HomeMy WebLinkAboutORDINANCE NO. 1123 SECOND AMENDED DOWNTOWN DISTRICT REDEVELOPMENT PLAN - 2014d
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WHEREAS, the City Council, after notice duly published, conducted a public
hearing on the Second Amended and Restated Urban Renewal Plan, North Highway
Urban Renewal Project, Including South Addition (the "Second Amended and Restated
North Highway Plan");
WHEREAS, following said public hearing, the City Council adopted its
Ordinance No. 950 on December 21, 2005, approving the Second Amended and
Restated North Highway Plan, and making certain findings;
WHEREAS, the City Council, after notice duly published, conducted a public
hearing on the University Boulevard -South 12th West Urban Renewal Plan
("University Boulevard Plan");
WHEREAS, following said public hearing, the City Council adopted its
Ordinance No. 996 on December 19, 2007, approving the University Boulevard Plan,
and making certain findings;
WHEREAS, the City Council, after notice duly published, conducted a public
hearing on the Downtown District Redevelopment Plan (the "Downtown Plan");
WHEREAS, following said public hearing, the City Council adopted its
Ordinance No. 910 on December 17, 20013, approving the Downtown Plan, and
making certain findings;
WHEREAS, the City Council, after notice duly published, conducted a public
hearing on the Amended and Restated Downtown District Redevelopment Plan
( "Amended and Restated Downtown Plan");
WHEREAS, following said public hearing, the City Council adopted its
Ordinance No. 1035 on December 2, 2009, approving the Amended and Restated
Downtown Plan, and making certain findings;
WHEREAS, pursuant to Idaho Code section 50 -2008, an urban renewal project
may not be planned or initiated unless the local governing body has, by resolution,
determined such area to be a deteriorated area or deteriorating area, or combination
thereof, and designated such area as appropriate for an urban renewal project;
WHEREAS, an urban renewal plan shall (a) conform to the general plan for the
municipality as a whole except as provided in section 50- 2008(g), Idaho Code; and (b)
shall be sufficiently complete to indicate such land acquisition, demolition and removal
of structures, redevelopment, improvements, and rehabilitation as may be proposed to
be carried out in the urban renewal area, zoning and planning changes, if any, land uses,
maximum densities, building requirements, and any method or methods of financing
such plan, which methods may include revenue allocation financing provisions;
WHEREAS, Idaho Code section 50 -2906, also requires that in order to adopt an
urban renewal plan containing a revenue allocation financing provision, the local
governing body must make a finding or determination that the area included in such
plan is a deteriorated area or deteriorating area;
WHEREAS, in April 2014, the Agency authorized the commencement of an
eligibility study and preparation of an eligibility report of the area and surrounding
properties;
WHEREAS, the Agency obtained the East 2nd South Area Eligibility Report (the
"Report"), dated June 12, 2014, which examined an area in Rexburg known as the East 2nd
South Area for the purpose of determining whether such area is a deteriorating area or
deteriorated area as defined by Idaho Code, sections 50- 2018(9) and 50- 2903(8);
WHEREAS, the Agency accepted the Report by way of Resolution No. 2014 -4
at the June 17, 2014, meeting of the Agency Board;
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 2
WHEREAS, the City Council, on July 2, 2014, adopted Resolution No. 2014 -12
accepting the Report;
WHEREAS, the Mayor and Council considered the steps set forth by the Act
and Law, accepting the Report finding the area set forth in the Report to be a
"deteriorated" or "deteriorating" area as defined by Idaho Code sections 50- 2018(9)
and 50- 2903(8)(b) declaring such area as an urban renewal area, making additional
findings regarding the characteristics of the area, making the necessary findings as
required by Idaho Code section 50- 2008(a) and authorizing the Agency to prepare an
urban renewal plan;
WHEREAS, the Legislature of the state of Idaho enacted the Act authorizing
urban renewal agencies, including the Agency, to adopt revenue allocation financing
provisions as part of their urban renewal plans;
WHEREAS, in order to implement the provisions of the Act and the Law, either
the Agency may prepare a plan or any person, public or private, may submit such plan
to the Agency;
WHEREAS, the Agency and its consultants have undertaken the planning
process during 2014;
WHEREAS, the Agency has prepared a proposed Second Amended and
Restated Downtown District Redevelopment Plan (the "Amended Plan"), which
includes the additional urban renewal area referred to as East 2nd South Project Area
( "Amended Project Area" or "Amended Revenue Allocation Area ") for the area
designated as eligible for urban renewal planning;
WHEREAS, such proposed Amended Plan also contains the provisions of
revenue allocation financing as allowed by the Act;
WHEREAS, the Agency Board considered all comment and information
submitted to the Agency during several Board meetings and the Board meeting held on
July 24, 2014;
WHEREAS, on July 24, 2014, the Agency Board passed Resolution No. 2014 -6
proposing and recommending the approval of the Amended Plan;
WHEREAS, the Agency has, by letter of transmittal dated September 12, 2014,
submitted the Amended Plan to the Mayor and City;
WHEREAS, the Mayor and City Clerk have taken the necessary action to
process the Amended Plan;
WHEREAS, pursuant to the Law, the city of Rexburg Planning and Zoning
Commission considered the Amended Plan and its compliance with the City of
Rexburg Vision 2020 Comprehensive Plan on October 2, 2014, and forwarded its
findings to the City Council, a copy of which is attached hereto as Exhibit 1;
WHEREAS, notice of the public hearing of the Amended Plan was caused to be
published by the City Clerk in the Standard Journal on October 2 and 16, 2014, a copy
of said notice being attached hereto as Exhibit 2;
WHEREAS, as of September 26, 2014, the Amended Plan was submitted to the
affected taxing entities, available to the public, and under consideration by the City
Council;
WHEREAS, the City Council during its regular meeting of November 5, 2014,
held such public hearing;
WHEREAS, as required by Idaho Code sections 50 -2905 and 50 -2906, the
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 3
Amended Plan contains the following information which was made available to the
general public and all taxing districts thirty (30) days prior to the public hearing on
November 5, 2014, the regular meeting of the City Council, but no more than sixty (60)
days prior to the date set for final reading of the ordinance: (1) a statement describing
the total assessed valuation of the base assessment roll of the revenue allocation area
and the total assessed valuation of all taxable property within the municipality; (2) the
kind, number, and location of all proposed public works or improvements within the
revenue allocation area; (3) an economic feasibility study; (4) a detailed list of
estimated project costs; (5) a fiscal impact statement showing the impact of the revenue
allocation area, both until and after the bonds, notes and/or other obligations are repaid,
upon all taxing districts levying taxes upon property in the revenue allocation area; (6)
a description of the methods of financing all estimated project costs and the time when
related costs or monetary obligations are to be incurred; (7) a termination date for the
plan and the revenue allocation area as provided for in section 50- 2903(20), Idaho
Code. In determining the termination date, the plan shall recognize that the agency shall
receive allocation of revenues in the calendar year following the last year of the
revenue allocation provision described in the urban renewal plan; and (8) a description
of the disposition or retention of any assets of the agency upon the termination date.
Provided however, nothing herein shall prevent the agency from retaining assets or
revenues generated from such assets as long as the agency shall have resources other
than revenue allocation funds to operate and manage such assets;
WHEREAS, the Amended Plan authorizes certain projects to be financed by
revenue allocation bonds, or loans, and proceeds from revenue allocation;
WHEREAS, appropriate notice of the Amended Plan and revenue allocation
provision contained therein has been given to the taxing districts and to the public as
required by Idaho Code section 50 -2906;
WHEREAS, it is necessary and in the best interest of the citizens of the City to
adopt the Amended Plan, including revenue allocation financing provisions, since
revenue allocation will help finance urban renewal projects to be completed in
accordance with the Amended Plan (as now or hereafter amended), in order to:
encourage private development in the urban renewal area; prevent and arrest decay of
the City due to the inability of existing financing methods to provide needed public
improvements; encourage taxing districts to cooperate in the allocation of future tax
revenues arising in the urban renewal area in order to facilitate the long -term growth of
their common tax base; encourage private investment within the City; and to further the
public purposes of the Agency;
WHEREAS, the City Council finds that the equalized assessed valuation of the
taxable property in the Amended Revenue Allocation Area is likely to increase, and
continue to increase, as a result of initiation and continuation of urban renewal projects
in accordance with the Amended Plan;
WHEREAS, under the Law and Act any such plan should provide for (1) a
feasible method for the location of families who will be displaced from the urban
renewal area in decent, safe, and sanitary dwelling accommodations within their means
and without undue hardship to such families; (2) the urban renewal plan should
conform to the general plan of the municipality as a whole; (3) the urban renewal plan
should give due consideration to the provision of adequate park and recreational areas
and facilities that may be desirable for neighborhood improvement, with special
consideration for the health, safety, and welfare of the children residing in the general
vicinity of the site covered by the plan; and (4) the urban renewal plan should afford
maximum opportunity, consistent with the sound needs of the municipality as a whole,
for the rehabilitation or redevelopment of the urban renewal area by private enterprise;
WHEREAS, if the urban renewal area consists of an area of open land to be
acquired by the urban renewal agency, such area shall not be so acquired unless (1) if it
is to be developed for residential uses, the local governing body shall determine that a
shortage of housing of sound standards and design which is decent, safe, and sanitary
exists in the municipality; that the need for housing accommodations has been or will
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 4
be increased as a result of the clearance of slums in other areas; that the conditions of
blight in the area and the shortage of decent, safe, and sanitary housing cause or
contribute to an increase in and spread of disease and crime and constitute a menace to
the public health, safety, morals, or welfare; and that the acquisition of the area for
residential uses is an integral part of and essential to the program of the municipality; or
(2) if it is to be developed for nonresidential uses, the local governing body shall
determine that such nonresidential uses are necessary and appropriate to facilitate the
proper growth and development of the community in accordance with sound planning
standards and local community objectives, which acquisition may require the exercise
of governmental action, as provided in the Law, because of defective or unusual
conditions of title, diversity of ownership tax delinquency, improper subdivisions,
outmoded street patterns, deterioration of site, economic disuse, unsuitable topography
or faulty lot layouts, the need for the correlation of the area with other areas of a
municipality by streets and modern traffic requirements, or any combination of such
factors or other conditions which retard development of the area;
WHEREAS, the collective base assessment roll for the revenue allocation areas
under the Washington School Plan, the North Highway Plan, as amended, the
University Boulevard Plan, and the new Amended Plan cannot exceed ten percent
(10 %) of the assessed value of the City;
WHEREAS, the City Council at its regular meeting held on November 5, 2014,
considered the Amended Plan as proposed and made certain comprehensive findings.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL
OF THE CITY OF REXBURG:
SECTION 1: It is hereby found and determined that:
(a) The Amended Project Area as defined in the Amended Plan is
a deteriorated or a deteriorating area as defined in the Law and the Act
and qualifies as an eligible urban renewal area under the Law and Act.
(b) The rehabilitation, conservation, and redevelopment of the urban
renewal area pursuant to the Amended Plan are necessary in the interests
of public health, safety, and welfare of the residents of the City.
(c) There continues to be a need for the Agency to function in the City.
(d) The Amended Plan conforms to the City of Rexburg 2020
Comprehensive Plan.
(e) The Amended Plan gives due consideration to the provision of adequate
park and recreation areas and facilities that may be desirable for
neighborhood improvement (recognizing the mixed use components of
the Amended Plan and the need for overall public improvements), and
shows consideration for the health, safety, and welfare of any residents
or businesses in the general vicinity of the urban renewal area
covered by the Amended Plan.
(f) The Amended Plan affords maximum opportunity consistent with the
sound needs of the City as a whole for the rehabilitation and
redevelopment of the urban renewal area by private enterprises.
(g) The Amended Plan provides a feasible method for relocation of any
displaced families residing within the Amended Project Area.
(h) The collective base assessment roll for the revenue allocation areas
under the Washington School Plan, the North Highway Plan, as
amended, the University Boulevard Plan, and the new Amended Plan do
not exceed ten percent (10 %) of the assessed value of the City.
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 5
(i) The Amended Plan includes the requirements set out in Idaho Code §
50 -2905.
(j) The Amended Plan is sufficiently complete to indicate such land
acquisition, demolition and removal of structures, redevelopment,
improvements, and rehabilitation as may be proposed to be carried out in
the urban renewal area, zoning and planning changes, if any, land uses,
maximum densities, building requirements, and any method or methods
of financing such plan, which methods may include revenue allocation
financing provisions.
SECTION 2: The City Council finds that the Amended Project Area does not
consist of predominantly open land, that the Agency does not intend to acquire any
open land on any widespread basis, and that the Amended Project Area is planned to
be redeveloped in a manner that will include nonresidential uses. Provided, however,
the City Council finds that if portions of the Amended Project Area are deemed "open
land," the criteria set forth in the Law and Act has been met.
SECTION 3: The City Council finds that the Amended Plan meets the sound
needs of the City and will provide opportunities in an area that does not now contain
such opportunities, and nonresidential uses are necessary and appropriate to facilitate
the proper growth and development standards in accordance with the objectives of the
City of Rexburg 2020 Comprehensive Plan, as may be amended to overcome economic
disuse, the need for improved traffic patterns, and the need for the correlation of this
area with other areas of the City.
SECTION 4: The Amended Plan, a copy of which is attached hereto and
marked as Exhibit 3 and made a part hereof by attachment, be, and the same hereby is,
approved. As directed by the City Council, the City Clerk and /or the Agency may
make certain technical corrections or revisions in keeping with the information and
testimony presented at the November 5, 2014, hearing, and incorporate changes or
modifications, if any.
SECTION 5: No direct or collateral action challenging the Amended Plan
shall be brought prior to the effective date of this Ordinance or after the elapse of
thirty (30) days from and after the effective date of this Ordinance adopting the
Amended Plan.
SECTION 6: Upon the effective date of this Ordinance, the City Clerk is
authorized and directed to transmit to the County Auditor and Tax Assessor of Madison
County and to the appropriate officials of Madison County Board of County
Commissioners, city of Rexburg, Madison County Road and Bridge, Madison County
Library, Madison County Ambulance, Madison County Mosquito Abatement, Rexburg
Cemetery, Madison County School #321, and the State Tax Commission a copy of this
Ordinance, a copy of the legal description of the boundaries of the Amended Revenue
Allocation Area, and a map or plat indicating the boundaries of the Amended Revenue
Allocation Area.
SECTION 7: The City Council hereby finds and declares that the Amended
Revenue Allocation Area as defined in the Amended Plan, the equalized assessed
valuation, of which the City Council hereby determines is in and is part of the
Amended Plan, is likely to continue to increase as a result of the initiation and
completion of urban renewal projects pursuant to the Amended Plan.
SECTION 8: The City Council hereby approves and adopts the following
statement policy relating to the appointment of City Council members as members of
the Agency's Board of Commissioners: If any City Council members are appointed to
the Board, they are not acting in an ex officio capacity but, rather, as private citizens
who, although they are also members of the City Council, are exercising their
independent judgment as private citizens when they sit on the Board. Except for the
powers to appoint and terminate Board members and to adopt the Amended Plan, the
City Council recognizes that it has no power to control the powers or operations of the
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 6
Agency.
SECTION 9: So long as any Agency bonds, notes or other obligations are
outstanding, the City Council will not exercise its power under Idaho Code Section 50-
2006 to designate itself as the Agency Board.
SECTION 10: This Ordinance shall be in full force and effect immediately
upon its passage, approval, and publication and shall be retroactive to January 1, 2014,
to the extent permitted by the Act relating to the area added by the Amended Plan,
January 1, 2003, for the Downtown Plan, and January 1, 2009, for the Amended
Restated Downtown Plan.
SECTION 11: The provisions of this Ordinance are severable, and if any
provision of this Ordinance or the application of such provision to any person or
circumstance is declared invalid for any reason, such declaration shall not affect the
validity of remaining portions of this Ordinance.
SECTION 12: One -half plus one of the City Council members finding good
cause, the City Council hereby dispenses with the rule that this Ordinance be read on
three different days, and have hereby adopted this Ordinance, having considered it at
one reading.
SECTION 13: The Summary of this Ordinance, a copy of which is attached
hereto as Exhibit 4, is hereby approved.
SECTION 14: All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 15: 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 Rexburg, Idaho, on this 5th day of
November, 2014.
APPROVED by the Mayor of the city of Rexburg, Idaho, on this 5th day of
November, 2014.
Richard S. Woodland, Mayor
ATTEST:
Kay, City
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 7
Exhibit 1
RESOLUTION OF THE REXBURG PLANNING AND ZONING COMMISSION
RELATING TO THE SECOND AMENDED AND RESTATED DOWNTOWN
DISTRICT REDEVELOPMENT PLAN FOR THE CITY OF REXBURG
WHEREAS, the Rexburg Redevelopment Agency [hereinafter "Agency "7, has submitted
a proposed Urban Renewal Plan entitled "Second Amended and Restated Downtown District
Redevelopment Plan for the Downtown Urban Renewal Project" (the "Plan") to the City of
Rexburg, and the City Council, through the Mayor, referred the Plan to the Rexburg Planning
and Zoning Commission for review and recommendations concerning the conformity of said
Plan with the Comprehensive Plan known as the City of Rexburg Vision 2070 Cornprebensive
Plan; and
WTIEREAS, the staff of the Rexburg :Planning and Zoning Connu ssionn has reviewed
said Plan and has determined that it is in all respects in conformity with the Comprehensive Plan;
and
WHEREAS, the Rexburg Planning and Zoning Commission met on October 2, 2014, to
consider the Plan; and
WHEREAS, the Rexburg Planning and Zoning Commission has reviewed said Plan in
view of the Comprehensive Plan,
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF REXBURG, IDARO
Section 1. That the Plan, submitted by the Rexburg Redevelopment Agency and
referred to this Commission by the City Council for review, is in all respects in conformity with
the Comprehensive Plan.
Section 1 That the Director of the Plamning and Zoning Division by and hereby is
authorized and directed to provide the Rexburg City Council with a certified copy of this
Resolution relating to said Plan.
Section 1 That this Resolution shall be in fill force and effcet immediately upon its
adoption and approval.
PASSED by the Planning and Zoning, Commission of the City of Rexburg, Idaho, this
2nd day of October 2014.
95airman, Planning and Zoning Commission
Director, Planning and Zoning Division
435.41SR•2990,v.. 1
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 8
Exhibit 2
NOTICE PUBLISHED IN THE STANDARD JOURNAL
NOTICE OF REGULAR MEETING AND PUBLIC HEARING BY THE
CITY COUNCIL OF THE CITY OF REXBURG
TO CONSIDER THE
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN
REXBURG REDEVELOPMENT PROJECT
OF THE REXBURG REDEVELOPMENT AGENCY
OF THE CITY OF REXBURG
NOTICE IS HEREBY GIVEN that the City Council of the city of Rexburg will
hold during its regular meeting, a public hearing in City Council Chambers, 35 North 1St
East, Rexburg, Idaho, on November 05, 2014, at 7:10 p.m., to consider the Second
Amended and Restated Downtown District Redevelopment Plan for the Downtown Urban
Renewal Project ( "Plan") of the Rexburg Redevelopment Agency ( "Agency "). The
boundaries of the Plan Area, including the amended area, are hereinafter described. The
boundaries include both urban renewal and revenue allocation areas. The Plan proposes
that the Agency continue to undertake urban renewal projects pursuant to the Idaho Urban
Renewal Law of 1965 as amended. Generally, the Plan updates the Downtown Urban
Renewal Plan, originally adopted in 2003 and amended in 2009, to add an additional
revenue allocation/urban renewal area. The Plan being considered for adoption contains a
revenue allocation financing provision pursuant to the Local Economic Development Act,
Chapter 29, Title 50, Idaho Code, that will cause property taxes resulting from any increase
in equalized assessed valuation in excess of the equalized assessed valuation as shown on
the base assessment roll as of January 1, 2014, for the proposed additional revenue
allocation area to be allocated to the Agency for urban renewal purposes. The base
assessment roll for the original project area remains January 1, 2003, and for the first
amended area remains January 1, 2009. The Agency has adopted and recommended
approval of the Plan. [The City Council will also be considering the first through third
readings of an Ordinance to adopt the Plan.] The third reading of the Ordinance is also
scheduled for November 05, 2014, at 7:10 p.m....
