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HomeMy WebLinkAboutOrdinance 1123 - 2014 Amended Plan Ordinance SummaryExhibit 4 CITY OF REXBURG SUMMARY OF ORDINANCE NO. _________ 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. 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 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 ____ day of November 2014. APPROVED by the Mayor of the city of Rexburg, Idaho, on this __________ day of November 2014.