HomeMy WebLinkAbout0385 Downtown Urban Renewal Plan 1992ORDINANCE NO. 385
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHUBBUCK, IDAHO
APPROVING THE DOWNTOWN URBAN RENEWAL PLAN WHICH PLAN INCLUDES REVENUE
ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT
A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY AND
STATE OFFICIALS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Chubbuck Development Authority (hereinafter "Authority")
has embarked on an Urban Renewal Project to redevelop a portion of the City
of Chubbuck pursuant to the Idaho Urban Renewal Act of 1965, as amended,
Chapter 20, Title 50, Idaho Code (the "Urban Renewal Act"), and the Local
Economic Development Act, Chapter 29, Title 50, Idaho Code (the "Economic
Development Act");
WHEREAS, by Resolution 4-92 dated April 11, 1992, the City of Chubbuck
created an urban renewal agency, pursuant to Chapter 20, Title 50, Idaho
Code;
WHEREAS, on May 26, 1992, the City of Chubbuck, through its Mayor and
City Council, appointed Commissioners of the Authority;
WHEREAS, by Resolution 7-92 dated July 14, 1992, a copy of which is
attached hereto as Exhibit "A" and incorporated herein by reference, the City
of Chubbuck, through its Mayor and City Council, determined the Downtown area
to be a deteriorated and deteriorating area as defined by Idaho Code,
Sections 50-2018(h) and (i) and 50-2903 (6) (b);
WHEREAS, on September 8, 1992, the Authority passed by voice vote
proposing the Downtown Urban Renewal Plan, a copy of which is attached hereto
as Exhibit "B" (hereinafter "Plan");
WHEREAS, the Authority has by letter of transmittal dated September 22,
1992, submitted the Plan to the Mayor and City Council of Chubbuck;
WHEREAS, the City has forwarded the proposal Plan to the Chubbuck
Planning and Land Use Commission for its review and recommendation as to the
Plan's conformity with the Chubbuck Comprehensive Plan;
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WHEREAS, at a meetingrreld September 10, 1992, the""Chubbuck Planning and
Land Use Commission considered the Plan and found by Resolution that the Plan
is in all respects in conformity with the Comprehensive Plan, a copy of the
Resolution is attached hereto as Exhibit "C";
WHEREAS, notice of the public hearing of the Plan was caused to be
published by the City Clerk in the Idaho State Journal on October 27, 1992,
a copy of said Notice is attached hereto as Exhibit "D";
WHEREAS, the Legislature of the State of Idaho has enacted the Economic
Development Act authorizing certain urban renewal agencies (including the
Authority) to adopt revenue allocation financing provisions as part of their
urban renewal plans;
WHEREAS, the Plan presented by the Authority contains a revenue
allocation financing provision;
WHEREAS, as required by Idaho Code, Sections 50-2905 and 50-2906, the
Plan contains the following information which was made available to the
general public and all taxing districts at least thirty (30) days prior to
the October 27, 1992, special meeting of the City Council: (1) the kind,
number and location of all proposed public works or improvements within the
revenue allocation area; (2) an economic feasibility study; (3) a detailed
list of estimated project costs; (4) a fiscal impact statement showing the
impact of the revenue allocation area, both until and after the bonds are
repaid, upon all taxing districts levying taxes upon property on the revenue
allocation area; and (5) a description of the methods of financing all
estimated project costs and the time when related costs or monetary
obligations are to be incurred.;
WHEREAS, the Authority has authorized certain projects to be financed by
revenue allocation bonds and proceeds from revenue allocation;
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WHEREAS, appropriate Ylotice of the Plan and tie revenue allocation
provision contained therein has been given to the taxing districts and to the
public as required by Idaho Code, Section 50-2906; and
WHEREAS, it is necessary and in the best interest of the citizens of the
City of Chubbuck, Idaho, to adopt the Plan, including revenue allocating
financing provisions since revenue allocation will help finance urban renewal
projects to be completed in accordance with the Plan (as now or hereafter
amended), in order: to encourage private development in the urban renewal
area; to prevent and arrest decay of the Chubbuck area due to the inability
of existing financing methods to provide needed public improvements; to
encourage private investment within the City of Chubbuck and to further
public purposes of the Authority,
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF CHUBBUCK, IDAHO, AS FOLLOWS:
Section 1: It is hereby found and determined that:
(a) The Project area as defined in the Plan is a deteriorated or a
deteriorating area as defined in the Urban Renewal Act and the Economic
Development Act and qualifies as an eligible urban renewal area under the
Urban Renewal Act;
(b) The rehabilitation, conservation, and redevelopment of the urban
renewal area pursuant to the Plan is necessary in the interest of the public
health, safety, and welfare of the residents of the City of Chubbuck;
(c) There continues to be a need for the Authority to function in the
City of Chubbuck;
(d) The Plan conforms to the Comprehensive Plan of the City of
Chubbuck;
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(e) The Plan give dui' consideration to the healt� safety, and welfare
of any residents or businesses in the general vicinity of the urban renewal
area covered by the Plan;
(f) The Plan affords maximum opportunity consistent with the sound
needs of the City as a whole for the rehabilitation or redevelopment of the
urban renewal area by private enterprises; and
(g) The redevelopment of the Project Area for predominately
nonresidential uses is necessary for the proper development of the community
in accordance with sound planning standards and local community objectives.
