HomeMy WebLinkAbout08 19 2016 Ord. 758CITY OF CHUBBUCK
SUMMARY OF ORDINANCE N0, 758
IDAHO STATE JOURNAL
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 1002 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 $TATE 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 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
revislons In keeping with the Information and testimony presented at the August 3, 2015, 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 Ordl-
nance 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 26, Portneul 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 descrip-
tion 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 extant permitted by the Law and the Act, with the existing remaining Project Area maintaining Its base
assessment roll as of January 1, 1982.
SECTION 5: The City Council hereby finds and declares the equalized assessed valuation of the Revenue Allocation Area, as deflned
In the IGA, Is likely to Increase as a result of the initiation and completion of urban renewal projects pursuant to the Plan.
ECTLON 6: The provisions of this Ordinance are severable, and If any provision of this Ordinance or the application of such provi-
sion 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,
SEGTION 8: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 4, is hereby approved,
SECTION 0: All ordinances, resolutions, orders, of parts thereof in conflict herewith are hereby repealed, resclnded, 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.
Exhibit 1 First Amendment to the Urban Renewal Plan, Chubbuck Downtown Improvement Project
Exhibit 2 Notice Published in the Idaho State Journal, July 1 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
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 exist-
ing 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
eoualized assessed valuation on the parcels remaining in the existing Proiect Area as shown on the orioinal base assessment roll as of
January 1, 190', 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 Mail 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.
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ATTACHMENTS TO THE FIRST AMENDMENTS AMEbWE0
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
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 Chub -
buck City Ball, 5160 Yellowstone Avenue, Chubbuck, Idaho 83202.
A modified version of this summary was approved bythe 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 Chub -
buck, 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.
Isl Thomas Holmes
City Attorney, City of Chubbuck, Idaho
IDAHO STATE JOURNAL
CITY OF CHUBBUCK
SUMMARY OF ORDINANCE NO. 759
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHUBBUCK, IDAHO, APPROVING THE PINE RIDGE MALL URBAN RENEWAL AREA I
ENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER RE
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:
SECTION 1: It is hereby found and determined that:
(a)
(b)
(c)
(d)
(e)
The Project Area as defined In the Pine Ridge Mall Urban Renewal Area and Improvement Plan (the "2016 Pine Ridge Mall Plan"), the boundar
in the Deterioration Study, is a deteriorated or a deteriorating area as defined in the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Id
Chapter 29, Title 50, Idaho Code, as amended (the "Act") and qualities as an eligible urban renewal area under the Law and Act. A Summary o
and the 2016 Pine Ridge Mall Plan are available at the offices of the City Clerk, located at the Chubbuck City Hall, 5160 Yellowstone Avenue, Cl
The rehabilitation, conservation, and redevelopment of the urban renewal area pursuant to the 2016 Pine Ridge Mall Plan are necessary and it
There continues to be a need for the Agency to function in the City.
The 2016 Pine Ridge Mall Plan conforms to the Comprehensive Plan.
The 2016 Pine Ridge Mall Plan gives due consideration to the provision of adequate park and recreation areas and facilities that may be desirE
of the 2016 Pine Ridge Mall Plan and the need for overall public improvements) and shows consideration for the health, safety, and welfare of
covered by the 2016 Pine Ridge Mall Plan.
The 2016 Pine Ridge Mall Plan affords maximum opportunity consistent with the sound needs of the City as a whole for the rehabilitation and
Pursuant to Idaho Code §§ 50.2007(h) and 50-2008(d)(1), the 2016 Pine Ridge Mall Plan provides a feasible method for relocation obllgatior
relocation.
The collective base assessment roll for the revenue allocation area under the 1992 Plan, considering the Intergovernmental Agreement with P
" tGA"), dated November 23, 1998, which reduced the size of the revenue allocation area, and as amended by the First Amendment to the 199
exceed ten percent (10%) of the assessed value of the City.
The 2016 Pine Ridge Mall Plan includes the requirements set out in Idaho Code § 50-2905.
The 2016 Pine Ridge Mall Plan is sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopmen
urban renewal area, zoning and planning changes, if any, land uses, maximum densities, building requirements, and any method or methods
provisions.
