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0782 Transfer of Powers,J 1-. 21906872 Iro A CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 7 8 Z. TRANSFER OF POWERS ORDINANCE: AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADOPTING FINDINGS ON THE NECESSITY OF THE URBAN RENEWAL PLAN; PROVIDING THE CITY OF POCATELLO WITH THE RIGHT, POWER, AUTHORITY, AND OBLIGATION TO ADMINISTER THE URBAN RENEWAL AREA PURSUANT TO CHAPTERS 20 AND 29, TITLE 50, IDAHO CODE, AS AMENDED; GRANTING THE REVENUE ALLOCATION PROCEEDS DERIVED FROM THE POCATELLO REVENUE ALLOCATION AREA LYING WITHIN THE CITY LIMITS OF THE CITY OF CHUBBUCK TO THE POCATELLO URBAN RENEWAL AGENCY ALSO KNOWN AS THE POCATELLO DEVELOPMENT AUTHORITY; ADOPTING THE INTERGOVERNMENTAL AGREEMENT IMPLEMENTING THIS ORDINANCE; AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT AND SUCH OTHER AND FURTHER DOCUMENTS AS MAY BE NECESSARY TO CARRY OUT THE INTENT OF THIS ORDINANCE. WHEREAS, that this Ordinance is adopted to approve and confirm the duties, roles, and responsibilities of the City of Pocatello, Idaho, the Pocatello Urban Renewal Agency also known as the Pocatello Development Authority (the "Agency"), and the City of Chubbuck, Idaho (the "City") for that portion of the revenue allocation area, as defined and described in the proposed Urban Renewal Plan for the Northgate Urban Renewal Project, lying outside the corporate boundaries of the City of Pocatello as illustrated in Exhibit 1 and to transfer power as provided in Idaho Code Section 50-2906(3)(b) and the necessary declaration set forth in Idaho Code Section 50-2018(18); WHEREAS, the Agency obtained an eligibility report, dated January 2018 (the "Report"), which examined an area of operation of the City of Pocatello, in an area known as the Northgate Area, which area also included real property located within unincorporated Bannock County, for the purpose of determining whether such area was a deteriorating area or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the Agency, on January 17, 2018, adopted Resolution No. 2018-1 accepting the Report and authorizing the Chairman of the Agency to transmit the Report to the Pocatello City Council requesting its consideration for designation of an urban renewal area and requesting the Pocatello City Council to direct the Agency to prepare an urban renewal plan for the Northgate Area, which plan may include a revenue allocation provision as allowed by law; WHEREAS, Idaho Code Section 50-2018(18) states that an urban renewal agency cannot exercise jurisdiction over any area outside the city limits without the approval of the other city or county declaring the need for an urban renewal plan for the proposed area; WHEREAS, the Agency also authorized the transmittal of the Report to the Bannock County Board of County Commissioners for purposes of obtaining a resolution accepting the Report and determining such area outside the boundaries of the City of Pocatello to be a deteriorated area and/or a deteriorating area and appropriate for an urban renewal project; ORDINANCE NO. 78`2- -1 2190687? ,y WHEREAS, the Report was submitted to the Bannock County Board of County Commissioners, and the Bannock County Board of County Commissioners were asked to adopt a resolution finding the need for an urban renewal project for the proposed Northgate Area; WHEREAS, the Bannock County Board of County Commissioners adopted the Agency's findings concerning the proposed Northgate Area by adopting Resolution No. 2018-23 on February 13, 2018; WHEREAS, the Pocatello City Council, by Resolution No. 2018-03, dated February 15, 2018, declared the Northgate Area described in the Report to be a deteriorated area and/or a deteriorating area as defined by Chapters 20 and 29, Title 50, Idaho Code, as amended, that such area is appropriate for an urban renewal project, that the Bannock County Board of County Commissioners adopted the necessary resolutions and directed the Agency to commence preparation of an urban renewal plan; WHEREAS, the Agency prepared the Urban Renewal Plan for the Northgate Urban Renewal Project (the "Northgate Plan") and the urban renewal area referred to as the Northgate Project Area ("Project Area" or "Revenue Allocation Area") for the area designated as eligible for urban renewal planning; WHEREAS, the Northgate Plan also contains the provisions of revenue allocation financing as allowed by the Act; WHEREAS, the Agency Board on December 19, 2018, adopted Resolution No. 2018-03 proposing and recommending the Northgate Plan; WHEREAS, the City annexed into its corporate limits a section of the Project Area, which annexation was final after December 19, 2018, but on or before December 31, 2018 (the "Chubbuck Annexation"); WHEREAS, the Agency, by letter of transmittal dated January 9, 2019, submitted the Northgate Plan to the Mayor of the City of Pocatello and the Pocatello City Council; WHEREAS, the Mayor of the City of Pocatello and the Pocatello City Council are taking the necessary action to process the Northgate