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0758 First Amendment to The Urban Renewal Plan+C wl i j:ti v s. i $f-6 CITY OF CHUBBUCK V� CITY OF CHUBPgCi�,0149 Ll 2M 4 ORDINANCE NO. 14 D AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHUBBUCK, IDAHO, APPROVING THE FIRST AMENDMENT TO THE URBAN RENEWAL PLAN CHUBBUCK DOWNTOWN IMPROVEMENT PROJECT, WHICH FIRST AMENDMENT SEEKS TO DEANNEX CERTAIN PARCELS FROM THE EXISTING 1992 PROJECT AREA; WHICH FIRST AMENDMENT AMENDS A PLAN THAT 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 OTHER TAXING ENTITIES; APPROVING THE SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: WHEREAS, on or about April 11, 1992, by Resolution No. 4-92 the Chubbuck City Council ("City Council") and Mayor of the city of Chubbuck, Idaho ("City") created an urban renewal agency, the Chubbuck Urban Renewal Agency d/b/a Chubbuck Development Authority ( "Agency"), authorizing it to transact business and exercise the powers granted by the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law"), and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act"), upon making the findings of necessity required for creating said Agency; WHEREAS, the City Council, after notice duly published, conducted a public hearing on October 27, 1992, on the Urban Renewal Plan Chubbuck Downtown Improvement Project (the "Plan") to redevelop a portion of the City, pursuant to the Law and the Act; WHEREAS, the City Council, in response to the public hearing on October 27, 1992, by Resolution No. 11-92, amended City Council Resolution Nos. 4-92 and 7-92, to reduce the geographic boundaries of the revenue allocation area, which resulted in removal of the northern parcels from the proposed revenue allocation area; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 385 on October 27, 1992, approving the Plan and making certain findings; WHEREAS, the revenue allocation area boundaries were further administratively adjusted at the request of the Bannock County Assessor's Office by City Council Resolution No. 1-93, dated January 19, 1993, to avoid splitting parcels, which is the map and legal description of record with the State Tax Commission for the Plan; ORDINANCE - 21900861 WHEREAS, on or about November 23, 1998, the Agency, City, and the Bannock County Board of County Commissioners ("BOCC") and the Bannock County Assessor ("Assessor") (collectively the BOCC and Assessor may be referred to as `Bannock County") entered into the Intergovermnental Agreement with Respect to the Chubbuck Development Authority and its Urban Renewal Plan (the "IGA"), to address concerns generally related to the geographic size and value of the 1992 Plan revenue allocation area; WHEREAS, the parties to the IGA agreed to an informal partial deannexation from the 1992 Plan revenue allocation area by specifically listing the parcel numbers of the properties to remain within the revenue allocation area; all other parcels not listed were to be disregarded for purposes of calculating tax increment (revenue allocation). The Assessor continues to track the parcels included in the 1992 Plan revenue allocation area consistent with the terms of the IGA; WHEREAS, the boundary map and legal description of record with the State Tax Commission ("STC") were not updated to reflect the agreed upon changes in the IGA; WHEREAS, based on inquiries and information presented, it became apparent that certain property within the City may be deteriorating or deteriorated and should be examined as to whether such area is eligible for urban renewal planning purposes; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the first Pine Ridge Mall Urban Renewal Plan (the "2015 Plan") to redevelop a portion of the City, pursuant to the Law and the Act; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 749 on October 21, 2015, approving the 2015 Plan and making certain findings; WHEREAS, the STC rejected the map and legal description for the 2015 Plan on the grounds and for the reasons that the properties to be included in the 2015 revenue allocation area were already included within the existing 1992 Plan revenue allocation area based on the map and legal description of record. As a result, the 2015 Plan was never made effective; WHEREAS, the Assessor confirmed that only two parcels included within the proposed 2015 Plan revenue allocation area were parcels specifically listed in the IGA, commonly referred to as the "Old CarMike" parcels; therefore, the Agency only currently receives increment revenue from the "Old CarMike" parcels; WHEREAS, based on extensive communications with representatives from the STC, Bannock County, the City, the Agency, and others, the parties agreed to resolve the issue by amending the 1992 Plan to deannex the entire geographic area of the proposed 2016 Pine Ridge Mall revenue allocation area from the existing 1992 Plan revenue allocation area including the Old CarMike referenced above; ORDINANCE `79'� -2 2190686 WHEREAS, the plan amendment to deannex the necessary parcels and the proposed new plan for a new revenue allocation area are proceeding through the plan adoption process concurrently; WHEREAS, the Agency seeks to amend the Plan to dearinex certain parcels from the existing Project Area, as described in the First Amendment defined below; WHEREAS, the Agency reviewed the financial impact of the deannexation on its allocation of revenue and has concluded the remaining allocation of revenue is sufficient to pay its operations, obligations, and to continue to implement the terms of the Plan; WHEREAS, the Agency has prepared the First Amendment to the Plan (the "First Amendment"), as set forth in Exhibit 1 attached hereto, identifying the boundary of the parcels to be deannexed from the existing Project Area; WHEREAS, the First Amendment amends the Plan, which contains provisions of revenue allocation financing as allowed by the Act; WHEREAS, on June 29, 2016, the Agency Board passed Resolution No. 16-02 proposing and recormnending the approval of the First Amendment; WHEREAS, the Agency submitted the First Amendment to the Mayor and City; WHEREAS, the Mayor and City Clerk have taken the necessary action to process the First Amendment; WHEREAS, notice of the public hearing of the First Amendment was published in the Idaho State Journal on July 1 and S, 2016, a copy of said notice being attached hereto as Exhibit 2; WHEREAS, as required by Idaho Code § 50-2906, the First Amendment was made available to the general public and submitted to the affected taxing districts at least thirty (30) days prior to the August 3, 2016, regular meeting of the City Council; WHEREAS, appropriate notice of the First Amendment and the impact on the revenue allocation provision contained therein has been given to the taxing districts and to the public as required by Idaho Code §§ 50-2008 and 50-2906; WHEREAS, at a meeting held July 12, 2016, the Chubbuck Land Use and Development Cotmnission considered the First Amendment and found that the First Amendment is in all respects in conformity with the Comprehensive Plan. A copy of the Resolution of the Chubbuck Land Use and Development Commission Relating to the First Amendment to the Urban Renewal Plan Chubbuck Downtown Improvement Project for the Chubbuck Development Authority is attached hereto as Exhibit 3; ORDINANCE 7 � -3 219068011 1� WHEREAS, the City Council during its regular meeting on August 3, 2016, held the public hearing; WHEREAS, it is necessary, and in the best interests of the citizens of the City to adopt the First Amendment; WHEREAS, the City at its regular meeting held on August 3, 2016, held a public hearing and considered the First Amendment, as proposed, and made certain comprehensive findings; WHEREAS, the First Amendment amends a pre -July 1, 2016, urban renewal plan containing a revenue allocation financing provision, and therefore, pursuant to Idaho Code § 50- 2903(4), there is no reset of the base assessment roll to the current values for the existing remaining Project Area; WHEREAS, the City Council finds that the equalized assessed valuation of the taxable property in the Project Area is likely to increase, and continue to increase, as a result of initiation and continuation of urban renewal projects in accordance with the Plan; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK: SECTION 1: The First Amendment, attached hereto as Exhibit 1 and made a part hereof, is hereby approved. As directed by the City Council, the City Clerk and/or the Agency may make certain technical corrections or revisions in keeping with the information and testimony presented at the August 3, 2016, hearing, and incorporate changes or modifications, if any. SECTION 2: No direct or collateral action challenging the First Amendment shall be brought prior to the effective date of this Ordinance or after the elapse of thirty (30) days from and after the effective date of this Ordinance adopting the First Amendment, SECTION 3: Upon the effective date of this Ordinance, 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 25, Portneuf Free Library, Bannock County Road & Bridge, Bannock County Ambulance, Mosquito Abatement, and the State Tax Commission a copy of this Ordinance, a copy of legal description of the boundary of the deannexed area, and a map or plat indicating the boundaries of the parcels to be deannexed from the existing Project Area. SECTION 4: This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2016, to the extent pennitted by the Law and the Act, with the existing remaining Project Area maintaining its base assessment roll as of January 1, 1992. ORDINANCE _75 � -4 2.90686,4 SECTION 5: The City Council hereby finds and declares the equalized assessed valuation of the Revenue Allocation Area, as defined in the IGA, is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Plan. SECTION 6: 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 remaining portions of this Ordinance. SECTION 7: At least one-half plus one of the City Council members finding good cause, the City Council hereby dispenses with the rule that this Ordinance be read on three different days, two readings of which shall be in full, and have hereby adopted this Ordinance, having considered it at one reading. SECTION S: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 4, is hereby approved. SECTION 9: All ordinances, resolutions, orders, or parts thereof in conflict herewith are hereby repealed, rescinded, and annulled. SECTION 10: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. PASSED by the City Council of the City of Chubbuck, Idaho, on this 7th day of August, 2016. 1 APPROVED by the Mayor of the City of Chubbuck, Idaho, on this y— day of August, 2016. ATTEST: Richard Morgan, Cid Clerk 4, A - (f�VITJ Ke in B. England, ty6R First Reading: C)/ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902. Yes V No Second Reading: Third Reading: Iu A ORDINANCE 751 - 21906811 6A STATE OF IDAHO ) ss: County of Bannock } On this day of August, 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared KEVIN ENGLAND and RICHARD MORGAN, known to me to be the Mayor and City Clerk, respectively of the City of Chubbuck, Idaho, and who executed the within instrument, and acknowledged to me that the City of Chubbuck executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 7 . M VX SEAL Gam• r'01 Any ac=+ , �U13 O �,����,`q p� IOF1` Q,,`1/11/J111111`O\ ORDINANCE -6 Notary Public for Idaho My Commission Expires: h 5- C Exhibit I FIRST AMENDMENT TO THE URBAN RENEWAL PLAN. CHUBBUCK DOWNTOWN IMPROVEMENT PROJECT 21.90086 jL FIRST AMENDMENT TO THE URBAN RENEWAL PLAN CHUBBUCK DOWNTOWN IMPROVEMENT PROJECT FOR THE CHUBBUCK DEVELOPMENT AUTHORITY (CDA) CITY OF CHUBBUCK, IDAHO Ordinance No. 385 Adopted October 27, 1992 Effective November 8, 1992 First Amendment to the Plan Ordinance No. 79-!