The urban renewal area, which includes the deteriorating area, as defined In Idaho Code section 50-2018(9), does not include any agricultura
The portion of the Project Area which is identified for non-fesidential uses Is necessary and appropriate to facilitate the proper growth and de
to overcome economic disuse, the need for improved traffic patterns, and the need for the correlation of this area with other areas of the City
SECTION 2: The City Council finds that the 2016 Pine Ridge Mall Plan meets the sound needs of the City and will provide opportunities in an area that doe
appropriate to facilitate the proper growth and development standards in accordance with the objectives of the Comprehensive Plan, as may be amended, to overcome
relation of this area with other areas of the City.
SECTION 3: The 2016 Pine Ridge Mall Plan, a copy of which is attached hereto and marked as Exhibit 3 and made a part hereof by attachment, be, and 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 ci
SECTION 4: No &ect or collateral action challenging the 2016 Pine Ridge Mall Plan shall be brought prior to the effective date of this Ordinance or after th
adopting the 2016 Pine Ridge Mali Ptan.
SECTION 5: Upon the effective date of this Ordinance, the City Clerk is authorized and directed to transmit to the County Auditor and Tax Assessor of Bann
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 tt
SECTION 6: The City Council hereby finds and declares the equalized assessed valuation of the Revenue Allocation Area, as defined in the 2016 Pine Ridge
renewal projects pursuant to the
2016 Pine Ridge Mall Plan.
SECTION 7: The City Council hereby approves and adopts the following statement policy relating to the appointment of City Council members as members
pointed to the Board, they are not acting
in an ex officio capacity but, rather, as private citizens who, although they are also members of the City Council, are exercising their Independent judgment as private ci
Board members and to adopt the
2016 Pine Ridge Mall Plan, the City Council recognizes that it has no power to control the powers or operations of the Agency.
SECTION 8: So long as any Agency bonds, notes or other obligations are outstanding, the City Council will not exercise its power under Idaho Code § 50-f
SECTION 9: So long as any Agency bonds, notes or other obligations are outstanding, the City Council will not modify the 2016 Pine Ridge Mall Plan in a
the year modification occurs as further set forth in the Act.
SECTION 10: This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1,
SECTION 11: The provisions of this Ordinance are severable, and if any provision of this Ordinance or the application of such provision to any person or c
validity of remaining portions of this
Ordinance.
SECT)ON 12: At least one-half plus one of the City Council members finding good cause, the City Council hereby dispenses with the rule that this Ordinan
hereby adopted this Ordinance,
having considered it at one reading.
SECTJQN 15: The Summary of this Ordinance, a copy of which Is attached hereto as Exhibit 5, is hereby approved.
SECTION 14: All ordinances, resolutions, orders, or parts thereof in conflict herewith are hereby repealed, rescinded, and annu#led.
SECTION 15: 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.
Exhibit 1
EXHIBITS TO THE ORDINANCE
Notice Published in the Idaho State Journal
Exhibit 2
Resolution of the Chubbuck Land Use and Development Commission Relating to the Pi
Improvement Plan for the Chubbuck Development Authority
Exhibit 3
Pine Ridge Mall Urban Renewal Area and Improvement Plan
Exhibit
Ordinance Summary
SUMMARY Of -201I PINE RIDGE MALL PLAN
The 2016 Pine fudge Mall Plan was prepared by the Agency pursuant to the Law, the Act, and all applicable laws and ordinances and was approved by ihl
urban renewal projects pursuant to the Law and the Act. The 2016 Pine Ridge Mall Plan contains a revenue allocation financing provision pursuant 10 the Aot that will
excess of the equalized assessed valuation as shown on the original base assessment roll as of January 1, 2016, to be allocated to the Agency for the urban renewal p
The general scope and objectives of the 2016 Pine Ridge Mall Plan are:
improvements to roadways, parking and traffic signals; sidewalk, curb and gutter improvements; improvements to public utilities including water a
improvements (including public buildings and facilities); removal, burying, or relocation of overhead utilities; extension of electrical distribution lin'
improvement of storm drainage facilities; and environmental remediation of brownfield sites;
To facilitate proper growth and development in accordance with sound planning principles and local objectives by ancouragtng private developmen
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�we� improve tne racal ecorforrty W providtn9 adequate -p
To accomplish plan goals In accordance with all apprcprlate federal, State, and lona! laws
Any such land uses as described in the 2016 Pine Ridge Mall Plan will be in conformance with zoning for the City and the Comprehensive Plan, as adopta
or public agencies as authorized by law. The 2016 Pine Ridge Mall Plan identifies various public and private improvements which may be made within the Project Are
The Project Area herein referred to is located generally as follows:
An area consisting of approximately the Pine Ridge Mail Subdivision, the Pine Ridge Mah First Addition, and the Shops at Pine Ridge Subdivision. The Pr
on the east, Quinn Road on the south, continuing along the drainage ditch on the west, and Interstate 86 on the north.