Plan consistent with the requirements set forth in Idaho Code Section 50-2906 and Idaho Code Section 50-2008; WHEREAS, as a result of the Chubbuck Annexation, Idaho Code Section 50-2906(3)(b) and Idaho Code Section 50-2018(18) contemplate an agreement between the City and the City of Pocatello, governing administration of a revenue allocation financing provision for any area extending beyond the City of Pocatello's municipal boundary but within the city limits of the City, and such agreement must be formalized by a transfer of powers ordinance adopted by the City Council; WHEREAS, as a result of the Chubbuck Annexation, there are certain properties within the Northgate Plan and Project Area which extend beyond the City of Pocatello's municipal boundaries and into the City's municipal boundaries; ORDINANCE NO. %SZ - 2 21906872 WHEREAS, the Mayor and City Council deem it expedient and in the best interests of the City of Chubbuck to establish and enter into an Intergovernmental Agreement for Roles and Responsibilities under Idaho Code Section 50-2906(3)(b) between the City of Chubbuck and the City of Pocatello, to confirm the consent of the City of Chubbuck, under Idaho Code Section 50- 2018(18), and to assure compliance with the Act and Law. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1: That the above statements are true and correct. Section 2: That the City Council of the City of Chubbuck, after reviewing the Northgate Plan delivered to the City on January 23, 2019, finds: (a) the Northgate Plan and Project Area is eligible under the statutory criteria and is appropriate for an urban renewal project; and (b) the City of Pocatello has the authority to proceed with the creation of the Northgate Plan and Project Area after the adoption of this Ordinance by the City Council of the City of Chubbuck. Section 3: That the City Council of the City of Chubbuck, after reviewing the Northgate Plan delivered to the City on January 23, 2019, supports the findings in the Northgate Plan that: (a) the adjusted base assessed values of all existing revenue allocation areas within the City of Pocatello do not exceed ten percent of the current assessed taxable value of the City of Pocatello; (b) the proposed Northgate Plan and Project Area is financially feasible given the assumptions used in the Northgate Plan; and (c) the required consents from the owners of agricultural operation lands within the Project Area have been given. Section 4: The revenue allocation proceeds from areas lying within the boundaries of the Northgate Plan and Project Area shall be devoted to the statutory purposes as described in the Northgate Plan and as authorized by the Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended, and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code. Section 5: That the Intergovernmental Agreement for Roles and Responsibilities Under Idaho Code §50-2906(3)(b) (the "Agreement') attached hereto as Exhibit A, is incorporated herein and made a part hereof by reference and is hereby approved and accepted. Section 6: That the Mayor is hereby authorized to sign and enter into the Agreement, and to execute any further documents necessary to carry out the intent of the City Council as expressed in this Ordinance and in the Agreement. A copy of this Ordinance and the attached Agreement shall be held on file in the office of the City Clerk. Section 7: Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 8: Severability. The sections of this Ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. ORDINANCE NO. 7e2- -3 -- -- 219068769W Section 9: Effective Date. The rule requiring an Ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this Zoe day of �,e- b ry o,, , 2019. /) B. England, ATTEST: A4�4� Richard Morgan, CoClerk 4812-6345-6645, v. 3 CITY OF CHUBBUCK 2 1 g0b812 2519 MAY 23 A10:II ORDINANCE NO. -7 - 4 5.5 ... 21906870210 SUMMARY OF ORDINANCE NO. 782 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho; providing for the repeal of conflicting ordinances; adopting findings on the necessity of the Urban Renewal Plan for the Northgate Urban Renewal Project; providing the City of Pocatello with the right, power, authority, and obligation to administer the Urban Renewal Area pursuant to chapters 20 and 29, Title 50, Idaho Code, as amended; granting the revenue allocation proceeds derived from the Pocatello Revenue Allocation Area lying within the city limits of the City of Chubbuck to the Pocatello Urban Renewal Agency also known as the Pocatello Development Authority; adopting the Intergovernmental Agreement implementing this ordinance and authorizing the Mayor to sign the agreement and such other and further documents as may be necessary to carry out the intent of this ordinance; providing for the severability of the provisions of this ordinance; providing when this ordinance shall be in effect. The full text of this ordinance is available a the City Clerk's Office, Chubbuck city Office, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 782 