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0385 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; ORDINANCE NO. 728 1 ORDINCDA.163 2191if27 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; ORDINANCE NO. 728 2 ORDINCDA.163 1"; - '219lif27 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; ORDINANCE NO. 728 3 ORDINCDA.163 (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. ORDINANCE NO. 728 4 ORDINCDA.163 2 1i f,2 7 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. ORDINANCE NO. 728 5 ORDINCDA.163 2 9 1t2i 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) ORDINANCE NO. 728 6 ORDINCDA.163 24911b27 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 ORDINANCE NO. 728 7 ORDINCDA.163