marketing the new industrial sites and for providing
incentive financing to companies locating new facilities within the TIF district. The kind, number,
and location of all proposed improvements proposed for TIF No. 35 are shown on Map 4 -
Improvement Plan.
A. Transportation Improvements
Transportation improvements may include the construction of the southerly
extension of Progress Drive South of State Trunk Highway 11 and easterly extensions of a street
network from the newly extended portion of Progress Drive to County Trunk Highway G.
County Trunk Highway G may be widened to a 4-lane cross section as the traffic to TIF No. 35
increases with development. In addition, the TIF Project Plan allows for the construction of
approximately 10,500 feet of new streets to serve the new industrial sites. Map No. 4 shows the
planned location of these road improvements, however, the actual location of the roads may
change depending on the needs of specific development projects.
Wherever new street construction occurs, sidewalks or recreational trails, street trees, and
landscaping may be installed along the new frontage road.
B.Utility Costs
As new streets are constructed to provide access to industrial sites, sewer, water,
gas and electric utilities will be installed within the rights-of-way. In addition, a storm sewer
collection system including underground piping, surface detention ponds and safety fencing may
be installed. These utility improvements will be phased along with the street construction to meet
the needs of specific development projects. The utility costs will be included as TIF expenditures.
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C. Street Lighting and Landscaping
As new streets are developed within TIF No. 35, street lights and street trees may
be installed. In addition, a landscaping buffer between the industrial uses and the open
space/residential uses to the west is planned as a TIF cost.
D. Marketing and Incentive Financing
In order to attract new development to the TIF No. 35 industrial park, 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. 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. 35.
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 relocation, worker
training, 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
industrial expansion projects throughout the TIF District.
Additionally, changes to State Law also allow the expenditure of TIF funds within ½ mile
of an existing TIF boundary. While much of the land within ½ mile of TIF No. 35 is currently
located outside the City of Janesville corporate limits, the City does have a boundary agreement
with the Town of Rock, and land surrounding the airport will be annexed to the City of Janesville
as development occurs. Where industrial development projects occur on land annexed to the
City within this ½ mile boundary, funding from TIF No. 35 may be used to support the
development project. If the development project is contiguous to TIF No. 35, the City may
propose a boundary amendment to the TIF No. 35 Project Plan. The development projects
located within ½ mile of proposed TIF No. 35 may need project financing and/or development
incentives to maintain employment levels or to undertake future expansion projects.
E. Administrative Costs
The TIF No. 35 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
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the TIF District. Direct legal and planning costs will be charged as administrative costs.
The cost of the three TIF audits required under Wisconsin Statutes ss 66.1105 will
be included as TIF project costs. In addition, administrative costs will include any TIF Plan
review fees charged by the Department of Revenue.
F. Land Acquisition
In order to create a new industrial park, the City has acquired a 226 acre parcel on
the west side of County Trunk Highway G and south of State Trunk Highway 11 and an
additional 84 acres to the south of the existing TIF 35 boundary along the east side of State
Highway 51. This Project Plan does not provide for any future land acquisitions. However, in the
event of future land acquisitions, payments to neighboring townships to compensate them for lost
tax revenues where TIF districts include newly annexed property will also be considered a TIF
land acquisition expense. Land acquisition, surveying, soil testing, environmental engineering,
and title policy expenses may be considered TIF project costs. Additionally, any relocation
expenses incurred by future land acquisitions including crop damages would be considered a TIF
land acquisition expense. Payment of any land conversion penalty under the provisions of
Wisconsin Statutes section 74.485 would also be considered a land acquisition cost.
DETAILED LIST OF ESTIMATED PROJECT COSTS
VI.
In order to determine the economic feasibility of the proposed TIF District No. 35, 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 2011 construction costs, TIF No.
35 improvement costs are estimated as follows:
A. Transportation Improvements $4,155,500
B. Water and Sanitary Sewer Costs $2,823,200
B. Stormwater Improvements $2,011,300 $2,589,300
C. Project Incentive Financing $4,950,000 $6,450,000
D/E. Marketing & Administration $61,500
F. Land Acquisition $1,554,000
Total Cost of Improvements $14,001,500 $17,633,500
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The estimated cost of TIF expenditures is $14,001,500 $17,633,500. Under the revised
TIF law, project costs may be incurred over the first fifteen (15) years of the TIF district, while
TIF revenues will be collected over a maximum of twenty (20) years. The City will have to
finance any negative TIF fund balance through interfund borrowing. Based on conservative
projections, including the debt service and interfund borrowing costs of $5,445,818 $7,174,522
.
the total estimated TIF No. 35 project costs to $19,447,318 $24,808,052
All project costs and interfund borrowing estimates are based on the most current cost
data available in July, 2011 and may be adjusted within the total amount shown without
modification or amendment of this TIF No. 35 Project Plan.