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this 2.1 day of February, 2019. SUMMARY OF ORDINANCE - PAGE 1 chubbuck022119.ordinance CITY OF CHUBBUCK, IDAHO ORDINANCE NO. '78Z TRANSFER OF POWERS ORDINANCE: AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADOPTING FINDINGS ON THE NECESSITY OF THE URBAN RENEWAL PLAN; PROVIDING THE CITY OF POCATELLO WITH THE RIGHT, POWER, AUTHORITY, AND OBLIGATION TO ADMINISTER THE URBAN RENEWAL AREA PURSUANT TO CHAPTERS 20 AND 29, TITLE 50, IDAHO CODE, AS AMENDED; GRANTING THE REVENUE ALLOCATION PROCEEDS DERIVED FROM THE POCATELLO REVENUE ALLOCATION AREA LYING WITHIN THE CITY LIMITS OF THE CITY OF CHUBBUCK TO THE POCATELLO URBAN RENEWAL AGENCY ALSO KNOWN AS THE POCATELLO DEVELOPMENT AUTHORITY; ADOPTING THE INTERGOVERNMENTAL AGREEMENT IMPLEMENTING THIS ORDINANCE; AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT AND SUCH OTHER AND FURTHER DOCUMENTS AS MAY BE NECESSARY TO CARRY OUT THE INTENT OF THIS ORDINANCE. WHEREAS, that this Ordinance is adopted to approve and confirm the duties, roles, and responsibilities of the City of Pocatello, Idaho, the Pocatello Urban Renewal Agency also known as the Pocatello Development Authority (the "Agency"), and the City of Chubbuck, Idaho (the "City") for that portion of the revenue allocation area, as defined and described in the proposed Urban Renewal Plan for the Northgate Urban Renewal Project, lying outside the corporate boundaries of the City of Pocatello as illustrated in Exhibit 1 and to transfer power as provided in Idaho Code Section 50-2906(3)(b) and the necessary declaration set forth in Idaho Code Section 50-2018(18); WHEREAS, the Agency obtained an eligibility report, dated January 2018 (the "Report"), which examined an area of operation of the City of Pocatello, in an area known as the Northgate Area, which area also included real property located within unincorporated Bannock County, for the purpose of determining whether such area was a deteriorating area or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the Agency, on January 17, 2018, adopted Resolution No. 2018-1 accepting the Report and authorizing the Chairman of the Agency to transmit the Report to the Pocatello City Council requesting its consideration for designation of an urban renewal area and requesting the Pocatello City Council to direct the Agency to prepare an urban renewal plan for the Northgate Area, which plan may include a revenue allocation provision as allowed by law; WHEREAS, Idaho Code Section 50-2018(18) states that an urban renewal agency cannot exercise jurisdiction over any area outside the city limits without the approval of the other city or county declaring the need for an urban renewal plan for the proposed area; WHEREAS, the Agency also authorized the transmittal of the Report to the Bannock County Board of County Commissioners for purposes of obtaining a resolution accepting the Report and determining such area outside the boundaries of the City of Pocatello to be a deteriorated area and/or a deteriorating area and appropriate for an urban renewal project; ORDINANCE NO. 7$`Z - I WHEREAS, the Report was submitted to the Bannock County Board of County Commissioners, and the Bannock County Board of County Commissioners were asked to adopt a resolution finding the need for an urban renewal project for the proposed Northgate Area; WHEREAS, the Bannock County Board of County Commissioners adopted the Agency's findings concerning the proposed Northgate Area by adopting Resolution No. 2018-23 on February 13, 2018; WHEREAS, the Pocatello City Council, by Resolution No. 2018-03, dated February 15, 2018, declared the Northgate Area described in the Report to be a deteriorated area and/or a deteriorating area as defined by Chapters 20 and 29, Title 50, Idaho Code, as amended, that such area is appropriate for an urban renewal project, that the Bannock County Board of County Commissioners adopted the necessary resolutions and directed the Agency to commence preparation of an urban renewal plan; WHEREAS, the Agency prepared the Urban Renewal Plan for the Northgate Urban Renewal Project (the "Northgate Plan") and the urban renewal area referred to as the Northgate Project Area ("Project Area" or "Revenue Allocation Area") for the area designated as eligible for urban renewal planning; WHEREAS, the Northgate Plan also contains the provisions of revenue allocation financing as allowed by the Act; WHEREAS, the Agency Board on December 19, 2018, adopted Resolution No. 2018-03 proposing and recommending the Northgate Plan; WHEREAS, the City annexed into its corporate limits a section of the Project Area, which annexation was final after December 19, 2018, but on or before December 31, 2018 (the "Chubbuck Annexation"); WHEREAS, the Agency, by letter of transmittal dated January 9, 2019, submitted the Northgate Plan to the Mayor of the City of Pocatello and the Pocatello City Council; WHEREAS, the Mayor of the City of Pocatello and the Pocatello City Council are taking the necessary action to process the Northgate Plan consistent