� Adopted August 3, 2016 Effective August !' , 2016 FIRST AM NDNIENT TO THC URBAN RENEWAL PLAN- 1 219®686 219068Gil BACKGROUND This First Amendnlcni ("First Amendment") to the Urban Renewal flan Chubbuck Downtown Improvement Project (`-Plan") deannexes certain parcels from the plan area/revenue allocation area created by the Plan, commonly referred to as the "1992 Project Area," adopted by Chubbuck City Council Ordinance No. 385, on October 27, 1992. At the time the Pian was adopted, and in response to the public hearing. the Chubbuck City Council ('`City Council"), by Resolution No. 11-92, passed and approved on October 27, 1992, amended Cita Council Resolution No. 4-92 and 7-92. to reduce the geographic boundaries of the revenue allocation area. This boundary change was significant and resulted in removal of the northern parcels from the proposed revenue allocation area. The revenge allocation area boundaries were further administratively adjusted at the request of the Bannock County Assessor's Office by City Council Resolution No. 1-93, passed and approved on January 19, 1993, to avoid splitting parcels. The Idaho State Tax Commission ("STC") accepted the map and legal description and the Chubbuck Urban Renewal Agency d/b/a Chubbuck Development Authority ("CDA") proceeded to implement the Plan, with a revenue allocation base year of 1992, On or about ]november 23, 1998, the CDA, the City and the Bannock County Board of County Commissioners (`BOCC") and the Bannock County Assessor ("Assessor") (collectively, the 130CC and Assessor may be referred to as "Bannock County") entered into the Intergovernmental Agreement With Respect to the Chubbuck Development Authority and its Urban Renewal Plan (the "IGA"), to address concerns generally related to the geographic sire and value of the 1992 Project Area. The parties to the IGA agreed to an informal partial deannexation from the 1992 Project Area by specifically listing the parcel numbers of the properties to remain within the revenue allocation area; all other parcels not listed were to be disregarded for purposes of calculating tax increment (revenue allocation). The Assessor continues to track the parcels included in the 1992 revenue allocation area consistent with the terms of the IGA. The boundary map and legal description of record with the. STC were not updated to reflect the agreed upon changes in the [GA. In 2015, the City Council, after a properly noticed public hearing, passed Ordinance No. 749, dated October 21.2015, adopting the Pine Ridge Mall Urban Renewal Area and Improvement Plan, which included a revenue allocation financing provision, The STC ultimately advised the GDA that the proposed geographic boundaries of the 2015 revenue allocation area were already included within the existing 1992 revenue allocation area based on the map and legal description of record, and rejected the Wrap and legal description for the Pine Ridge Mall revenue allocation area. The Assessor also confirmed that two parcels (which have since been subdivided into five parcels and may be referred to as the "Old CarMike Parcels") included within the Pine Ridge Mall revenge allocation area were parcels specifically listed in the IGA, and the CDA is currently receiving revenue from the increment. Based on follow up communications with representatives from Bannock County, the STC. the City, the CDA. and others, the CDA and City are seeking to amend the Plan to deannex the entire geographic area of the Pine Ridge Mall revenue allocation area horn the c;xisting 199? FIRST AMENDMENT TO THE URBAN RENEWAL PLAN- 2 2190680 Project Area, The CDA and City will then proceed with adopting the fine Ridge Mali Plan. Time is of the essence as there is a proposed development to occur within the boundaries of the Pine Ridge Mall revenue allocation arca. T11C proposed development will not occur but for the urban renc,.val investment. In order to be financially feasible the base year for the Pine Ridge Mail revenue allocation area must be 2016. As a result of the deannexation, in 2016 through the remaining years of the Plan, the CDA will cease receiving an allocation of revenues from the deannexed parcels, which in this case is limited to the Old CarMike Parcels as there is no increment accruing on the other "deartnexed" parcels by virtue of the 1998 ]GA. The increment value of the Old CarMike Parcels shall be included in the net taxable value of the taxing district when calculating the subsequent property tax levies pursuant to section 63-803, Idaho Code. The increment value shall also be included in subsequent notification of taxable value for each taxing district pursuant to section 63-1312, Idaho Code, and subsequent certification of actual and adjusted market values for each school district pursuant to section 63-315, Idaho Code. The Bannock County Assessor's Office maintains the value information, including the increment value, if any, included on the new construction roil for new construction associated with the deannexcd Old CarMike Parcels. The amount added to the new construction roll will equal the amount by which the December 3 1. 2015, increment value exceeds the incremental value as of December 31, 2006. I -louse Sill 606, effcctivc July 1, 2015, amended the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law") and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act") confirming that a plan amendment to the flan does not result in a reset of the base assessment roll values: "[fjor plans adopted or modified prior to July 1, 2016, and for subsequent modifications of those urban renewal plans, the value of the base assessment roll of property vvithin the revenue allocation area shall be determined as if the modification had not occurred." Idaho Code § 50-2903(4). Further a plan arnendment to accommodate a deannexation in the revenue allocation boundary is also an identified exception to the base reset requirement. Idaho Code § 50-2903A(1)(a)(iii). AMENDMENTS TO THE PLAN 1. Definitions. Capitalized terms not otherwise defined herein shall have the respective meanings ascribed to such ternis in the Plan. 2. The follolving. defined terns are amended throughout tate Plan as follows: (a) Delete "Plan" and replace with "Amended Plan" except where specifically referenced in this First Amendment. (b) Delete "Project Area" and replace with "Amended Protect Area" except where specifically referenced in this First Amendment. FIRST AIvIL•NDML-NT TO THE URBAN REi*iEWAL PLAN- 1 2190686/ (c) Delete references to Attachment F entitled `Description of Urban Renewal Arca' and replace with Attachment F entitled -I)Qscriptlon of the Amended Project Area and Amended Revenue Allocation Area Boundaries." (d) Delete references to Attachment G entitled "Description of Revenue Allocation Area Boundaries" and replace with Attachment G entitled "Amended Project Area -Amended Revenue Allocation Area Boundary Map." .3. Amendment to Section 100 of the Plan. (a) Section 100 entitled "INTRODUCTION" is amended by adding a new paragraph to the end of the Section as follows: This First Amendment to the flan (the "First Amendment") deannexes certain parcels from the existing Project Area, as further described in Attachments F and G. Pursuant to the Law, the City Council. having published due notice thereof, held a public hearing on the First Amendment. Notice of the hearing was duly published in a newspaper having general circulation. The City Council adopted the First Amendment on August 3, 2016, pursuant to Ordinance No. 4. Amendment to Section 200 of the Plan. (a) Section 200 entitled `-DESCRIPTION OF PROJECT AREA" is deleted and replaced as follows: DESCRIPTION OF TfIE AMENDED PItU.iECT AREA The boundaries of the Amended Project Area and of the Amended Revenue Allocation Area pursuant to the First Amendment are described in Attachment F, which is attached hereto and incorporated herein by reference, and arc shown on the Amended Project Area and Amended Revenue Allocation Area Boundary, Map, attached hereto as Attachment G and incorporated herein by reference. Amendment to Section 504 ofthe flan. (a) Section 504 is amended by adding a new sentence immediately following the end of the first sentence of the first paragraph as follows: Revenue allocation financing authority for the deannexed parcels pursuant to the First Amendment will be terminated effective January 1, 2016, FIRST AMENDMENT TO THE URBAN RENEWAL PLAIN- 4 21906861 (b) Section 504 is amended by adding a new sentence at the end of the fourth paragraph as foIlaws. No modifications to the analysis set forth in Section 1011 of this Plan have been made as a result of the First Amendment. Amendment to Section 1011 of the Plan, (a) Section 1011 is amended by adding a new sentence at the end of the first paragraph as follows: No modifications to Section 1011 of this Plan have been made as a result of the First Amendment. The deannexation of parcels from the existing Project Area pursuant to the First Amendment will not change this analysis. (b) Section 101 1, Part C entitled "Proposed Costs, Tax Impacts, Financing Methods and Economic Feasibility' is amended by adding a new sentence at the end of the first paragraph as follows. The deannexation of parcels from the existing Project Area pursuant to the First Amendment will have a de minimus impact on the amount of revenue generated by revenue allocation. As a result, the deannexation of certain parcels from the existing Project Area does not change the analysis and the Project continues to be feasible. 8. Amendment to Section 1011 of the flan. (a) Section 1011, Section Ill, is amended by adding a new sentence at the end of the first paragraph as follows: The deannexation of parcels from the existing Project Area has no impact on the duration of the Plan. 9. Amendment to Attachment E of the Plan. Attachment E entitled "Resolution Establishing urban Renewal Area" is supplemented by the addition of Chubbuck City Council Resolution Nos. 11-92, dated October 27, 1992, and 1-93, dated January 19, 1993, attached hereto. 10. Amendment to Attachment F of the Plan. Attachment ly entitled "Description of Urban Renewal Area" is deleted and replaced with Attachment F entitled "Description of the Amended Project Area and Amended Revenue Allocation Area Boundaries," attached hereto. 10, Amendment to Attachment G of the Flan. Attachment G entitled "Description of Revenue Allocation Area Boundaries" is deleted and replaced with Attachment G entitled "Amended Project Area -Amended Revenue Allocation Area Boundary Map," attached hereto. FIRST AMENDMENT TC THE URBAN RENEWAL PLAN- 5 2190086,� 11, The Urban Renewal Plan Remains in Effect. Except as expressly modified in this Pirst Amendment, the Plan and the Attachments thereto remain in full farce and effect - 4852 -8359-8146.v. 1 FIRST AMENDMENT TO THE URBAN RENEWAL FLAN- 6 ATTACHMENT E: Resolution Establishing Urban Renewal Area 2190686k 2190686 RESOLU^FON NO. I1-92 A RESOLUTICN OF THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCH, AMENDING RESOLUT.iQ�i NO. 4-92 AND RESOLUT+ON 7-92 TO DEFINE TiE GEOGRAPHIC BOUNDARIES OF THE URBAN RENEWAL AREA. Whereas, Resolution No. 4-92 declared the need for and created an Urban Renewal Area; and Whereas, Resolution No. 7-92 established the property lying within the Urban Renes -:al Area; and Whereas, the Public hearing conducted by the City of Chubbuck held on October 27, 1992, demonstrated compelling reasons to delete the northern position of the urban renewal area as established by Resolution No. 7-92. 14014 THEREFORE, be it resolved by the Mayor and the City of Chubbuck: The property lying within and including the area legally described an the attached Exhibit "A" is designated as the urban Renewal Area and Revenue Allocation District created by Resolution No. 4-92. Passed and approved by the Mayor and Council of the City of chubbuck this 27th day of October, 1992. ATTEST: Ran Conlin, Clerk RESOLUTION NO. 11-92 page 1. CITY 0 CHUB5UCK, a municipal corporation of Idaho f } 6y'd H Y . ' John 0. Cotant, Jr., Mayor 'lam 21906864 Ehh" (_4 �asu�u.fiaK; /4%a. 11-9- C4UBBUCK DEVELOPMENT AUTHORITY Description of Project Area - Urban Renwal toundary Beginning at a Idaho, which point in the City of Chubbuck, Bannock County j� line of East Chubbuck aRoad e and the Intersection line o£ Sectioe norLh n T. way U R.34E. T.65. Whence easterly along the north right -cif -way line of East Chubbuck Road to the meridional centerline of said Section 2, Thence southerly to the north quarter corner of Sectior. 11, T.6S. R.34X.; Thence southerly along the meridional centerline of Section 11,. LO its intersection with Thence southwesterly the earth right -of -way line of 1-86; along the north right -of -Hay line of 1-86 to the ;.rest tight -of -way line of Hiline Road; Thence north.gesterly along the west right-of-way. Miline Road, 1177.78 feet; line of Thence westerly, 1153.56 feet to the east right-of-way line of Oregon Shortli.ne Railroad; Thence southeasterly along the east right-of-way line of dregon Shortline Railroad to its intersection with the north right-- of-way line of 1-86; 'thence westerly along the north right-of-way line of 1-86, 495 feet to its intersection with the. Stuart Lateral Canal; Thence southerly along the Stuart Lteral Canal and the Chubbuck Municipal. EBoundarya Hurley Tracts Subdivision; to the northwest corner of Lot 7, Thence southwesterly appzaximately 80 feet to the northeast corner of lot 1 Berryman Tracts Subdivision; Theme northwesterly along the north boundary of lots 1 of Berryman Tracts Subdivision; and 2 Thence southwesterly along the north boundary line of lots 2, 3, 4, and 5 of Berryman Tracts Subdivision to its intersect) on with the east right. -of -way line of Yellowstone Avenue; Thence southerly along the east right-of-way line of Yellowstone Avenue to the south right-of-way ,line of Lou Avenue; Thence southeasterly along the east right of way line of Yellowstone Avenue in a curve to the east, 968.67 feet to the southeast cornea Lest 8 of ferryman Tracts Subdivision; Thence southerly, 66 feet to the north right-of-way line of Quinn Road; Thence westerly along the north right-of-way 1�ne Of Quinn Road to its intersection with the Hest right-of-way Hawthorne Road; line of Thence northerly along the west right-of-way line of Hawthorne Road to the north right-of-way line of 1-86; Thence westerly along the north right -o£ -way line of I-86 to R.3QE.i the west line of the E 1/2 of the NE 1/4 of Section 9 T -6S. Wage 1 of 3 ki U J Thence northerly along the west line of the E 7/ of the 2tW i/4 of SeOtian 9 to the E 1/16 corner on the north line oE Section 9 and the E 1/16 corner on the south R.34E; zine of Section 4, T. 6S. Thence northerly along the west lane of the E 1/2 of the SE 1/4 of said Section 4, 702 feet, to the extended line of the North right -o£ --way line of Circle Inn Drive; Thence, easterly along said extended north right-of-way line of Circle Inn brive 5779 feet. to the East right-of-way line ne Union Pacific Railroad.of Thence southerly along the east right-of-way lite of Union Pacific Railroad 677 feet to the north right. -of -wap line of East Chubbuck Road; Thence easterly along the north right -of --way kine of East Chubbuck Road to its intersection with the west line of Section Z,`- T.6S. R.34E., the paint of beginning. Page 2 of 3 2190686' Below please find the legal descriptions for all parks in the City. The list includes Bicentennial, 8istline, Chase, Cotant, Kay, Mary's, Stuart. and Vera Armstrong parks. Bicentennial nark, more particularly described as, City Park Lot in Block 8 of Paradise Acres Subdivision. 