Under the changes to the TIF law enacted in 2004, all of the TIF No. 35 project costs
except debt service and interfund borrowing will be incurred during the first fifteen (15) years of
the TIF District. Table No. 1 shows the schedule and timing of the proposed expenditures. The
actual timing of expenditures will be contingent on the commitments from industries locating
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. This Project Plan includes funds to
market the vacant industrial land within the TIF District for industrial and development.
Table No. 1
Tax Increment District No. 35
Summary of TIF Costs By Year
Year Type of Cost Cost
2011 Marketing and Administration, Engineering Services $362,500
2012 Land, Streets, Utilities, Incentives, and Admin $6,533,250 $8,322,250
Incentives, Streets, Utilities, Marketing
2013 $5,328,750 $7,171,750
2014 Incentives, Marketing and Administration $508,750
2015 Incentives, Marketing and Administration $507,250
2016 Incentives, Marketing and Administration $503,750
2017 Incentives, Marketing and Administration $251,875
2018 Administration $5,375
Total Cost of Improvements $17,633,50
$14,001,500 0
Debt Service and Interfund Borrowing
$5,445,818 $7,174,522
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Total Estimated TIF No. 35 Costs $24,808,05
$19,447,318 2
--------------------------------------------------------------------------------------------------------
Prepared By: City Manager’s Office and Accounting
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MAP 4
15
MAP 5
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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 as revised by the Legislature, allows the City fifteen (15)
years in which to make the improvements needed to stimulate and support development. The
property tax increments generated by the new development are retained by the City until all TIF
costs are paid. In no case shall the TIF district have a life longer than twenty (20) years.
The City of Janesville's Tax Increment District No. 35 will be was created by
Council action in July, 2011. The original TIF No. 35 Project Plan will be amended by the City
Council in January, 2012 to revise the budget and to amend the boundary to include an additional
84 acre parcel of land. Therefore, all TIF project improvements must be completed by
September, 2026. The taxes on any increased property value in the district between 2013 and
2031 will be retained by the City to repay the TIF project costs. TIF No. 35 will be dissolved
when all TIF project costs are repaid, or in July 2031, 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 (20) 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. 35. All TIF costs related to industrial expansion
projects are incurred according to the schedule shown in Table No. 1. TIF property value
increases for are shown for the installation of streets and utilities, as well as potential new land
acquisitions for future industrial projects to be developed.
Where possible, the construction of new streets and utilities will be phased and
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linked to known development projects. The City will enter into binding contracts with the
industries locating within TIF No. 35 that will guarantee the minimum amount of investment
needed to fully amortize all TIF costs associated with each project within 8 to 10 years. The
overall TIF District should be able to recover all costs by the year 2030.
The equalized value property tax mill rate levy is projected to increase 0% per
year. This assumption is also conservative. In recent years, the equalized value property tax mill
rate in Janesville increased slightly. Based on these assumptions, the $51,500,000 $62,000,000 in
new property value generated between 2013 and 2019 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.
TIF project costs of $14,001,500 $17,633,500 plus financing costs of $5,445,818
$7,174,552 equate to a total TIF Cost investment of $19,447,318 $24,808,052. 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 a total of
$51,500,000 $62,000,000 of new property value is created as projected, the TIF district will
generate a total of $30,423,005 $29,467,978 in property tax increments over the 20 year life of
the district. Since property tax increments are projected to exceed TIF costs including debt
service by $390,294 in 2030 $246,255 in 2029 TIF No. 35 is found to be economically feasible.
Projected TIF revenues will cover TIF costs within 19 18 years and the City projects that TIF No.
35 will be dissolved by 2031.
Since there is no guarantee that new development projects will be found to
construct new property value within TIF No. 35, the City will only implement additional street
and utility construction project when they are needed to prepare new industrial sites for specific
projects. The TIF plan includes $4,155,500 in transportation improvements including
improvements to CTH G and HWY 51 as well as street extensions through the industrial site.
Additional, the Project Plan includes $$2,823,200 in utility improvements including extensions of
water mains and sanitary sewer to serve the site, as well as $2,011,300 $2,589,300 in stormwater
improvements.
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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, so an interfund borrowing cost is charged to the
TIF account.
State law also provides for municipal borrowing. Community borrowing is divided
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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 an 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.
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. 35 may be substantially
different that those shown in the project plan.
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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 (20) year life of the TIF district. The
development of TIF No. 35 will facilitate an industrial expansion, increase property values, and
create new jobs in the City of Janesville. These jobs will help diversify the local economy and the
increased manufacturing and warehousing/distribution payrolls will have a positive multiplier
effect in the trade and service sectors.
PROPOSED CHANGES IN ORDINANCES, CODES, & PLANS
VIII.
The proposed TIF No. 35 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. All of the properties within TIF No. 35 have been found to be suitable for
industrial development in accordance with Wisconsin's Promotion of Industry Statute ss 66.1101,
and will remained zoned for industrial purposes for the life of the TIF district. All development in
TIF No. 35 will have to conform with the State Building Codes and will be subject to the City's
permitting and inspection procedures. The TIF No. 35 project plan conforms with all relevant
State and local ordinances, plans, and codes, thus, no changes to the existing regulations are
proposed or needed.
