HomeMy WebLinkAbout2021-05RESOLUTION NO. 2021- o S"'
BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE
CITY OF CHUBBUCK, IDAHO A/IUA CHUBBUCK DEVELOPMENT AUTHORITY:
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF
THE URBAN RENEWAL AGENCY OF THE CITY OF
CHUBBUCK, IDAHO, A/K/A CHUBBUCK DEVELOPMENT
AUTHORITY, ADOPTING THE SURPLUS PERSONAL
PROPERTY POLICY AND PROCEDURES; AUTHORIZING
THE EXECUTIVE DIRECTOR TO TAKE APPROPRIATE
ACTION; AUTHORIZING AND DELEGATING TO THE
EXECUTIVE DIRECTOR THE ABILITY TO MAKE MINOR
MODIFICATIONS AND TO ESTABLISH ADMINISTRATIVE
PROCEDURES, SUBJECT TO CERTAIN CONDITIONS; AND
PROVIDING AN EFFECTIVE DATE.
THIS RESOLUTION, made on the date hereinafter set forth by the Urban Renewal
Agency of the City of Chubbuck, Idaho a/k/a Chubbuck Development Authority, an independent
public body corporate and politic, authorized under the authority of and pursuant to the Idaho
Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (hereinafter, the
"Law") and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as
amended (hereinafter, the "Act"), a duly created and functioning urban renewal agency for
Chubbuck, Idaho, hereinafter referred to as the "Agency."
WHEREAS, by Resolution No. 4-92, dated April 11, 1992, the City Council (the "City
Council") of the City of Chubbuck, Idaho (the "City") created an urban renewal agency, pursuant
to the Law;
WHEREAS, the City Council, after notice duly published, conducted a public hearing on
the Urban Renewal Plan Chubbuck Downtown Improvement Project (the "1992 Plan") to
redevelop a portion of the City, pursuant to the Law and the Act;
WIiEREAS, the City Council, in response to the public hearing on October 27, 1992, by
Resolution No. 11-92, amended City Council Resolution No. 4-92 and 7-92, to reduce the
geographic botmdaries 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 1992 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;
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")
RESOLUTION NO. 2021- or
(Surplus Personal Property Policy)
(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, the City Council, after notice duly published, conducted a public hearing on
the First Amendment to the Urban Renewal Plan Chubbucic Downtown Improvement Project
(the "First Amendment'), which sought to deannex parcels from the 1992 Project Area
commonly referred to as the "Old CarMike" parcels;
WHEREAS, following said public hearing, the City Council adopted its Ordinance No.
758 on August 3, 2016, approving the First Amendment and malting certain findings;
WHEREAS, the City Council, after notice duly published, conducted a public hearing on
the Pine Ridge Mall Urban Renewal Area and Improvement Plan (the "Pine Ridge Mall Plan");
WHEREAS, following said public hearing, the City Council adopted its Ordinance No.
759 on August 3, 2016, approving the Pine Ridge Mall Plan and malting certain findings;
WHEREAS, the City Council, after notice duly published, conducted a public hearing on
the Urban Renewal Plan for the Northside Crossing Urban Renewal Project (the "Northside
Crossing Plan");
WHEREAS, following said public hearing, the City Council adopted its Ordinance No.
918 on November 4, 2020, approving the Northside Crossing Plan and making certain findings;
WHEREAS, the above referenced 1992 Plan, as amended, the Pine Ridge Mall Plan, the
Northside Crossing Plan and their project areas are collectively referred to as the Existing Project
Areas;
WHEREAS, the Agency requires a cost effective, timely, and efficient process to
reallocate needed Personal Property within the Agency and to dispose of unneeded
Personal Property according to the best interests of the Agency;
WHEREAS, the proposed Policy and Procedures For Disposal Of Surplus Personal
Property, is attached hereto as Exhibit A (the "Surplus Personal Property Policy");
RESOLUTION NO. 2021 -
(Surplus Personal Property Policy)
WHEREAS, Agency staff recommends the Agency Board approve the Surplus Personal
Property Policy attached to this Resolution and incorporated by reference as if set forth in total
herein;
WHEREAS, the Agency Board finds it is in the best interest of the Agency to rescind and
replace any existing surplus personal property policies, and to adopt the Surplus Personal
Property Policy;
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE BOARD OF
COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF
CHUBBUCK, IDAHO A/K/A CHUBBUCK DEVELOPMENT AUTHORITY, AS FOLLOWS:
Section 1. That the above statements are true and correct.
Section 2. That the Surplus Personal Property Policy attached hereto as Exhibit A,
be adopted by the Agency.