8istline Park, more particularly described as, a parcel of land located in the N -W, 1/4 of Section 11 T6S., R34E., B.M. Bannock County, Idaho. It is more particularly described as follows; BEGINNING at the NW corner- of Section I1; THENCE S89'54'10"E 1160 feet; THENCE SO'02'56"W 33 feet to the POd; THENCE continuing SO'02'56"W 142 feet; THENCE N89'54'01°W 170 feet; THENCE NO'1515?"E 142 feet; THENCE 589'54'01"E 1.70 feet to the POB; ADDITIONALLY park property includes City Park Lot in Block 4 of Hiline Heights Subdivision. Chase Park, more particularly described as, Lots 4 & 5 of Mock 10 in Country Acres 4th Addition Subdivision. Cotant Park, more particularly described as a parcel of land located in the NE 1/4 of Section 9 T6S., R34E., B.M. Bannock cour_ty, Idaho. It is more particularly described as follows: BEGINNING at. the NE corner of Section 9; THENCE N 89'54'W 525 feet; THENCE SO'21'E 502 feet to the POA; THENCE continuing SO'21`E 600 feet; THENCE N89'54'K 450 feet; THENCE N45'01W 250 feet; THENCE N89'541W 174,3 feet; THENCE NO'21'w 423.53 feet; THENCE S69'54'E 800 feet to the POB. Kay Park, more particularly described as, City park Lot in Block 11 of the Heights Subdivision. Marys Park, more particularly described as, City Park Lot in Block 4 0£ Mountain Park Subdivision. Stuart Park, more particularly described as, City Parc Lot in Block 2 of Stuart Subdivision. Vera Armstrong Park, more particularly described as, City Park Lot in Block 5 of the Heights Subdivision. page 3 of 3 &I 21906861 2190686 RESOLUTION NO 1-93 A RESOLUTION OF TKE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, AIIENDING RESOLUTION NO. 4-92 AND RESOLUTION NO. 7-92 AND RESOLUTION NO. 11--92 TO DEFINE THE GEOGRAPHIC BOUNDARIES OF THE URBAN RENEWAL AREA, Whereas, Resolution No. 4-92 declared the need for and created an [Urban Renewal Area; and Whereas, Resolution No. 7-92 established the property lying within the Urban Renewal Area; and Whereas, Resolution No. 11-92 revised the geographic boundaries establishing the property lying within the Urban Renewal Area. and Whereas, it has become necessary, at the request of Bannock County Assessor's office, to adjust the boundary of the Urban Renewal Area such that the boundary follows property lines and does not sever properties. NOW THEREFORE, be it resolved by the Mayor and the Council of the City of Chubbuck. The property lying within and including the area legally described on the attached Exhibit "A" is designated as the Urban Renewal Area and Revenue Allocation District created by Resolution No. 4-92. Passed and approved by the Mayor and Council of the City of Chubbuck this 19th day of January, 1993. ATTEST: ll;;2 Ron Conlin, Clerk RESOLUTION NO, 1-93 page 1. CITY OF CHUBBUCK a municipal corporation of Idaho B 6 ohn 0. CoLunt, Mayor 2190686/ RESOLUTION NO 1-93 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, AMENDING RESOLUTION NO. 4-92 AND RESOLUTION NO. 7-92 AND RESOLUTION NO. 11-92 TO DEFINE THE GEOGRAPHIC BOUNDARIES OF THE URBAN RENEWAL AREA. Whereas, Resolution No. 4-92 declared the need for and created an Urban Renewal Area, and Whereas, Resolution No. 7-92 established the property lying within the Urban Renewal. Area; and Whereas, Resolution No. 11-92 revised the geographic boundaries establishing the property lying within the Urban Renewal Area; and Whereas, it has become necessary, at the request of Bannock County Assessor's office, to adjust the boundary of the Urban Renewal Area such that the boundary follows property lines and does not sever properties. NOW THEREFORE, be it resolved by the Mayor and the Council of the City of Chubbuck: The property lying within and including the area legally described on the attached Exhibit "A" is designated as the Urban Renewal Area and Revenue Allocation District created by Resolution No. 4-92. Passed and approved by the Mayor and Council of the City of Chubbuck this 19th day of January, 1993. ATTEST: ,4, Ron Conlin, Clerk RESOLUTION N0. 1-93 page 1. CITY OF CHUBBUCK a municipal corporation of Idaho BY: ohn O. Cotant, Mayor CHUBBUCK DEVELOPMENT AUTHORITY Description of Project Area - Urhan Renewal Area 21906861; Beginning at a point in thy. City of Chubbuck, Bannock County Idaho, which point is at the intersection of the north right-of-way line of East Chubbuck Road and the west line of Section .2, TAS.R.34E. Thence easterly along the north right-of-way line of East Chubbuck Road to the meridional centerline of said Section 2, Thence southerly to the north quarter corner of Section 11, T.6S.R.34E.; Thence southerly along the meridional centerline of Section 11 to its intersection with the north right-of-way line of 1-86; Thence southwesterly along the north right-of-way line of 1-86 to the west right-of-way line of Hili.ne Road; Thence northwesterly along the west right-of-way line of Hiline Road, 1177.78 feet; Thence westerly, 1153.56 feet to the east right-of-way line of Oregon Shortline Railroad; Thence southeasterly along the east right -of --way line of Oregon Shortline Railroad to its intersection with the north right- of-way line of 1-86; Thence westerly along the north right-of-way line of I-86, 495 feet to its intersection with the Stuart Lateral Canal; Thence southerly along the Stuart Lateral Canal and the Chubbuck Municipal Boundary to the northwest corner of Lot 7, Hurley Tracts Subdivision; Thence southwesterly approximately 80 feet to the northeast corner of lot 1 Berryman Tracts Subdivision; Thence northwesterly along the north boundary of lots 1 and 2 of Berryman Tracts Subdivision; Thence southwesterly along the north boundary line of lots 2, 3, 4, and 5 of Berryman Tracts Subdivision to its intersection with the east right-of-way line of Yellowstone Avenue; Thence southerly along the east right--of-way line of Yellowstone Avenue to the south right-of-way line of Lou Avenue; Thence southeasterly along the east right of way line of Yellowstone Avenue in a curve to the east, 468.67 feet to the southeast corner Lot 8 of Berryman Tracts Subdivision; Thence southerly, 66 feet to the north right-of-way line of Quinn Road; Thence westerly along the north right-of-way line of Quinn Road to its intersection with the west right-of-way line of Hawthorne toad; Thence northerly along the west right-of-way line of Hawthorne Road to the south right-of-way line of Bonanza Street; Thence southwesterly along the south right -of --way line of Bonanza Street to the west right--of--way line of Teton Street; Thence northerly along the west right-of-way line of Teton Street to the north right-of-way line of Victor Avenue; Thence westerly along the north right-of-way line of Victor Avenue to the southwest corner of lot 10, block 5 of Country Acres 1st Addition Subdivision; 1/5/93 Page 1 of 2 21906861 Thence northerly, along the west line of said lot 10 to the northwest corner of said lot 10, which is also the southwest corner of lot 24, block 3 of Country Acres Subdivision; Thence northerly, along the west line of said lot 24 to the northwest corner of said lot 24 and the south right-of-way line of West Chubbuck Road; Thence northerly, across west Chubbuck Road, to the north right--of--way line of West Chubbuck Road; Thence easterly along the north right-of-way line of West Chubbuck Road to the east right-of-way line of Afton Street; Thence northerly along the east right-of-way of Afton Street to the north line of Leslie Homes Subdivision; Thence easterly along the north line of Leslie Homes Subdivision 20 feet more or less to the southwest corner of Smith's Food King property; Thence northerly along the west boundary of the Smith's Food King property to the south right-of-way line of Circle Inn Drive; Thence northerly across Circle Inn Drive to the north right - of --way line of Circle Inn Drive; Thence easterly. along the north right-of-way line of Circle Inn Drive to the west right -of --way line of Yellowstone Avenue; Thence southerly along the west right-of-way line of Yellowstone Avenue to the north right-of-way line of West Chubbuck Road; Thence easterly, across Yellowstone Avenue to the north right- of-way line of East Chubbuck road; Thence easterly along the north right-of-way line of East Chubbuck Road to its intersection with the west line of Section 2, T.65.R.34E., the point of beginning. 1/5193 Page 2 of 2 ATTACHMENT F: Description of the Amended Project Area and Amended Revenue Allocation Area Boundaries 2190686,* 21906861 Engineers • Survoyors * Planners 301 581h St. W. #138 • Williston, ND 56801 + 17M) 572.01 f0 600 E oak ,St_ + Pocatello, ID 0.7201 + (209f 234.01 f 0 www.rmes.biz LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE SO UTFIWESTQUARTER OF SECTION 15, TOWNSHIP 6 SOUTH RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO. COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, SAID CORNER BEING MARKED BY AN ITD MONUMENT INSIDE A STANDARD CITY MONUMENT VAULT AS PER CORNER PERPETUATION AND FILING INSTRUMENT NUMBER 21510138; THENCE NORTH 89°58'20" WEST, ALONG THE SOUTH LINE OF SAID SECTION 14, A DISTANCE OF 0.74 FEET; THENCE NORTH 00°29'31" WEST A DISTANCE OF 25.00 FEET TO THE SOUTHEAST CORNER OF THE SLOPS AT PINE RIDGE SUBDIVISION RECORDED IN THE RECORDS OF BANNOCK COUNTY UNDER INSTRUMENT NUMBER 21514610, SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 89°58'20" WEST ALONG THE SOUTHERLY BOUNDARY LINE OF SAID SHOPS AT PINE RIDGE SUBDIVISION, A DISTANCE OF 217.99 FEET TO THE SOUTHWEST CORNER OF SAID SHOPS AT PINE RIDGE SUBDIVISION; THENCE NORTH 00°33'35" WEST ALONG THE WESTERLY BOUNDARY LINE OF SAID SHOPS AT PINE RIDGE SUBDIVISION, A DISTANCE OF 5.00 FEETTO THE SOUTHEAST CORNER OF THE: PINE RIDGE MALL SUBDIVISION RECORDED IN THE RECORDS OF BANNOCK COUNTY UNDER INSTRUMENT NUMBER 657825; THENCE NORTH 89°5$'20" WESTALONG THE SOUTHERLY BOUNDARY LINE OF SAID PINE RIDGE MALL SUBDIVISION, A DISTANCE OF 472.47 FEET; THENCE NORTH 00501'40" EAST A DISTANCE OF 101.00 FEET; THENCE NORTH 52°31'20" WEST A DISTANCE OF 316.61 FEET; THENCE SOUTH 45`03'40" WEST A DISTANCE OF 24.59 FEET; THENCE NORTH 53°16'45" WEST A DISTANCE OF 763 -SS FEET; THENCE NORTH 53°20'23" WEST DISTANCE OF 464.67 FEET; THENCE NORTH 00°22'07" WEST A DISTANCE OF 291.11 FEET; THENCE SOUTH 89`59'36" WEST A DISTANCE OF 636.20 FEET TO A POINT ON THE EAST RIGHT- OF-WAY LINE OF HAWTHORNE ROAD; Focused Qn Solutions Civi14 l:nvlronmonfal a Transportsflofr 4 Ptannirng P L Fid Development 0 rifunieipaf 4 Surveying 2190686, THENCE NORTH 00°16'16" WEST, ALONG SAID EAST RIGHT-OF-WAY, A D15 TANCE OF 50.00 FEET; THENCE LEAVING SAID LAST RIGHT-OF-WAY AND HEADING NORTH 89°59'39" EAST A DISTANCE OF 916,54 FEET; THENCE NORTH 00°00'58" EAST A DISTANCE OF 1109.38 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 86; THENCE SOUTH 89'19'43" EAST, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 374.23 FEET; THENCE SOUTH 80"25'56" EAST A DISTANCE OF 754.59 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE AND HEADING SOUTH 37°54'22" EAST A DISTANCE OF 827.89 FEET; THENCE SOUTH 47°00'00" EAST A DISTANCE OF 57.14 FEET TO A POINT ON THE NORTH RIGHT- OF-WAY LINE OF BRENEMAN ROAD; THENCE SOUTH 89'57'19" LAST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 461.92 FEET TO A POINT ON THE WEST RIGHT -OF WAY LINE OF YELLOWSTONE AVENUE; THENCE SOUTH 00°02'41" WEST, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 50.00 FEET; THENCE SOUTH 00°01'27" WEST A DISTANCE OF 804.55 FEET; THENCE SOUTH 00°32'08" EAST A DISTANCE OF 272.40 FEETTO A POINT ON THE NORTHERLY BOUNDARY LINE OF SAID SHOPS AT PINE SUBDIVISION; THENCE SOUTH 89°58'20" EAST, ALONG THE NORTHERLY BOUNDARY LINE OF SAID SHOPS AT PINE RIDGE SUBDIVISION, A DISTANCE OF 20.44 FEET TO THE NORTHEAST CORNER OF SAID SHOPS AT PINE RIDGE SUBDIVISION; THENCE SOUTH 00°29'32" EAST, ALONG THE EASTERLY BOUNDARY LINE OF SAID SHOPS AT PINE RIDGE SUBDIVISION, A DISTANCE OF 600.00 FEET TO THE POINT OF BEGINNING. FecusedonSolufions c Chilb Frnviranrrternfal0 Trans;rjorlafion 4 Planning Laud rJevelopnacra[ 4 Mtjni�lpal4 Surveying ATTACHMENT G: Amended Project Area Amended Revenue Allocation Area Boundary Map 2190686,; 2190686Is / . - -. _ � r � i GyV♦a.4ti I " ' . 