The general scope and objectives of the Plan are:
1. Acquisition of certain real property (if needed) and through the voluntary
measures described in Section 305;
2. Demolition or removal of certain buildings and improvements for public rights -
of -way for streets, utilities, walkways, and other improvements for public facility
building sites, to eliminate unhealthful, unsanitary, or unsafe conditions, improve
density, eliminate obsolete or other uses detrimental to the public welfare, or
otherwise to remove or to prevent the spread of deteriorating or deteriorated
conditions;
3. Provision for participation by property owners within the Project Area to achieve
the objectives of this Plan;
4. Management of any property acquired by and under the ownership and control of
the Agency;
5. Provision for relocation assistance to displaced Project Area occupants, as
required by law;
6. The installation, construction, or reconstruction of streets, railroad spurs (as
allowed by law), utilities, including electrical distribution and transmission lines
in underground configuration, if needed to encourage new developments, fiber
optic or other communication systems, parking facilities, and other public
improvements, including, but not limited to, irrigation and drainage laterals and
ditches, canal crossings, storm drain systems, water and sewer improvements, fire
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 9
protection systems, streetlights, traffic signals, sidewalks, curbs, gutters, and other
public improvements, including community facilities owned or occupied by the
Agency or other public agencies, including the City's walkways, public open
spaces, community centers, cultural centers and visitors or information centers as
may be deemed appropriate by the Board, and also including other public
improvements, such as, but not limited to, installation, construction or
reconstruction of fire stations and/or police stations;
7. Disposition of property for uses in accordance with this Plan;
8. The redevelopment of land by private enterprise or public agencies for uses in
accordance with this Plan;
9. Rehabilitation of structures and improvements by present owners, their
successors, and the Agency;
10. Preparation and assembly of adequate sites for the development and construction
of facilities for commercial, public, mixed -use development, office, appropriate
retail, and other ancillary uses;
11. As allowed by law, lend or invest federal funds to facilitate redevelopment;
12. Construction of foundations, platforms, and other like structural forms necessary
for the provision or utilization of air rights, sites for buildings to be used for
residential, public, commercial, and other uses contemplated by the Plan, and to
provide utilities to the development site; and
13. Coordinating with the City in the implementation of the City's Comprehensive
Plan within the Project Area.
Any such land uses as described in the Plan will be in conformance with zoning
for the city of Rexburg and the Comprehensive Plan for the city of Rexburg, as adopted
by the City Council. Land made available will be developed by private enterprises or
public agencies as authorized by law. The Plan identifies various public and private
improvements which may be made within the Urban Renewal Area.
The Urban Renewal Project Area and Revenue Allocation Area herein referred
to is described as follows:
Original 2003 urban renewal revenue allocation area is more particularly
described as follows:
A. Description of urban renewal project area:
Blocks 32, 33, 34, 37, 38, 39, 40, and the surrounding streets of the Rexburg Original
Townsite, Madison County, Idaho; lying within Sections 19 and 30 of Township 6
North, Range 40 East of the Boise Meridian.
More particularly as follows:
Beginning at a point 49.5 feet East of the Southeast corner of said Section 19, thence
North 819 feet to the Southwest corner of Block 20, thence West 2,376 feet to the
Northeast corner of Block 31, thence South 759 feet, thence West 759 feet, thence
South 879 feet to the Northeast corner of Block 46, thence East 3,135 feet to the
Northwest corner of Block 8 of the Rigby Addition to Rexburg, thence North 819 feet
to the point of beginning.
B. Description of revenue allocation area:
Blocks 32, 33, 34, 37, 38, 39, 40, and the surrounding streets of the Rexburg Original
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 10
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Copies of the proposed Plan are on file for public inspection and copying for the
cost of duplication at the office of the City Clerk of Rexburg, 35 North 1" East,
Rexburg, Idaho, between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday,
exclusive of holidays.
The hearing will be held in a handicapped accessible facility. All information
presented in the hearing shall also be available upon advance request in a form usable
by persons with hearing or visual impairments; individuals with other disabilities may
receive assistance by contacting the City 24 hours prior to the hearing.
At the hearing date, time, and place noted above (November 05, 2014, at 7:10
p.m.), all persons interested in the above matters may appear and be heard. Written
comments will also be accepted. Comments should be directed to the City Clerk of
Rexburg. Written comments should be submitted prior to the hearing date.
DATED this 12th day of September, 2014.
d
Blair Kay, City Clerk
2 publication dates: October 2 "a and 16th, 2014.
Exhibit 3
SECOND
AMENDED AND RESTATED DOWNTOWN DISTRICT REDEVELOPMENT PLAN
REXBURG URBAN RENEWAL PROJECT
REXBURG REDEVELOPMENT AGENCY
CITY OF REXBURG, IDAHO
Ordinance No. 910
Adopted December 17, 2003
Effective December 22, 2003, Publication
Amended and Restated Plan
Ordinance No. 1035
Adopted December 2, 2009
Effective December 12, 2009, Publication
Second Amended and Restated Plan
Ordinance No. 1123
Adopted November 05, 2014
Effective November 08, 2014, Publication
TABLE OF CONTENTS
100 INTRODUCTION 14
100.1 General Procedures of the Agency 17
101 Provisions Necessary to Meet State and Local Requirements 17
101.1 Conformance with the Idaho Urban Renewal Law of 1965,
as Amended 17
101.2 History and Current Conditions 18
102 Purpose of Activities 19
200 DESCRIPTION OF PROJECT AREA 20
300 PROPOSED REDEVELOPMENT ACTIONS 20
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 12
301
302
303
303.1
304
305
305.1
305.2
306
307
308
308.1
308.2
309
309.1
309.1.1
309.1.2
309.1.3
309.1.4
310
311
312
313
314
400
401
402
402.1
403
403.1
403.2
403.3
404
404.1
404.2
404.3
404.4
404.5
404.6
404.7
404.8
404.9
404.10
404.11
404.12
405
405.1
405.2
405.3
405.4
500
501
502
503
504
504.1
504.2
504.3
504.4
General 20
Urban Renewal Plan Objectives 21
Participation Opportunities and Agreement 23
Participation Agreements 23
Cooperation with Public Bodies 24
Property Acquisition 25
Real Property 25
Personal Property 26
Property Management26
Relocation of Persons (Including Individuals and Families),
Business Concerns, and Others Displaced by the Project 26
Demolition, Clearance, Building Site Preparation and
Construction Activities 27
Demolition and Clearance 27
Building Site Preparation and Construction Activities
Property Disposition and Development 27
Real Property Disposition Development 27
General 27
Disposition and Development Documents 28
Development by the Agency 29
Development Plans 30
Personal Property Disposition30
Rehabilitation and Conservation 30
Participation with Private or Public Development 30
Conforming Owners 31
Arts Funding 31
USES PERMITTED IN THE PROJECT AREA 31
Redevelopment Plan Map and Development Strategy 31
Designated Land Uses31
Land Use Classifications 31
27
Other Land Uses 32
Public Rights -of -Way 32
Other Public, Semi - Public, Institutional, and Nonprofit Uses
Interim Uses 32
General Controls and Limitations 33
Construction 33
Rehabilitation and Retention of Properties 33
Limitation on Type, Size, and Height of Building 33
Open Spaces, Landscaping, Light, Air, and Privacy 33
Signs 33
Utilities 33
Incompatible Uses 33
Nondiscrimination and Nonsegregation 33
Subdivision of Parcels34
Minor Variations 34
Off - Street Loading 34
Off - Street Parking 34
Design for Development 34
Design Guidelines for Development 34
Design Guidelines for Development under a Disposition and
Development Agreement or Owner Participation Agreement
Nonconforming Uses 35
Design Review 36
METHODS OF FINANCING THE PROJECT 36
General Description of the Proposed Financing Method 36
Revenue Bond Funds 36
Other Loans and Grants 36
Revenue Allocation Financing Provisions 36
Economic Feasibility Study 38
Assumptions and Conditions/Economic Feasibility Statement
Ten Percent Limitation 39
Financial Limitation 39
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 13
32
35
38
505 Participation with Local Improvement Districts and Business
Improvement Districts 40
506 Issuance of Debt and Debt Limitation 41
507 Impact on Other Taxing Districts 41
508 Phasing and Other Fund Sources 42
509 [Reserved] 43
510 Lease Revenue, Parking Revenue, and Bonds 43
600 ACTIONS BY THE CITY 43
601 Maintenance of Public Improvements 44
700 ENFORCEMENT 44
800 DURATION OF THIS PLAN 44
900 PROCEDURE FOR AMENDMENT46
1000 SEVERABILITY 46
1100 ANNUAL REPORT 46
1101 APPENDICES, ATTACHMENTS, EXHIBITS, TABLES 46
ATTACHMENTS
Attachment 1
Description of the Project Area and Revenue Allocation Area
Attachment 2
Project Area- Revenue Allocation Area Boundary Map
Attachment 3
Private Properties Which May be Acquired by Agency
Attachment 4
Map Depicting Expected Land Uses and Current Zoning within the Revenue
Allocation Area and Project Area
Attachment 5
Statement of Proposed Public Improvements, Costs, Revenues, Tax Impacts and
Financing Methods (6 -12 -2014)
Attachment 5A
Estimated Net Taxable Value of New Private Development
(Commercial/Residential) Rexburg Downtown Urban Renewal Project (6 -12-
2014)
Attachment 5B
Estimated Annual Tax Revenue Allocations
Rexburg Downtown Urban Renewal Project (6 -12 -2014)
Attachment 5C
Estimated Annual Revenues and Costs
Rexburg Downtown Urban Renewal Project (6 -12 -2014)
SECOND AMENDED AND RESTATED DOWNTOWN DISTRICT REDEVELOPMENT PLAN
FOR
REXBURG URBAN RENEWAL PROJECT
REXBURG REDEVELOPMENT AGENCY
CITY OF REXBURG, IDAHO
L 100 INTRODUCTION
This is the Second Amended and Restated Downtown District Redevelopment
Plan' (the "Plan") for the Downtown Urban Renewal Project (the "Project Area," which
includes the Downtown Project Area of 2003 (the "2003 Project Area "), the West 2nd
South Hemming Site (the "2009 Project Area ") and a new area described below as the
East 2" a South Area), in the city of Rexburg (the "City "), county of Madison, state of
Idaho, and consists of the text contained herein and the following attachments:
Description of the Project Area and Revenue Allocation Area (Attachment 1);
Project Area- Revenue Allocation Area Boundary Map (Attachment 2);
Private Properties Which May be Acquired by Agency (Attachment 3);
' This Second Amended and Restated Downtown District Redevelopment Plan is organized in a manner
which, instead of showing new text underlined and text deleted as crossed out, simply restates in total the
text of this Plan. Many of the tables and exhibits from the original 2003 Project Area and the 2009
Project Area are not repeated in this Plan for ease of review and analysis. Additionally, much of the
financial information and improvement list has been replaced or superseded. The original work for the
2003 Project Area and the 2009 Project Area is available through the Agency or the city of Rexburg.
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 14
Map Depicting Expected Land Uses and Current Zoning within the Revenue
Allocation Area and Project Area (Attachment 4);
Statement of Proposed Public Improvements, Costs, Revenues, Tax Impacts and
Financing Methods (6 -12 -2014) (Attachment 5);
Estimated Net Taxable Value of New Private Development (Commercial/
Residential) Rexburg Downtown Urban Renewal Project, as Amended (6 -12
2014) (Attachment 5A);
Estimated Annual Tax Revenue Allocations Rexburg Downtown Urban Renewal
Project, as Amended (6 -12 -2014) (Attachment 5B); and
Estimated Annual Revenues and Costs Rexburg Downtown Urban Renewal
Project, as Amended (6 -12 -2014) (Attachment 5C).
The term "Project" is used herein to describe the overall activities defined in
this Plan and conforms with the statutory definition of the urban renewal project.
Reference is specifically made to Idaho Code Section 50- 2018(10) and 50- 2903(13) for
the various activities contemplated by the term "Project." Such activities include both
private and public development of property within the Project Area. The tern
"Project" is not meant to refer to a specific activity or development scheme.
Collectively, the 2003 Project Area, the 2009 Project Area and the East 2 "d South Area
are referred to as the "Project Area."
This Plan was prepared for the Rexburg Urban Renewal Agency, aka the
Rexburg Redevelopment Agency (the "Agency "), Board of Commissioners, by its
consultants and staff of the Agency pursuant to the Idaho Urban Renewal Law of 1965
(Chapter 20, Title 50, Idaho Code), as amended (the "Law "), the Local Economic
Development Act (Chapter 29, Title 50, Idaho Code), as amended (the "Act "), and all
applicable local laws and ordinances.
The proposed redevelopment of the Project Area as described in this Plan
conforms to the City of Rexburg Vision 2020 Comprehensive Plan (the
"Comprehensive Plan"), adopted by the City Council of the city of Rexburg ( "City
Council ") on March 4, 2009, pursuant to Resolution No. 2009 -03, as amended.
The Agency may create several planning documents that generally describe the
overall Project and identify certain specific public and private capital improvement
projects. Because of the changing nature of the Project, these documents, by necessity,
must be dynamic and flexible. The Agency anticipates that these documents will be
modified as circumstances warrant. Any modification, however, shall not be deemed as
an amendment of this Plan. No modification will be deemed effective if it is in conflict
with this Plan. The planning documents are purposely flexible and do not constitute
specific portions of the Plan. Provided, however, prior to the adoption of any planning
document or proposed modification to any planning document, the Agency shall notify
the City and publish a public notice of such proposed modification at least thirty (30)
days prior to the consideration of such proposed modification, thus, providing the City
and any other interested person or entity an opportunity to comment on said proposed
modification. The Agency Board shall consider any such comments and determine
whether to adopt the modification. The planning documents apply to redevelopment
activity within the Project Area as described herein. In the event of any conflict
between this Plan and the appended documents, the provisions of this Plan shall
control. The Agency intends to rely heavily on any applicable City design standards
which may cover all or part of the Project Area.
This Plan provides the Agency with powers, duties, and obligations to implement
and further the program generally formulated in this Plan for redevelopment, rehabilitation,
and revitalization of the area within the boundaries of the Project Area. The Agency retains
all powers allowed by the Law and Act. Because of the long -term nature of this Plan and
the need to retain flexibility to respond to market and economic conditions, property owner
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 15
and developer interests, and opportunities from time to time presented for redevelopment,
this Plan does not present a precise plan or establish specific projects for redevelopment,
rehabilitation, and revitalization of any area within the Project Area nor does this Plan
present specific proposals in an attempt to solve or alleviate the concerns and problems of
the community relating to the Project Area. Instead, this Plan presents a process and a
basic framework within which specific plans will be presented, specific projects will be
established, and specific solutions will be proposed, and by which tools are provided to the
Agency to fashion, develop, and proceed with such specific plans, projects, and solutions.
In particular this Plan attempts to respond to the challenges created by the development
and enhancement of Brigham Young University -Idaho campus located in Rexburg,
Idaho.
Implementation of this Plan will require public co- investment to help stimulate
desired private development. Typically, the public will fund enhanced public
improvements like utilities, streets, alley improvements, storm drainage facilities,
sidewalks, street lights, traffic signals, parking facilities, public buildings, or open
space /plazas which, in turn, create an attractive setting for adjacent private investment in
office, retail, residential housing, or other commercial facilities.
The particular projects or redevelopment projects by private entities described
herein are not intended to be an exclusive or exhaustive list of potential redevelopment
activity. Allowed projects are those activities which comply with the Law and the Act
and meet the overall objectives of this Plan. The public - private relationship is crucial
in the successful redevelopment of the Project Area.
The purpose of the Law will be attained through and the major goals of this Plan
are:
a. The elimination of environmental deficiencies in the Project Area, including, among others,
deteriorated and inadequate public improvements including certain streets and improvements;
improvements to public utilities including water and sewer improvements, fire protection
systems, railroad spurs and crossings (as allowed by law); streetlights; other public
improvements; removal, burying, or relocation of overhead utilities; extension of electrical
distribution lines and transformers; improvement of irrigation and drainage ditches and laterals;
improvement of stone drainage facilities; and environmental remediation of brownfield sites;
b. The assembly of land into parcels suitable for modern, integrated development with improved
setback, parking, pedestrian, and vehicular circulation in the Project Area;
c. The replanning, redesign, and development of undeveloped or underdeveloped areas which are
stagnant or improperly utilized;
d. The strengthening of the economic base of the Project Area and the community by installation
of needed public improvements and facilities to stimulate new private development, commercial
expansion, employment, and economic growth;
e. The establishment and implementation of performance criteria to assure high site design
standards, environmental quality, and other design elements which provide unity and integrity to
the entire Project Area;
f The strengthening of the tax base by encouraging private development, thus, increasing the
assessed valuation of properties within the Project Area as a whole and benefiting the various
taxing districts in which the Project Area is located;
g. The creating of public spaces, gateway entries, and the like;
h. The provision of civic buildings and public facilities owned or occupied by the Agency or other
public entities including the City;
i. The provision of adequate land for open space, street rights -of -way and pedestrian rights -of-
way, alley improvements, sidewalks, street lights, parking facilities, traffic signals;
j. Implementation of the Comprehensive Plan by the Agency within the Project Area to the extent
funding is available and the implementation if activities are eligible activities under the Law and
Act; and
k. Installation, construction or reconstruction of public facilities or buildings, including but not
limited to fire stations and/or police stations.
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 16
The Agency retains all powers allowed by law. The Agency will encourage
projects with those activities which comply with the Law and the Act and meet the
overall objectives of this Plan.
A primary purpose of this Plan is to provide an update of historical activities of
the Agency since 2003, a projection of remaining activities through 2027, and the
addition of the East 2nd South Area. The 2003 Plan provided a term of twenty -four
years but showed projections and estimates only through 2013 /2014, with the
expectation that the Agency might have completed those activities within that time
frame. Because of a variety of circumstances, the activities took longer to achieve, and
in 2009, the 2003 Plan was amended, in part, to add an additional geographic area
referred to as West 2nd South, or the Hemming Site. This Plan describes projected
activities through 2027, the Plan's termination date. An additional purpose of this Plan
is to update the Plan to include legislative changes since 2009.
The Agency will encourage projects with those activities which comply with the
Law and the Act and meet the overall objectives of this Plan.
1. 100.1 General Procedures of the Agency
The Agency is a public body, corporate and politic, as defined and described
under the Law and the Act. The Agency is also governed by its bylaws as authorized
by the Law and adopted by the Agency. Under the Law, the Agency is governed by the
Idaho open meeting law, the Public Records Act, the Ethics in Government Act,
financial reporting requirements, and the competitive bidding requirements under
Chapter 28, Title 67, Idaho Code.
Generally, the Agency shall conduct all meetings in open session and allow
meaningful public input as mandated by the issue considered or by any statutory or
regulatory provision. Whenever in this Plan it is stated that the Agency may modify,
change, or adopt certain policy statements or contents of this Plan not requiring a
formal amendment to the Plan as required by the Law or the Act, it shall be deemed to
mean a consideration by the Board of such policy or procedure, duly noticed upon the
Agency meeting agenda, considered by the Agency at an open public meeting, and
adopted by a majority of the members present, constituting a quorum, unless any
provision herein provides otherwise.
B. 101 Provisions Necessary to Meet State and Local Requirements
1. 101.1 Conformance with the Idaho Urban Renewal Law of 1965, as
Amended
The laws of the state of Idaho require that an urban renewal plan be prepared for
an area certified as an urban renewal area by the City Council. The 2003 Project Area
was certified by the City Council by Resolution No. 2003 -06 on March 19, 2003.
With the adoption of Resolution No. 2003 -06, the City Council found the 2003
Project Area a deteriorated and deteriorating area existing in the City as defined by the
Law and Act, and authorized the preparation of an urban renewal plan.
On October 29, 2003, the Agency formally recommended adoption of the 2003
Plan by passage of Resolution No. 2003 -2. The plan was then formally submitted to
the Mayor of the City.
In accordance with the Law, the 2003 Plan was submitted to the Planning and
Zoning Commission of the City. After consideration of the 2003 Plan, the Commission
reported to the City Council stating that the 2003 Plan was in conformity with the
Comprehensive Plan of the City.
Pursuant to the Law and the Act, the City Council, having published due notice
thereof, a public hearing was held on the 2003 Plan. Notice of the hearing was duly
published in a newspaper having general circulation. The City Council adopted the
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 17
2003 Plan on December 17, 2003, by Ordinance No. 910, deemed effective upon
publication on December 22, 2003.
Subsequent to the establishment of the 2003 Project Area, the Agency reviewed
the eligibility of the West 2nd South Hemming Site as an urban renewal area. The
2009 Project Area, amending the 2003 Project Area, was certified by the City Council
on September 3, 2008, by adoption of City Council Resolution 2008 -18.
With the adoption of Resolution No. 2008 -18, the City Council found the 2009
Project Area a deteriorated and deteriorating area existing in the City as defined by the
Law and Act, and authorized the preparation of the first amended and restated urban
renewal plan.
On October 15, 2009, the Agency Board formally recommended adoption of the
2009 Plan, amending the 2003 Plan, by passage of Agency Resolution No. 2009 -04.
The 2009 Plan was then formally submitted to the Mayor and City Council. After
consideration of the 2009 Plan, the Commission reported to the City Council stating
that the 2003 Plan was in conformity with the Comprehensive Plan of the City.
In accordance with the Law and Act, the City Council having published due
notice thereof, a public hearing was held on the 2009 Plan, amending the 2003 Plan, on
December 2, 2009. Notice of the hearing was duly published in a newspaper of general
circulation. The City Council adopted this Plan on December 2, 2009, by Ordinance
No. 1035, deemed effective upon publication on December 12, 2009.
In 2014, the Agency considered whether to amend the Plan to add additional
projects. Additionally, the Agency reviewed the eligibility of a geographic area
adjacent and contiguous to the 2003 and 2009 Project Areas, referred to as the East 2nd
South Area for purposes of determining whether to amend the Plan. The East 2 "d South
Area was certified by the City Council on July 2, 2014, by adoption of City Council
Resolution 2014 -12.