The City has requested that the Wisconsin Department of Commerce amend the Janesville
Community Development Zone boundary to include the land within TIF No. 35. This allows
companies that locate within the amended TIF No. 35 boundary to apply for State of Wisconsin
income tax credits under the Development Zone Program.
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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.
Where an improvement can serve an area larger than the TIF district, the cost of the improvement
will be prorated so that only the proportion of the costs to serve TIF No. 35 will be included as a
project cost. That portion of the total costs which serves areas outside the TIF district will be
considered 'non-project' costs and charged to funding sources other than TIF No. 35.
METHODS FOR RELOCATION OF DISPLACED PERSONS
X.
The TIF No. 35 Project Plan does plan land acquisition, thus, 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.
PROMOTION OF THE ORDERLY DEVELOPMENT OF THE CITY
XI.
The creation of TIF No. 35 and the implementation of the projects in the TIF Project Plan
will promote the orderly development of the City of Janesville by encouraging that new industrial
development occurs in areas of the City planned for industrial growth. By creating well designed
and strategically located industrial parks, land use conflicts and infrastructure deficiencies can be
avoided. 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. 35
continues the industrial development on the City’s southeast side that began with the creation of
TIF No. 5 in 1988 and TIF No. 16 in 1996 and TIF No. 22 in 1999. TIF No. 35 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.
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Resolution No. 2012-875
RESOLUTION APPROVING AMENDMENT NO. 1 TO THE PROJECT PLAN FOR
TAX INCREMENT FINANCE DISTRICT NO. 35
WITHIN THE CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN
WHEREAS, the Common Council of the City of Janesville adopted Resolution No.
2011-816 on August 22, 2011, creating the City of Janesville Tax Increment Finance
District No. 35 in accordance with the provisions of Wisconsin Statutes Section
66.1105; and
WHEREAS, the City of Janesville Administration is now proposing Amendment No. 1 to
the Project Plan for TIF No. 35 revising the project budget and amending the TIF No.
35 boundary to include an additional 84 acres of industrial land; and
WHEREAS, the Janesville Plan Commission has held a public hearing on proposed
Amendment No. 1 to the Project Plan of Tax Increment District No. 35 and the
proposed new boundaries of the Amended TIF district on the 6 day of February, 2012,
and found both proposed amendments to be acceptable and consistent with the long
range plans of the City and its best interests; and
WHEREAS, the Chief Executive Office of the Janesville School District, Rock County
Board, Blackhawk Technical College, and other entities having the power to levy taxes
upon the property located within the proposed Tax Increment District No. 35 have been
notified of the proposed Amendment to the Project Plan for TIF No. 35, pursuant to
Section 66.1105 (4)(a) and (e), Wisconsin State Statutes; and
WHEREAS, Tax Increment Finance District No. 35, as amended, is declared to be an
“industrial TIF district”, where more than 51% of the land is currently zoned M-1
Industrial 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 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 was created, and the improvement
of the proposed additional areas for industrial projects will significantly enhance the
value of all property within the City of Janesville; and
WHEREAS, the equalized value of taxable property within the amended boundaries of
TIF No. 35 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. 35 is
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economically feasible and in conformity and has been found to be in accordance with
the City’s
Resolution No. 2012-875
TIF 35 Amendment No. 1
Page 2
General Development Plans, Zoning Ordinance, and other relevant policies; and that
implementation of the improvements as set forth in the Amended TIF No. 35 Project
Plan is in the best interest of the City of Janesville and for the benefit of its residents
and taxpayers.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Janesville that they hereby approve Amendment No. 1 to the Project Plan for City of
Janesville Tax Increment Finance District No. 35, and refer Amendment No. 1 to a Joint
Review Board for review and approval according to Wisconsin Statutes.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Dongarra-Adams
Liebert
Eric J. Levitt, City Manager
McDonald
Rashkin
ATTEST:
Steeber
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: City Manager
Prepared by: Community Development
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CITY ATTORNEY’S OFFICE MEMORANDUM
January 4, 2012
MEMORANDUM
TO: Vic Grassman, Economic Development Director
FROM: Wald Klimczyk, City Attorney
RE: Legal Opinion – Amendment No. 1 to T.I.F. No. 35 Project
Plan
Sec. 66.1105(4)(f), Wis. Stats., of the Tax Increment
Financing Law mandates that the project plan for a proposed 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. 1 to the Tax
Incremental Finance District No. 35 Project Plan” dated February
13, 2012, 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(2)(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;
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;
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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. 1 to Tax Incremental
Finance District No. 35 Project Plan” dated February 13, 2012, for
Tax Increment Finance (T.I.F.) District Number 35, prepared by the
City of Janesville Economic Development Agency, Finance Division,
and City Manager’s Office. 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:\Attorney\Word\Shared\TIF 35 Amend 1 Legal Opinion.docx
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