1 •fir 1� tur '1 • t }, t} :tii`.vi'ti+i Aw}r"� �4rta♦(y�r�ar, \r11;i� �h� �,- � . 4-N a ` \♦ y ;�Fry,'1 x�-4�'' �-A" .1. �, ti SSS yY ay�ySA �r� �r� -• r =. •.��1/;,1�F �S�\-.tip-,=F%a ♦�+,M1Sti}. y � � � ._ ' as L\� ay F�i Y Stt SS`i 1 - — ri�� •j _ ' - . Y�`a ti114\rl,rS\ Ya` 1 u� a a• \ i `4 Wti.1` x ' IZ Ir i � t I e s z M1 &M M. 7e�Y ��� . ��� •i jI 1 1 r Iw F 21906861 Exhibit 2 NOTICE PUBLISHED IN THE Idaho State Journal, July 1 and 8, 2016 2190686/1 PROOF OF PUBLICATION STATE OF IDAHO County of Banno&L LN 23.528 _ KARL, N MASON being first duly sworn on oath deposes and says: that SHE was at all times herein mention a citizen of the United States of America more than 21 years of age, and the Principal Clerk of the Idaho State Journal, a daily newspaper, printed and published at Pocatello, Bannock County Idaho and having a general circulation therein, That the document or notice, a true copy of vdiich is attached, was published in the said IDAHO STATE JOURNAL, on the following elates, to - wit: _July 01_2016_July 20l6 TJuly_08^2016___ July 2016 –July--2016—July-----2016 July 2016.lily 2016 That said paper has been continuously and uninterruptedly published in said County for a period of seventy-eight weeks prior to the publication or said notice of advertisement and is a newspaper within [lie meaning of the laws of Idaho. STATE OF IDAHO COUNTY OF BANNOCK On this 08th. of July in the year of 2016, before me, a Notary Public, personally appeared KAREN NL SON Known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn declared that the statements therein are true, and acknowledge to me that tie executed the same. N ry ofPublic/ d to - -- Residin at Arimo 3/3/2021 g exp. p 1,�. �� •.+: ,.... ``�ti t OT"I Ry f 110 wf+UOW-- CfT'r CdUE1ClL OF'iC1f8 Gl'fY t7l'. 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LN2352R 190686=A 21906864 Exhibit 3 RESOLUTION OF THE CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION RELATING TO THE FIRST AMENDMENT TO THE URBAN RENEWAL PLAN 2190�$G r,\�r RESOLUTION OF THE CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION RELATING TO THE FIRST AMENDMENT TO THE URBAN RENEWAL PLAN CHUBBUCK DOWNTOWN IMPROVEMENT PROTECT FOR THE CHUBBUCK DEVELOPMENT AUTHORITY FOR TRE CITY OF CHUBBUCK WHEREAS, the Chubbuck Urban Renewal Agency d/b/a the Chubbuck Development Authority (hereinafter "Agency") has submitted a proposed First Amendment to the Urban Renewal Plan entitled "First Amendment to the Urban Renewal Plan Chubbuck Downtown Improvement Project for the Chubbuck Development Authority" ((he "First Amendment ") to the City of Chubbuck, and the City Council, through the Mayor, referred the First Amendment to the Chubbuck Land Use and Development Commission for review and recommendations concerning the conformity of said First Amendment with the Comprehensive flan known as the City of Chubbuck Comprehensive Plan (the "Comprehensive Plan"); and WHEREAS, the staff of the Land Use and Development Commission has reviewed said First Amendment and has determined that it is in all respects in conformity with the Comprehensive Plan; and WHEREAS, the Chubbuck Land Use and Development Commission met on Rdy 12, 2016, to consider the First Amendment; and WHEREAS, the Chubbuck Land Use and Development Commission has reviewed said First Amendment in view of the Comprehensive Plan. NOW, THEREFORE, HE IT RESOLVED 13Y THE LAND USE AND DEVELOPMENT COMMISSION OF THE CITY OF CHUBBUCK, IDAHO: Section 1. That the First Amendment, submitted by the Chubbuck Development Authority and referred to this Commission by the City Council for review, is in all respects in conformity with the Comprehensive Plan, Section 2. That the Chairman of the Land Use and Development Commission by and hereby is authorized and directed to provide the Chubbuck City Council with a certified copy of this Resolution relating to said First Amendment. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED by the Land Use and Development Commission of the City of Chubbuck, Idaho, this 12th day of July 2016. Vice -Chaff n, Land Useand Developfnent Commission 4844.7526.1236,u, l 4RIg-6169-7589,v_ 3 Exhibit 4 SUMMARY OF ORDINANCE N0. 7O 2190686 2199686,E CITY OF CHUBBUCK SUMMARY OF ORDINANCE NO. 758 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHUBBUCK, IDAHO, APPROVING THE FIRST AMENDMENT TO THE URBAN RENEWAL PLAN CHUBBUCK DOWNTOWN IMPROVEMENT PROJECT, WHICH FIRST AMENDMENT SEEKS TO DEANNEX CERTAIN PARCELS FROM THE EXISTING 1992 PROJECT AREA; WHICH FIRST AMENDMENT AMENDS A PLAN THAT 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 OTHER TAXING ENTITIES; APPROVING THE SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK: SECTION 1: The First Amendment (the "First Amendment") to the Urban Renewal PIan Chubbuck Downtown Improvement Project (the "Plan") is attached to Ordinance No.758 as Exhibit I and is made a part of the Ordinance and is approved. The City Clerk and/or the Urban Renewal Agency for the city of Chubbuck d/b/a the Chubbuck Development Authority (the "Agency") may make certain technical corrections or revisions in keeping with the infortnation and testimony presented at the August 3, 2016, hearing. A Summary of the First Amendment is set forth below. The full text of the Ordinance, the First Amendment and the Plan is available at the offices of the City Clerk, located at the Chubbuck City Hall, 5160 Yellowstone Avenue, Chubbuck, Idaho 83202. SECTION 2: No direct or collateral action challenging the First Amendment shall be brought prior to the effective date of this Ordinance or after the elapse of thirty (30) days from and after the effective date of this Ordinance adopting the First Amendment. SECTION 3: Upon the effective date of this Ordinance, 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 25, Portneuf Free Library, Bannock County Road & Bridge, Bannock County Ambulance, Mosquito Abatement, and the State Tax Commission a copy of this Ordinance, a copy of the legal description of the boundary of the deannexed area, and a map or plat indicating the boundaries of the parcels to be deannexed from the existing Project Area. 411 18/=\WARY .,]111►Ell ►[a] W.10 2190686 SECTION 4: This Ordinance shall be in fall force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2016, to the extent permitted by the Law and the Act, with the existing remaining Project Area maintaining its base assessment roll as of January 1, 1992. SECTION 5: The City Council hereby finds and declares the equalized assessed valuation of the Revenue Allocation Area, as defined in the IGA, is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Plan. SECTION 6: 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 remaining portions of this Ordinance. SECTION 7: At least one-half plus one of the City Council members finding good cause, the City Council hereby dispenses with the rule that this Ordinance be read on three different days, two readings of which shall be in full, and have hereby adopted this Ordinance, having considered it at one reading. SECTION 8: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 4, is hereby approved. SECTION 9: All ordinances, resolutions, orders, or parts thereof in conflict herewith are hereby repealed, rescinded, and annulled. SECTION 10: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. PASSED by the City Council of the City of Chubbuck, Idaho, on this 3rd day of August, 2016. APPROVED by the Mayor of the City of Chubbuck, Idaho, on this 3rd day of August, 2016. EXHIBITS TO THE ORDINANCE Exhibit 1 First Amendment to the Urban Renewal Plan, Chubbuck Downtown Improvement Project Exhibit 2 Notice Published in the Idaho State Journal, July I and 8, 2016 Exhibit 3 Resolution of the Chubbuck Land Use and Development Commission Relating to the First Amendment to the Urban Renewal Plan Exhibit 4 Ordinance Summary SUMMARY OF ORDINANCE 758 - 2190686 V SUMMARY OF FIRST AMENDMENT The First Amendment to the Plan was prepared by the Agency pursuant to the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law"), the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act"), and all applicable laws and ordinances and was approved by the Agency. The First Amendment seeks to deannex certain parcels from the existing Project Area. The First Amendment being considered for adoption contains a previously adopted revenue allocation financing provision pursuant to the Act that will continue to cause property taxes resulting from any increases in equalized assessed valuation in excess of the equalized assessed valuation on the parcels remaining in the existing Project Area as shown on the original base assessment roll as of January 1, 1992, for the original 1992 Project Area, as subsequently amended in 1998 pursuant to the terms of that certain Intergovernmental Agreement with Respect to the Chubbuck Development Authority and its Urban Renewal Plan (the "IGA"), that will continue to be allocated to the Agency for urban renewal purposes. The general scope and objective of the First Amendment is the deannexation of certain parcels from the boundaries of the existing Project Area, The First Amendment shall deannex the following parcels from the existing Project Area, generally described as follows: The area to be deannexed from the existing Project Area generally includes the Pine Ridge Mall Subdivision, the Pine Ridge Mall First Addition, and the Shops at Pine Ridge Subdivision. The Project Area is generally bounded by Yellowstone Avenue on the east, Quinn Road on the south, continuing along the drainage ditch on the west, and Interstate 86 on the north. The legal description of the area to be deannexed is mor fully set forth in Ordinance No. 758. The deannexation of certain parcels from the existing Project Area is also depicted in the map below with the deannexed parcels shaded purple. SUMMARY OF ORDINANCE 758 - �c� It 2190 68 GIL THE URBAN RENEWAL AREA ATTACHMENTS TO THE FIRST AMENDMENT, AS AMENDED Attachment E Supplemented to include Chubbuck City Council Resolutions Nos. 11-92, dated October 27, 1992, and 1-93, dated January 19, 1993 Attachment F Description of the Amended Project Area and Amended Revenue Allocation Area Boundaries Attachment G Amended Project Area —Amended Revenue Allocation Area Boundary Map SUMMARY OF ORDINANCE 758 - 2190686,! The full text of Ordinance No. 758, the First Amendment, and the Plan is available at the offices of the City Clerk located at the Chubbuck City Hall, 5160 Yellowstone Avenue, Chubbuck, Idaho 83202. A modified version of this summary was approved by the Chubbuck City Council at its meeting of August 3, 2016. I, Thomas Holmes, City Attorney for the City of Chubbuck, Idaho, declare that in my capacity as City Attorney of the City of Chubbuck, pursuant to Idaho Code Section 50-901A(3) of the Idaho Code as amended, and I hereby certify that I have reviewed a copy of the above Summary of Ordinance, have found the same to be true and complete, and provide adequate notice to the public of the contents, including the exhibits, of Ordinance No. 758. DATED this 3rd day of August, 2016. Attorney, City of Chubbuck, Idaho SUMMARY OF ORDINANCE 758 - 2190686fs , City of Chubbuck August 25, 2016 SEPARATE LETTERS TO THE STATE TAX COMMISSION, THE BANNOCK COUNTY AUDITOR, THE RECORDER OF BANNOCK COUNTY, AND BANNOCK COUNTY ASSESSOR RE. First Amendment to the Urban Renewal Plan — Chubbuck Downtown Improvement Project As provided for under Idaho Code Sections 50-2907 and 63-215, and Rule 225 of the Property Tax Administrative Rules IDAPA 35.01.03.225.02, you are being provided copies of the following recorded documents for filing: 1. Chubbuck Ordinance No. 758 and Suminary of Ordinance No. 758 (without exhibits or attachments) approving the First Amendment ("First Amendment") to the Urban Renewal Plan — Chubbuck Downtown Improvement Project ("1992 Project Area"), which plan contains a revenue allocation area. The City Council approved the Ordinance at its meeting of August 3, 2016. The Mayor signed the Ordinance on August 3, 2016. Publication of the Ordinance occurred on August 19, 2016. 2. A legal description of the boundaries of the area deannexed from the existing 1992 Project Area/revenue allocation area of record with the State Tax Commission. 