With the adoption of Resolution No. 2014 -12, the City Council found the East
2 "d South Area to be a deteriorated and deteriorating area existing in the City as defined
by the Law and Act, and authorized the preparation of the second amended and restated
urban renewal plan.
On July 24, 2014, the Agency Board formally recommended adoption of this
Plan, by passage of Agency Resolution No. 2014 -6. This Plan was then formally
submitted to the Mayor and City Council. After consideration of the this Plan, the
Commission reported to the City Council stating that this Plan was in conformity with
the Comprehensive Plan of the City.
In accordance with the Law and Act, the City Council having published due
notice thereof, a public hearing was held on this Plan on November 05, 2014. Notice of
the hearing was duly published in a newspaper of general circulation. The City Council
adopted this Plan on November 05, 2014, by Ordinance 1123, deemed effective upon
publication on November 08, 2014.
2. 101.2 History and Current Conditions
A summary of the Agency's activities since 2003 is described on Attachment
5C. Since the adoption of the initial urban renewal plan in 2003, the Agency has
focused on approving an overall downtown planning document. The Agency has also
acquired certain property and undertaken certain demolition of structures to provide
enhanced access to public parking.
The original project area was the subject of an initial Eligibility Report dated
January 31, 2003. The Downtown District Area is a deteriorating area because of the
presence of various conditions, most of which are related to the public infrastructure or
certain private improvements or facilities which are deteriorating in nature. Either
public infrastructure is older and needs to be replaced and/or upgraded or it is grossly
inadequate to serve planned new development. In either case, the result is the same;
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 18
existing development is often discouraged from upgrading and expanding, and new
development is often slowed or thwarted because of the lack of necessary public
infrastructure. Certain parcelization, inadequate parking, and/or potential of the loss of
parking hinder development opportunity.
During 2008 and 2009, the Agency and other interested parties began to
examine the need for an expansion of the original project area to include what has
sometimes been referred to as the West 2nd South Hemming Site. This additional
project area responds to certain deteriorating conditions, development opportunity, and
the need for public services and improvements.
During 2014, the Agency and other interested parties began to examine the need
to further expand the amended project area to include the East 2 South Area. The
infrastructure in this area is deteriorated or deteriorating and is inadequate to serve
planned new developments in the Project Area. The East 2 °d South Area lacks
sidewalks and streetlights. Several rights -of -way require reconstruction and new traffic
signals. Finally, improvements are required to the sewer and water systems, as well as
to the storm water facilities and systems. Furthermore, the Agency also reviewed the
need for additional projects in the Project.Area and identified certain public facilities
requiring updating in order to serve the new development in the Project Area, including
the need for an upgraded fire station. This type of improvement was not specifically
contemplated by the original 2003 Plan or the 2009 Amended and Restated Plan.
The preparation and approval of an urban renewal plan, including a revenue
allocation financing provision, gives the City additional resources to solve the public
infrastructure problems in this area. Revenue allocation financing should help to
improve the situation. In effect, property taxes generated by new developments within
the area may be used by the City's urban renewal agency to finance a variety of needed
public improvements and facilities. Finally, some of the new developments may also
generate new jobs in the community that would, in turn, benefit area residents.
C. 102 Purpose of Activities
The description of activities, public improvements, and the estimated costs of
those items are intended to create an outside limit of the Agency's activity. The
Agency reserves the right to change amounts from one category to another as long as
the overall total amount estimated is not substantially exceeded. The items and
amounts are not intended to relate to any one particular development, developer, or
owner. Rather, the Agency intends to discuss and negotiate with any owner or
developer who seeks Agency assistance. During such negotiation, the Agency will
determine, on an individual basis, the eligibility of the activities sought for Agency
funding and the amount the Agency may fund by way of percentage or other criteria.
The Agency will also take into account the amount of revenue allocation proceeds
estimated to be generated from the developer's activities. The Agency also reserves the
right to establish, by way of policy, its funding percentage or participation, which
would apply to all developers and owners.
Throughout this Plan there are references to Agency activities, Agency funding,
and the acquisition, development, and contribution of public improvements. Such
references do not necessarily constitute a full, final, and formal commitment by the
Agency but rather grant to the Agency the discretion to participate as stated subject to
achieving the objectives of this Plan and provided such activity is deemed eligible
under the Law and the Act. In some respects the activities listed in Attachment 5 are
concepts which will be determined or prioritized as the overall Project Area develops.
The Agency reserves the right to prioritize the projects described in this Plan.
The Agency also reserves the right to retain its flexibility in funding the various
activities. The Agency also reserves its discretion and flexibility in deciding which
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 19
improvements should be funded and at what level, whether using its own funds or funds
generated by other sources.
The activities listed in Attachment 5 are also prioritized by way of importance
to the Agency by the amounts funded and by year of funding, with earlier years
reflecting the more important activities, achievement of higher objectives, long term
goals, and commitments. As required by the Law and Act, the Agency will adopt more
specific budgets annually.
II. 200 DESCRIPTION OF PROJECT AREA
The boundaries of the Project Area and of the Revenue Allocation Area are
described in Attachment 1, which is attached hereto and incorporated herein by
reference, and are shown on the Project Area and Revenue Allocation Boundary Map,
attached hereto as Attachment 2 and incorporated herein by reference. The Project
Area now includes the geographic area initially determined to be eligible for urban
renewal activity by virtue of the 2003 Eligibility Report dated January 31, 2003, the
West 2nd South Area Hemming Site determined to be eligible for urban renewal
activity pursuant to the 2009 Eligibility Report, dated September 9, 2009, and the East
2nd South Area determined to be eligible for urban renewal activity pursuant to the
2014 Eligibility Report, dated June 12, 2014. As originally adopted in 2003, the urban
renewal area and revenue allocation area are not co- terminous, as the revenue allocation
area does not include the Melaleuca property on Block 39. This distinction continued
through the 2009 amendment, and through this amendment adding the East 2nd South
Area. For purposes of boundary descriptions and use of proceeds for payment of
improvements, the boundary shall be deemed to extend to the outer boundary of rights -
of -way or other natural boundary unless otherwise stated.
III. 300 PROPOSED REDEVELOPMENT ACTIONS
A. 301 General
The Agency proposes to eliminate and prevent deterioration and the spread of
deteriorating conditions in the Project Area by:
1. Acquisition of certain real property (if needed) and through the
voluntary measures described in Section 305;
2. Demolition or removal of certain buildings and improvements for public
rights -of -way for streets, utilities, walkways, and other improvements
for public facility building sites, to eliminate unhealthful, unsanitary, or
unsafe conditions, improve density, eliminate obsolete or other uses
detrimental to the public welfare, or otherwise to remove or to prevent
the spread of deteriorating or deteriorated conditions;
3. Provision for participation by property owners within the Project Area to
achieve the objectives of this Plan;
4. Management of any property acquired by and under the ownership and
control of the Agency;
5. Provision for relocation assistance to displaced Project Area occupants,
as required by law;
6. The installation, construction, or reconstruction of streets, railroad spurs (as allowed by
law), utilities, including electrical distribution and transmission lines in underground
configuration, if needed to encourage new developments, fiber optic or other
communication systems, parking facilities, and other public improvements, including,
but not limited to, irrigation and drainage laterals and ditches, canal crossings, storm
drain systems, water and sewer improvements, fire protection systems, streetlights,
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 20
traffic signals, sidewalks, curbs, gutters, and other public improvements, including
community facilities owned or occupied by the Agency or other public agencies,
including the City's walkways, public open spaces, community centers, cultural centers
and visitors or information centers as may be deemed appropriate by the Board, and
also including other public improvements, such as, but not limited to, installation,
construction or reconstruction of fire stations and/or police stations;
Disposition of property for uses in accordance with this Plan;
8. The redevelopment of land by private enterprise or public agencies for
uses in accordance with this Plan;
9. Rehabilitation of structures and improvements by present owners, their
successors, and the Agency;
10. Preparation and assembly of adequate sites for the development and
construction of facilities for commercial, public, mixed -use
development, office, appropriate retail, and other ancillary uses;
11. As allowed by law, lend or invest federal funds to facilitate
redevelopment;
12. Construction of foundations, platforms, and other like structural forms
necessary for the provision or utilization of air rights, sites for buildings
to be used for residential, public, commercial, and other uses
contemplated by the Plan, and to provide utilities to the development
site; and
13. Coordinating with the City in the implementation of the City's
Comprehensive Plan within the Project Area.
In the accomplishment of these purposes and activities and in the
implementation and the furtherance of this Plan, the Agency is authorized to use all the
powers provided in this Plan and all the powers now or hereafter permitted by law. The
Agency intends to encourage development of a mixed -use project consisting of
governmental, residential, office, and supporting commercial and retail. For purposes
of this Plan, the reference to "Mixed -Use Development" shall mean this objective.
B. 302 Urban Renewal Plan Objectives
Urban renewal action is necessary in the Project Area to combat problems of
physical deterioration or deteriorating conditions.
The Project Area consists of the original approximately seven (7) city blocks
bordered by 2nd West on the west, 2nd East on the east, 1 st North on the north, and 1 st
South on the south. The 2009 amendment added the West 2nd South Area Hemming
Site that included the area of West 1 st South on the north, South 1 st West on the east,
properties on West 2nd South on the south, and South 2nd West on the west. The East
2 "d South Area includes the following public street rights -of way:
1. East 2 "d South Street from South 1st West Street to South 2nd East Street;
2. South Center Street from East 1st South Street to East 2nd South Street;
3. College Avenue from East 1st South Street to East 2 "d South Street;
4. South 1" East Street from East 1st South Street to East 2nd South Street;
5. Princeton Court; and
6. South 2 "d East from East 1St South Street to East 2 "d South Street.
The area has a history of a slow - growing tax base primarily attributed to
inadequate and deteriorating public improvements and facilities, poorly maintained
properties, undeveloped and underdeveloped properties, diverse property ownership,
parcel site and configuration, and other deteriorating factors.
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 21
Hence, the Plan for the Project Area is a proposal for street and utility
improvements to provide an improved environment for new commercial, residential,
public and Mixed -Use Development developments; eliminate unsafe conditions; assist
potential owner participation and other developers to create appropriate development
sites through parcelization of existing larger parcels and, where necessary, through
acquisition, demolition, and disposition activities; and otherwise prevent the extension
of deterioration and reverse the deteriorating action of the area.
Any streets or other rights -of -way to be vacated or relocated will create
additional building area for Mixed -Use Development or public use. Vacations or
relocations must be requested from the City or any agency having jurisdiction over the
particular public right -of -way.
Air rights and subterranean rights may be disposed of for any permitted use
within the Project Area boundaries.
Less than fee acquisition may be utilized by the Agency when and if necessary
to promote redevelopment in accordance with the objectives of the Plan.
The Agency may act to improve transportation opportunities throughout the
Project Area.
The Agency may participate in the cost of removal of extraordinary site
conditions. A further objective of the Plan is to provide for the acquisition and
clearance of property to be used for other public facilities. Off - street parking facilities
may be developed to serve new commercial uses within the Project Area. Finally, an
objective of the Plan is to provide for installation, construction or reconstruction of
public facilities or buildings, including but not limited to fire stations and/or police
stations. Over the life of the Plan, land use in the Project Area will be modified to the
extent that buildings currently vacant and land underdeveloped may be converted to
Mixed -Use Development, public and private parking, and public /semi - public uses.
The provisions of this Plan are applicable to all public and private property in
the Project Area. The provisions of the Plan shall be interpreted and applied as
objectives and goals, recognizing the need for flexibility in interpretation and
implementation, while at the same time not in any way abdicating the rights and
privileges of the property owners which are vested in the present and future zoning
classifications of the properties. All development under an owner participation
agreement shall conform to those standards specified in Section 303.1 of this Plan.
This Plan must be practical in order to succeed. Particular attention has been
paid to how it can be implemented, given the changing nature of market conditions.
Transforming the Project Area into a vital, thriving part of the community requires an
assertive strategy. The following list represents the key elements of the Plan:
1. Initiate simultaneous projects designed to revitalize the Project Area. From street and
utility improvements to significant new development, the Agency plans a key role in
creating the necessary momentum to get and keep things going.
2. Secure certain public open space in critical areas (e.g., plazas and pathways); this public
open space will greatly increase property values adjacent to it and greatly contribute
simultaneously to a new sense of place.
3. Develop new Mixed -use Development projects.
4. Pursue development across all land -use sectors.
5. Develop parking facilities.
6. Install, construct, or reconstruct public facilities or buildings, including but not limited to
fire stations and/or police stations.
Without Agency intervention, much of the Project Area could remain
unchanged through the remaining term of the Plan. It is anticipated success will come
through numerous public - private partnerships. The Plan creates the necessary flexible
framework for the Project Area to support the City's economic development.
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 22
C. 303 Participation Opportunities and Agreement
1. 303.1 Participation Agreements
The Agency shall enter into an owner participation agreement with any existing
or future owner of property in the event the property owner seeks and/or receives
assistance from the Agency in the redevelopment of the property. In that event, the
Agency may allow for an existing or future owner of property to remove the owner's
property and/or structure from future Agency acquisition subject to entering into an
owner participation agreement.
Each structure and building in the Project Area to be rehabilitated or new
projects to be constructed as a condition of the owner participation agreement between
the Agency and the owner pursuant to this Plan will be considered to be satisfactorily
rehabilitated and constructed, and the Agency will so certify, if the rehabilitated or new
structure meets the following standards through an executed owner participation
agreement to meet conditions described below:
Any such property within the Project Area shall be required to conform to all
applicable provisions, requirements, and regulations of this Plan. The owner
participation agreement may require as a condition of financial participation
by the Agency a commitment by the property owner to meet the greater
objectives of the land use elements identified in the Comprehensive Plan, and
applicable zoning ordinances. Upon completion of any rehabilitation or new
development, each structure must be safe and sound in all physical respects
and be refurbished and altered to bring the property to an upgraded marketable
condition which will continue throughout an estimated useful life for a
minimum of twenty (20) years.
2. All such buildings or portions of buildings which are to remain within the
Project Area shall be rehabilitated in conformity with all applicable codes and
ordinances of the City.
3. Any new construction shall also conform to all applicable provisions,
requirements, and regulations of this Plan.
4. Any new construction shall also conform to all applicable codes and ordinances of
the City.
5. Participant shall be charged a fee of one percent (1 %) to pay overhead expenses
calculated on the private development investment identified in any approved
reimbursement agreement or disposition and development agreement or on
any public infrastructure project funded by the Agency, setting aside one
percent (1 %) of the infrastructure project costs for overhead expenses.
All such agreements will address phasing issues, justification and eligibility of project
costs, and achievement of the obiectives of the Plan. Agency shall retain its discretion in the
funding level of its participation.
In such participation agreements, participants who retain real property shall be
required to join in the recordation of such documents as may be necessary to make the
provisions of this Plan applicable to their properties. Whether or not a participant
enters into a participation agreement with the Agency, the provisions of this Plan are
applicable to all public and private property in the Project Area.
In the event a participant fails or refuses to rehabilitate, develop, use, and
maintain the participant's real property pursuant to this Plan and a participation
agreement, the real property or any interest therein may be acquired by the Agency in
accordance with Section 305 of this Plan and sold or leased for rehabilitation or
development in accordance with this Plan.
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 23
Owner participation agreements may be used to implement the following objectives:
Encouraging established businesses to revitalize deteriorating areas of their
parcels to accelerate the enhancement of the street environment in the Plan
area;
2. Subject to the limitations of the Law and the Act, providing incentives to
existing property owners or tenants to encourage continued utilization and
expansion of existing permitted uses to prevent properties from falling into
disuse, a proliferation of vacant and deteriorated parcels;
3. Allowing existing nonconforming uses to continue in accordance with City
regulations and to accommodate improvements and expansions allowed by
City regulations; and
4. Subject to the limitations of the Act, providing incentives to improve
nonconforming properties so they implement the design guidelines addressed
in this Plan to the extent possible and to encourage an orderly transition from
nonconforming to conforming uses over the planning horizon.
D. 304 Cooperation with Public Bodies
Certain public bodies are authorized by state law to aid and cooperate, with or
without consideration, in the planning, undertaking, construction, or operation of this
Project. The Agency shall seek the aid and cooperation of such public bodies and shall
attempt to coordinate this Plan with the activities of such public bodies in order to
accomplish the purposes of redevelopment and the highest public good.
Subject to applicable authority, the Agency may impose on all public bodies the
provisions and controls contained in this Plan to ensure that present uses and any future
development by public bodies will conform to the requirements of this Plan. The
Agency is authorized to financially (and otherwise) assist any public entity in the cost
of public land, buildings, facilities, structures, or other improvements within the Project
Area.
The Agency specifically intends to cooperate to the extent allowable by law
with the City, Madison County, the State of Idaho, and School District 321, and any
other taxing districts for the construction and reconstruction of public improvements
and facilities, including water and sewer systems, and improvements to city streets and
the state highway. Specifically, the Agency intends to address traffic issues in the
Project Area with the City. The Agency seeks to provide input, guidance, and financial
assistance, if available, to improve traffic flow, roadway /access improvements,
streetscapes, parking, and related traffic issues. The Agency also intends to cooperate
with local authorities to improve other transportation opportunities in the Project Area.
Finally, the Agency intends to cooperate with the City, Madison County and/or other
taxing districts for the construction and/or reconstruction of public facilities or
buildings, including but not limited to fire stations and/or police stations.
The Agency, by law, is not authorized to acquire real property owned by public
bodies without the consent of such public bodies. The Agency, however, will seek the
cooperation of all public bodies that own or intend to acquire property in the Project
Area. Any public body that owns or leases property in the Project Area will be
afforded all the privileges of an owner participant if such public body is willing to enter
into a participation agreement with the Agency. All plans for development of property
in the Project Area by a public body shall comply with the provisions of this Plan, in
the event the Agency is providing any financial assistance.
In the event the Agency is participating in the public development by way of
financial incentive or otherwise, the public body shall enter into a participation
agreement with the Agency and then shall be bound by the Plan and other land use
elements and shall conform to those standards specified in Section 405 of this Plan.
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 24
E. 305 Property Acquisition
1. 305.1 Real Property
Only as specifically authorized herein, and only through voluntary sale by the
property owner, the Agency may acquire, but is not required to acquire, any real
property located in the Project Area where it is determined that the property is needed
for construction of public improvements or required to eliminate or mitigate the
deteriorated or deteriorating conditions, and as otherwise allowed by law. The
acquisition shall be by any means authorized by law, including, but not limited to, the
Law, the Act, and the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended, but shall not include the right to invoke eminent
domain authority except as authorized herein.. The Agency is authorized to acquire
either the entire fee or any other interest in real property less than a fee, including
structures and fixtures upon the real property, without acquiring the land upon which
those structures and fixtures are located.
The Agency shall not acquire real property to be retained by an owner pursuant
to a participation agreement if the owner fully performed under the agreement.
The Agency intends to acquire any real property through voluntary or
consensual gift, devise, exchange, or purchase. Such acquisition of property may be for
the development of the public improvements identified in this Plan or for the assembly
of properties for the redevelopment of those properties to achieve the objectives of this
Plan. Such properties may include properties owned by private parties or public
entities. This Plan does not anticipate the Agency's widespread use of its resources for
property acquisition, except for the construction of public improvements, any ability to
engage in certain demonstration and strategic projects, and other major objectives
outlined in this Plan, and to assemble certain critical or strategic parcels to dispose to
the private sector to assist in the redevelopment of the Project Area.
In the event the Agency identifies certain property which should be acquired to
develop certain public improvements intended to be constructed under the provisions of
this Plan, the Agency shall coordinate such property acquisition, with any other public
entity (e.g., without limitation, the City or the State of Idaho, or any of its authorized
agencies), including the assistance of the Agency of funds to acquire said property
either through a voluntary acquisition or the public entity's invoking of its eminent
domain authority.
The Agency is authorized by this Plan to acquire the properties identified in
Attachment 3 hereto. Otherwise, Agency acquisition of any other real property shall be
accomplished only following a formal amendment to this Plan properly approved by
the City Council that will include an exhibit identifying the property to be acquired.
Under the provisions of the Act, the urban renewal plan "shall be sufficiently
complete to indicate such land acquisition, demolition, and removal of structures,
redevelopment, improvements, and rehabilitation as may be proposed to be carried out
in the urban renewal area." Idaho Code § 50- 2018(12)(b). The Agency has not
identified any particular parcel for acquisition for the construction of public
improvements with the exception of the School District site and surrounding properties
on that block. However, certain parcels may be acquired for development of public
improvements, assemblage of parcels, or other demonstration projects. These activities
are generally described in Attachment 3. The Agency may also acquire property for the
purpose of developing public parking facilities, public open space, other public
facilities, including but not limited to fire stations and/or police stations and to enhance
the opportunity for other uses. At the present time, the Agency cannot specifically
identify which parcels may be necessary for acquisition. The Agency reserves the right
to determine which properties, if any, should be acquired. Generally, the Agency will
invoke its acquisition authority only for the elimination or mitigation of deteriorated or
deteriorating buildings, structures, or properties in order to enhance public open space
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 25
in the Project Area or assist or participate in site reclamation, remediation, or
elimination of deteriorated areas, and then only by voluntary means. However, the
Agency's authority to invoke eminent domain to acquire real property for disposition to
private parties for economic development is limited by Idaho Code Section 7 -701 A.
