HomeMy WebLinkAboutResolution 2007-11 Group ltr re resolutions-9-27-07
RYAN P. ARMBRUSTER
251 East Front Street, Suite 300
Post Office Box 1539
Boise, Idaho 83701
Telephone 208 343-5454
Fax 208 384-5844
E-mail rpa@elamburke.com
ELAM & BURKE
ATTORNEYS AT LAW
October 3, 2006 Mr. Terry Butikofer terry.butikofer@ecipda.net
Ms. Judy Coy judy.coy@ecipda.net
THE DEVELOPMENT COMPANY 299 East 4th North Rexburg, Idaho 83440
Mr. Harlan Mann hwmcons@aol.com
3800 North 33rd Street
Boise, Idaho 83703
Mr. Richard Horner Richard@rexburg.org
Treasurer, Rexburg Urban Renewal Agency
City of Rexburg
P. O. Box 280
Rexburg, Idaho 83440
Mr. Blair Kay blairk@rexburg.org
City Clerk
City of Rexburg
P. O. Box 280
Rexburg, Idaho 83440
Steven P. Zollinger, Esquire stephenz@rexburg.org
P. O. Box 280
Rexburg, Idaho 83440
RE: Agency resolution and City Council Resolutions
South Arterial Area
Gentlemen and Judy:
I have enclosed the Agency and City Council resolutions approving the urban renewal
area eligibility report for the South Arterial area. Harlan is finishing the report and the report
will be forwarded to you immediately upon its completion. I understand the geographic area that
September 27, 2007
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will be shown in the report, by way of either a narrative description and/or map, will include
only the area which qualifies as a deteriorating area under Idaho Code Section 50-2018(9).
Therefore, the area only includes those properties which directly qualify for inclusion as a
deteriorating area, or those properties that may have been used for agricultural operations within
the past three years, if an appropriate consent has been obtained, or a representation has been
made that such consent will be forthcoming, or the agricultural operation has not been used for three consecutive years. Consequently, both the Agency resolution and City Council resolution track that statement. Additionally, the City Council resolution also advises the Agency to not include within the urban renewal plan area, any property for which there is no consent. This condition should be of some assistance in the unlikely event an owner tries to withdraw his/her consent, or where consent had been committed, but then not materialized. Hopefully, this condition will provide both the Agency and the City some safe harbor, in the event there is some
challenge concerning the inclusion of these properties. Under any scenario, however, the
boundaries will need to be fixed in final form by the time the Plan is approved by the Agency.
As I understand the sequence of events, the Agency Board will hold a special meeting
shortly before the already scheduled October 3, 2007 joint session between the Agency and City
for the purpose of discussing the Recreation Center, at which meeting the Board will approve the
Agency resolution. Then, at the City Council meeting that same evening, the City Council will
approve its resolution accepting the eligibility report.
Please contact me if you have any questions or concerns.
Very truly yours,
ELAM & BURKE
A Professional Association
Ryan P. Armbruster
RPA:jm
Enclosures