3. A map showing the boundaries of the area deannexed from the existing 1992 Project Area/revenue allocation area of record with the State Tax Commission. Please file these documents in your official records. Please be advised that the contact person for the Chubbuck Development Authority is Thomas Holmes, Chubbuck City Attorney, P.O. Box 967, Pocatello, Idaho, 83204, 208-232- 5911. Should you desire a copy of the entire First Amendment and its attachments, copies can be obtained from Rich Morgan, City Clerk, Chubbuck, Idaho 83202. Sincerely, IV—k Richard Morgan, City Clerk Enclosures cc: Thomas Holmes Ryan P. Armbruster 4833-7941-9702, v. 1 CITY OF CHUBBUCK, IDAHO ORDINANCE NO. � h J AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHUBBUCK, IDAHO, APPROVING THE FIRST AMENDMENT TO THE URBAN RENEWAL PLAN CHUBBUCK DOWNTOWN IMPROVEMENT PROJECT, WHICH FIRST AMENDMENT SEEKS TO DEANNEX CERTAIN PARCELS FROM THE EXISTING 1992 PROJECT AREA; WHICH FIRST AMENDMENT AMENDS A PLAN THAT 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 OTHER TAXING ENTITIES; APPROVING THE SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: WHEREAS, on or about April 11, 1992, by Resolution No. 4-92 the Chubbuck City Council ("City Council") and Mayor of the city of Chubbuck, Idaho ("City") created an urban renewal agency, the Chubbuck Urban Renewal Agency d/b/a Chubbuck Development Authority ( "Agency"), authorizing it to transact business and exercise the powers granted by the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law"), and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act"), upon making the findings of necessity required for creating said Agency; WHEREAS, the City Council, after notice duly published, conducted a public hearing on October 27, 1992, on the Urban Renewal Plan Chubbuck Downtown Improvement Project (the "Plan") to redevelop a portion of the City, pursuant to the Law and the Act; WHEREAS, the City Council, in response to the public hearing on October 27, 1992, by Resolution No. 11-92, amended City Council Resolution Nos. 4-92 and 7-92, to reduce the geographic boundaries of the revenue allocation area, which resulted in removal of the northern parcels from the proposed revenue allocation area; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 385 on October 27, 1992, approving the Plan and making certain findings; WHEREAS, the revenue allocation area boundaries were further administratively adjusted at the request of the Bannock County Assessor's Office by City Council Resolution No. 1-93, dated January 19, 1993, to avoid splitting parcels, which is the map and legal description of record with the State Tax Commission for the Plan; ORDINANCE - 1 WHEREAS, on or about November 23, 1998, the Agency, City, and the Bannock County Board of County Commissioners (`BOCC") and the Bannock County Assessor ("Assessor") (collectively the BOCC and Assessor may be referred to as "Bannock County") entered into the Intergovernmental Agreement with Respect to the Chubbuck Development Authority and its Urban Renewal Plan (the "IGA"), to address concerns generally related to the geographic size and value of the 1992 Plan revenue allocation area; WHEREAS, the parties to the IGA agreed to an informal partial deannexation from the 1992 Plan revenue allocation area by specifically listing the parcel numbers of the properties to remain within the revenue allocation area; all other parcels not listed were to be disregarded for purposes of calculating tax increment (revenue allocation). The Assessor continues to track the parcels included in the 1992 Plan revenue allocation area consistent with the terms of the IGA; WHEREAS, the boundary map and legal description of record with the State Tax Commission ("STC") were not updated to reflect the agreed upon changes in the IGA; WHEREAS, based on inquiries and information presented, it became apparent that certain property within the City may be deteriorating or deteriorated and should be examined as to whether such area is eligible for urban renewal planning purposes; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the first Pine Ridge Mall Urban Renewal Plan (the "2015 Plan") to redevelop a portion of the City, pursuant to the Law and the Act; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 749 on October 21, 2015, approving the 2015 Plan and making certain findings; WHEREAS, the STC rejected the map and legal description for the 2015 Plan on the grounds and for the reasons that the properties to be included in the 2015 revenue allocation area were already included within the existing 1992 Plan revenue allocation area based on the map and legal description of record. As a result, the 2015 Plan was never made effective; WHEREAS, the Assessor confirmed that only two parcels included within the proposed 2015 Plan revenue allocation area were parcels specifically listed in the IGA, commonly referred to as the "Old CarMike" parcels; therefore, the Agency only currently receives increment revenue from the "Old CarMike" parcels; WHEREAS, based on extensive communications with representatives from the STC, Bannock County, the City, the Agency, and others, the parties agreed to resolve the issue by amending the 1992 Plan to deannex the entire geographic area of the proposed 2016 Pine Ridge Mall revenue allocation area from the existing 1992 Plan revenue allocation area including the Old CarMike referenced above; ORDINANCE 79'� -2 WHEREAS, the plan amendment to deannex the necessary parcels and the proposed new plan for a new revenue allocation area are proceeding through the plan adoption process concurrently; WHEREAS, the Agency seeks to amend the Plan to deannex certain parcels from the existing Project Area, as described in the First Amendment defined below; WHEREAS, the Agency reviewed the financial impact of the deannexation on its allocation of revenue and has concluded the remaining allocation of revenue is sufficient to pay its operations, obligations, and to continue to implement the terms of the Plan; WHEREAS, the Agency has prepared the First Amendment to the Plan (the "First Amendment"), as set forth in Exhibit 1 attached hereto, identifying the boundary of the parcels to be deannexed from the existing Project Area; WHEREAS, the First Amendment amends the Plan, which contains provisions of revenue allocation financing as allowed by the Act; WHEREAS, on June 29, 2016, the Agency Board passed Resolution No. 16-02 proposing and recommending the approval of the First Amendment; WHEREAS, the Agency submitted the First Amendment to the Mayor and City; WHEREAS, the Mayor and City Clerk have taken the necessary action to process the First Amendment; WHEREAS, notice of the public hearing of the First Amendment was published in the Idaho State Journal on July 1 and 8, 2016, a copy of said notice being attached hereto as Exhibit 2; WHEREAS, as required by Idaho Code § 50-2906, the First Amendment was made available to the general public and submitted to the affected taxing districts at least thirty (30) days prior to the August 3, 2016, regular meeting of the City Council; WHEREAS, appropriate notice of the First Amendment and the impact on the revenue allocation provision contained therein has been given to the taxing districts and to the public as required by Idaho Code §§ 50-2008 and 50-2906; WHEREAS, at a meeting held July 12, 2016, the Chubbuck Land Use and Development Commission considered the First Amendment and found that the First Amendment is in all respects in conformity with the Comprehensive Plan. A copy of the Resolution of the Chubbuck Land Use and Development Commission Relating to the First Amendment to the Urban Renewal Plan Chubbuck Downtown Improvement Project for the Chubbuck Development Authority is attached hereto as Exhibit 3; ORDINANCE 7 � -3 WHEREAS, the City Council during its regular meeting on August 3, 2016, held the public hearing; WHEREAS, it is necessary, and in the best interests of the citizens of the City to adopt the First Amendment; WHEREAS, the City at its regular meeting held on August 3, 2016, held a public hearing and considered the First Amendment, as proposed, and made certain comprehensive findings; WHEREAS, the First Amendment amends a pre -July 1, 2016, urban renewal plan containing a revenue allocation financing provision, and therefore, pursuant to Idaho Code § 50- 2903(4), there is no reset of the base assessment roll to the current values for the existing remaining Project Area; WHEREAS, the City Council finds that the equalized assessed valuation of the taxable property in the Project Area is likely to increase, and continue to increase, as a result of initiation and continuation of urban renewal projects in accordance with the Plan; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK: SECTION 1: The First Amendment, attached hereto as Exhibit 1 and made a part hereof, is hereby approved. As directed by the City Council, the City Clerk and/or the Agency may make certain technical corrections or revisions in keeping with the information and testimony presented at the August 3, 2016, hearing, and incorporate changes or modifications, if any. SECTION 2: No direct or collateral action challenging the First Amendment shall be brought prior to the effective date of this Ordinance or after the elapse of thirty (30) days from and after the effective date of this Ordinance adopting the First Amendment. SECTION 3: Upon the effective date of this Ordinance, 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 25, Portneuf Free Library, Bannock County Road & Bridge, Bannock County Ambulance, Mosquito Abatement, and the State Tax Commission a copy of this Ordinance, a copy of the legal description of the boundary of the deannexed area, and a map or plat indicating the boundaries of the parcels to be deannexed from the existing Project Area. SECTION 4: This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2016, to the extent permitted by the Law and the Act, with the existing remaining Project Area maintaining its base assessment roll as of January 1, 1992. ORDINANCE _75_U - 4 SECTION 5: The City Council hereby finds and declares the equalized assessed valuation of the Revenue Allocation Area, as defined in the IGA, is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Plan. SECTION 6: 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 remaining portions of this Ordinance. SECTION 7: At least one-half plus one of the City Council members finding good cause, the City Council hereby dispenses with the rule that this Ordinance be read on three different days, two readings of which shall be in full, and have hereby adopted this Ordinance, having considered it at one reading. SECTION 8: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 4, is hereby approved. SECTION 9: All ordinances, resolutions, orders, or parts thereof in conflict herewith are hereby repealed, rescinded, and annulled. SECTION 10: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. PASSED by the City Council of the City of Chubbuck, Idaho, on this day of August, 2016. APPROVED by the Mayor of the City of Chubbuck, Idaho, on this day of August, 2016. Ke in B. England, AYbR ATTEST: Richard Morgan, Ci Clerk First Reading: An Is ��1( 50-902. Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code Yes V No Second Reading: IV Third Reading: X7 A ORDINANCE 75q -5 STATE OF IDAHO ss: County of Bannock On this�jY day of August, 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared KEVIN ENGLAND and RICHARD MORGAN, known to me to be the Mayor and City Clerk, respectively of the City of Chubbuck, Idaho, and who executed the within instrument, and acknowledged to me that the City of Chubbuck executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 010011111 0, (SEAL) $ 4. 