(h) The Plan does not provide for acquisition of real property by the
Authority which would displace families residing within the Urban Renewal
Area. By passage of this ordinance, the Authority will comply with the
following statement of policy:
"The Authority will not participate in any activity which will result in
displacement of families unless a feasible method exists for the
relocation of displaced families in decent, safe and sanitary dwelling
accommodations within their means and without undue hardship to such
families."
Section 2: Based upon the foregoing, the Plan, a copy of which is
attached hereto as part of Exhibit "B", is hereby approved.
Section 3: No direct or collateral action attacking the Plan shall
be brought prior to the effective date of this Ordinance or after the lapse
of thirty (30) days from and after the effective date of the Ordinance
adopting the Plan.
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Section 4: Upon t-76 effective date of this Ordnance, the City Clerk
is authorized and directed to transmit to the county auditor and tax assessor
of Bannock County, and to the appropriate officials of School District No.
25, Bannock County Road and Bridge Department, Portneuf District Library,
Pocatello/Bannock County Fire District, and City of Chubbuck, and to the
State Tax Commission a copy of this Ordinance, a copy of the legal
description of the boundaries of the revenue allocation area, and a map of
plat indicating the boundaries of the revenue allocation area.
Section 5: The City Council finds and declares that the equalized
assessed valuation of the revenue allocation area as defined in the Plan and
included as a portion of the Urban Renewal Area (also defined as the Project
Area in the Plan) is likely to increase as a result of the initiation and
completion of urban renewal projects pursuant to the Plan.
Section 6: The City Council hereby approves and adopts the following
statement of policy relating to the appointment of City Council members as
members of the Authority's Board of Commissioners: If any City Council
members are appointed to the board, they are not acting in an ex -officio
capacity but rather as private citizens who, although they are also members
of the City Council, are exercising their independent judgment as private
citizens when they sit on the Board. Except for the powers to appoint and
terminate Board members and to adopt the Plan, the City Council recognizes
that it has no power to control the powers or operations of the Authority.
Section 7: So long as any Authority bonds are outstanding, the City
Council shall not exercise its power under Idaho Code, Section 50-2006 to
designate itself as the Authority Board.
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A/U Section 8: This ordinance shall be in full force and effect from and
after its passage, execution, and publication in the manner required by law
and shall be retroactive to January 1, 1992, to the extent permitted by the
Economic Development Act.
Section 9: The provisions of this Ordinance are severable and if any
provision of this Ordinance or the application of such provision to any
person or circumstance is declared invalid for any reason, such declaration
shall not affect the validity of the remaining portions of this Ordinance.
Section 10: The rule requiring an ordinance to be read on three
seperate days, one of which shall be a reading in full, is hereby dispensed
with, and this Ordinance shall become effective upon its passage, approval
and publication as provided by law.
APPROVED by the Mayor of the City of Chubbuck, Idaho, this 27th day of
October , 1992.
4John. Cotant, alir., Mayor
ATTEST:
� � I bj'v�
Ron Conlin, City Clerk
(SEAL)
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STATE OF IDAHO )
ss.
County of Bannock )
I, Ron Conlin, City Clerk of the City of Chubbuck, Idaho, do hereby
certify: That the above and foregoing is a full, true and correct copy of
the Ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHUBBUCK, IDAHO,
APPROVING THE DOWNTOWN URBAN RENEWAL PLAN WHICH PLAN INCLUDES REVENUE
ALLOCATION FINANCING PROVISIONS;AUTHORIZING THE CITY CLERK TO TRANSMIT
A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY AND
STATE OFFICIALS; AND PROVIDING AN EFFECTIVE DATE.
Passes by the City Council and approved by the Mayor this 27th day of
October , 1992. (1
(SEAL) City Clerk
2 1 ° i 1 h 2 1 2919 AUS -8 A11:40
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