2. 305.2 Personal Property
Generally, personal property shall not be acquired. However, where necessary
in the execution of this Plan and where allowed by law, the Agency is authorized to
acquire personal property in the Project Area by any lawful means. For purposes of
this Plan, acquisition of certain permanent fixtures or improvements upon real property
shall be governed by this section. The Agency retains the right to purchase those
fixtures or improvements (including buildings) for the purpose of eliminating certain
deteriorated or deteriorating structures to facilitate the redevelopment of the real
property upon which the buildings and structures are located. Such acquisition shall be
based upon appraised value of the structures and negotiation with the owner of the
structures. The Agency shall take into account, before committing to such acquisition,
any environmental or other liability present or potentially present in such structures. In
the event, the Agency determines to acquire such property; it shall do so upon the
successful negotiation of an owner participation agreement in compliance with the
terms of Section 303.1 of this Plan. hi addition, such owner shall commit to the
redevelopment of the real property and to maintain the real property in a safe and clean
manner. The Agency shall acquire such property by way of any acceptable
conveyance.
F. 306 Property Management
During such time such property, if any, in the Project Area is owned by the
Agency, such property shall be under the management and control of the Agency. Such
property may be rented or leased by the Agency pending its disposition for
redevelopment, and such rental or lease shall be pursuant to such policies as the Agency
may adopt.
G. 307 Relocation of Persons (Including Individuals and Families), Business
Concerns, and Others Displaced by the Project
If the Agency receives federal funds for real estate acquisition and relocation,
the Agency shall comply with 24 C.F.R. Part 42, implementing the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended. The
Agency may also undertake relocation activities for those not entitled to benefit under
federal law, as the Agency may deem appropriate for which funds are available. The
Agency's activities should not result in the displacement of families within the area. In
the event the Agency's activities result in displacement, the Agency shall compensate
such residents by providing for reasonable moving expenses into decent, safe, and
sanitary dwelling accommodations within their means and without undue hardship to
such families. The Agency will not participate in any private redevelopment activity
which will result in displacement of families unless a method exists for the relocation
of displaced families in decent, safe, and sanitary dwelling accommodations within
their means and without undue hardship to such families. For any other activity, the
Agency will comply with the provisions of the Law regarding relocation.
The Agency reserves the right to extend benefits for relocation to those not
otherwise entitled to relocation benefits as a matter of state law under the Act or the
Law. The Agency may determine to use as a reference the relocation benefits and
guidelines promulgated by the federal government, the state government, or local
government, including the Idaho Transportation Department. The intent of this section
is to allow the Agency sufficient flexibility to award relocation benefits on some
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 26
rational basis, or by payment of a lump sum amount on a per case basis. The Agency
may also consider the analysis of replacement value for the compensation awarded to
either owner occupants or businesses displaced by the Agency to achieve the objectives
of this Plan. The Agency may adopt relocation guidelines which would define the
extent of relocation assistance in non - federally- assisted projects and which relocation
assistance to the greatest extent feasible would be uniform.
For displacement of families, the Agency shall comply with, at a minimum, the
standards set forth in the Law. The Agency shall also comply with all applicable state
laws concerning relocation benefits. If such a program is considered, it shall be
adopted by Resolution by the Agency Board.
H. 308 Demolition, Clearance, Building Site Preparation and Construction
Activities
1. 308.1 Demolition and Clearance
The Agency is authorized, but not required, to demolish and clear buildings,
structures, and other improvements from any real property in the Project Area as
necessary to carry out the purposes of this Plan.
2. 308.2 Building Site Preparation and Construction Activities
The Agency is authorized, but not required, to prepare or cause to be prepared
as building sites any real property in the Project Area owned by the Agency, including
rock removal and site preparation. In connection therewith, the Agency may cause,
provide for, or undertake the installation, construction, or reconstruction of certain
public improvements including signals, street lights, plazas /open space, parking
facilities, alley improvements, storm drainage facilities and other public facilities or
buildings, including but not limited to fire stations and/or police stations, and other
public improvements necessary to carry out this Plan. The Agency is also authorized,
but not required, to construct foundations, platforms, and other structural forms
necessary for the provision or utilization of air rights sites for buildings to be used for
industrial, commercial, private, public, and other uses provided in this Plan. To the
extent allowed by the Law and Act, the Agency may assist in the preparation of
building sites by way of reclamation, remediation, or elimination of deteriorated
conditions. The Agency is also authorized, but not required, to purchase certain site or
building improvements for purposes of site preparation and development.
I. 309 Property Disposition and Development
1. 309.1 Real Property Disposition Development
(a) 309.1.1 General
For the purposes of this Plan, the Agency is authorized to sell, lease, exchange,
subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise
dispose of any interest in real property under the reuse provisions set forth in Idaho
Code Section 50 -2011 and as otherwise allowed by law. To the extent permitted by
law, the Agency is authorized to dispose of real property by negotiated lease, sale, or
transfer without public bidding.
All purchasers or lessees of property acquired from the Agency shall be
obligated to use the property for the purposes designated in this Plan, to begin and
complete development of the property within a period of time which the Agency fixes
as reasonable, and to comply with other conditions which the Agency deems necessary
to carry out the purposes of this Plan.
Real property acquired by the Agency may be conveyed by the Agency and,
where beneficial to the Project Area, without charge to any public body as allowed by
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 27
law. All real property acquired by the Agency in the Project Area may be sold or
leased to public or private persons or entities for development for the uses permitted in
this Plan.
The Agency shall give due consideration to the provision of adequate park and
recreational areas and facilities that may be desirable for neighborhood improvement,
with special consideration for the health, safety and welfare of children and seniors
residing in the general vicinity of the site covered by the Plan.
(b) 309.1.2 Disposition and Development Documents
To provide adequate safeguards to ensure that the provisions of this Plan will be
carried out and to prevent the recurrence of deterioration, all real property sold, leased,
or conveyed by the Agency, as well as all property subject to participation agreements,
is subject to the provisions of this Plan.
The Agency shall reserve such powers and controls in the disposition and
development documents as may be necessary to prevent transfer, retention, or use of
property for speculative purposes and to ensure that development is carried out
pursuant to this Plan.
Leases, deeds, contracts, agreements, and declarations of restrictions of the
Agency may contain restrictions, covenants, covenants running with the land, rights of
reverter, conditions subsequent, equitable servitudes, or any other provisions necessary
to carry out this Plan. Where appropriate, as determined by the Agency, such
documents, or portions thereof, shall be recorded in the office of the Recorder of
Madison County.
All property in the Project Area is hereby subject to the restriction that there
shall be no discrimination or segregation based upon race, color, creed, religion, sex,
age, disability/handicap, national origin, or ancestry in the sale, lease, sublease,
transfer, use, occupancy, tenure, or enjoyment of property in the Project Area. All
property sold, leased, conveyed or subject to a participation agreement shall be
expressly subject by appropriate documents to the restriction that all deeds, leases, or
contracts for the sale, lease, sublease, or other transfer of land in the Project Area shall
contain such nondiscrimination and nonsegregation clauses as required by law. The
land and/or air rights and subterranean rights acquired by the Agency will be disposed
of subject to an agreement between the Agency and the developers. The developers
(including owner /participants) shall be required by the contractual agreement to
observe the Land Use and Building Requirements provision of this Plan and to submit a
redevelopment schedule satisfactory to the Agency. Schedule revisions may be made
only at the option of the Agency.
As required by law or as determined in the Agency's discretion to be in the best
interest of the Agency and the public, the following requirements and obligations shall
be included in the agreement.
The developers, their successors, and assigns agree that:
A plan and time schedule for the proposed development shall be submitted
to the Agency.
2. The purchase or lease of the land and/or subterranean rights and/or air rights
is for the purpose of redevelopment and not for speculation.
3. The building of improvements will be commenced and completed as jointly
scheduled and determined by the Agency and the developer(s).
4. There will be no discrimination against any person or group of persons
because of handicap, disability, age, race, sex, creed, color, national origin
or ancestry, in the sale, lease, sublease, transfer, use, occupancy, tenure, or
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 28
enjoyment of the premises or any improvements erected or to be erected
thereon, therein conveyed, nor will the developer or any person claiming
under or through the developer establish or permit any such practice or
practices of discrimination or segregation with reference to the selection,
location, number, use, or occupancy of tenants, lessees, sub - lessees, or
vendees in the premises or any improvements therein conveyed. The above
provision is perpetual and is appended to the land disposed of within the
Project Area by the Agency.
The site and construction plans shall be submitted to the Agency for review
as to conformity with the provisions and purposes of this Plan.
6. At the discretion of the Agency a bond or other surety shall be provided
acceptable to the Agency to ensure performance under the contract of the
sale.
Rehabilitation of any existing structure must assure that the structure is safe
and sound in all physical respects and be refurbished and altered to bring the
property to an upgraded marketable condition which shall continue
throughout an estimated useful life for a minimum of twenty (20) years.
8. All such buildings or portions of the buildings which are to remain within
the Project Area shall be reconstructed in conformity with all applicable
codes and ordinances of the City.
9. All new construction shall have a minimum estimated life of no less than
twenty (20) years.
10. All disposition and development documents and owner participation
agreements shall be governed by the provisions of Section 405 of this Plan.
11. The developer shall be charged a fee of one percent (1 %) to pay overhead
expenses calculated on the private development investment identified in any
approved reimbursement agreement or disposition and development
agreement or on any public infrastructure project funded by the Agency,
setting aside one percent (1 %) of the infrastructure project costs for
overhead expenses.
The Agency also reserves the right to determine the extent of its participation based
upon the achievements of the objectives of this Plan.
(c) 309.1.3 Development by the Agency
To the extent now or hereafter permitted by the Law or Act, the Agency is
authorized to pay for, develop, or construct any publicly -owned building, facility,
structure, or other improvement within the Project Area for itself or for any public body
or entity, which buildings, facilities, structures, or other improvements are or would be
of benefit to the Project Area, including but not limited to fire stations and/or police
stations. Specifically, the Agency may pay for, install, or construct the buildings,
facilities, structures, and other improvements identified in Attachment 5, attached
hereto and incorporated herein by reference, and may acquire or pay for the land
required therefor.
The Agency may also prepare properties for development by renovation or other
means as allowed by law. The Agency may also, as allowed by law, assist in the
development of private projects.
In addition to the public improvements authorized under Idaho Code Sections
50 -2007, 50 -2018, and 50- 2903(9), (13) and (14), the Agency is authorized to install
and construct, or to cause to be installed and constructed, within the Project Area or
outside the Project Area for improvements or facilities that are needed to support new
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 29
development in the Project Area, for itself or for any public body or entity, public
improvements and public facilities, including, but not limited to, the following: (1)
utilities including fiber - optics; (2) pedestrian paths and sidewalks; (3) traffic signals;
(4) landscaped areas; (5) street and alley improvements, including new access roads and
streets and street lighting and signalization; (6) sanitary sewers; (7) storm drainage
facilities; (8) water mains and pumps; (9) plazas and open space; (10) parking facilities;
and (11) fire stations, police stations and/or any other public buildings or facilities.
Any public facility ultimately owned by the Agency shall be operated and
managed in such a manner to preserve the public purpose nature of the facility. Any
lease agreement with a private entity or management contract agreement shall include
all necessary provisions sufficient to protect the public interest and public purpose.
The Agency may enter into contracts, leases, and agreements with the City,
other public body, or private entity pursuant to this section, and the obligation of the
Agency under such contract, lease, or agreement shall constitute an indebtedness of the
Agency as described in Idaho Code Section 50 -2909 which may be made payable out
of the taxes levied in the Project Area and allocated to the Agency under Section 50-
2908(2)(b) of the Act and Section 504 to this Plan or out of any other available funds.
(d) 309.1.4 Development Plans
All development plans, whether public or private, prepared pursuant to
disposition and development or owner participation agreements shall be submitted to
the Agency for approval and architectural review. All development in the Project Area
must conform to those standards specified in Section 404 herein.
J. 310 Personal Property Disposition
For the purposes of this Plan, the Agency is authorized to lease, sell, exchange,
transfer, assign, pledge, encumber, or otherwise dispose of personal property which is
acquired by the Agency.
K. 311 Rehabilitation and Conservation
The Agency is authorized to rehabilitate, renovate, and conserve, or to cause to
be rehabilitated, renovated, and conserved, any building or structure in the Project Area
owned by the Agency for preparation of redevelopment and disposition. The Agency is
also authorized and directed to advise, encourage, and assist in the rehabilitation and
conservation of property in the Project Area not owned by the Agency.
As necessary in carrying out this Plan, the Agency is authorized to move, or to
cause to be moved, any substandard structure or building or any structure or building
which can be rehabilitated to a location within or outside the Project Area.
L. 312 Participation with Private or Public Development
Under the Law the Agency has the authority to lend or invest funds obtained
from the federal government for the purposes of the Law if allowable under federal
laws or regulations. The federal funds that may be available to the Agency are
governed by regulations promulgated by the Department of Housing and Urban
Development for the Community Development Block Grant Program ( "ICDBG "), the
Economic Development Administration, the Small Business Administration, or other
available federal grant programs. In order to enhance such grants, the Agency's use of
revenue allocation funds is critical.
Under those regulations the Agency may participate with the private sector in
the development and financing of those private projects which likely will attain certain
federal objectives.
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 30
The Agency may, therefore, use the federal funds for the provision of assistance
to private, for -profit business, including, but not limited to, grants, loans, loan
guarantees, interest supplements, technical assistance, and other forms of support, for
any other activity necessary or appropriate to carry out an economic development
project.
As allowed by law, the Agency may also use funds from any other sources for
any purpose set forth under the Law.
The Agency may enter into contracts, leases, and agreements with the City or
other public body or private entity pursuant to this section, and the obligation of the
Agency under such contract, lease, or agreement shall constitute an indebtedness of the
Agency as described in Idaho Code Section 50 -2909 which may be made payable out
of the taxes levied in the Project Area and allocated to the Agency under Section 50-
2908(2)(b) of the Act and Section 504 of this Plan or out of any other available funds.
M. 313 Conforming Owners
The Agency may, at the Agency's sole and absolute discretion, determine that
certain real property within the Project Area presently meets the requirements of this
Plan, and the owner of such property may be permitted to remain as a conforming
owner without a participation agreement with the Agency provided such owner
continues to operate, use, and maintain the real property within the requirements of this
Plan.
N. 314 Arts Funding
The Agency encourages public art and performing arts through joint ventures
with private developers and in cooperation with the City. Whenever possible, any
Agency arts funding will be used to leverage additional contributions from developers,
other private sources, and public or quasi- public entitles.
IV. 400 USES PERMITTED IN THE PROJECT AREA
A. 401 Redevelopment Plan Map and Development Strategy
The Description of the Project Area and Revenue Allocation Area Boundaries
and the Project Area- Revenue Allocation Area Boundary Map, are collectively
attached hereto as Attachment 1 and Attachment 2 and incorporated by reference. As
indicated in Section 200 of this Plan, the Project Area and Revenue Allocation Area are
not co- terminus because the Melaleuca property on Block 39 is excluded from the
Revenue Allocation Area. The proposed land uses to be permitted in the Project Area
for all land, public and private, are described in Attachment 4.
B. 402 Designated Land Uses
1. 402.1 Land Use Classifications
The land use classifications for the Project Area are as shown and depicted in
Attachment 4 and include general commercial, service commercial, residential, and
office, all as more specifically defined in the Rexburg City Code. The Agency also
recognizes those land uses permitted by conditional uses under each zoning
classification, subject to the conditions imposed by the City pursuant to the conditional
use process.
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 31
C. 403 Other Land Uses
1. 403.1 Public Rights -of -Way
Additional public streets, alleys, and easements may be created, improved, or
extended in the Project Area as needed for proper development. Existing streets, alleys,
and easements may be abandoned, closed, expanded, or modified as necessary for
proper development of the Project in accordance with any applicable policies and
standards of the City or the Idaho Department of Transportation as may be applicable
regarding changes to dedicated rights -of -way.
The major public streets within the Project Area include 1st North, Main, 1st
South, 2nd West, 1st West, Center, College, 1st East, 2nd East, South 2nd West, West
2nd South, South 1 st West, and other major rights -of -way which may be developed in
the [ Update list] Project Area.
Any changes in the existing interior or exterior street layout shall be in
accordance with the objectives of this Plan and the City's design standards; shall be
effectuated in the manner prescribed by State and local law; and shall be guided by the
following criteria:
1. A balancing of the needs of proposed and potential new developments for
adequate pedestrian and vehicular access, vehicular parking, and delivery
loading docks with the similar needs of any existing developments permitted
to remain. Such balancing shall take into consideration the rights of existing
owners and tenants under the rules for owner and tenant participation adopted
by the Agency for the Project and any participation agreements executed
thereunder;
2. The requirements imposed by such factors as topography, traffic safety, and
aesthetics; and
3. The potential need to serve not only the Project Area and new or existing
developments, but to also serve areas outside the Project by providing
convenient and efficient vehicular access and movement.
The public rights -of -way may be used for vehicular and/or pedestrian traffic, as
well as for public improvements, public and private utilities, and activities typically in
public rights -of -way.
2. 403.2 Other Public, Semi - Public, Institutional, and Nonprofit
Uses
The Agency may impose such other reasonable requirements and/or restrictions
as may be necessary to protect the development and use of the Project Area.
The Agency is also authorized to permit the maintenance, establishment, or
enlargement of public, semi- public, institutional, or nonprofit uses, including park and
recreational facilities; educational, fraternal, employee, philanthropic, and charitable
institutions; utilities; governmental facilities; and facilities of other similar associations
or organizations. All such uses shall, to the extent possible, conform to the provisions
of this Plan applicable to the uses in the specific area involved. The Agency may
impose such other reasonable requirements and/or restrictions as may be necessary to
protect the development and use of the Project Area.
3. 403.3 Interim Uses
Pending the ultimate development of land by developers and participants, the
Agency is authorized to use or permit the use of any land in the Project Area for interim
uses that are not in conformity with the uses permitted in this Plan. However, any
interim use must comply with applicable Rexburg City Code.
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 32
D. 404 General Controls and Limitations
All real property in the Project Area, under the provisions of either a disposition
and development agreement or owner participation agreement is made subject to the
controls and requirements of this Plan. No such real property shall be developed,
rehabilitated, or otherwise changed after the date of the adoption of this Plan, except in
conformance with the provisions of this Plan.
1. 404.1 Construction
All construction in the Project Area shall comply with all applicable state and
local laws and codes in effect from time to time. In addition to applicable codes,
ordinances, or other requirements governing development in the Project Area,
additional specific performance and development standards may be adopted by the
Agency to control and direct redevelopment activities in the Project Area in the event
of a disposition and development agreement or owner participation agreement.
2. 404.2 Rehabilitation and Retention of Properties
Any existing structure within the Project Area, subject to either a disposition
and development agreement or owner participation agreement, approved by the Agency
for retention and rehabilitation shall be repaired, altered, reconstructed, or rehabilitated
in such a manner that it will be safe and sound in all physical respects, be attractive in
appearance, and not be detrimental to the surrounding uses.
3. 404.3 Limitation on Type, Size, and Height of Building
Except as set forth in other sections of this Plan, the type, size, and height of
buildings shall be as limited by applicable federal, state, and local statutes, ordinances,
and regulations.
4. 404.4 Open Spaces, Landscaping, Light, Air, and Privacy
The issues of open space, landscaping, light, air, and privacy shall be governed
by applicable federal, state, and local ordinances.
5. 404.5 Signs
All signs shall conform to City sign ordinances as they now exist or are
hereafter amended.
6. 404.6 Utilities
The Agency shall require that all utilities be placed underground whenever
physically and economically feasible.
7. 404.7 Incompatible Uses
No use or structure which by reason of appearance, traffic, smoke, glare, noise,
odor, or similar factors which would be incompatible with the surrounding areas or
structures shall be permitted in any part of the Project Area.
8. 404.8 Nondiscrimination and Nonsegregation
There shall be no discrimination or segregation based upon race, color, creed,
religion, sex, age, disability/handicap, national origin, or ancestry in the sale, lease,
sublease, transfer, use, occupancy, tenure, or enjoyment of property in the Project Area.
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 33
9. 404.9 Subdivision of Parcels
Any parcel in the Project Area shall be subdivided only in compliance with the
City subdivision ordinance.
10. 404.10 Minor Variations
Under exceptional circumstances, the Agency is authorized to permit a variation
from the limits, restrictions, and controls established by this Plan. In order to permit
such variation, the Agency must determine that:
The application of certain provisions of this Plan would result in practical
difficulties or unnecessary hardships inconsistent with the general purpose and
intent of this Plan;
2. There are exceptional circumstances or conditions applicable to the property
or to the intended development of the property which do not apply generally
to other properties having the same standards, restrictions, and controls;
Permitting a variation will not be materially detrimental to the public welfare
or injurious to property or improvements in the area; and
4. Permitting a variation will not be contrary to the objectives of this Plan.
No variation shall be granted which changes a basic land use or which permits
other than a minor departure from the provisions of this Plan without amendment of
this Plan. In permitting any such variation, the Agency shall impose such conditions as
are necessary to protect the public peace, health, safety, or welfare and to assure
compliance with the purposes of this Plan. Any variation permitted by the Agency
hereunder shall not supersede any other approval required under City codes and
ordinances.