with the requirements set forth in Idaho Code Section 50-2906 and Idaho Code Section 50-2008; WHEREAS, as a result of the Chubbuck Annexation, Idaho Code Section 50-2906(3)(b) and Idaho Code Section 50-2018(18) contemplate an agreement between the City and the City of Pocatello, governing administration of a revenue allocation financing provision for any area extending beyond the City of Pocatello's municipal boundary but within the city limits of the City, and such agreement must be formalized by a transfer of powers ordinance adopted by the City Council; WHEREAS, as a result of the Chubbuck Annexation, there are certain properties within the Northgate Plan and Project Area which extend beyond the City of Pocatello's municipal boundaries and into the City's municipal boundaries; ORDINANCE NO. 7SZ - 2 WHEREAS, the Mayor and City Council deem it expedient and in the best interests of the City of Chubbuck to establish and enter into an Intergovernmental Agreement for Roles and Responsibilities under Idaho Code Section 50-2906(3)(b) between the City of Chubbuck and the City of Pocatello, to confirm the consent of the City of Chubbuck, under Idaho Code Section 50- 2018(18), and to assure compliance with the Act and Law. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1: That the above statements are true and correct. Section 2: That the City Council of the City of Chubbuck, after reviewing the Northgate Plan delivered to the City on January 23, 2019, finds: (a) the Northgate Plan and Project Area is eligible under the statutory criteria and is appropriate for an urban renewal project; and (b) the City of Pocatello has the authority to proceed with the creation of the Northgate Plan and Project Area after the adoption of this Ordinance by the City Council of the City of Chubbuck. Section 3: That the City Council of the City of Chubbuck, after reviewing the Northgate Plan delivered to the City on January 23, 2019, supports the findings in the Northgate Plan that: (a) the adjusted base assessed values of all existing revenue allocation areas within the City of Pocatello do not exceed ten percent of the current assessed taxable value of the City of Pocatello; (b) the proposed Northgate Plan and Project Area is financially feasible given the assumptions used in the Northgate Plan; and (c) the required consents from the owners of agricultural operation lands within the Project Area have been given. Section 4: The revenue allocation proceeds from areas lying within the boundaries of the Northgate Plan and Project Area shall be devoted to the statutory purposes as described in the Northgate Plan and as authorized by the Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended, and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code. Section 5: That the Intergovernmental Agreement for Roles and Responsibilities Under Idaho Code §50-2906(3)(b) (the "Agreement") attached hereto as Exhibit A, is incorporated herein and made a part hereof by reference and is hereby approved and accepted. Section 6: That the Mayor is hereby authorized to sign and enter into the Agreement, and to execute any further documents necessary to carry out the intent of the City Council as expressed in this Ordinance and in the Agreement. A copy of this Ordinance and the attached Agreement shall be held on file in the office of the City Clerk. Section 7: Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 8: Severability. The sections of this Ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. ORDINANCE NO. 7 SZ - 3 Section 9: Effective Date. The rule requiring an Ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this Zoe day of F-Qbr.� , 2019. /� n B. England, ATTEST: Richard Morgan, Ci Clerk 4812-6345-6645, v. 3 ORDINANCE NO. % g 7 - 4 SUMMARY OF ORDINANCE NO. 782 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho; providing for the repeal of conflicting ordinances; adopting findings on the necessity of the Urban Renewal Plan for the Northgate Urban Renewal Project; providing the City of Pocatello with the right, power, authority, and obligation to administer the Urban Renewal Area pursuant to chapters 20 and 29, Title 50, Idaho Code, as amended; granting the revenue allocation proceeds derived from the Pocatello Revenue Allocation Area lying within the city limits of the City of Chubbuck to the Pocatello Urban Renewal Agency also known as the Pocatello Development Authority; adopting the Intergovernmental Agreement implementing this ordinance and authorizing the Mayor to sign the agreement and such other and further documents as may be necessary to carry out the intent of this ordinance; providing for the severability of the provisions of this ordinance; providing when this ordinance shall be in effect. The full text of this ordinance is available a the City Clerk's Office, Chubbuck city Office, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 782 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this 2-7/ day of February, 2019. SUMMARY OF ORDINANCE - PAGE 1 chubbuck022119.ordinance