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HomeMy WebLinkAbout09 29 2023 Ord. 864State of Idaho County of Bannock PROOF OF PUBLICATION Idaho State Journal I, Collins Crapo first being duly sworn, depose and say: That I am the C-iassifie age;yrw Processing Clerk employed by Adams Publishing Group of the Rockies LLC, publishers of Idaho State Journal, a newspaper of general circulation, published 4 days, Tues -Wed -Friday and Satur- day, at Pocatello, Idaho. That the notice, of which a copy is hereto attached and made a part of this affidavit, was pub- lished in said Idaho State Journal and on IdahoPublicNotices.com for 1 day(s), first publication having been made on 09/29/2023 last publication having been made on 09/2912023, and that the said notice was published in the regular and entire issue of said paper on the respective dates of publication, and that such notice was published in the newspaper and not in a supplement. Subscribed and sworn to before me, on this 29th day of September, 202 r BETH CROSSLEY 68167 NOTARY PUBLIC � Notary Public STATE OF IDAHO My commission expires: MY COMMISSION EXPIRES 07/28/28 attachedjurat STATE OF IDAHO ss, COUNTY OF BANNOCK On this 29th day of September, 2023 before me, the undersigned, a Notary public for said state, person- ally appeared - r Collins Crapo, known or identified to me to be the person(s) whose name(s) is/are subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that he/she/they executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. BETH CROSSLEY 68167 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 07;28128 427394 Notary Public for APG of the Rockies Residing: Idaho Falls, Idaho Commission expires: AD# 427394AD# SUMMARY OF ORDINANCE NO. 864 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHUBBUCK, IDAHO, TO TERMINATE THE REVENUE ALLOCATION AREA FOR THE 1992 PROJECT AREA, AS AMENDED (ALSO KNOWN AS CHUBBUCK #5); REQUIR- ING DISTRIBUTION OF ANY NON -OBLIGATED SURPLUS DETERMINED TO EXIST AS OF SEPTEMBER 30, 2023, PURSUANT TO SECTION 50-2909, IDAHO CODE; AUTHO- RIZING THE CITY CLERK OR URBAN RENEWAL AGENCY OF THE CITY OF CHUBBUCK, IDAHO, ALSO KNOWN AS THE CHUBBUCK DEVELOPMENT AUTHORITY, TO FILE THE ORDINANCE WITH THE OFFICE OF THE COUNTY RECORDER, THE COUNTY ASSESSOR, AND THE IDAHO STATE TAX COMMISSION AS PROVIDED IN SECTION 63- 215, IDAHO CODE; PROVIDING THAT A COPY OF THIS ORDINANCE SHALL BE GIVEN TO EACH OF THE TAXING ENTITIES AFFECTED BY SAID REVENUE ALLOCATION AREA; APPROVINGTHE SUMMARY OFTHE ORDINANCE; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE 1T ORDAINED BY THE MAYOR AND COUNCIL OFTHF CITY OF CHUBBUCK: Section 1: That the abnve statements are true and correct. Section 2: That the Project Area contained in the 1992 Plan is hereby terminated, effective September 30, 2023, consistent with the termination provisions set forth in the Act. Section 3: That the Agency shall not receive revenue alloca- tion funds in calendar year 2024 generated from the 2022 or earlier assessed values, and the allocation of revenues under section 50-2908, Idaho Code, shall cease effective Januafy 1, 2024. Section 4: That any non -obligated surplus funds deemed by the Agency to exist will be remitted to the Bannock County Treasurer prior to the and of the Agencys 2023 fiscal year on or before September 30, 2023, or following the final accounting of the Agency's 2023 fiscal year on or before April 1, 2024, but in any event no later than September 30, 2024, to he distributed to the taxing districts in the same manner and proportion as the most recent distribution to the taxing districts of the taxes on the taxable property located within the Project Area. See I.C. 50-2909(4). f=urther, any other remaining funds in subsequent fiscal years received by the Agency from delinquent taxes after September 30, 2023, shall be disbursed in the same manner each fiscal year. Section 5: That a copy of this Ordinance shall be sent to and/or filed with the Bannock County Assessor's Office, the Bannock County Auditor/Recorder, and the Idaho State Tax Commission, to provide notice of termination of the Project Area in the 1992 Plan by either the City Clerk or Agency rep- resentatives. Section 6: At least one-half plus one of the City Council members finding good cause, the City Council hereby dispens- es 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 T. That this Ordinance shall be in full force and effect immediately upon its adoption, approval, and publication. Section 8: The Summary of this Ordinance, a copy of which is attached hereto as Attachment 3, is hereby approved. Section 9: All ordinances, resolutions, orders, or parts there- of in conflict herewith are hereby repealed, rescinded, and an- nulled. Section to: 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 20th day of September, 2023. APPROVED by the Mayor of the city of Chubbuck, Idaho, on this 20th day of September, 2023. ATTACHMENTS TO THE ORDINANCE Attachment 1 Agency Resolution No, 2023-1, including as exhibits the Termination Plan setting forth an estimate of re- maining project costs and other administrative fees and costs, together with an estimate of any surplus that may be available for distribution, and a proposed Termination Budget, as subse- quently updated Attachment 2 Termination Ordinance Summary The full text of the Ordinance 864 is available at the offices of the City Clerk, Chubbuck City Hall, and 290 E. Linden Ave., Chubbuck, Idaho, 83202. This summary is approved by the Chubbuck City Council at its meeting of September 20, 2023. Isl Kevin B. England Mayor ATTEST:/sl Joey Bowers City Clerk I, Ryan Lewis, City Attorney for the city of Chubbuck, Idaho, hereby declare and certify that in my capacity as City Attor- ney of the city of Chuhhuck, pursuant to Idaho Code Section 50 901A(3) of the Idaho Code, as amended, I have reviewed a copy of the above Summary of Ordinance, have found the same to be true and complete, and said Summary of Ordi- nance provides adequate notice 10 the public of the contents, including the Attachments, of Ordinance No. 2023-864. DATED this 25th day of September2023. !s! Ryan Lewis City Attorney Chubbuck, Idaho Published: Septemher 29th, 2023 (ISJ848-427394)