11. 404.11 Off - Street Loading
Any development and improvements shall provide off - street loading as required
by the City ordinances as they now exist or are hereafter amended.
12. 404.12 Off - Street Parking
All new construction in the area shall provide off - street parking as required by
the City ordinances as they now exist or are hereafter amended. The off - street parking
requirement may be met by a public parking facility, including a public parking garage
and/or public parking lot within proximity to the new construction.
E. 405 Design for Development
1. 405.1 Design Guidelines for Development
Within the limits, restrictions, and controls established in this Plan, and to the
extent allowed by law, the Agency is authorized to establish heights of buildings, land
coverage, setback requirements, design criteria, traffic circulation, traffic access, and
other development and design controls necessary for proper development of both
private and public areas within the Project Area. Any development must also comply
with the City's zoning ordinance regarding heights, setbacks, and other like standards.
In the case of property which is the subject of a disposition and development or
owner participation agreement with the Agency, no new improvement shall be
constructed and no existing improvement shall be substantially modified, altered,
repaired, or rehabilitated except in accordance with this Plan. Under those agreements
the architectural, landscape, and site plans shall be submitted to the Agency and
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 34
approved in writing by the Agency. One of the objectives of this Plan is to create an
attractive and pleasant environment in the Project Area. Therefore, such plans shall
give consideration to good design and other amenities to enhance the aesthetic quality
of the Project Area. The Agency shall not approve any plans that do not comply with
this Plan. The Agency reserves the right to impose such design standards on an ad hoc,
case by case basis through the approval process of the owner participation agreement or
disposition and development agreement. Any change to such approved design must be
consented to by the Agency and such consent may be conditioned upon reduction of
Agency's financial participation towards the Project.
In the event the Agency adopts design standards or controls, those provisions
will thereafter apply to each site or portion thereof in the Project Area. Those controls
and standards will be implemented through the provisions of any disposition and
development agreement or owner participation agreement or by appropriate covenants
appended to the land and instruments of conveyance executed pursuant thereto. These
controls are in addition to any standards and provisions of any applicable City building
or zoning ordinances; provided, however, each and every development shall comply
with all applicable City zoning and building ordinance. Absent the Agency developing
and promulgating specific design standards or controls, the Agency shall review all
projects by applying and/or deferring to the usual approval process imposed by the
City.
2. 405.2 Design Guidelines for Development under a Disposition
and Development Agreement or Owner Participation Agreement
Under an owner participation agreement or a disposition and development
agreement the design guidelines and land use elements as imposed shall be achieved to
the greatest extent feasible, though the Agency retains the authority to grant minor
variations under Section 404.10 of this Plan and subject to a negotiated agreement
between the Agency and the developer or property owner.
Under those agreements, the architectural, landscape, and site plans shall be
submitted to the Agency and approved in writing by the Agency. In such agreements,
the Agency may impose additional design controls. One of the objectives of this Plan
is to create an attractive pedestrian environment in the Project Area. Therefore, such
plans shall give consideration to good design and amenities to enhance the aesthetic
quality of the Project Area. These additional design standards or controls will be
implemented through the provisions of any disposition and development agreement or
owner participation agreement or by appropriate covenants appended to the land and
instruments of conveyance executed pursuant thereto. These controls are in addition to
any standard and provisions of any applicable City building or zoning ordinances;
provided, however, each and every development shall comply with all applicable City
zoning and building ordinances.
3. 405.3 Nonconforming Uses
The Agency may permit an existing use to remain in an existing building and
site usage in good condition, which use does not conform to the provisions of this Plan,
provided that such use is generally compatible with existing and proposed
developments and uses in the Project Area. The owner of such a property must be
willing to enter into a participation agreement and agree to the imposition of such
reasonable restrictions as may be necessary to protect the development and use of the
Project Area.
The Agency may authorize additions, alterations, repairs, or other
improvements in the Project Area for uses which do not conform to the provisions of
this Plan where such improvements are within a portion of the Project where, in the
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 35
determination of the Agency, such improvements would be compatible with
surrounding Project uses and development.
All nonconforming uses shall also comply with the City Code.
4. 405.4 Design Review
By submitting this Plan and attachments for approval by the City Council, the
Agency requests the City formally recognize the Agency as a commenting entity for all
zoning applications filed for property within the Project Area. As a commenting entity,
the Agency shall be provided the type of information submitted to other commenting
entities. The Agency, through the Agency Board or a subcommittee of the Board, shall
provide its comments on the application and its compliance with the Plan provisions
and design guidelines, if any, adopted by the Agency.
V. 500 METHODS OF FINANCING THE PROJECT
A. 501 General Description of the Proposed Financing Method
The Agency is authorized to finance this Project with financial assistance from
the City, state of Idaho, federal government, interest income, Agency bonds, donations,
loans from private financial institutions, the lease or sale of Agency -owned property, or
any other available source, public or private, including assistance from any taxing
district or any public entity.
The Agency is also authorized by the Law and Act to obtain advances, borrow
funds, and create indebtedness in carrying out this Plan. The Agency may also consider
an interfund transfer from other urban renewal project areas. The principal and interest
on any such advances, funds, and indebtedness may be paid from any fimds available to
the Agency. The City, as it is able, may also supply additional assistance through City
loans and grants for various public facilities.
The City or any other public agency may expend money to assist the Agency in
carrying out this Project. The Agency may also provide certain grants or loans to
property owners or others as may be allowed by law.
B. 502 Revenue Bond Funds
As allowed by law and subject to such restrictions as are imposed by law, the
Agency is authorized to issue bonds from time to time, if it deems appropriate to do so,
in order to finance all or any part of the Project. Neither the members of the Agency
nor any persons executing the bonds are liable personally on the bonds by reason of
their issuance.
C. 503 Other Loans and Grants
Any other loans, grants, guarantees, or financial assistance from the United
States, the state of Idaho, including Idaho Community Development Block Grant funds,
or any other public or private source will be utilized if available. The Agency may seek
funds from either federal or state agencies. The Agency may consider funding sources
through Local Improvements Districts and/or Business Improvements Districts as
authorized by state law. Neither the members of the Agency nor any persons executing
such loans or grants shall be liable on the loans or grants by reason of their issuance.
As currently projected Attachment 5C does not show the receipt of such loans or grants.
Should the Agency obtain such loans or grants, the reliance on Revenue Allocation
funds will be reduced.
D. 504 Revenue Allocation Financing Provisions
The Agency hereby adopts revenue allocation financing provisions as
authorized by the Act, effective retroactively to January 1, 2003, for the original
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 36
revenue allocation area, January 1, 2009, for the West 2nd South Area Hemming Site,
and January 1, 2014, for the East 2 "d South Area. These revenue allocation provisions
shall apply to all taxing districts in which are located in or overlap the Revenue
Allocation Area described on Attachments 1 and 2 to this Plan. The Agency shall take
all actions necessary or convenient to implement these revenue allocation financing
provisions. The Agency specifically finds that the equalized assessed valuation of
property within the Revenue Allocation Area is likely to continue to increase as a result
of the initiation of the Project.
The Agency, acting by one or more resolutions adopted by its Board, is hereby
authorized to apply all or any portion of the revenues allocated to the Agency pursuant
to the Act to pay such costs as are incurred or to pledge all or any portion of such
revenues to the repayment of any moneys borrowed, indebtedness incurred, or bonds
issued by the Agency to finance or to refinance the Project Costs (as defined in Idaho
Code Section 50- 2903(14)) of one or more urban renewal projects.
Upon enactment of an ordinance by the governing body of the City, finally
adopting these revenue allocation financing provisions and defining the Revenue
Allocation Area described herein as part of the Plan, there shall hereby be created a
special fund of the Agency into which the County Treasurer shall deposit allocated
revenues as provided in Idaho Code Section 50 -2908. The Agency shall use such funds
solely in accordance with Idaho Code Section 50 -2909 and solely for the purpose of
providing funds to pay the project costs, including any incidental costs, of such urban
renewal projects as the Agency may determine by resolution or resolutions of its Board.
A statement listing proposed public improvements and facilities, an economic
feasibility study, estimated project costs, fiscal impact upon other taxing districts, and
methods of financing project costs required by Idaho Code Section 50 -2905 is included
in Attachment 5 to this Plan. This statement necessarily incorporates estimates and
projections based on the Agency's present knowledge and expectations. The Agency is
hereby authorized to modify the presently anticipated urban renewal projects and use of
revenue allocation financing of the related project costs if the Board deems such
modification necessary or convenient to effectuate the general objectives of the Plan.
The Agency may also appropriate funds consisting of revenue allocation
proceeds on an annual basis without the issuance of bonds. The Agency may obtain
advances or loans from the City, private entities (including banks and other lending
institutions) on a short-term basis in order to immediately commence construction of
certain of the public improvements based upon financial capacity. Revenues will
continue to be allocated to the Agency until the improvements identified in
Attachment 5 are completely constructed or until any obligations to the City or other
public entity or private entity are fulfilled. Attachment 5 incorporates estimates and
projections based on the Agency's present knowledge and expectations concerning the
length of time to complete the improvements. The activity may take longer depending
on the significance and timeliness of development. Alternatively the activity may be
completed earlier if revenue allocation proceeds are greater or the Agency obtains
additional funds.
The revenue allocation proceeds are hereby irrevocably pledged for the payment
of the principal and interest on the advance of monies or making of loans or the
incurring of any indebtedness such as bonds, notes, and other obligations (whether
funded, refunded, assumed, or otherwise) by the Agency to finance or refinance the
Project in whole or in part, as well as payment for costs incurred for activities of the
Project.
Under legislation adopted in 2000 by the 55th Idaho Legislature, 2nd Regular
Session, effective July 1, 2000, Sess. Laws, Ch. 275, Idaho Code § 50- 2904(2), revenue
allocation authority is limited to twenty-four (24) years from the date the ordinance was
passed by the City Council, except for those urban renewal plans which were adopted
prior to 2000. 56th Idaho Legislature, 2nd Regular Session, Sess. Laws, Ch. 143. See
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 37
Idaho Code § 50- 2904(3). The original plan was adopted in 2003, with a termination
date of December 31, 2027, and the Amended and Restated Urban Renewal Plan was
adopted in 2009. This Second Amended and Restated Urban Renewal Plan does not
extend the termination date of this Plan; therefore, the Plan term remains through
December 31, 2027.
The Agency is authorized to make such pledges as to specific advances, loans,
and indebtedness as appropriate in carrying out the Project.
The Agency reserves the right to either pay for Project Costs from available
revenue (pay as you go basis) or borrow funds by incurring debt through notes or other
obligations.
Revenue allocation proceeds are deemed to be the major part of the proposed
funding sources for the payment of public improvements and other project
improvements. Additionally, project funding is proposed to be phased for the
improvements, allowing various sources of funds to be accumulated for use.
1. 504.1 Economic Feasibility Study
Attachment 5 consists of the Economic Feasibility Study for the Project Area
(the "Study ") updated by Richard Horner, former City of Rexburg Finance Officer and
Agency Chairman. The Study constitutes the financial analysis required by the Act and
is based upon existing information from the Agency and City. Projections are based
upon input from the Agency, property owners, developers, and others.
2. 504.2 Assumptions and Conditions/Economic Feasibility
Statement
The information contained in Attachment 5 assumes certain completed and
projected actions. Under the provisions of the Act, the revenue allocation shall
continue until the debt or other obligations, or other Project activity is completed or
satisfied. All debt is projected to be repaid no later than the duration period of the Plan.
The total amount of expenditures and the amount of revenue generated by revenue
allocation is dependent upon the extent and timing of private development. Should all
of the development take place as projected, indebtedness could be extinguished earlier,
dependent upon the note or loan documents or other legal obligations. Should private
development take longer to materialize, or should the private development be
substantially less than projected, then the amount of revenue generated will be
substantially reduced and those obligations may continue for their full term.
The Plan and attachments incorporate estimates and projections based on the
Agency's present knowledge and expectations. Valuation increases for the tax years
2014 through 2019 are based largely on five phases of the planned Hemming
development and projections of four phases of development for the Junior High site.
Net property value increases are based on trends from the initial ten -year period
commencing with tax year 2014. The Plan proposes certain public improvements
which will facilitate development in the Project Area.
The assumptions set forth in the Study are based upon the best information
available to the Agency through public sources or discussions with property owners,
developers, and others. The information has been analyzed by the Agency and its
consultants in order to provide an analysis that meets the requirements set forth under
the Law and Act. At the point in time when the Agency may seek a loan from lenders
or others, a more detailed and then- current financial pro forma will be presented to
those lenders or underwriters for analysis to determine the borrowing capacity of the
Agency. As set forth herein, the Agency reserves the right to fixed the Project on a "pay
as you go" basis. The Agency Board will prioritize the activities set forth in this Plan
and determine what funds are available and what activities can be funded. The Agency
will establish those priorities through its mandated annual budgetary process.
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 38
The assumptions concerning revenue allocation proceeds are based upon certain
assessed value increases and assumed tax levy rates.
House Bill 1 adopted by the 58d' Idaho Legislature convening in Special Session
in August 2006, repealed the operation and maintenance property tax levy imposed by
school districts (codified at Idaho Code Section 33 -802). House Bill 1 also repealed
Idaho Code Section 50- 2908(2)(a)(iii) which required certain revenue allocation funds
to be disbursed to school districts. The financial analysis set forth in Attachment 5 has
taken into account the provisions of House Bill 1.
House Bill 315 adopted by the 62 "d Idaho Legislature amended Idaho Code
Section 63- 602KK, and provides for personal property tax exemption to businesses.
Application of the exemption may have the effect of reducing the base value and/or
reducing the increment value. The financial analysis set forth in Attachment 5 has taken
into account the provisions of HB315.
3. 504.3 Ten Percent Limitation
Under the Act, the base assessed valuation for all revenue allocation areas
cannot exceed gross /net ten percent (10 %) of the current assessed valuation for the
entire City.
County records show that the 2013 adjusted base assessment roll values for the
City's four existing revenue allocation areas, less homeowner's exemptions, are as
follows:
North Highway $6,589,802
Washington School $2,119,928
Downtown Rexburg (2003 and 2009) $41,331,386
University Boulevard- S. 12th W. $8,817,974
TOTAL $58,859,090
The City's 2013 total assessed value, less homeowner's exemption and personal
property tax exemption, as reported by the Idaho State Tan Commission, is
$807,522,989.00; therefore, ten percent of that value is $80,752,290.00. The 2013
assessed value of the East 2nd South Area, which includes only public street rights -of-
way, is $0.00. As a result, the total base assessment roll value for the combined
revenue allocation areas does not exceed ten percent (10 %) of the 2013 assessed values
for the City.
Further Idaho Code § 50 -2033, effective 2011, provides: "[a]n urban renewal
plan that includes a revenue allocation area may be extended only one (1) time to
extend the boundary of the revenue allocation so long as the total area to be added is
not greater than ten percent (10 %) of the existing revenue allocation area and the area
to be added is contiguous to the existing revenue allocation area but such contiguity
cannot be established solely by a shoestring or strip of land which comprises a railroad
or public right -of- way." The combined 2003 Project Area and 2009 Project Area (less
the Melaleuca property) consists of 119.28 acres; therefore the 10% geographic limit is
11.9 acres. The East 2 "d South Area, which is adjacent and contiguous to the 2003
Project Area and 2009 Project Area, consists of 10.79 areas, which is less than 10% of
the acreage included in the original 2003 plan area, as amended in 2009.
4. 504.4 Financial Limitation
The Study identifies several capital improvement projects and property
acquisition along with demolition. Use of any particular financing source for any
particular purpose is not assured or identified. Use of revenue allocation funds will be
limited by the authority of the Act. If revenue allocation funds are unavailable, then the
Agency will need to use a different funding source for that improvement, including
grant funds.
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 39
The amount of funds available to the Agency from revenue allocation financing
is directly related to the assessed value of new improvements within the Revenue
Allocation Area. Under the Act, the Agency is allowed the revenue allocation
generated from inflationary increases and new development value. The tax levy rates
are estimated to generally increase I% per year from 2013 through 2027.
The Study, with the various estimates and projections, constitutes an economic
feasibility study. Costs and revenues are analyzed, and the analysis shows the need for
public capital funds during the Project. Multiple financing sources including proposed
revenue allocation notes and bonds, annual revenue allocations, developer
contributions, city contributions, and other funds are shown. This Study identifies the
kind, number, and location of all proposed public works or improvements, a detailed
list of estimated project costs, a description of the methods of financing illustrating
project costs, and the time when related costs or monetary obligations are to be
incurred. See Idaho Code 50 -2905. Based on these funding sources, the conclusion is
that the Project is feasible.
Under the provisions of the Act, the revenue allocation may continue until the
end of the Plan term. Second, the total amount of expenses and the amount of revenue
generated by revenue allocation is dependent upon the extent and timing of private
development. Should assessed values increase and no substantial decrease in levy
rates, the project may be terminated earlier. Should assessed values decrease with no
substantial levy increase, then the amount of revenue generated will be substantially
reduced and the Agency will continue to complete the improvement.
The proposed timing for the public improvements may very well have to be
modified depending upon the availability of revenues. The Agency anticipates
financing the improvements on an annual cash basis as well as possible borrowing as
may be available.
Attachment 513 lists those public improvements which Agency intends to
construct through the term of the Plan. The costs of improvements are estimates only.
Final costs will be determined by way of construction contract public bidding or by an
agreement between the developer /owner and Agency.
The listing of public improvements does not commit the Agency to any
particular improvement, any particular cost, or any particular order of construction.
The Agency reserves its discretion and flexibility in deciding which improvements are
more critical for redevelopment, and the Agency intends to coordinate its public
improvements with associated development by private developers /owners. The Agency
also intends to coordinate its participation in the public improvements with the receipt
of certain grants or loans which may require the Agency's participation in some
combination with the grant and loan funding.
Generally, the Agency expects to develop those improvements identified in
Attachment 513 first, in conjunction with industrial private development generating the
increment as identified in Attachment 5A.
The Plan has shown that the equalized valuation of the Revenue Allocation
Area, as defined in the Plan, is likely to increase, as a result of the initiation and
completion of urban renewal projects pursuant to the Plan.
E. 505 Participation with Local Improvement Districts and Business
Improvement Districts
Under the Idaho Local Improvement District Code, Chapter 17, Title 50, Idaho
Code, the City has the authority to establish local improvement districts for various
public facilities, including, but not limited to, streets, curbs, gutters, sidewalks, drains,
landscaping, and other like facilities. To the extent allowed by the Law and the Act, the
Agency reserves the authority to participate in the funding of local improvement district
facilities. This participation may include either direct funding to reduce the overall cost
of the LID, or to participate as an assessed entity to finance the LID project. The
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 40
Agency also may participate, as allowed by law, in a Business Improvement District
(BID) as set forth in Chapter 26, Title 50, Idaho Code.
F. 506 Issuance of Debt and Debt Limitation
Any debt incurred by the Agency as allowed by the Law and Act shall be
secured by revenues identified in the debt resolution or revenue allocation funds as
allowed by the Act. All such debt shall be repaid within the duration of this Plan. The
Agency reserves the discretion based upon its financial capacity and the ability to pay
to complete the authorized projects in a more expedited manner.
G. 507 Impact on Other Taxing Districts
A specific delineation of tax dollars generated by revenue allocation upon each
taxing district has not been prepared. The overall impact of the revenue allocation
project is shown in the Study. Pursuant to Idaho Code Section 63 -802, taxing entities
are constrained in establishing levy rates by a function of the amount each budget of
each taxing district can increase on an annual basis. The amounts set forth in the Study
would constitute the amounts distributed to other taxing entities from the Revenue
Allocation Area if there were no urban renewal project. Each individual district's share
of that amount would be determined by its particular levy rate as compared to the other
districts in any given year. Therefore, the impact of revenue allocation is more of a
product of the imposition of Section 63 -802, Idaho Code. In addition, without the
revenue allocation district and its ability to pay for public improvements and public
facilities, fewer substantial improvements within the Revenue Allocation Area would
be expected; hence there would be lower increases in assessed valuation to be used by
the taxing entities.
If the overall levy rate is less than assumed, the Agency will receive fewer funds
from revenue allocation. The assessed value for each property in a revenue allocation
area consists of a base value and an increment value. The base value is the assessed
value as of January 1 of the year in which a revenue allocation area is approved by a
municipality (in this instance, 2003, 2009 and 2014), with periodic adjustments allowed
by Idaho state code. The increment value is the difference between the base assessed
value and current assessed value in any given year while the property is in a revenue
allocation area. Under Section 63 -802, Idaho Code, taxing entities are constrained in
establishing levy rates by the amount each budget of each taxing district can increase
on an annual basis. Taxing entities submit proposed budgets to the County Board of
Commissioners, which budgets are required to comply with the limitations set forth in
Section 63 -802, Idaho Code.