0 ? A k C.C J*I A U eo* Of "a ORDINANCE -6 Notary Public for Idaho My Commission Expires: , 5 - 5C, Exhibit I FIRST AMENDMENT TO THE URBAN RENEWAL PLAN, CHUBBUCK DOWNTOWN IMPROVEMENT PROJECT FIRST AMENDMENT TO THE URBAN RENEWAL PLAN CHUBBUCK DOWNTOWN IMPROVEMENT PROJECT FOR THE CHUBBUCK DEVELOPMENT AUTHORITY (CDA) CITY OF CHUBBUCK, IDAHO Ordinance No. 385 Adopted October 27, 1992 Effective November 8, 1992 First Amendment to the Plan Ordinance No. 7 y Adopted August 3, 2016 Effective August, 2016 FIRST AMENDMENT TO r`fIE URBAN RENEWAL PLAN- 1 BACKGROUND This first Amendment ("First Amendment") to the Urban Renewal flan Chubbuck Downtown Improvement Project (`'Plan'') deannexes certain parcels from the plan area/revenue allocation area created by the Plan, commonly referred to as the "1992 Project Area," adopted by Chubbuck City Council Ordinance No. 385, on October 27, 1992. At the time the Plan was adopted, and in response to the public hearing, the Chubbuck City Council ("City Council"), by Resolution No. 11-92, passed and approved on October 27, 1992, amended City Council Resolution No. 4-92 and 7-92. to reduce the geographic boundaries of the revenue allocation area. This boundary change was significant and resulted in removal of the northern parcels from the proposed revenue allocation area. The revenue allocation area boundaries were further administratively adjusted at the request of the Bannock County Assessors Office by City Council Resolution No. 1-93, passed and approved on January 19, 1993, to avoid splitting parcels. The Idaho State Tax Commission ("STC") accepted the map and legal description and the Chubbuck Urban Renewal Agency d/b/a Chubbuck Development Authority ("CDA") proceeded to implement the Plan, with a revenue allocation base year of 1992. On or about November 23, 1998, the CDA, the City and the Bannock County Board of County Commissioners ("BOCC") and the Bannock County Assessor ("Assessor") (collectively, the BOCC and Assessor may be referred to as "Bannock County") entered into the Intergovernmental Agreement With Respect to the Chubbuck Development Authority and its Urban Renewal Pian (the "IGA"), to address concerns generally related to the geographic size and value of the 1992 Project Area. The parties to the IGA agreed to an informal partial deannexation from the 1992 Project Area by specifically listing the parcel numbers of the properties to remain within the revenue allocation area; all other parcels not listed were to be disregarded for purposes of calculating tax increment (revenue allocation). The Assessor continues to track the parcels included in the 1992 revenue allocation area consistent with the terms of the IGA. The boundary map and legal description of record with the STC were not updated to reflect the agreed upon changes in the IGA. in 2015, the City Council, after a properly noticed public hearing, passed Ordinance No. 749, dated October 21, 2015, adopting the Pine Ridge Mall Urban Renewal Area and Improvement Plan, which included a revenue allocation financing provision. The STC ultimately advised the CDA that the proposed geographic boundaries of the 2015 revenue allocation area - were already included within the existing 1992 revenue allocation area based on the map and legal description of record, and rejected the map and legal description for the Pine Ridge Mall revenue allocation area. The .Assessor also confirmed that two parcels (which have since been subdivided into five parcels and may be referred to as the "Old CarMike Parcels") included within the Pine Midge Mall revenue allocation area were parcels specifically listed in the IGA, and the CDA is currently receiving revenue from the increment. Based on follow up communications with representatives from Bannock County, the STC, the City, the CDA. and others, the CDA and City are seeking to amend the Plan to deannex the entire beographic area of the Pine Ridge Mall revenue allocation area from the existing 1992 FIRST AhtENDMEN'r TO THE URBAN RENEWAL PLAN -2 Project Area. The CDA and City will then proceed with adopting the Pine Ridge Mall Plan. Time is of the essence as there is a proposed development to occur within the boundaries of the Pine Ridge Mall revenue allocation area. The proposed development will not occur but for the urban renewal investment. In order to be financially feasible the base year for the Pine Ridge Mail revenue allocation area must be 2016. As a result of the deannexation, in 2016 through the remaining years of the Plan, the CDA will cease receiving an allocation of revenues from the deannexed parcels, which in this case is limited to the Old CarMike Parcels as there is no increment accruing on the other "deannexed" parcels by virtue of the 1998 IGA. The increment value of the Old CarMike Parcels shall be included in the net taxable value of the taxing district when calculating the subsequent property tax levies pursuant to section 63-803, Idaho Code. The increment value shall also be included in subsequent notification of taxable value for each taxing district pursuant to section 63-1312, Idaho Code, and subsequent certification of actual and adjusted market values for each school district pursuant to section 63-315, Idaho Code. The Bannock County Assessor's Office maintains the value information, including the increment value, if any, included on the new construction roll for new construction associated with the deannexed Old CarMike Parcels. The amount added to the new construction roll will equal the amount by which the December 31, 2015, increment value exceeds the incremental value as of December 31, 2006. House Bill 606, effective July 1, 2016, amended the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law") and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act") confirming that a plan amendment to the Plan does not result in a reset of the base assessment roll values: "[fJor plans adopted or modified prior to July 1, 2016, and for subsequent modifications of those urban renewal plans, the value of the base assessment roil of property within the revenue allocation area shall be determined as if the modification had not occurred." Idaho Code y 50-2903(4). Further a plan amendment to accommodate a deannexation in the revenue allocation boundary is also an identified exception to the base reset requirement. Idaho Code § 50-2903 A(1)(a)(iii). AMENDMENTS TO THE PLAN 1. Definitions. Capitalized terms not otherwise defined herein shall have the respective meanings ascribed to such terms in the Plan. 2. The following defined terms are amended throughout the Plan as follows: (a) Delete "Plan" and replace with "Amended Plan" except where specifically referenced in this First Amendment. (b) Delete "Project Area' and replace with "Amended Project Area" except where specifically referenced in this First Amendment. FIRST AMENDMENT TO THE URBAN RENEWAL PLAN- (c) Delete references to Attachment F entitled "Description of Urban Renewal Area" and replace with Attachment F entitled "Description of the Amended Project Area and Amended Revenue Allocation Area Boundaries." (d) Delete references to Attachment G entitled "Description of Revenue Allocation Area Boundaries" and replace with Attachment G entitled "Amended Project Area -Amended Revenue Allocation Area Boundary Map." 3. Amendment to Section 100 of the Plan. (a) Section 100 entitled "INTRODUCTION" is amended by adding a new paragraph to the end of the Section as follows: This First Amendment to the Plan (the "First Amendment") deannexes certain parcels from the existing Project Area, as further described in Attaclunents F and G. Pursuant to the Law, the City Council, having published due notice thereof, held a public hearing on the First Amendment. Notice of the hearing vas duly published in a newspaper having general circulation. The City Council adopted the First Amendment on August 3, 2016, pursuant to Ordinance No. 4. Amendment to Section 200 of the Plan. (a) Section 200 entitled "DESCRIPTION OF PROJECT AREA" is deleted and replaced as follows: DESCRIPTION OF THE AMENDED PROJECT AREA The boundaries of the Amended Project Area and of the Amended Revenue Allocation Area pursuant to the First Amendment are described in Attachment F, which is attached hereto and incorporated herein by reference, and are shown on the Amended Project Area and Amended Revenue Allocation Area Boundary Map, attached hereto as Attachment G and incorporated herein by reference. 5. Amendment to Section 504 of the Plan. (a) Section 504 is amended by adding a new sentence immediately following the end of the first sentence of the first paragraph as follows: Revenue allocation financing authority for the deannexed parcels pursuant to the First Amendment will be terminated effective January 1, 2016. FIRST AMENDMENT TO THE URBAN RENEWAL, PIAN- 4 (b) Section 504 is amended by adding a new sentence at the end of the fourth paragraph as follows: No modifications to the analysis set forth in Section 1011 of this Plan have been made as a result of the First Amendment. 7. Amendment to Section 1011 of the Plan. (a) Section 1011 is amended by adding a new sentence at the end of the first paragraph as follows: No modifications to Section 1011 of this Plan have been made as a result of the First Amendment. The deannexation of parcels from the existing Project Area pursuant to the First Amendment will not change this analysis. (b) Section 1011, Part C entitled "Proposed Costs, Tax Impacts. Financing Methods and Economic Feasibility" is amended by adding a new sentence at the end of the first paragraph as follows. The deannexation of parcels from the existing Project Area pursuant to the First Amendment will have a de minimus impact on the amount of revenue generated by revenue allocation. As a result, the deannexation of certain parcels from the existing Project Area does not change the analysis and the Project continues to be feasible. 8. Amendment to Section 1011 of the flan. (a) Section 1011, Section III, is amended by adding a new sentence at the end of the first paragraph as follows: The deannexation of parcels from the existing Project Area has no impact on the duration of the Plan. 9. Amendment to Attachment E of the Plan. Attachment E entitled "Resolution Establishing urban Renewal Area" is supplemented by the addition of Chubbuck City Council Resolution Nos. 11-92, dated October 27, 1992, and 1-93, dated January 19, 1993, attached hereto. 10. Amendment to Attachment F of the Plan. Attachment I entitled "Description of Urban Renewal Area" is deleted and replaced with Attachment F entitled `Description of the Amended Project Area and Amended Revenue Allocation Area Boundaries," attached hereto. 10. Amendment to Attachment G of the Plan. Attachment G entitled "Description of Revenue Allocation Area Boundaries" is deleted and replaced with Attachment G entitled "Amended Project Area -Amended Revenue Allocation Area Boundary Map," attached hereto. FIRST :'AMENDMENT TO THE URBAN RENFWAL PLAN- 5 H, The Urban Rencival Plan Retrains in Effect. Except as expressly modified in this First Amendment, the Plan and the Attachments thereto remain in full force and effect. 4852-8358-8146.v. i FIRST AMENDMENT TO THE URBAN RENEWAL PLAN- 6 ATTACHMENT E: Resolution Establishing Urban Renewal Area RESOLUTION NO. 11-92 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, AMENDING RESOLUTION NO. 4-92 AND RESOLUTION 7-92 TO DEFINE THE GEOGRAPHIC BOUNDARIES OF THE URBAN RENEWAL AREA. Whereas, Resolution No. 4-92 declared the need for and created an Urban Renewal Area; and Whereas, Resolution No. 7-92 established the property lying within the Urban Renewal Area; and Whereas, the Public Hearing conducted by the City of Chubbuck held on October 27, 1992, demonstrated compelling reasons to delete the northern position of the urban renewal area as established by Resolution No. 7-92. NOW THEREFORE, be it resolved by the Mayor and the City of Chubbuck: The property lying within and including the area legally described on the attached Exhibit "A" is designated as the Urban Renewal Area and Revenue Allocation'District created by Resolution No. 4-92. Passed and approved by the Mayor and Council of the City of chubbuck this 27th day of October, 1992. CITY OF CHUBBUCK, a municipal corporation of Idaho BY: John O. Cotant, Jr., Mayor ATTEST: Ron Conlin, Clerk RESOLUTION NO. 11-92 page 1. E4h.41t Am CHUBBUCK DEVELOPMENT AUTHORITY Description of Project Area - Urban Renwal Boundary Beginning at a point in the City of Chubbuck, Bannock County Idaho, which point is at the intersection of the north right-of-way line of East Chubbuck Road and the west line of Section 2, T.6S. R.34E. Thence easterly along the north right-of-way line of East Chubbuck Road to the meridional centerline of said Section 2, Thence southerly to the north quarter corner of Section 11, T.6S. R.34E.; Thence southerly along the meridional centerline of Section 11,. to its intersection with the north right-of-way line of 1-86; Thence southwesterly along the north right-of-way line of 1-86 to the west right-of-way line of Hiline Road; me Thence northwesterly along the west right-of-way line of Hiline Road, 1177.78 feet; Thence westerly, 1153.56 feet to the east right-of-way line of Oregon Shortline. Railroad; Thence southeasterly along the east right-of-way line of Oregon Shortline Railroad to its intersection with the north right: - of -way line of 1-86; Thence westerly along the north right-of-way line of 1-86, 495 feet to its intersection with the.Stuart Lateral Canal; Thence southerly along the Stuart Lateral Canal and the Chubbuck Municipal Boundary to the northwest corner of Lot 7, Hurley Tracts Subdivision; Thence southwesterly approximately 80 feet to the northeast corner of lot 1 Berryman Tracts Subdivision; Thence northwesterly along the north boundary of lots I and 2 A of Berryman Tracts Subdivision; Thence southwesterly along the north boundary line of lots 2, 3, 4, and 5 of Berryman Tracts Subdivision to its intersection with the east right-of-way line of Yellowstone Avenue; Thence southerly along the east right-of-way line of Yellowstone Avenue to the south right-of-way line of Lou Avenue; Thence southeasterly along the east right of way line of Yellowstone Avenue in a curve to the east, 968.67 feet to the southeast corner Lot B of Berryman Tracts Subdivision; Thence southerly, 66 feet to the north right-of-way line of Quinn Road; Thence westerly along the north right-of-way line of Quinn Road to its intersection with the west