The legal descrlpiion of the 2016•Pine Ridge Mail Plan revenue allocation area is fully set forth in Ordinance No. 759.
The Project Area is also depicted fn the map below.
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disposition. Section III specifically describes the proposed redevelopment actions, participation opportunities and agreements, cooperation with public bodies, proper
The 2016 Pine Ridge Mall Plan also contains an economic feasibility study. Among other sources, the 2016 Pine Ridge Mall Plan will utilize revenue alloc,
allocation financing and show how such financing has worked and would work in the Project Area in the future if certain new private developments occur as estimated
Increases in assessed valuation of real and personal property In the Project Area that occur after January 1, 2016, will generate revenue for the Agency to
enhancements, utility upgrades, site preparation, environmental remediation, and other public improvement costs. The assessed vafuatlon of real and personal proper
School District 25, Portnauf Free Library, Bannock County Read & Bridge, Bannock County Ambulance, and Mosquito Abatement to finance their operations: The 201E
project casts using revenue allocation funds.
The program outlined in the 2016 Pine Ridge Mall Plan emphasizes the installation of needed public improvements, street Improvements, utility work, an(
Attachments 6-8 describe in detail the cost and financing methods for complete repayment of the developer investment in the Project and to also fund the
No change In the land use designation or the potential uses in the area have been proposed. The 2016 Pine Ridge Mall Pian follows the underlying zoning
The duration of the 2016 Pine Ridge Mall Plan is for twenty (20) years. A termination date is set forth in Section Vf of the 2016 Pine Ridge Mall Plan. The
during the previous year.
Attachment 1: Resolution of the City Council Designating the Urban Renewal Area
Attachment 2: Revenue Allocation Area Map
Attachment 3: Revenue Allocation Area Legal Description
Attachment 4: Recommendation of Chubbuck Land Use and Development Commission
Attachment 5: Projected Construction Costs
Attachment 6: Current Assessed Valuation and Mili Rate and Projected Assessed Value Increase
Attachment 7: Twenty Year Revenue Projection
Attachment 8: Estimated Twenty Year Revenue to Affected Taxing Districts
Attachment 9: Site Map Showing Location of All Proposed Public Works Projects
Attachment 10: Notice of Public Hearing
Attachment 11: City Council Ordinance No, 759 Approving the Urban Renawai Pfan
The full text of Ordinance No. 759 and the 2016 Pine Ridge Mall Plan art available at the offices of the City Clerk located at the Chubbuck City Hall, 5160 Yellowstone I
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, hereby declare and certify that in my capacity as City Attorney of the City of Chubbuck, l
reviewed a copy of the above Summary of Ordinance, have found the same to be true and complete, and said Summary of Ordinance provides adequate notice to the i
DATED this 3rd day of August 2016,
LV-11was Holmes
City Attorney, City of Chubbuck, Idaho
.PROOF OF PUBLICATION
STATE OF IDAHO
County of Bannock
LN 23646 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:
_Aug._19_2016 Aug. 2016
Aug. 2016 Aug. 2016
_Aug. 2016 Aug. 2016
_Aug. 2016 Aug. 20106
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 � .M Ate"
COUNTY OF BANNOCK
On this 19th. of Aug. 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.
Notary of Public �-e��J��
.�
Residing at Pocatello exp. 7/20/2021