The County Board of Commissioners calculates the levy rate required to
produce the proposed budget amount for each taxing entity using the assessed values
which are subject to each taxing entity's levy rate. Assessed values in urban renewal
districts which are subject to revenue allocation (incremental values) are not included in
this calculation. The combined levy rate for the taxing entities is applied to the
incremental property values in the revenue allocation area to determine the amount of
property tax revenue which is allocated to an urban renewal agency. The property taxes
generated by the property values in the urban renewal districts that are not subject to
revenue allocation and by properties outside revenue allocation areas are distributed to
the other taxing entities. Properties in revenue allocation areas are subject to the same
levy rate as they would be outside a revenue allocation area. The difference is how the
revenue is distributed.
Additionally, because of certain conditions, the Study has taken the existing
2013 levy rate and imposed a one percent increase of the annual gross levy rate through
2027.1 One result of Section 63 -802 and House Bill 79 (2007), codified as Section 63-
301 A, Idaho Code, is the possible reduction of the levy rate as assessed values increase
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 41
for property within each taxing entity's jurisdiction. House Bill 79, became effective
retroactive to January 1, 2007, upon the Governor's signature on March 21, 2007. If
the overall levy rate is less than as assumed, the Agency shall receive fewer fixnds from
revenue allocation. Section 63 -301A, Idaho Code, prohibits taxing entities from
including, as part of the new construction roll, the increased value related to new
construction within the revenue allocation area until the revenue allocation authority is
terminated. Any new construction within the Revenue Allocation Area is no longer
available for inclusion by the taxing entities to increase their budgets. Less tax revenue
will be available to those taxing entities. Upon termination of this Plan, the taxing
entities will be able to include the accumulated new construction roll value accrued
since December 31, 2006, in setting the following year's budget and revenue from such
value is separate and above the three percent increase allowed in Section 63- 802(1)(a),
Idaho Code.
Generally, the impact on the taxing entities would be to determine the Agency's
projected revenue and disburse those funds in the same ratio as the respective levy rates
of each taxing district. For Tax Year 2013, those districts' tax levy and rates are as
follows:2
Madison
County
$6,366,562
.004425110
City of Rexburg
$3,367,135
.004062363
Madison
County Road and Bridge
$2,216,899
.001540867
Madison
County Library
$ 708,680
.000575506
Madison
County Ambulance
$ 579,159
.000402547
Madison
County Mosquito Abatement
$ 401,837
.000279299
Rexburg
Cemetery
$ 58,360
.000061953
Madison
County School 9321
$ 121,371
.000109354
TOTAL
As noted above, Section 63 -802, Idaho Code, may have the effect of reducing
the levy rate as assessed values increase for property within each taxing entity's
jurisdiction; however, it is unclear how Section 63 -602KK may impact the levy rate
The Study has made certain assumptions concerning the levy rate. The levy rate is
estimated to be 0.015361844 for 2014, and is estimated to increase 1 % per year. The
annual increment value is expected to increase by approximately 3% a year. If the
overall levy rate is less than projected, the Agency shall receive fewer funds from
revenue allocation.
The 2008 Idaho Legislature passed and Governor Otter signed House Bill 470
as amended in the Idaho Senate, which bill became effective retroactive to January 1,
2008 (Session Laws, Chapter 253). The bill amended Idaho Code Sections 50 -2908,
63 -803, and 63 -811. In brief, the bill provided that an urban renewal agency shall not
be entitled to revenue allocation proceeds from certain levy increases which are
allowed by either specific statutory authorization or approved by an election of the
qualified electors of the particular taxing district. Therefore, for any levy election held
after January 1, 2008, the Agency will not receive revenue allocation funds which
would have been generated by imposing that levy on the assessed valuation within the
Project Area. The Study has taken this statute into account and has assumed the impact
of House Bill 470.
H. 508 Phasing and Other Fund Sources
The Agency anticipates funding only a portion of the entire cost of the public
improvements shown on Attachment 5. Other sources of funds could include developer
2 These levy rates do not include voter approved levy rates since January 1, 2008. This levy rate cannot
be used to generate revenue for the Agency because of BB 470, approved by the 2008 Idaho Legislature.
Additionally, for the West 2nd South Hemming Site and the East 2 °a South Area, voter approved levies
approved prior to December 31, 2007, are not applicable to those areas. Attachment 5B has made all
those calculations.
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 42
contributions, loans or bonds, federal and state funds, grants, and City participation.
Agency participation shall be determined by the amount of revenue allocation funds
generated.
L 509 [Reserved]
J. 510 Lease Revenue, Parking Revenue, and Bonds
Under the Law, the Agency is authorized to issue revenue bonds to finance
certain public improvements identified in the Plan. Under that type of financing, the
public entity would pay the Agency a lease payment annually which provides certain
funds to the Agency to retire the bond debt. Another variation of this type of financing
is sometimes referred to as conduit financing, which provides a mechanism where the
Agency uses its bonding authority for the Project, with the end user making payments
to the Agency to retire the bond debt. These sources of revenues are not related to
revenue allocation funds and may not be particularly noted in the Study, because of the
"pass through" aspects of the financing. Under the Act, the economic feasibility study
focuses on the revenue allocation aspects of the Agency's financial model.
These financing models typically are for a longer period of time than the 20-
year period set forth in the Act. However, these financing models do not involve
revenue allocation funds, but rather funds from the end users which provide a funding
source for the Agency to continue to own and operate the facility beyond the term of
the Plan as allowed by Idaho Code Section 50- 2905(7) as those resources involve funds
not related to revenue allocation funds.
One other potential use of financing is lease revenue bonds from the user of a
public facility. For example, a lease revenue bond may be a way to finance certain
public buildings without the use or obligation of revenue allocation proceeds.
VI. 600 ACTIONS BY THE CITY
The City shall institute the normal processes to aid and cooperate with the
Agency in carrying out this Plan and shall take all actions necessary to ensure the
continued fulfillment of the purposes of this Plan and to prevent the recurrence or
spread in the area of conditions causing deterioration. Actions by the City shall
include, but not be limited to, the following:
Institution and completion of proceedings necessary for changes and
improvements in private and publicly -owned property, rights -of -way, or
public utilities within or affecting the Project Area;
2. Assuring that all project activities are consistent with the City
Comprehensive Plan, zoning ordinances, and all applicable laws and
regulations within the Project Area to permit the land uses and development
authorized by this Plan;
Imposition, wherever necessary, by conditional use permits or other means
of appropriate controls within the limits of this Plan upon parcels in the
Project Area to ensure their proper development and use;
4. Provision for administrative enforcement of this Plan by the City after
development, wherein the City and the Agency may develop and provide for
enforcement of a program for continued maintenance by owners of all real
property, both public and private, within the Project Area throughout the
duration of this Plan;
Building code enforcement;
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 43
6. Performance of the above actions and of all other functions and services
relating to public peace, health, safety, and physical development normally
rendered in accordance with a schedule which will permit the
redevelopment of the Project Area to be commenced and carried to
completion without unnecessary delays;
Institution and completion of proceedings necessary for the establishment of
an LID under Chapter 17, Title 50, Idaho Code, or a BID under Chapter 26,
Title 50, Idaho Code;
8. The undertaking and completing of any other proceedings necessary to carry
out the Project;
9. Administration of Idaho Community Development Block Grants and other
state and federal grant funds that may be made available for the Project;
10. Appropriate agreements with the Agency for administration, supporting
services, funding sources, and the like;
11. The imposition, whenever necessary (by conditional use permits or other
means as appropriate), of controls within the limits of this Plan upon parcels
in the Project Area to ensure their proper development and use;
12. Joint funding of certain public improvements and coordination with the
City's programs; and
13. Use of City labor, services, and materials for construction of the public
improvements listed in the Plan, where appropriate and available.
14. The waiver of any hookup or installation fee for sewer, water, or other
utility services for any facility owned by any public agency, including any
Agency facility.
The foregoing actions to be taken by the City do not constitute any commitment
for additional financial outlays by the City.
A. 601 Maintenance of Public Improvements
The Agency has not identified any commitment or obligation for long -term
maintenance of the public improvements identified. The Agency will need to address
this issue with the appropriate entity, public or private, who has benefited from or is
involved in the ongoing preservation of the public improvement.
VIL 700 ENFORCEMENT
The administration and enforcement of this Plan, including the preparation and
execution of any documents implementing this Plan, shall be performed by the Agency
and/or the City.
The provisions of this Plan or other documents entered into pursuant to this Plan
may also be enforced by court litigation instituted by either the Agency or the City.
Such remedies may include, but are not limited to, specific performance, damages,
reentry, injunctions, or any other remedies appropriate to the purposes of this Plan. In
addition, any recorded provisions which are expressly for the benefit of owners of
property in the Project Area may be enforced by such owners.
VIII. 800 DURATION OF THIS PLAN
Except for the nondiscrimination and nonsegregation provisions which shall run
in perpetuity, the provisions of this Plan and the provisions of other documents
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 44
formulated pursuant to this Plan shall be effective for twenty -four (24) years from the
effective date of the original adoption of the 2003 Plan subject to modifications and/or
extensions set forth in Idaho Code § 50 -2904. The revenue allocation authority will
expire on December 31, 2027, which date shall be deemed the termination date of this
Plan except for any revenue allocation proceeds received in calendar year 2028.
This Plan shall terminate no later than December 31, 2027, except for revenues
which may be received in 2028. Either on January 1, 2028, or if the Agency determines
an earlier termination date:
When the Revenue Allocation Area plan budget estimates that all financial
obligations have been provided for, the principal of and interest on such
moneys, indebtedness, and bonds have been paid in full, or when deposits in
the special fund or funds created under this Plan are sufficient to pay such
principal and interest as they come due and to fund reserves, if any, or any
other obligations of the Agency funded through revenue allocation proceeds
shall be satisfied and the Agency has determined no additional project costs
need be funded through revenue allocation financing, the allocation of
revenues under Section 50 -2908, Idaho Code, shall thereupon cease; any
moneys in such fund or funds in excess of the amount necessary to pay such
principal and interest shall be distributed to the affected taxing districts in
which the Revenue Allocation Area is located in the same manner and
proportion as the most recent distribution to the affected taxing districts of
the taxes on the taxable property located within the Revenue Allocation
Area; and the powers granted to the urban renewal agency under
Section 50 -2909, Idaho Code, shall thereupon terminate.
2. In determining the termination date, the Plan shall recognize that the
Agency shall receive allocation of revenues in the calendar year following
the last year of the revenue allocation provision described in the urban
renewal plan.
For the fiscal year that immediately predates the termination date, the
Agency shall adopt and publish a budget specifically for the projected
revenues and expenses of the Plan and make a determination as to whether
the Revenue Allocation Area can be terminated before January 1 of the
termination year pursuant to the terns of Section 50- 2909(4), Idaho Code.
In the event that the Agency determines that current tax year revenues are
sufficient to cover all estimated expenses for the current year and all future
years, by September 1, of the then - current year, the Agency shall adopt a
resolution advising and notifying the local governing body, the county
auditor, and the State Tax Commission, recommending the adoption of an
ordinance for termination of the Revenue Allocation Area by December 31
of the current year and declaring a surplus to be distributed as described in
Section 50 -2909, Idaho Code, should a surplus be determined to exist. The
Agency shall cause the ordinance to be filed with the office of the County
Recorder for Madison and the Idaho State Tax Commission as provided in
Section 63 -215, Idaho Code.
Upon termination of the revenue allocation authority of the Plan to the extent
the Agency owns or possesses any assets, the Agency shall dispose of any remaining
assets by granting or conveying or dedicating such assets to the City.
As allowed by Idaho Code Section 50- 2905(7), the Agency may retain assets or
revenues generated from such assets as loans; the Agency shall have the resources other
than revenue allocation funds to operate and manage such assets. Similarly, facilities
which provide an income stream to the Agency for full retirement of the facility debt
will allow the Agency to meet debt services obligations and provide for the continued
operation and management of the facility.
Upon termination of the revenue allocation authority of the Plan, to the extent
the Agency owns or possesses any assets, the Agency shall dispose of any remaining
assets by granting or conveying or dedicating such assets to the City.
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 45
IX. 900 PROCEDURE FOR AMENDMENT
The Plan may be further modified at any time by the Agency provided that, if
modified after disposition of real property in the Project Area or after execution of an
owner participation agreement, the modifications must be consented to by the
developer or developers or the developer's or developers' successor or successors of
such real property whose interest is substantially affected by the proposed modification.
Where the proposed modification will substantially change the Plan, the modifications
must be approved by the City Council in the same manner as the original Plan.
Substantial changes for City Council approval purposes shall be regarded as revisions
in project boundaries, land uses permitted, land acquisition, and other changes, which
would violate the objectives of this Plan.
X. 1000 SEVERABILITY
If any one or more of the provisions contained in this Plan to be performed on
the part of the Agency shall be declared by any court of competent jurisdiction to be
contrary to law, then such provision or provisions shall be null and void, shall be
deemed separable from the remaining provisions in this Plan, and shall in no way affect
the validity of the other provisions of this Plan.
XI. 1100 ANNUAL REPORT
Under the Law, the Agency is required to file with the City, on or before
March 31 of each year, a report of the Agency's activities for the preceding calendar
year, which report shall include a complete financial statement setting forth its assets,
liabilities, income, and operating expenses as of the end of such calendar year. This
annual report shall be considered at a public meeting to report these findings and take
comments from the public.
Additionally, House Bill 560 adopted by the 62 "d Idaho Legislature, Second
Regular Session, codified at Idaho Code Section 67 -450E, requires the Agency to
comply with certain reporting requirements. On or before December 1 of each year, the
Agency must submit to the online central registry certain administrative information
and financial information, including information regarding bonds or other indebtedness.
Failure to comply with the mandatory reporting requirements may result in compliance
measures imposed by the Madison County Board of County Commissioners.
XII. 1101 APPENDICES, ATTACHMENTS, EXHIBITS,
TABLES
All attachments and tables referenced in this Plan are attached and incorporated
herein by their reference. All other documents referenced in this Plan but not attached
are incorporated by their reference as if set forth fully.
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN - 46
Attachment 1
Description of the Project Area and Revenue Allocation Area Boundaries
The original project area adopted in 2003 is generally described as 2nd West on
the west, 2nd East on the east, 1 st North on the north, and 1 st South on the south. The
West 2nd South Hemming Site adds the area of West 1st South on the north, South 1st
West on the east, properties on West 2nd South on the south, and South 2nd West on
the west.
Original 2003 urban renewal revenue allocation area is more particularly described as
follows:
A. Description of urban renewal project area:
Blocks 32, 33, 34, 37, 38, 39, 40, and the surrounding streets of the Rexburg Original
Townsite, Madison County, Idaho; lying within Sections 19 and 30 of Township 6
North, Range 40 East of the Boise Meridian.
More particularly as follows:
Beginning at a point 49.5 feet East of the Southeast comer of said Section 19, thence
North 819 feet to the Southwest corner of Block 20, thence West 2,376 feet to the
Northeast corner of Block 31, thence South 759 feet, thence West 759 feet, thence
South 879 feet to the Northeast comer of Block 46, thence East 3,135 feet to the
Northwest comer of Block 8 of the Rigby Addition to Rexburg, thence North 819 feet
to the point of beginning.
B. Description of revenue allocation area:
Blocks 32, 33, 34, 37, 38, 39, 40, and the surrounding streets of the Rexburg Original
Townsite, Madison County, Idaho; lying within Sections 19 and 30 of Township 6
North, Range 40 East of the Boise Meridian.
More particularly as follows:
Beginning at a point 49.5 feet East of the Southeast corner of said Section 19, thence
North 819 feet to the Southwest comer of Block 20, thence West 2,376 feet to the
Northeast corner of Block 31, thence South 759 feet, thence West 759 feet, thence
South 879 feet to the Northeast corner of Block 46, thence East 3,135 feet to the
Northwest comer of Block 8 of the Rigby Addition to Rexburg, thence North 819 feet
to the point of beginning.
Less Lot 2 of Block 39 of the Original Rexburg Townsite.
Additional urban renewal/revenue allocation area (2009):
The West 2nd South Hemming Site Addition is included in the following
description:
Beginning at a point 49.5 feet East of the Southeast comer of Section 19, Township 06 North, Range 40
E, Boise Meridian; running thence North 819 feet to the Southwest corner of Block 20; thence West
2,376 feet to the Northeast comer of Block 31; thence South 759 feet; thence West 759 feet; thence South
1,821.48 feet; thence East 209.59 feet; thence North 65.84 feet; thence East 148.20 feet; thence South
65.25 feet; thence East 82.73 feet; thence North 8.56 feet; thence East 17.25 feet; thence South 74.19
feet; thence East 409.58 feet; thence North 1,007.56 feet; thence East 2267.65 feet; thence North 818.96
feet to the point of beginning.
Less the following: Lot 2, Block 39 of the Original Rexburg Townsite.
Additional urban renewal/revenue allocation area (2014):
The East 2nd South Area is described as the public right -of -way or easement that
includes:
1) 2nd South Street from 1st West Street to and including its intersection with 2nd
East Street
ORDINANCE — North Highway, South Addition Plan - i
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Exhibit 4
CITY OF REXBURG
SUMMARY OF ORDINANCE NO. 1123
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF REXBURG, IDAHO, APPROVING THE SECOND AMENDED AND
RESTATED DOWNTOWN DISTRICT REDEVELOPMENT PLAN,
WHICH PLAN INCLUDES REVENUE ALLOCATION FINANCING
PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A
COPY OF THIS ORDINANCE AND OTHER REQUIRED
INFORMATION TO COUNTY AND STATE OFFICIALS; APPROVING
THE SUMMARY OF THE ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE.
SECTION 1: It is hereby found and determined that:
(a) The Amended Project Area as defined in the Amended Plan is
a deteriorated or a deteriorating area as defined in the Law and the Act and
qualifies as an eligible urban renewal area under the Law and Act.
(b) The rehabilitation, conservation, and redevelopment of the urban renewal
area pursuant to the Amended Plan are necessary in the interests of
public health, safety, and welfare of the residents of the City.
(c) There continues to be a need for the Agency to function in the City.
(d) The Amended Plan conforms to the City of Rexburg 2020 Comprehensive
Plan.
(e) The Amended Plan gives due consideration to the provision of adequate
park and recreation areas and facilities that may be desirable for
neighborhood improvement (recognizing the mixed use components of the
Amended Plan and the need for overall public improvements), and shows
consideration for the health, safety, and welfare of any residents or
businesses in the general vicinity of the urban renewal area covered by the
Amended Plan.
(f) The Amended Plan affords maximum opportunity consistent with the
sound needs of the City as a whole for the rehabilitation and
redevelopment of the urban renewal area by private enterprises.
(g) The Amended Plan provides a feasible method for relocation of any
displaced families residing within the Amended Project Area.
(h) The collective base assessment roll for the revenue allocation areas under
the Washington School Plan, the North Highway Plan, as amended, the
University Boulevard Plan, and the new Amended Plan do not exceed ten
percent (10 %) of the assessed value of the City.
(i) The Amended Plan includes the requirements set out in Idaho Code § 50-
2905.
(j) The Amended Plan is sufficiently complete to indicate such land
acquisition, demolition and removal of structures, redevelopment,
improvements, and rehabilitation as may be proposed to be carried out in
the urban renewal area, zoning and planning changes, if any, land uses,
maximum densities, building requirements, and any method or methods of
financing such plan, which methods may include revenue allocation
financing provisions.
ORDINANCE — North Highway, South Addition Plan - iv
(h: /judy /wpdafa/ burg/n highway a mend/Ordinance,doc)
SECTION 2: The City Council finds that the Amended Project Area does not
consist of predominantly open land, that the Agency does not intend to acquire any
open land on any widespread basis, and that the Amended Project Area is planned to be
redeveloped in a manner that will include nonresidential uses. Provided, however, the
City Council fmds that if portions of the Amended Project Area are deemed "open
land," the criteria set forth in the Law and Act has been met.
SECTION 3: The City Council finds that the Amended Plan meets the sound
needs of the City and will provide opportunities in an area that does not now contain
such opportunities, and nonresidential uses are necessary and appropriate to facilitate
the proper growth and development standards in accordance with the objectives of the
City of Rexburg 2020 Comprehensive Plan, as may be amended to overcome economic
disuse, the need for improved traffic patterns, and the need for the correlation of this
area with other areas of the City.
SECTION 4: The Amended Plan, a copy of which is attached hereto and
marked as Exhibit 3 and made a part hereof by attachment, be, and the same hereby is,
approved. As directed by the City Council, the City Clerk and/or the Agency may
make certain technical corrections or revisions in keeping with the information and
testimony presented at the November 5, 2014, hearing, and incorporate changes or
modifications, if any.
SECTION 5: No direct or collateral action challenging the Amended Plan
shall be brought prior to the effective date of this Ordinance or after the elapse of
thirty (30) days from and after the effective date of this Ordinance adopting the
Amended Plan.