right-of-way line of Hawthorne Road; Thence northerly along the west right-of-way line of Hawthorne Road to the north right-of-way line of 1-86; Thence westerly along the north right-of-way line of 1-86 to the west line of the E 1/2 of the NE 1/4 of Section 9 T.6S. R.34E.; Page I of K-L.J tie Thence northerly along the west line of the E 1/2 of the NW 1/4 of Section 9 to the E 1116 corner on the north line of Section 9 and the E 1116 corner on the south line of Section 4, T.6S. R. 34E; Thence northerly along the west line of the E 1/2 of the SE 1/4 of said Section 4* 702 feet, to the extended line of the North right-of-way line of Circle Inn Drive; Thence, easterly along said extended north right-of-way line of Circle Inn Drive 5779 feet to the East right-of-way line of Union Pacific Railroad. Thence southerly along the east right-of-way line of Union Pacific Railroad 677 feet to the north right-of-way line of East Chubbuck Road; Thence easterly along the north right-of-way line of East, Ch"bbuck Road to its intersection with the west line of Section 2,;' T.6S. R.34E., the point of beginning. Page 2 of 3 Below please find the legal descriptions for all parks in the City. The last includes Bicentennial, Bistline, Chase, Cotant, Kay, Marys, Stuart and Vera Armstrong parks. Bicentennial Park, more particularly described as, City Park Lot in Block 8 of Paradise Acres Subdivision. Bistline Park, more particularly described as, a parcel of land located in the NW 1/4 of Section 11 T6S., R34E., B.M. Bannock County, Idaho. It is more particularly described as follows; BEGINNING at the NW corner of Section 11; THENCE 584'54110"E 1160 feet; THENCE 50'02156"W 33 feet to the PUB; THENCE continuing S0'0215611W 142 feet; THENCE N89'54101"W 170 feet; THENCE N0'15'57"E 142 feet; THENCE S89'54101"E 170 feet to the POB; ADDITIONALLY park property includes City Park Lot in Block 4 of Hiline Heights Subdivision. Chase Park, more particularly described as, Lots 4 & 5 of Block 10 in Country Acres 4th Addition Subdivision. Cotant Park, more particularly described as a parcel of land located in the NE 1/4 of Section 9 T6S., R34E., B.M. Bannock County, Idaho. It is more particularly described as follows; BEGINNING at the NE corner of Section 9; THENCE N 89'54'W 525 feet; THENCE S0'211E 502 feet to the POB; THENCE continuing 50'211E 600 feet; THENCE N89'541W 450 feet; THENCE N45'0`W 250 feet; THENCE N89'541W 174.3 feet; THENCE N0'211W 423.53 feet; THENCE S89'S4'E 800 feet to the POB. Kay Park, more particularly described as, City Park Lot in Block 11 of the Heights Subdivision. Marys Park, more particularly described as, City Park Lot in Block 4 of Mountain Park Subdivision. Stuart Park, more particularly described as, City Park Lot in Block 2 of Stuart Subdivision. vera Armetrong Park, more particularly described as, City Park Lot in Block 5 of the Heights Subdivision. Page 3 of 3 RESOLUTION NO 1-93 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, AMENDING RESOLUTION NO. 4-92 AND RESOLUTION NO. 7-92 AND RESOLUTION NO. 11-92 TO DEFINE THE GEOGRAPHIC BOUNDARIES OF THE URBAN RENEWAL AREA. Whereas, Resolution No. 4-92 declared the need for and created an Urban Renewal Area; and Whereas, Resolution No. 7-92 established the property lying within the Urban Renewal Area; and Whereas, Resolution No. 11--92 revised the geographic boundaries establishing the property lying within the Urban Renewal Area; and Whereas, it has become necessary, at the request of Bannock County Assessor's office, to adjust the boundary of the Urban Renewal Area such that the boundary follows property lines and does not sever properties. NOW THEREFORE, be it resolved by the Mayor and the Council of the City of Chubbuck: The property lying within and including the area legally described on the attached Exhibit "A" is designated as the Urban Renewal Area and Revenue Allocation District created by Resolution No. 4-92. Passed and approved by the Mayor and Council of the City of Chubbuck this 19th day of January, 1993. CITY OF CHUBBUCK a municipal corporation of Idaho H s ohn 0. Cotant, Mayor ATTEST: Ron Conlin, Clerk RESOLUTION NO. 1-93 page 1. RESOLUTION NO 1-93 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, AMENDING RESOLUTION NO. 4-92 AND RESOLUTION NO. 7-92 AND RESOLUTION NO. 11-92 TO DEFINE THE GEOGRAPHIC BOUNDARIES OF THE URBAN RENEWAL AREA. Whereas, Resolution No. 4-92 declared the need for and created an Urban Renewal Area, and Whereas, Resolution No. 7-92 established the property lying within the Urban Renewal Area; and Whereas, Resolution No. 11-92 revised the geographic boundaries establishing the property lying within the Urban Renewal Area; and Whereas, it has become necessary, at the request of Bannock County Assessor's office, to adjust the boundary of the Urban Renewal Area such that the boundary follows property lines and does not sever properties. NOW THEREFORE, be it resolved by the Mayor and the Council of the City of Chubbuck: The property lying within and including the area legally described on the attached Exhibit "A" is designated as the Urban Renewal Area and Revenue Allocation District created by Resolution No. 4-92. Passed and approved by the Mayor and Council of the City of Chubbuck this 19th day of January, 1993. CITY OF CHUBBUCK a municipal corporation of Idaho BY• iifohn 0. Cotant, Mayor ATTEST: Ron Conlin, Clerk RESOLUTION NO. 1-93 page 1. CHUBBUCK DEVELOPMENT AUTHORITY Description of Project Area - Urban Renewal Area Beginning at a point in the City of Chubbuck, Bannock County Idaho, which point is at the intersection of the north right-of-way line of East Chubbuck Road and the west line of Section .2, T.6S.R.34E. Thence easterly along the north right-of-way line of East Chubbuck Road to the: meridional centerline of said Section 2, Thence southerly to the north quarter corner of Section 11, T.6S.R.34E.; Thence southerly along the meridional centerline of Section 11 to its intersection with the north right-of-way line of 1-86; Thence southwesterly along the north right-of-way line of I-86 to the west right-of-way line of Hiline Road; Thence northwesterly along the west right-of-way line of Hiline Road, 1177.78 feet; Thence westerly, 1153.56 feet to the east right-of-way line of Oregon Shortline Railroad; Thence southeasterly along the east right-of-way line of Oregon Shortline Railroad to its intersection with the north right- of-way line of 1-86; Thence westerly along the north right-of-way line of I-86, 495 feet to its intersection with the Stuart Lateral Canal; Thence southerly along the Stuart Lateral Canal and the Chubbuck Municipal Boundary to the northwest corner of Lot 7, Hurley Tracts Subdivision; Thence southwesterly approximately 80 feet to the northeast corner of lot 1 Berryman Tracts Subdivision; Thence northwesterly along the north boundary of lots 1 and 2 of Berryman Tracts Subdivision; Thence southwesterly along the north boundary line of lots 2, 3, 4, and 5 of Berryman Tracts Subdivision to its intersection with the east right-of-way line of Yellowstone Avenue; Thence southerly along the east right-of-way line of Yellowstone Avenue to the south right-of-way line of Lou Avenue, Thence southeasterly along the east right of way line of Yellowstone Avenue in a curve to the east, 968.67 feet to the southeast corner Lot 8 of Berryman Tracts Subdivision; Thence southerly, 66 feet to the north right-of-way line of Quinn Road; Thence westerly along the north right-of-way line of Quinn Road to its intersection with the west right-of-way line of Hawthorne Road; Thence northerly along the west right-of-way line of Hawthorne Road to the south right-of-way line of Bonanza Street; Thence southwesterly along the south right-of-way line of Bonanza Street to the west right-of-way line of Teton Street; Thence northerly along the west right-of-way line of Teton Street to the north right-of-way line of Victor Avenue; Thence westerly along the north right-of-way line of Victor Avenue to the southwest corner of lot 10, block 5 of Country Acres 1st Addition Subdivision; 1/5/93 Page 1 of 2 Thence northerly; along the west line of said lot 10 to the northwest corner of said lot 10, which is also the southwest corner of lot 24, block 3 of Country Acres Subdivision; Thence northerly, along the west line of said lot 24 to the northwest corner of said lot 24 and the south right-of-way line of West Chubbuck Road; Whence northerly, across west Chubbuck Road, to the north right-of-way line of West Chubbuck Road; Thence easterly along the north right-of-way line of West Chubbuck Road to the east right-of-way line of Afton Street; Thence northerly along the east right-of-way of Afton Street to the north line of Leslie Homes Subdivision; Thence easterly along the north line of Leslie Homes Subdivision 20 feet more or less to the southwest corner of Smith's Food King property; Thence northerly along the west boundary of the Smith's Food King property to the south right-of-way line of Circle Inn Drive; Thence northerly across Circle Inn Drive to the north right- of-way line of Circle Inn Drive; Thence easterly, along the north right-of-way line of Circle Inn Drive to the west right-of-way line of Yellowstone Avenue; Thence southerly along the west right-of-way line of Yellowstone Avenue to the north right-of-way line of West Chubbuck Road; Thence easterly, across Yellowstone Avenue to the north right-- of-way line of East Chubbuck road; Thence easterly along the north right-of-way line of East Chubbuck Road to its intersection with the west line of Section 2, T.6S.R.34E., the point of beginning. 1/5/93 Page 2 of 2 1)4 141.1)0 V1110 tj ol i 1 2000 URBAN RENEWAL, AREA Revised Boundary Description and Map JANUARY 5, 1993 au tL U T�: 14,fT7 ;1 1)4 141.1)0 V1110 tj ol i 1 2000 URBAN RENEWAL, AREA Revised Boundary Description and Map JANUARY 5, 1993 ATTACHMENT F: Description of the Amended Project Area and Amended Revenue Allocation Area Boundaries AWN Engineers . Surveyors • Planners 30158th St W. A`138 IYilliston, ND5880f + /70V 5T2.0f10 600E, Oak St. 4 FOtatello, 10=0f + (208J 234.01 f0 www.rmes.biz LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO. COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, SAID CORNER BEING MARKED BY AN ITD MONUMENT INSIDE A STANDARD CITY MONUMENT VAULT AS PER CORNER PERPETUATION AND FILING INSTRUMENT NUMBER 21510138; THENCE NORTH 89'58'20" WEST, ALONG THE SOUTH LINE OF SAID SECTION 10, A DISTANCE OF 0.74 FEET; THENCE NORTH 00'29'31" WEST A DISTANCE OF 25.00 FEET TO THE SOUTHEAST CORNER OF THE SHOPS AT PINE RIDGE SUBDIVISION RECORDED IN THE RECORDS OF BANNOCK COUNTY UNDER INSTRUMENT NUMBER 21514610, SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 89°58'20" WEST ALONG THE SOUTHERLY BOUNDARY LINE OF SAID SHOPS AT PINE RIDGE SUBDIVISION, A DISTANCE OF 217.99 FEET TO THE SOUTHWEST CORNER OF SAID SHOPS AT PINE RIDGE SUBDIVISION; THENCE NORTH 00°33'35" WEST ALONG THE WESTERLY BOUNDARY LINE OF SAID SHOPS AT PINE RIDGE SUBDIVISION, A DISTANCE OF 5.00 FEET TO THE SOUTHEAST CORNER OF THE PINE RIDGE MALL SUBDIVISION RECORDED IN THE RECORDS OF BANNOCK COUNTY UNDER INSTRUMENT NUMBER 657825; THENCE NORTH 89°58'20" WEST ALONG THE SOUTHERLY BOUNDARY LINE OF SAID PINE RIDGE MALL SUBDIVISION, A DISTANCE OF 472.47 FEET; THENCE NORTH 00°01'40" EAST A DISTANCE OF 101.00 FEET; THENCE NORTH 52'31'20" WEST A DISTANCE OF 316.61 FEET; THENCE SOUTH 45603'40" WEST A DISTANCE OF 24.59 FEET; THENCE NORTH 53'16'45" WEST A DISTANCE OF 76355 FEET; THENCE NORTH 53°20'23" WEST A DISTANCE OF 464.67 FEET, THENCE NORTH 00022'07" WEST A DISTANCE OF 291.11 FEET; THENCE SOUTH 89°59`36" WEST A DISTANCE OF 636.20 FEET TO A POINT ON THE EAST RIGHT- OF-WAY LINE OF HAWTHORNE ROAD; Focused on Solutions Civil Environmental a Transportation 4 Planning 4 Land Development 4 Municipal 4 Surveying THENCE NORTH 00°1.6'16" WEST, ALONG SAID EAST RIGHT-OF-WAY, A DISTANCE OF 50.00 FEET; THENCE LEAVING SAID EAST RIGHT-OF-WAY AND HEADING NORTH 89°59'39" EAST A DISTANCE OF 916.54 FEET; THENCE NORTH 00"00'58" EAST DISTANCE OF 1109.38 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 86; THENCE SOUTH 89'19'43" EAST, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 374.23 FEET; THENCE SOUTH 80°26'56" EAST A DISTANCE OF 254.59 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE AND HEADING SOUTH 37054'22" EAST A DISTANCE OF 827.89 FEET; THENCE SOUTH 4700000'° EAST A DISTANCE OF 57.14 FEET TO A POINT ON THE NORTH RIGHT- OF-WAY LINE OF BRENEMAN ROAD; THENCE SOUTH 89°57'19" EAST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 461.92 FEET TO A POINT ON THE WEST RIGHT -OF WAY LINE OF YELLOWSTONE AVENUE; THENCE SOUTH 00°02'41" WEST, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 50.00 FEET; THENCE SOUTH 00°01'27" WEST A DISTANCE OF 804.55 FEET; THENCE SOUTH 00°32'08" EAST A DISTANCE OF 272.40 FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF SAID SHOPS AT PINE SUBDIVISION; THENCE SOUTH 89'58'20" EAST, ALONG THE NORTHERLY BOUNDARY LINE OF SAID SHOPS AT PINE RIDGE SUBDIVISION, A DISTANCE OF 20.44 FEET TO THE NORTHEAST CORNER OF SAID SHOPS AT PINE RIDGE SUBDIVISION; THENCE SOUTH 00"29'31" EAST, ALONG THE EASTERLY BOUNDARY LINE OF SAID SHOPS AT PINE RIDGE SUBDIVISION, A DISTANCE OF 600.00 FEET TO THE POINT OF BEGINNING. Focused on Solutions �ORRfi , Civil 4 Environmental + Transportation 4 Planning 4 Land Devetapr»ent + Municipal + Surveying ATTACHMENT G: Amended Project Area Amended Revenue Allocation Area Boundary Map coact" PUN PON THE URBAN RENEWAL. AREA ........... ----------- Exhibit 2 NOTICE PUBLISHED IN THE Idaho State Journal, July 1 and 8, 2016 PROOF OF PUBLICATION STATE OF IDAHO County of Bannock LN 23528 KAREN MASON being first duly sworn on oath deposes and says: that SHE was at all times herein mention a citizen of the United States of America more than 21 years of age, and the Principal Clerk of the Idaho State Journal, a daily newspaper, printed and published at Pocatello, Bannock County Idaho and having a general circulation therein. That the document or notice, a true copy of which is attached, was published in the said IDAHO STATE JOURNAL, on the following dates, to - wit: Zulyjl 2016 July 2016 2uty_08 20l6_July 2016 _July 2016_July 2016 July 2016 July 2016 That said paper has been continuously and uninterruptedly published in said County for a period of seventy-eight weeks prior to the publication of said notice of advertisement and is a newspaper within the meaning of the laws of Idaho. STATE OF IDAHO! COUNTY OF BANNOCK On this 08th. of July in the year of 2016, before me, a Notary Public, personally appeared KAREN MASON Known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn declared that the statements therein are true, and acknowledge to me that he executed the same. NZhry of public a� Cr_ Residing at Arima exp. 3/312021 M ISAM MR KNOW MANN OV �AMI. T000mmiumof W. T1,rd t fisomm OgLw V, mmm . 