Section 3. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
PASSED by the Urban Renewal Agency of the City of Chubbuck, Idaho, also known as
the Chubbuck Development Authority, on Auyust 1"} , 2021. Signed by the Chair of the
Board of Commissioners, and attested by the Secretary to the Board of Commissioners, on this
RESOLUTION NO. 2021-64�7_
(Surplus Personal Property Policy)
Exhibit A
Surplus Personal Property Policy
4837-9950-2367,v. 1
RESOLUTION NO. 2021- 01�'
(Surplus Personal Property Policy)
URBAN RENEWAL AGENCY OF THE CITY OF CHUBBUCK, IDAHO A/K/A CHUBBUCK DEVELOPMENT
AUTHORITY
SURPLUS PERSONAL PROPERTY POLICY AND PROCEDURES
I. INTRODUCTION
The Urban Renewal Agency of the City of Chubbuck, Idaho, a/k/a Chubbuck Development Authority
Policy and Procedures for Disposal of Surplus Personal Property ("Policy') is designed to provide a cost
effective, timely, and efficient process to reallocate needed resources within the Agency and to dispose
of unneeded resources according to the best interests of the Agency and at the maximum practical
financial return. This Policy applies only to personal property, which is defined as property that is
capable of being moved ("Personal Property"). This Policy does not apply to real property.' (Chubbuck
Development Authority is referred to as either "Agency" or "CDA" in this Policy for convenience.)
II. STATEMENT OF POLICY
This Policy governs disposal of all surplus Personal Property by the Agency, including equipment,
furniture, and like items no longer functional or required.
When the CDA Executive Director ("Executive Director") determines that any Personal Property under
the Agency's jurisdiction or control is of no further use to the Agency, the Agency shall manage such
Personal Property according to the following policies.
A. Declaration as Surplus
1. Authority to Declare Surplus Property
The CDA Board of Commissioners ("Board") of the Agency shall be responsible for
declaring any item or appropriate groupings of Personal Property with an estimated
current value of over $5,000 as surplus. Such declaration by the Board shall be made by
resolution adopted in a public meeting. The Board hereby authorizes the Executive
Director to declare as surplus any item or appropriate grouping of Personal Property
with an estimated current value of $5,000 or less. Such declaration by the Executive
Director shall be in writing and shall remain on file as required by the Agency's Public
Records Retention Policy. Upon declaration by either the Board or Executive Director,
the Personal Property becomes surplus ("Surplus Property").
The Executive Director may elect, at his/her discretion, to request the Board to make a
declaration for Surplus Property with an estimated current value of $5,000 or less
and/or a determination of nominal value for purposes of exempting Personal Property
1 Requirements for the disposition of real property by urban renewal agencies are contained in Idaho Code 50 -2011.
SURPLUS PERSONAL PROPERTY POLICY AND PROCEDURES
RESOLUnON NO. 2021-5—ADOPTED 8/17/21
from this Policy in lieu of the Executive Director.
2, Surplus Property Having Nominal Value
The Executive Director is hereby authorized to declare certain Surplus Property to be of
nominal value, as defined in this Section II.A.2, and may determine whether to transfer
or recycle such Surplus Property, or determine that transferring or recycling is
impractical and such Surplus Property is exempt from Section III of this Policy and may
be disposed of by any practical means. Nominal value is a current value of zero or a
current value of less than what it would cost to dispose of the surplus item at an auction
or refuse site. Declarations by the Executive Director that certain surplus Personal
Property is of nominal value and determinations regarding disposal of such Personal
Property shall be in writing and shall remain on file as required by the Agency's Public
Records Retention Policy. The transfer or recycling of Personal Property determined to
be of nominal value shall be in accordance with Sections Il.C.2 and II.C.3 of this Policy,
respectively.
B. Authorization to Dispose
Once Personal Property is declared surplus, either by the Board or Executive Director, the
Executive Director is authorized and responsible for disposing of the Surplus Property in
accordance with this Policy.
C. Methods of Disposal
The Agency is encouraged to optimize the benefit to itself and other local public agencies while
utilizing the most efficient mode of disposal cited below.
1. Sell
Sell Surplus Property to another local public agency (city, county, school district,
fire district, irrigation district, etc.) residing in Idaho without public advertisement
or receipt of competitive bid; or
b. In the event items of Surplus Property are determined to have an estimated
current value of less than $250, the Executive Director shall sell those items at
private sale without notice or public auction.
Sell Surplus Property with an original purchase price of less than $10,000 to the
highest bidder after advertisement of public sale once each calendar week on the
same day of the week for at least two (2) weeks in a newspaper of general
circulation pursuant to Idaho Code 60-106 and 60-109, giving the time, place
and any sale conditions thereof, and after offering the Surplus Property for sale:
1) At a regularly held public auction conducted by an auctioneer; or
2) At an agency conducted public auction; or
3) By receipt of written competitive bid in response to the aforementioned
public advertisement or to electronic auctioning on the Internet.