SECTION 6: Upon the effective date of this Ordinance, the City Clerk is
authorized and directed to transmit to the County Auditor and Tax Assessor of Madison
County and to the appropriate officials of Madison County Board of County
Commissioners, city of Rexburg, Madison County Road and Bridge, Madison County
Library, Madison County Ambulance, Madison County Mosquito Abatement, Rexburg
Cemetery, Madison County School #321, and the State Tax Commission a copy of this
Ordinance, a copy of the legal description of the boundaries of the Amended Revenue
Allocation Area, and a map or plat indicating the boundaries of the Amended Revenue
Allocation Area.
SECTION 7: The City Council hereby finds and declares that the Amended
Revenue Allocation Area as defined in the Amended Plan, the equalized assessed
valuation, of which the City Council hereby determines is in and is part of the
Amended Plan, is likely to continue to increase as a result of the initiation and
completion of urban renewal projects pursuant to the Amended Plan.
SECTION 8: The City Council hereby approves and adopts the following
statement policy relating to the appointment of City Council members as members of
the Agency's Board of Commissioners: If any City Council members are appointed to
the Board, they are not acting in an ex officio capacity but, rather, as private citizens
who, although they are also members of the City Council, are exercising their
independent judgment as private citizens when they sit on the Board. Except for the
powers to appoint and terminate Board members and to adopt the Amended Plan, the
City Council recognizes that it has no power to control the powers or operations of the
Agency.
SECTION 9: So long as any Agency bonds, notes or other obligations are
outstanding, the City Council will not exercise its power under Idaho Code section 50-
2006 to designate itself as the Agency Board.
SECTION 10: This Ordinance shall be in full force and effect immediately
upon its passage, approval, and publication and shall be retroactive to January 1, 2014,
to the extent permitted by the Act relating to the area added by the Amended Plan,
January 1, 2003, for the Downtown Plan, and January 1, 2009, for the Amended
ORDINANCE — North Highway, South Addition Plan - v
(h:ljadyAw data/ WrWn highway=end/Ordinmw doe)
Restated Downtown Plan.
SECTION 11: The provisions of this Ordinance are severable, and if any
provision of this Ordinance or the application of such provision to any person or
circumstance is declared invalid for any reason, such declaration shall not affect the
validity of remaining portions of this Ordinance.
SECTION 12: One -half plus one of the City Council members finding good
cause, the City Council hereby dispenses with the rule that this Ordinance be read on
three different days, and have hereby adopted this Ordinance, having considered it at
one reading.
SECTION 13: The Summary of this Ordinance, a copy of which is attached
hereto as Exhibit 4, is hereby approved.
SECTION 14: All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 15: 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 Rexburg, Idaho, on this 5h day of
November 2014.
APPROVED by the Mayor of the city of Rexburg, Idaho, on this 5"' day of
November 2014.
EXHIBITS TO THE ORDINANCE
Exhibit I Resolution of the Rexburg Planning and Zoning Commission Relating to
the Second Amended and Restated Downtown District Redevelopment
Plan for the City of Rexburg
Exhibit 2 Notice Published in the Standard Journal
Exhibit 3 Second Amended and Restated Downtown District Redevelopment Plan
Exhibit 4 Ordinance Summary
SUMMARY OF AMENDED PLAN
The Second Amended and Restated Downtown District Redevelopment Plan
( "Amended Plan") was prepared by the urban renewal agency of the city of Rexburg,
the Rexburg Redevelopment Agency ( "Agency ") pursuant to the Idaho Urban Renewal
Law of 1965, chapter 20, title 50, Idaho Code, as amended (the "Law "), the Local
Economic Development Act, chapter 29, title 50, Idaho Code, as amended, the Idaho
Constitution, and all applicable laws and ordinances and was approved by the Agency.
The Amended Plan provides for the Agency to undertake urban renewal projects
pursuant to the Law and Act. The Amended Plan contains a revenue allocation
financing provision pursuant to the Act that will cause property taxes related to the East
2nd South Area resulting from any increases in equalized assessed valuation in excess of
the equalized assessed valuation as shown on the original base assessment roll as of
January 1, 2014, to be allocated to the Agency for the urban renewal purposes. The
base assessment roll date for the original Downtown Plan remains at January 1, 2003,
and January 1, 2009, for the Amended and Restated Downtown Plan
The general scope and objectives of the Amended Plan are:
1. Acquisition of certain real property (if needed) and through the voluntary
measures described in Section 305;
2. Demolition or removal of certain buildings and improvements for public
rights -of -way for streets, utilities, walkways, and other improvements for
public facility building sites, to eliminate unhealthful, unsanitary, or unsafe
conditions, improve density, eliminate obsolete or other uses detrimental to
ORDINANCE — North Highway, South Addition Plan - A
(h: /judy /wpdaWR burg /n highway amend/Ordinance.doc)
the public welfare, or otherwise to remove or to prevent the spread of
deteriorating or deteriorated conditions;
3. Provision for participation by property owners within the Amended Project
Area to achieve the objectives of this Plan;
4. Management of any property acquired by and under the ownership and control
of the Agency;
5. Provision for relocation assistance to displaced Amended Project Area
occupants, as required by law;
6. The installation, construction, or reconstruction of streets, railroad spurs (as
allowed by law), utilities, including electrical distribution and transmission
lines in underground configuration, if needed to encourage new developments,
fiber optic or other communication systems, parking facilities, and other
public improvements, including, but not limited to, irrigation and drainage
laterals and ditches, canal crossings, storm drain systems, water and sewer
improvements, fire protection systems, streetlights, traffic signals, sidewalks,
curbs, gutters, and other public improvements, including community facilities
owned or occupied by the Agency or other public agencies, including the
City's walkways, public open spaces, community centers, cultural centers and
visitors or information centers as may be deemed appropriate by the Board,
and also including other public improvements, such as, but not limited to,
installation, construction or reconstruction of fire stations and/or police
stations;
7. Disposition of property for uses in accordance with this Plan;
8. The redevelopment of land by private enterprise or public agencies for uses in
accordance with this Plan;
9. Rehabilitation of structures and improvements by present owners, their
successors, and the Agency;
10. Preparation and assembly of adequate sites for the development and
construction of facilities for commercial, public, mixed -use development,
office, appropriate retail, and other ancillary uses;
11. As allowed by law, lend or invest federal funds to facilitate redevelopment;
12. Construction of foundations, platforms, and other like structural forms
necessary for the provision or utilization of air rights, sites for buildings to be
used for residential, public, commercial, and other uses contemplated by the
Plan, and to provide utilities to the development site; and
13. Coordinating with the City in the implementation of the City's
Comprehensive Plan within the Project Area.
Any such land uses as described in the Amended Plan will be in conformance
with zoning for the city of Rexburg and the City of Rexburg Vision 2020
Comprehensive Plan as adopted by the City Council. Land made available will be
developed by private enterprises or public agencies as authorized by law. The
Amended Plan identifies various public and private improvements which may be made
within the Amended Project Area.
The Amended Project Area herein referred to is located generally as follows:
Original 2003 urban renewal revenue allocation area is more particularly
described as follows:
A. Description of urban renewal project area:
ORDINANCE — North Highway, South Addition Plan - vii
(h'ljudy/ pdata/Rezbur /n high V a mend/Ordinance.doc)
Blocks 32, 33, 34, 37, 38, 39, 40, and the surrounding streets of the Rexburg Original
Townsite, Madison County, Idaho; lying within Sections 19 and 30 of Township 6
North, Range 40 East of the Boise Meridian.
More particularly as follows:
Beginning at a point 49.5 feet East of the Southeast corner of said Section 19, thence
North 819 feet to the Southwest corner of Block 20, thence West 2,376 feet to the
Northeast corner of Block 31, thence South 759 feet, thence West 759 feet, thence
South 879 feet to the Northeast corner of Block 46, thence East 3,135 feet to the
Northwest corner of Block 8 of the Rigby Addition to Rexburg, thence North 819 feet
to the point of beginning.
B. Description of revenue allocation area:
Blocks 32, 33, 34, 37, 38, 39, 40, and the surrounding streets of the Rexburg Original
Townsite, Madison County, Idaho; lying within Sections 19 and 30 of Township 6
North, Range 40 East of the Boise Meridian.
More particularly as follows:
Beginning at a point 49.5 feet East of the Southeast comer of said Section 19, thence
North 819 feet to the Southwest corner of Block 20, thence West 2,376 feet to the
Northeast corner of Block 31, thence South 759 feet, thence West 759 feet, thence
South 879 feet to the Northeast corner of Block 46, thence East 3,135 feet to the
Northwest corner of Block 8 of the Rigby Addition to Rexburg, thence North 819 feet
to the point of beginning.
Less Lot 2 of Block 39 of the Original Rexburg Townsite.
Additional urban renewal /revenue allocation area (2009):
The West 2nd South Hemming Site Addition is included in the following
description:
Beginning at a point 49.5 feet East of the Southeast corner of Section 19, Township 06
North, Range 40 E, Boise Meridian; running thence North 819 feet to the Southwest
corner of Block 20; thence West 2,376 feet to the Northeast corner of Block 31; thence
South 759 feet; thence West 759 feet; thence South 1,821.48 feet; thence East 209.59
feet; thence North 65.84 feet; thence East 148.20 feet; thence South 65.25 feet; thence
East 82.73 feet; thence North 8.56 feet; thence East 17.25 feet; thence South 74.19 feet;
thence East 409.58 feet; thence North 1,007.56 feet; thence East 2267.65 feet; thence
North 818.96 feet to the point of beginning.
Less the following: Lot 2, Block 39 of the Original Rexburg Townsite.
Additional urban renewal /revenue allocation area (2014):
The East 2nd South Area amendment is included in the following description:
The right of way for the following street segments which are shown on the Original
Rexburg Town site, Parker Addition, Rigby Addition, and the Princeton Court
Subdivision which are described as follows:
Center Street, College Ave, 1St East, and 2nd East from 1St South to 2nd South
All of Princeton Court
2 "d South from 1St West to 2 "d East
All of the right of ways are 99 feet except for College Ave which is 60 feet, and
Princeton Court which is 33 feet ending in a 35 foot radius cul -de -sac
More particularly as follows:
ORDINANCE — North Highway, South Addition Plan - viii
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Attachment 5 describes in detail the cost and financing methods for complete
repayment of the debt incurred used to finance the projects and to also fund the
additional described activities.
No change in the land use designation or the potential uses in the area have been
proposed. The Amended Plan follows the underlying zoning classifications of the city
of Rexburg.
Sections 600 and 700 describe cooperative activities by the Agency with the
City.
The duration of the Amended Plan is for twenty -four (24) years. A termination
process is described in Section 800 of the Amended Plan. The Agency is required to
prepare an annual report each year describing its activities during the previous year.
ATTACHMENTS TO THE AMENDED PLAN
Attachment 1 Description of the Project Area and Revenue Allocation Area
Attachment 2 Project Area- Revenue Allocation Area Boundary Map
Attachment 3 Private Properties Which May be Acquired by Agency
Attachment 4 Map Depicting Expected Land Uses and Current Zoning within the
Revenue Allocation Area and Project Area
Attachment 5 Statement of Proposed Public Improvements, Costs, Revenues,
Tax Impacts and Financing Methods
Attachment 5A Estimated Net Taxable Value of New Private Development
(Commercial/Residential) Rexburg Downtown Urban Renewal
Project, as Amended (7 -24 -2014)
Attachment 5B Estimated Annual Tax Revenue Allocations Rexburg Downtown
Urban Renewal Project, as Amended (7 -24 -2014)
Attachment 5C Estimated Annual Revenues and Costs Rexburg Downtown Urban
Renewal Project, as Amended (7 -24 -2014)
Attachment 5.4 Estimated Annual Revenues and Costs in the Area 4 Urban
Renewal Project
The full text of Ordinance 1123 is available at the offices of the City Clerk,
35 North 1'` East, Rexburg, Idaho.
This summary is approved by the Rexburg City Council at its meeting of
November 5, 2014.
Richard S. Woodland, Mayor
ATTEST:
Blair D. Kay, City Clerk
I, Stephen Zollinger, City Attorney for the city of Rexburg, Idaho, hereby declare
and certify that in my capacity as City Attorney of the city of Rexburg, 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 Ordinance provides adequate notice to the public of the contents,
including the exhibits, of Ordinance No. 1123.
DATED this 5d day of November 2014.
s 3t5"�
`a
Stephen ollinger, City rney
Rexburg, Idaho
ORDINANCE — North Highway, South Addition Plan - x
(Milo y/wpdata/ Wrg/n highway a mend/Ordinmce.doc)
RESOLUTION OF THE REXBURG PLANNING AND ZONING COMMISSION
RELATING TO THE SECOND AMENDED AND RESTATED DOWNTOWN
DISTRICT REDEVELOPMENT PLAN FOR THE CITY OF REXBURG
WHEREAS, the Rexburg Redevelopment Agency (hereinafter "Agency "), has submitted
a proposed Urban Renewal Plan entitled "Second Amended and Restated Downtown District
Redevelopment Plan for the Downtown Urban Renewal Project' ' (the "Plan") to the City of
Rexburg, and the City Council, through the Mayor, referred the Plan to the Rexburg Planning
and Zoning Commission for review and recommendations concerning the conformity of said
Plan with the Comprehensive Plan known as the City of Rexburg Vision 2020 Comprehensive
Plan; and
WHEREAS, the staff of the Rexburg Planning and Zoning Commission has reviewed
said Plan and has determined that it is in all respects in conformity with the Comprehensive Plan;
and
WHEREAS, the Rexburg Planning and Zoning Commission met on October 2, 2014, to
consider the Plan; and
WHEREAS, the Rexburg Planning and Zoning Commission has reviewed said Plan in
view of the Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF REXBURG, IDAHO:
Section 1. That the Plan, submitted by the Rexburg Redevelopment Agency and
referred to this Commission by the City Council for review, is in all respects in conformity with
the Comprehensive Plan.
Section 2. That the Director of the Planning and Zoning Division by and hereby is
authorized and directed to provide the Rexburg City Council with a certified copy of this
Resolution relating to said Plan.
Section 3. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
PASSED by the Planning and Zoning Commission of the City of Rexburg, Idaho, this
2nd day of October 2014.
Director, Planning and Zoning Division
4835- 4151 -2990, v. I
`l
The Rexburg Redevelopment Agency
September 22, 2014
Elaine McFerrin
City of Rexburg
Planning and Zoning Coordinator
35 North 1" East
Rexburg, ID 83440
SEP 2 2 2014
CITY OF REXBURG
RE: Second Amended and Restated Downtown District Redevelopment Plan for the
Downtown Urban Renewal Project
Dear Planning and Zoning Commission:
In compliance with the Idaho Urban Renewal Law of 1965, as amended, Chapter 20, Title
50 (the "Law ") and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as
amended (the "Act "), the Rexburg Redevelopment Agency is providing you with a copy of the
Second Amended and Restated Downtown District Redevelopment Plan for the Downtown
Urban Renewal Project. Under the provisions of the Law and the Act, This plan must be
reviewed by the Planning & Zoning Commission.
To expedite your review of this plan, I have provided you with a descriptive discussion of
the general scope and objectives of the plan as well as a description of the Urban Renewal Area
being recommended. This will be much easier than wading through the entire plan that you have
reviewed when it was initially created and again when it was modified the first time. You found
that the plan complied with your comprehensive plan both times. The Planning and Zoning
Commissions finding will be passed on to the City Council before they conduct a public hearing
regarding the adoption of this modified plan.
As you will see in the discussion attached to this cover letter, the modifications being
made to the existing downtown plan include language that would allow the Rexburg
Redevelopment Agency to assist the County and City of Rexburg to help with the construction or
reconstruction of public buildings such as fire stations and/or police stations. Additional
modifications being made include the addition of five downtown city streets to the Urban
Renewal Area to allow tax increment financing to be used to fund improvements to be made to
these streets.
The Rexburg Redevelopment Agency is requesting the Planning and Zoning
Commission to review the plan and make a finding that these modifications being made to the
plan complies with the City's Comprehensive Plan.
Thank you for your consideration of this plan as it relates to compliance with the
Comprehensive Plan. If you have any questions please do not hesitate to contact me.
Very truly yours,
REXBURG REDEVELOPMENT AGENCY
A istrative Support, Ten utikofer
1 GENERAL SCOPE AND OBJECTIVES AND GENERAL DESCRTIPTON OF THE
SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN
REXBURG REDEVELOPMENT PROJECT
OF THE REXBURG REDEVELOPMENT AGENCY
OF THE CITY OF REXBURG
The general scope and objectives of the Plan are:
Acquisition of certain real property (if needed) and through the voluntary
measures described in Section 305;
2. Demolition or removal of certain buildings and improvements for public rights -
of -way for streets, utilities, walkways, and other improvements for public facility
building sites, to eliminate unhealthful, unsanitary, or unsafe conditions, improve
density, eliminate obsolete or other uses detrimental to the public welfare, or
otherwise to remove or to prevent the spread of deteriorating or deteriorated
conditions;
Provision for participation by property owners within the Project Area to achieve
the objectives of this Plan;
4. Management of any property acquired by and under the ownership and control of
the Agency;
5. Provision for relocation assistance to displaced Project Area occupants, as
required by law;
6. The installation, construction, or reconstruction of streets, railroad spurs (as
allowed by law), utilities, including electrical distribution and transmission lines
in underground configuration, if needed to encourage new developments, fiber
optic or other communication systems, parking facilities, and other public
improvements, including, but not limited to, irrigation and drainage laterals and
ditches, canal crossings, storm drain systems, water and sewer improvements, fire
protection systems, streetlights, traffic signals, sidewalks, curbs, gutters, and other
public improvements, including community facilities owned or occupied by the
Agency or other public agencies, including the City's walkways, public open
spaces, commnunity centers, cultural centers and visitors or information centers as
may be deemed appropriate by the Board, and also including other public
improvements, such as, but not limited to, installation, construction or
reconstruction of fire stations and /or police stations;
7. Disposition of property for uses in accordance with this Plan;
8. The redevelopment of land by private enterprise or public agencies for uses in
accordance with this Plan;
9. Rehabilitation of structures and improvements by present owners, their
successors, and the Agency;
10. Preparation and assembly of adequate sites for the development and construction
of facilities for commercial, public, mixed -use development, office, appropriate
retail, and other ancillary uses;
11. As allowed by law, lend or invest federal funds to facilitate redevelopment;
12. Construction of foundations, platforms, and other like structural forms necessary
for the provision or utilization of air rights, sites for buildings to be used for
residential, public, commercial, and other uses contemplated by the Plan, and to
provide utilities to the development site; and
13. Coordinating with the City in the implementation of the City's Comprehensive
Plan within the Project Area.
Any such land uses as described in the Plan will be in conformance with zoning for the
city of Rexburg and the Comprehensive Plan for the city of Rexburg, as adopted by the City
Council. Land made available will be developed by private enterprises or public agencies as
authorized by law. The Plan identifies various public and private improvements which may be
made within the Urban Renewal Area.
The Urban Renewal Project Area and Revenue Allocation Area herein referred to is
described as follows:
Original 2003 urban renewal revenue allocation area is more particularly described as
follows:
A. Description of urban renewal project area:
Blocks 32, 33, 34, 37, 38, 39, 40, and the surrounding streets of the Rexburg
Original Townsite, Madison County, Idaho; lying within Sections 19 and 30 of
Township 6 North, Range 40 East of the Boise Meridian.
More particularly as follows:
Beginning at a point 49.5 feet East of the Southeast corner of said Section 19,
thence North 819 feet to the Southwest corner of Block 20, thence West 2,376
feet to the Northeast corner of Block 31, thence South 759 feet, thence West 759
feet, thence South 879 feet to the Northeast comer of Block 46, thence East 3,135
feet to the Northwest corner of Block 8 of the Rigby Addition to Rexburg, thence
North 819 feet to the point of beginning.
B. Description of revenue allocation area:
Blocks 32, 33, 34, 37, 38, 39, 40, and the surrounding streets of the Rexburg
Original Townsite, Madison County, Idaho; lying within Sections 19 and 30 of
Township 6 North, Range 40 East of the Boise Meridian.
More particularly as follows:
Beginning at a point 49.5 feet East of the Southeast coiner of said Section 19,
thence North 819 feet to the Southwest comer of Block 20, thence West 2,376
feet to the Northeast corner of Block 31, thence South 759 feet, thence West 759
feet, thence South 879 feet to the Northeast corner of Block 46, thence East 3,135
feet to the Northwest corner of Block 8 of the Rigby Addition to Rexburg, thence
North 819 feet to the point of beginning.
Less Lot 2 of Block 39 of the Original Rexburg Townsite.
Additional urban renewal /revenue allocation area (2009):
The West 2nd South Hemming Site Addition is included in the following description:
Beginning at a point 49.5 feet East of the Southeast corner of Section 19,
Township 06 North, Range 40 E, Boise Meridian; ruining thence North 819 feet
to the Southwest corner of Block 20; thence West 2,376 feet to the Northeast
confer of Block 31; thence South 759 feet; thence West 759 feet; thence South
1,821.48 feet; thence East 209.59 feet; thence North 65.84 feet; thence East
148.20 feet; thence South 65.25 feet; thence East 82.73 feet; thence North 8.56
feet; thence East 17.25 feet; thence South 74.19 feet; thence East 409.58 feet;
thence North 1,007.56 feet; thence East 2267.65 feet; thence North 818.96 feet to
the point of beginning.