1ECT AB D�1l1�,9l�Mtlfttfiiq�ltll . trisAa 5y r L MOW Ole - i g 4 ffil'm�mtl Mul, k; n as 00 t�/I�t �h� �r � jy�.�y - Ii�+.��a � if6M p► #i�rk� �f��i1�.�d!!!I[RE. n�tlVgiYf�'iilY �Wn+N�kiG}'�V/.�t{1 GiWs�^I4�t i� Ilfi�� ttit. ttl #fifi� �1F/� F #f �lt� 9#til�FiN� �(i4�li��$ {}'� t �►%i4 � n�ifUtij d,ll9, t G �SS28 Exhibit 3 RESOLUTION OF THE CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION RELATING TO THE FIRST AMENDMENT TO THE URBAN RENEWAL PLAN RESOLUTION OF THE CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION RELATING TO THE FIRST AMENDMENT TO THE URBAN RENEWAL PLAN CHUBBUCK DOWNTOWN IMPROVEMENT PROJECT FOR THI'w CHUBBUCK DEVELOPMENT AUTHORITY FOR THE CITY OF CHUBBUCK WHERE the Chubbuck Urban Renewal Agency d/b/a the Chubbuck Development Authority (hereinafter "Agency") has submitted a proposed First Amendment to the Urban Renewal Plan entitled "First Amendment to the Urban Renewal Plan Chubbuck Downtown Improvement Project for the Chubbuck Development Authority" (the "First Amendment ") to the City of Chubbuck, and the City Council, tluough the Mayor, referred the First Amendment to the Chubbuck Land Use and Development Commission for review and recommendations concerning the conformity of said First Amendment with the Comprehensive Plan known as the City of Chubbuck Comprehensive Plan (the "Comprehensive Plan"); and WHEREAS, the staff of the Land Use and Development Commission has reviewed said First Amendment and has determined that it is in all respects in conformity with the Comprehensive Plan; and WHEREAS, the Chubbuck Land Use and Development Commission met on July 12, 2016, to consider the First Amendment; and WHEREAS, the Chubbuck Land Use and Development Commission has reviewed said First Amendment in view of the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE LAND USE AND DEVELOPMENT COMMISSION OF THE CITY OF CHUBBUCK, IDAHO: Section 1. That the First Amendment, submitted by the Chubbuck Development Authority and referred to this Commission by the City Council for review, is in all respects in conformity with the Comprehensive Plan. Section 2. That the Chairman of the Land Use and Development Commission by and hereby is authorized and directed to provide the Chubbuck City Council with a certified copy of this Resolution relating to said First Amendment. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED by the Land Use and Development Commission of the City of Chubbuck, Idaho, this 124' day of July 2016. Vice-Chaff n, Land Useand -Develop6ient Commission 4844.7526-1236, v. i Exhibit 4 SUMMARY OF ORDINANCE NO, 7631 918-6169-7589. v. 3 CITY OF CHUBBUCK SUMMARY OF ORDINANCE NO. 758 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHUBBUCK, IDAHO, APPROVING THE FIRST AMENDMENT TO THE URBAN RENEWAL PLAN CHUBBUCK DOWNTOWN IMPROVEMENT PROJECT, WHICH FIRST AMENDMENT SEEKS TO DEANNEX CERTAIN PARCELS FROM THE EXISTING 1992 PROJECT AREA; WHICH FIRST AMENDMENT AMENDS A PLAN THAT 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 OTHER TAXING ENTITIES; APPROVING THE SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK: SECTION 1: The First Amendment (the "First Amendment") to the Urban Renewal Plan Chubbuck Downtown Improvement Project (the "Plan") is attached to Ordinance No.758 as Exhibit 1 and is made a part of the Ordinance and is approved. The City Clerk and/or the Urban Renewal Agency for the city of Chubbuck d/b/a the Chubbuck Development Authority (the "Agency") may make certain technical corrections or revisions in keeping with the information and testimony presented at the August 3, 2016, hearing. A Summary of the First Amendment is set forth below. The full text of the Ordinance, the First Amendment and the Plan is available at the offices of the City Clerk, located at the Chubbuck City Hall, 5160 Yellowstone Avenue, Chubbuck, Idaho 83202. SECTION 2: No direct or collateral action challenging the First Amendment shall be brought prior to the effective date of this Ordinance or after the elapse of thirty (30) days from and after the effective date of this Ordinance adopting the First Amendment. SECTION 3: Upon the effective date of this Ordinance, 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 25, Portneuf Free Library, Bannock County Road & Bridge, Bannock County Ambulance, Mosquito Abatement, and the State Tax Commission a copy of this Ordinance, a copy of the legal description of the boundary of the deannexed area, and a map or plat indicating the boundaries of the parcels to be deannexed from the existing Project Area. SUMMARY OF ORDINANCE 758 - SECTION 4: This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2016, to the extent permitted by the Law and the Act, with the existing remaining Project Area maintaining its base assessment roll as of January 1, 1992. SECTION 5: The City Council hereby finds and declares the equalized assessed valuation of the Revenue Allocation Area, as defined in the IGA, is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Plan. SECTION 6: 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 remaining portions of this Ordinance. SECTION 7: At least one-half plus one of the City Council members finding good cause, the City Council hereby dispenses with the rule that this Ordinance be read on three different days, two readings of which shall be in full, and have hereby adopted this Ordinance, having considered it at one reading. SECTION 8: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 4, is hereby approved. SECTION 9: All ordinances, resolutions, orders, or parts thereof in conflict herewith are hereby repealed, rescinded, and annulled. SECTION 10: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. 2016. 2016. PASSED by the City Council of the City of Chubbuck, Idaho, on this 3rd day of August, APPROVED by the Mayor of the City of Chubbuck, Idaho, on this 3rd day of August, EXHIBITS TO THE ORDINANCE Exhibit I First Amendment to the Urban Renewal Plan, Chubbuck Downtown Improvement Project Exhibit 2 Notice Published in the Idaho State Journal, July I and 8, 2016 Exhibit 3 Resolution of the Chubbuck Land Use and Development Commission Relating to the First Amendment to the Urban Renewal Plan Exhibit 4 Ordinance Summary SUMMARY OF ORDINANCE 758 - SUMMARY OF FIRST AMENDMENT The First Amendment to the Plan was prepared by the Agency pursuant to the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law"), the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act"), and all applicable laws and ordinances and was approved by the Agency. The First Amendment seeks to deannex certain parcels from the existing Project Area. The First Amendment being considered for adoption contains a previously adopted revenue allocation financing provision pursuant to the Act that will continue to cause property taxes resulting from any increases in equalized assessed valuation in excess of the equalized assessed valuation on the parcels remaining in the existing Project Area as shown on the original base assessment roll as of January 1, 1992, for the original 1992 Project Area, as subsequently amended in 1998 pursuant to the terms of that certain Intergovernmental Agreement with Respect to the Chubbuck Development Authority and its Urban Renewal Plan (the "IGA"), that will continue to be allocated to the Agency for urban renewal purposes. The general scope and objective of the First Amendment is the deannexation of certain parcels from the boundaries of the existing Project Area. The First Amendment shall deannex the following parcels from the existing Project Area, generally described as follows: The area to be deannexed from the existing Project Area generally includes the Pine Ridge Mall Subdivision, the Pine Ridge Mall First Addition, and the Shops at Pine Ridge Subdivision. The Project Area is generally bounded by Yellowstone Avenue on the east, Quinn Road on the south, continuing along the drainage ditch on the west, and Interstate 86 on the north. The legal description of the area to be deannexed is mor fully set forth in Ordinance No. 758. The deannexation of certain parcels from the existing Project Area is also depicted in the map below with the deannexed parcels shaded purple. SUMMARY OF ORDINANCE 758 - ATTACHMENTS TO THE FIRST AMENDMENT, AS AMENDED Attachment E Supplemented to include Chubbuck City Council Resolutions Nos. 11-92, dated October 27, 1992, and 1-93, dated January 19, 1993 Attachment F Description of the Amended Project Area and Amended Revenue Allocation Area Boundaries Attachment G Amended Project Area —Amended Revenue Allocation Area Boundary Map SUMMARY OF ORDINANCE 758 - The full text of Ordinance No. 758, the First Amendment, and the Plan is available at the offices of the City Clerk located at the Chubbuck City Hall, 5160 Yellowstone Avenue, Chubbuck, Idaho 83202. A modified version of this summary was approved by the Chubbuck City Council at its meeting of August 3, 2016. I, Thomas Holmes, City Attorney for the City of Chubbuck, Idaho, declare that in my capacity as City Attorney of the City of Chubbuck, pursuant to Idaho Code Section 50-901A(3) of the Idaho Code as amended, and I hereby certify that I have reviewed a copy of the above Summary of Ordinance, have found the same to be true and complete, and provide adequate notice to the public of the contents, including the exhibits, of Ordinance o. 758. DATED this 3rd day of August, 2016. Attorney, City of Chubbuck, Idaho SUMMARY OF ORDINANCE 758 - City of Chubbuck August 25, 2016 SEPARATE LETTERS TO THE STATE TAX COMMISSION, THE BANNOCK COUNTY AUDITOR, THE RECORDER OF BANNOCK COUNTY, AND BANNOCK COUNTY ASSESSOR RE: First Amendment to the Urban Renewal Plan — Chubbuck Downtown Improvement Project As provided for under Idaho Code Sections 50-2907 and 63-215, and Rule 225 of the Property Tax Administrative Rules IDAPA 35.01.03.225.02, you are being provided copies of the following recorded documents for filing: 1. Chubbuck Ordinance No. 758 and Summary of Ordinance No. 758 (without exhibits or attachments) approving the First Amendment ("First Amendment') to the Urban Renewal Plan — Chubbuck Downtown Improvement Project ("1992 Project Area"), which plan contains a revenue allocation area. The City Council approved the Ordinance at its meeting of August 3, 2016. The Mayor signed the Ordinance on August 3, 2016. Publication of the Ordinance occurred on August 1.9, 2016. 2. A legal description of the boundaries of the area deannexed from the existing 1992 Project Area/revenue allocation area of record with the State Tax Commission. 3. A map showing the boundaries of the area deannexed from the existing 1992 Project Area/revenue allocation area of record with the State Tax Commission. Please file these documents in your official records. Please be advised that the contact person for the Chubbuck Development Authority is Thomas Holmes, Chubbuck City Attorney, P.O. Box 967, Pocatello, Idaho, 83204, 208-232- 5911. Should you desire a copy of the entire First Amendment and its attachments, copies can be obtained from Rich Morgan, City Clerk, Chubbuck, Idaho 83202. Sincerely, Richard Morgan, City Clerk Enclosures cc: Thomas Holmes Ryan P. Armbruster 4833-7941-9702, v. 1