SURPLUS PERSONAL PROPERLY POLICY AND PROCEDURE.:
RESOLUTION NO. 2021 -5 -ADOPTED 8/I7/21
Sell Surplus Property with an original purchase price of $10,000 or more to the
highest bidder after advertisement of public sale for thirty (30) days [i.e, once
each calendar week on the same day of the week for at least five (5) weeks] in a
newspaper of circulation pursuant to Idaho Code 60-106 and 60-109, giving the
time, place and any sale conditions thereof, and after offering the Surplus
Property for sale:
1) At a regularly held public auction conducted by an auctioneer; or
2) At an Agency conducted public auction; or
3) By receipt of written competitive bid in response to aforementioned
public advertisement or to electronic auctioning on the Internet.
e. If disposition of Surplus Property pursuant to the bids received are determined to
not be in the best interest of the Agency, or no bids are received, the Executive
Director shall proceed to dispose of the Surplus Property at his/her discretion in
any appropriate manner to maximize financial return to the Agency.
2. Transfer
a. Transfer Surplus Property to another local public agency (city, county, school
district, fire district, irrigation district, etc.) residing in Idaho without public
advertisement or auction; or
b. Transfer Surplus Property of nominal value without public advertisement or
auction to a charitable organization that qualifies under Section 501(c)(3) or
501(c)(19) Internal Revenue Service, or to any other person or entity that is
participating in a program with a public agency and when such transfer renders a
benefit to the Agency.
c. Transfer Surplus Property to another entity, public or private, in exchange for, or
in trade, or as trade-in credit on property to be acquired.
3. Recycle
If the Agency is unable to sell or transfer Surplus Property, the Agency shall recycle such
Surplus Property whenever possible. If recycling (scrapping) would generate revenue
from Surplus Property that would otherwise be considered of nominal value, the Agency
may engage a third party to conduct the recycling.
4. Discard
In the event items of Surplus Property are determined to have no saleable value
because of condition, obsolescence or are inappropriate for use by the public, the
Executive Director shall dispose of the Surplus Property in any manner he/she deems
appropriate.
D. Proceeds from Sale of Surplus Property
SURPLUS PERSONAL PROPERTY POLICY AND PROCEDURES
RESOLUTION NO. 2021 -5 -ADOPTED 8/17/21
All proceeds from the disposal of Surplus Property shall be recorded as revenue in the fund used
to purchase the property originally.
E. Prohibition on Purchase of Surplus Property by Agency Personnel
Employees of Agency, including their spouses, dependents or any other person acting on the
employee's behalf, are prohibited from acquiring surplus property from the Agency.
I I I I■ �:i�Itl � rlll:� �9
To assist in achieving the Agency's Surplus Personal Property Policy, Agency personnel shall follow the
following procedures.
Step One: Declare Surplus Property
A. Identify Property
Identify personal property and cite its description, quantity, condition, original cost and
justification for surplusing using the "Surplus Personal Property Declaration Request" form
(Exhibit A).
B. Establish Value
Obtain a good faith estimate of the current value of the personal property by an independent
third party experienced in the valuation of property of that type ("Appraiser"). The Appraiser
shall establish the current value and appropriate packaging of like items (i.e., individual, pallet of
like items, box of like items, etc.) for the items identified as surplus. This information, including
a copy of the Appraiser's good faith estimate, shall be entered on the "Surplus Personal
Property Declaration Request" form (Exhibit A).
C. Official Declaration of Surplus Status
For any items or package of like items as determined by the Appraiser currently valued over
$5,000, a Declaration of Surplus Status must be obtained from the Board. For any items or
package of like items currently valued at or below $5,000, the Executive Director is authorized to
issue a Declaration of Surplus Status (see Section II.A.1 above).
Step Two: Disposal
A. Determine Method of Disposal
Submit in writing the preferred method and justification to Executive Director for approval
(Exhibit B). The Methods available are:
1. Sell
2. Transfer
3. Recycle
4. Discard
SURPLUS PERSONAL PROPERTY POLICY AND PROCEDURES
RESOLUTION NO. 2021-5 - ADOPTED 8/17/21
B. Dispose
Fallow the Disposal Method Chart (Exhibit C) for disposal.
C. Records
Declarations by the Board and the Executive Director related to Surplus Property, and appraisal
and disposal records shall be retained in accordance with the CDA Public Records Retention
Policy as of the date when the personal property is declared Surplus Property.
EXHIBITS
A: Declaration of Surplus Property - Inventory & Appraisal Record
B: Request for Declaration of Surplus Property & Approval of Disposal Method
C: Surplus Property Disposal Methods
Approved by the CDA Board of Commissioners by
Resolution No.
Date: `] 7 - 3))a P
4838-2541-8271, v. 2
SURPLUS PERSONAL PROPERTY POLICY AND PROCEDURES
RESOLUTION NO. 2021-5 -ADOPTED 8117/21