Less the following: Lot 2, Block 39 of the Original Rexburg Townsite.
Additional urban renewal /revenue allocation area (2014):
The East 2nd South Area is described as the public right -of -way or easement that
includes:
2nd South Street from 1 st West Street to and including its intersection with 2nd
East Street
Center Street from 1st South to 2nd South Streets
College Avenue from 1st South to 2nd South Streets
1st East Street from lst South to 2nd South Streets
Princeton Court cul -de -sac
2nd East Street from 1 st South to 2nd South Streets
The major modifications to this plan have been highlighted in yellow. The project
areas are also depicted in the map below.
E 2nd S Addition LEGEND
Downtown District
OOarmtavm DisLict RedavEbpmen! PWl
%V.W,4. S� M.b Ranaxal Plan
1k ,L. E4R1o� y Mn.l a'n
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_
Copies of the proposed Plan are on file for public inspection and copying for the cost of
duplication at the office of the City Clerk of Rexburg, 35 North I't East, Rexburg, Idaho,
between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, exclusive of holidays.
Elaine has also been provided a copy:
RESOLUTION NO. 2014-6
- SEP
A RESOLUTION OF THE REXBURG REDEVELO MET 2 2 2014
AGENCY, THE URBAN RENEWAL AGENCY OF
OF REXBURG, IDAHO, RECOMMENDING AND F R���fl
THE SECOND AMENDED AND RESTATED DOWNTOWN
DISTRICT REDEVELOPMENT PLAN, EAST SECOND
SOUTH ADDITION, WHICH SECOND AMENDED AND
RESTATED PLAN INCLUDES REVENUE ALLOCATION
FINANCING PROVISIONS; AUTHORIZING THE CHAIRMAN
OR ADMINISTRATOR AND THE SECRETARY OF THE
AGENCY TO TAKE APPROPRIATE ACTION; AND
PROVIDING FOR THIS RESOLUTION TO BE EFFECTIVE
UPON ITS PASSAGE AND APPROVAL.
THIS RESOLUTION, made on the date hereinafter set forth by the Rexburg Urban
Renewal Agency, an independent public body corporate and politic, authorized under the
authority of the Idaho Urban Renewal Law of 1965, as amended, Chapter 20, Title 50, Idaho
Code as amended (hereinafter the "Law ") and the Local Economic Development Act, Chapter
20, Title 50, as amended (hereinafter the "Act"), a duly created and functioning urban renewal
agency for Rexburg, Idaho, hereinafter referred to as the "Agency."
WHEREAS, by Resolution dated November 6, 1991, the City of Rexburg created an
urban renewal agency, pursuant to Chapter 20, Title 50 Idaho Code;
WHEREAS, the City Council of the City of Rexburg, Idaho (the "City "), after notice
duly published, conducted a public hearing on the North Highway Urban Renewal Project
pursuant to the North Highway Urban Renewal Plan (the "North Highway Plan") to redevelop a
portion of the City, pursuant to the Law and the Act;
WHEREAS, following said public hearing, the city council adopted its Ordinance
No. 728 on December 27, 1991, approving the North Highway Urban Renewal Plan and making
certain findings;
WHEREAS, the Rexburg City Council, after notice duly published, conducted a public
hearing on the North Highway Amended and Restated Urban Renewal Plan (the "North
Highway Amended and Restated Plan");
WHEREAS, following said public hearing, the City Council adopted its Ordinance
No. 815 on December 30, 1998, approving the North Highway Amended and Restated Plan and
making certain findings;
WHEREAS, the Rexburg City Council, after notice duly published, conducted a public
hearing on April 9, 1997, and passed Resolution No. 97.01, finding the Washington School Site
Area as "deteriorated" or "deteriorating area" as defined by Idaho Code Section 50- 2018(h), (1)
and 50- 2903(b) declaring such area as an urban renewal area, making the necessary findings as
RESOLUTION NO. 2014- 6 - 1
M'
required by Idaho Code Section 50- 2008(a) and authorizing the Agency to prepare an urban
renewal plan;
WHEREAS, the Rexburg City Council, after notice duly published, conducted a public
hearing on the Washington School Urban Renewal Plan (the "Washington School Urban
Renewal Plan");
WHEREAS, following said public hearing, the City Council adopted its Ordinance
No. 794 on June 3, 1997, approving the Washington School Urban Renewal Plan, and making
certain findings;
WHEREAS, the Rexburg City Council, after notice duly published, conducted a public
hearing on the Second Amended and Restated Urban Renewal Plan, North Highway Urban
Renewal Project, Including South Addition (the "Second Amended and Restated North Highway
Plan");
WHEREAS, following said public hearing, the City Council adopted its Ordinance No.
950 on December 21, 2005, approving the Second Amended and Restated North Highway Plan,
and making certain findings;
WHEREAS, the Rexburg City Council, after notice duly published, conducted a public
hearing on the University Boulevard -South 12th West Urban Renewal Plan ("University
Boulevard Plan");
WHEREAS, following said public hearing, the City Council adopted its Ordinance No.
996 on December 19, 2007, approving the University Boulevard Plan, and making certain
findings;
WHEREAS, the Rexburg City Council, after notice duly published, conducted a public
hearing on the Amended and Restated Downtown District Redevelopment Plan ("Amended and
Restated Downtown Plan");
WHEREAS, following said public hearing, the City Council adopted its Ordinance No.
1035 on December 2, 2009, approving the Amended and Restated Downtown Plan, and making
certain findings;
WHEREAS, based on inquiries and information presented by certain interested parties
and property owners, it has become apparent that additional property within the City may be
deteriorating or deteriorated and should be examined as to whether such an area is eligible for
urban renewal planning proposes;
WHEREAS, the Agency commenced certain discussions concerning examination of the
additional area as appropriate for an urban renewal project;
WHEREAS, in April 2014, the Agency authorized the commencement of an eligibility
study and preparation of an eligibility report of the. area and surrounding properties;
RESOLUTION NO. 2014- 6 - 2
WHEREAS, the Agency has obtained an eligibility report (the "Report"), which
examined an area in downtown Rexburg in an area known as the East 2nd South Urban Renewal
Project Area for the purpose of determining whether such area was a deteriorating area and
deteriorated area as defined by Idaho Code Sections 50- 2018(9) and 50- 2903(8);
WHEREAS, the Agency accepted the Report by way of Resolution No. 2014 - 4 at the
June 17, 2014, meeting of the Agency Board;
WHEREAS, pursuant to the Resolution adopted by the Agency on June 17, 2014, the
Agency has sought authorization to pursue the development of an urban renewal plan for the
City within a geographical area which the Agency seeks the City Council determination of
qualification for urban renewal activity;
WHEREAS, at its July 2, 2014, meeting the City Council considered the Eligibility
Report for designation of an urban renewal area;
WHEREAS, by approval of City Council Resolution No. 2014 -12, the City Council
directed the Agency to commence preparation of an urban renewal plan for the area designated;
WHEREAS, pursuant to Idaho Code Section 50 -2008, an urban renewal project may not
be planned or initiated unless the local governing body has, by resolution, determined such area
to be a deteriorated area or deteriorating area, or combination thereof, and designated such area
as appropriate for an urban renewal project;
WHEREAS, Idaho Code Section 50 -2906, also requires that in order to adopt an urban
renewal plan containing a revenue allocation financing provision, the local governing body must
made a finding or determination that the area included in such plan is a deteriorated area or
deteriorating area;
WHEREAS, the Agency has previously commenced the implementation of the Amended
and Restated Downtown Plan;
WHEREAS, the Agency has now proposed to embarked on a revised urban renewal
project referred to as the Second Amended and Restated Downtown District Redevelopment
Plan, East Second South Addition ("Second Amended and Restated Downtown District
Redevelopment Plan") to redevelop a portion of the City pursuant to the Law and the Local
Economic Development Act, Chapter 29, Title 50, Idaho Code (hereinafter the "Act");
WHEREAS, the Second Amended and Restated Downtown District Redevelopment Plan
proposes to add an additional urban renewal area referred to as the East Second South Addition,
located in the following area: an area generally described as the following public street rights -
of -way:
East 2°d South Street from South 1�` West Street to South 2 °d East Street;
2. South Center Street from East I't South Street to East 2nd South Street;
3. College Avenue from East 1st South Street to East 2nd South Street;
RESOLUTION NO. 2014- 6 - 3
4. South 0 East Street from East lst South Street to East 2"" South Street;
5. Princeton Court; and
6. South 2n1 East from East 1st South Street to East 2" d South Street.
WHEREAS, the Second Amended and Restated Downtown District Redevelopment Plan
updates certain provisions and financial information from the prior version of the Amended and
Restated Downtown Plan, adopted in 2009, changes in the Law and Act since 2009, and provide
a projection concerning remaining and additional improvements, projected expenses, and
anticipated revenues through 2029;
WHEREAS, the Agency has prepared the proposed Second Amended and Restated
Downtown District Redevelopment Plan for the area previously designated as eligible for urban
renewal planning;
WHEREAS, the Act authorizes certain urban renewal agencies (including the Agency),
to adopt revenue allocation financing provisions as part of their urban renewal plans;
WHEREAS, in order to implement the provisions of the Act and the Law either the
Agency may prepare a plan, or any person, public or private, may submit such plan to the
Agency;
WHEREAS, such proposed Second Amended and Restated Downtown District
Redevelopment Plan also contains provisions of revenue allocation financing as allowed by the
Act;
WHEREAS, in order to implement the provisions of the Act, the Agency shall prepare
and adopt a plan for each revenue allocation area and submit the Second Amended and Restated
Downtown District Redevelopment Plan and recommendation for approval thereof to the City
Council;
WHEREAS, as required by the Act, the Agency has reviewed the information within the
Second Amended and Restated Downtown District Redevelopment Plan concerning use of
revenue allocation funds and approved such information;
WHEREAS, the Agency Board, at several meetings in 2014, has considered public
improvements related to the Amended and Restated Downtown Project Area;
WHEREAS, such Second Amended and Restated Downtown District Redevelopment
Plan will be tendered to the Planning and Zoning Commission and to the City for their
consideration and review as required by the Law and the Act;
WHEREAS, under the Act, the Second Amended and Restated Downtown District
Redevelopment Plan shall include a statement listing; (1) describing the total assessed valuation
of the base assessment roll of the revenue allocation area and the total assessed valuation of all
taxable property within the municipality; (2) listing the kind, number, and location of all
RESOLUTION NO. 2014- 6 - 4
proposed public works or improvements within the revenue allocation area; (3) an economic
feasibility study; (4) a detailed list of estimated project costs; (5) a fiscal impact statement
showing the impact of the revenue allocation area, both until and after the bonds are repaid, upon
all taxing districts levying taxes upon property in the revenue allocation area; and (6) a
description of the methods of financing all estimated project costs and the time when related
costs or monetary obligations are to be incurred; (7) a termination date for the plan and the
revenue allocation area as provided for in section 50- 2903(2); and (8) a description of the
disposition or retention of any assets of the agency upon the termination date;
WHEREAS, the Agency Board has considered all information submitted to date and all
comments and information submitted to the Agency during the July 24, 2014, meeting;
WHEREAS, it is necessary and in the best interests of the citizens of the City to
recommend approval of the Second Amended and Restated Downtown District Redevelopment
Plan and to adopt, as part of the Second Amended and Restated Downtown District
Redevelopment Plan, revenue allocation financing provisions that will help finance urban
renewal projects to be completed in accordance with the Second Amended and Restated
Downtown District Redevelopment Plan (as now or hereafter amended), in order to (1)
encourage private development in the urban renewal area; (2) to prevent and arrest decay of the
Second Amended and Restated Downtown District Redevelopment Plan Area due to the inability
of existing financing methods to provide needed public improvements; (3) to encourage taxing
districts to cooperate in the allocation of future tax revenues arising in the Second Amended and
Restated Downtown District Redevelopment Plan Area in order to facilitate the long -term
growth of their common tax base; (4) to encourage the long -term growth of their common tax
base; (5) to encourage private investment within the city of Rexburg and (6) to further the public
purposes of the Rexburg Redevelopment Agency;
WHEREAS, the Board of Commissioners of the Agency finds that the equalized assessed
valuation of the taxable property in the revenue allocation area described in Attachments 1 and 2
of the Second Amended and Restated Downtown District Redevelopment Plan is likely to
continue to increase as a result of initiation of urban renewal projects in accordance with the
Second Amended and Restated Downtown District Redevelopment Plan;
WHEREAS, under the Law and Act, any such Plan should provide for (1) a feasible
method for the location of families who will be displaced from the urban renewal area in decent,
safe and sanitary dwelling accommodations within their means and without undue hardship to .
such families; (2) the urban renewal plan should conform to the general plan of the municipality
as a whole; (3) the urban renewal plan should give due consideration to the provision of adequate
park and recreational areas and facilities that may be desirable for neighborhood improvement,
with special consideration for the health, safety and welfare of the children residing in the
general vicinity of the site covered by the plan; and (4) the urban renewal plan should afford
maximum opportunity, consistent with the sound needs of the municipality as a whole, for the
rehabilitation or redevelopment of the urban renewal area by private enterprise;
WHEREAS, if the urban renewal area consists of an area of open land to be acquired by
the urban renewal agency, such area shall not be so acquired unless (1) if it is to be developed for
residential uses, the local governing body shall determine that a shortage of housing of sound
standards and design which is decent, safe and sanitary exists in the municipality; that the need
RESOLUTION NO. 2014- 6 - 5
for housing accommodations has been or will be increased as a result of the clearance of slums in
other areas; that the conditions of blight in the area and the shortage of decent, safe and sanitary
housing cause or contribute to an increase in and spread of disease and crime and constitute a
menace to the public health, safety, morals, or welfare; and that the acquisition of the area for
residential uses is an integral part of and essential to the program of the municipality, or (2) if it
is to be developed for nonresidential uses, the local governing body shall determine that such
nonresidential uses are necessary and appropriate to facilitate the proper growth and
development of the community in accordance with sound planning standards and local
community objectives, which acquisition may require the exercise of governmental action, as
provided in the Law, because of defective or unusual conditions of title, diversity of ownership,
tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic
disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with
other areas of a municipality by streets and modem traffic requirements, or any combination of
such factors or other conditions which retard development of the area;
WHEREAS, the overall Second Amended and Restated Downtown District
Redevelopment Plan Area base assessment roll, along with the Washington School Plan Area
and the North Highway Plan Area, as amended, and the University Boulevard Plan Area cannot
exceed ten percent (10 %) of the Base Assessment Value of the City;
WHEREAS, the area to be added to the Second Amended and Restated Downtown
District Development Plan Project Area cannot exceed ten percent (10 %) of the area within the
Amended and Restated Downtown Project Area, and the area to be added is contiguous to the
Amended and Restated Downtown Project Area;
WHEREAS, Agency staff and consultants recommend the Board accept the Second
Amended and Restated Downtown District Redevelopment Plan and forward it to the City
Council;
WHEREAS, the Board finds it in the best public interest to recommend approval of the
adoption of the Second Amended and Restated Downtown District Redevelopment Plan as set
forth in Exhibit 1 attached hereto and incorporated herein by reference and to forward it to the
Mayor and City Council of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF THE REXBURG REDEVELOPMENT AGENCY, REXBURG, IDAHO AS FOLLOWS:
Section 1: That the above statements are true and correct.
Section 2: It is hereby found and determined that the project area as defined in the
Second Amended and Restated Downtown District Redevelopment Plan is a deteriorated or a
deteriorating area as defined in the Urban Renewal Law and the Economic Development Act and
qualifies as an eligible urban renewal area under the Urban Renewal Law.
Section 3: That the Agency recommends that the Second Amended and Restated
Downtown District Redevelopment Plan, a copy of which is attached hereto as Exhibit 1 and
incorporated herein by reference, be adopted by the City Council including those sections,
modifications, or text discussed at the July 24, 2014, Board meeting.
RESOLUTION NO. 2014- 6 - 6
Section 4:. That this Resolution constitutes the necessary action of the Agency under
the Act, Section 50 -2905, recommending approval by the City Council and that the Second
Amended and Restated Downtown District Redevelopment Plan includes a statement (1)
describing the total assessed valuation of the base assessment roll of the revenue allocation area
and the total assessed valuation of all taxable property within the municipality; (2) listing the
kind, number, and location of all proposed public works or improvements within the revenue
allocation area; (3) an economic feasibility study; (4) a detailed list of estimated project costs; (5)
a fiscal impact statement showing the impact of the revenue allocation area, both until and after
the bonds are repaid, upon all taxing districts levying taxes upon property in the revenue
allocation area; and (6) a description of the methods of financing all estimated project costs and
the time when related costs or monetary obligations are to be incurred; (7) a termination date for
the plan and the revenue allocation area as provided for in section 50- 2903(2); and (8) a
description of the disposition or retention of any assets of the agency upon the termination date.
Section 5: It is hereby found and determined that:
(a) The Second Amended and Restated Downtown District Redevelopment
Plan gives due consideration to the provision of adequate park and recreation areas and facilities
that may be desirable for neighborhood improvement (recognizing the commercial and industrial
component of the Second Amended and Restated Downtown District Redevelopment Plan and
the need for public improvements), and shows consideration for the health, safety, and welfare of
any residents or businesses in the general vicinity of the urban renewal area covered by the
Second Amended and Restated Downtown District Redevelopment Plan.
(b) The Second Amended and Restated Downtown District Redevelopment
Plan affords maximum opportunity consistent with the sound needs of the City as a whole for the
rehabilitation and redevelopment of the Project Area by private enterprises.
(c) The Second Amended and Restated Downtown District Redevelopment
Plan provides a feasible method for relocation of any displaced families residing within the
Project Area.
(d) The Project Area and Revenue Allocation Area may contain certain open
land, that the Agency does not intend to acquire any open land on any widespread basis, and that
the Project Area is planned to be redeveloped in a manner that will include both residential and
non - residential uses. Provided, however, that if portions of the Project Area and Revenue
Allocation Area are deemed "open land" the criteria set forth in the Law and Act have been met.
(e) That portion of the Project Area which is identified for non - residential
uses is necessary and appropriate to facilitate the proper growth and development standards in
accordance with the objectives of the Comprehensive Plan to overcome economic disuse, the
need for improved traffic patterns and the need for the correlation of this area with other areas of
the City.
(f) The base assessment roll of the Second Amended and Restated Downtown
District Redevelopment Plan Area, along with the Washington School Plan Area and the North
RESOLUTION NO. 2014- 6 - 7
Highway Plan Area, as amended, and the University Boulevard Plan Area, does not exceed ten
percent (10 %) of the assessed value of the City.
(g) The area to be added to the Second Amended and Restated Downtown
District Redevelopment Plan Project Area does not exceed ten percent (10 %) of the geographical
area contained within the Amended and Restated Downtown Project Area and the area to be
added is contiguous to the Amended and Restated Downtown Project Area.
Section 6: The Chairman, or the Administrator, and the Secretary of the Agency are
hereby authorized and directed to take all steps necessary and convenient to submit the proposed
Second Amended and Restated Downtown District Redevelopment Plan for approval by the City
including, but not limited to, the preparation of the notice of public hearing on adoption of the
revenue allocation financing provisions by the City Council and submittal of the Second
Amended and Restated Downtown District Redevelopment Plan to the various taxing entities as
required by Idaho Code Section 50 -2906.
Section 7. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
PASSED by the Rexburg Redevelopment Agency of Rexburg, Idaho, on July 24, 2014.
Signed by the Chairman of the Board of Commissioners, and attested by the Secretary to the
Board of Commissioners, on July 24, 2014.
I_W : �Itha13
REXBURG REDEVELOPMENT AGENCY
RESOLUTION NO. 2014- 6 - 8
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Madison County
City of Rexburg
Madison County Road and Bridge
Madison County Library
Madison County Ambulance
Madison County Mosquito Abatement
Rexburg Cemetery
Madison County School #321
TAXING ENTITY:
CITY or
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November 24, 2014
RE: Second Amended and Restated Downtown District Redevelopment Plan for the
Downtown Urban Renewal Project
Dear Sir or Madam:
Enclosed please find a copy of Ordinance No. 1123 approved by the City Council of
Rexburg on November 5, 2014, and signed by the Mayor on November 5, 2014, which adopted
the Second Amended and Restated Downtown District Redevelopment Plan for the Downtown
Urban Renewal Project ( "Plan"). Publication of the Ordinance Sulmnary occurred on November
8, 2014. You are being provided a copy of the Ordinance and a copy of the summary of the
Ordinance. No changes were made beyond what had been transmitted to you on September 26,
2014. As set forth in the Idaho Code Section 50 -2907, you are also being provided a separate
copy of the legal description of the revenue allocation area and a copy of the map depicting the
revenue allocation area.
Should you desire a copy of the entire Plan and its attachments, copies can be obtained
from the office of the City Clerk, 35 North lst East, Rexburg, Idaho, 83440.
Sincerely,
Zkm;, D K
Blair Kay, City Clerk
Enclosures
cc: Mayor Richard S. Woodland
Richard Horner, Chair
Ryan P. Armbruster
4837 - 7977 -0656, v. I