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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