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HomeMy WebLinkAboutIntergovernmental Agreement_Madison County (2).doc   INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b) This Intergovernmental Agreement is entered into this _____ day of ___________, 2015, by and between Madison County, Idaho (“County”) and the City of Rexburg, Idaho (“Rexburg”), and is made for the purpose of complying with Idaho Code Section 50-2906(3)(b). RECITALS WHEREAS, the County is a duly organized and existing county under the laws and the Constitution of the State of Idaho; WHEREAS, Rexburg is a duly organized existing municipality under the laws and the Constitution of the state of Idaho; WHEREAS, the Rexburg City Council and Mayor of Rexburg respectively on or about November 6, 1991, adopted and approved a resolution creating the Rexburg Urban Renewal Agency, also known as the Rexburg Redevelopment Agency (the “Agency”), authorizing it to transact business and exercise the powers granted by the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (hereinafter the “Law”), and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (hereinafter the “Act”) upon making the findings of necessity required for creating said Agency; WHEREAS, there are currently four existing urban renewal project areas in Rexburg; WHEREAS, it became apparent to the Agency that additional property within and around Rexburg may be deteriorating or deteriorated and should be examined as to whether such areas are eligible for urban renewal planning purposes; WHEREAS, the Agency commenced certain discussions concerning examination of the new area as appropriate for an urban renewal project (the “North Interchange Area”); WHEREAS, the eligibility of the North Interchange Area was originally examined by Harlan W. Mann in 2006; WHEREAS, in August 2013, the Agency authorized Terry Butikofer, Community Development Consultant (the “Consultant”) at The Development Company, to commence an eligibility study and preparation of eligibility report of the North Interchange Area and surrounding properties; WHEREAS, the Agency obtained The North Interchange Area Urban Renewal Eligibility Report (the “2013 Eligibility Report”), which examined an area in Rexburg known as the North Interchange Urban Renewal Project Area, which area also included property located in the city of Sugar City and Madison County for the purpose of determining whether such areas were deteriorating areas and deteriorated areas as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the Agency, on December 13, 2013, adopted Resolution No. 2013-3 accepting the 2013 Eligibility Report and authorized the Chairman of the Agency to transmit the 2013 Eligibility Report to the Rexburg City Council requesting its consideration for designation of an urban renewal area and requesting the Rexburg City Council to direct the Agency to prepare an urban renewal plan for the North Interchange Urban Renewal Project Area, which plan may include a revenue allocation provision as allowed by law; WHEREAS, the Agency also authorized the transmittal of the 2013 Eligibility Report to the Sugar City’s City Council and the Madison County Board of County Commissioners for purposes of obtaining resolutions determining such areas outside the boundaries of Rexburg to be deteriorated and/or deteriorating and appropriate for an urban renewal project; WHEREAS, based on further inquiries by and at the request of the Sugar City’s City Council, it became apparent that additional property within the city limits of the city of Sugar City and certain properties in unincorporated Madison County and adjacent and/or contiguous to the North Interchange Urban Renewal Project Area may be deteriorating or deteriorated and should be examined as to whether such additional areas were eligible for urban renewal planning purposes; WHEREAS, the Agency, during 2014, requested the Consultant review certain additional areas within the city limits of the city of Sugar City and certain properties in unincorporated Madison County adjacent and contiguous to the property subject to an eligibility determination in the 2013 Eligibility Report and prepare a new eligibility report for the area; WHEREAS, the Agency obtained the North Interchange Area Urban Renewal Eligibility Report, dated June 10, 2014 (the “2014 Eligibility Report”), which examined an area in Rexburg known as the North Interchange Urban Renewal Project Area that was originally reviewed in the 2013 Eligibility Report and also included an examination of the additional property within the city limits of the city of Sugar City and certain properties in unincorporated Madison County for the purpose of determining whether such areas are deteriorating areas or deteriorated areas as defined by Idaho Code, Sections 50-2018(9) and 50-2903(8); WHEREAS, the 2014 Eligibility Report was submitted to the Agency; WHEREAS, the Agency, on June 17, 2014, adopted Resolution No. 2014-3 accepting the 2014 Eligibility Report and authorizing the Chairman of the Agency to transmit the 2014 Eligibility Report to the Rexburg City Council requesting consideration for designation of an urban renewal area and requesting the Rexburg City Council to direct the Agency to prepare an Urban Renewal Plan for the North Interchange Area, which plan may include a revenue allocation provision as allowed by law; WHEREAS, Idaho Code Section 50-2018(18) states that an urban renewal agency cannot exercise jurisdiction over any area outside the city limits without the approval of the other city or county declaring the need for an urban renewal plan for the proposed area; WHEREAS, the area considered within the 2014 Eligibility Report included certain properties within Sugar City and certain properties within unincorporated Madison County; WHEREAS, the 2014 Eligibility Report was submitted to the Sugar City’s City Council and the Madison County Board of County Commissioners, and both the Madison County Board of County Commissioners and the Sugar City’s City Council were asked to adopt a resolution finding the need for an urban renewal project for the proposed North Interchange Area; WHEREAS, the Sugar City’s City Council adopted the Agency’s findings concerning the proposed North Interchange Area by adopting Resolution No. 2014-2 on July 24, 2014; WHEREAS, the Madison County Board of County Commissioners adopted the Agency’s finding concerning the proposed North Interchange Area by adopting Resolution No. 375 on July 28, 2014; WHEREAS, the Rexburg City Council, by Resolution No. 2014-16, dated August 20, 2014, declared the North Interchange Area described in the 2014 Eligibility Report to be a deteriorated or deteriorating area as defined by Chapters 20 and 29, Title 50, Idaho Code, as amended, that such area is appropriate for an urban renewal project, that both the Sugar City’s City Council and the Madison County Board of County Commissioners adopted the necessary resolutions and directed the Agency to commence preparation of an urban renewal plan; WHEREAS, preparation of the urban renewal plan was delayed in order to obtain the required property owner consents for agricultural property included within the North Interchange Area; WHEREAS, during that time it further become apparent that additional property adjacent and contiguous to the North Interchange Area, as described in the 2014 Eligibility Report, may be deteriorating or deteriorated and should be examined as to whether such area is eligible for urban renewal planning purposes; WHEREAS, the Agency, during 2015, authorized the Consultant and Richard Horner, the Agency Chairman, to review such additional areas within unincorporated Madison County and Rexburg adjacent and contiguous to the North Interchange Area and requested preparation of a supplemental eligibility report for such areas; WHEREAS, the Agency obtained The North Interchange Area Urban Renewal Supplemental Eligibility Report, dated June 4, 2015 (the “2015 Supplemental Eligibility Report”), which examined additional property within unincorporated Madison County and Rexburg that is adjacent and contiguous to the North Interchange Area as described in the 2014 Eligibility Report, for the purposes of determining whether such areas are deteriorating areas or deteriorated areas as defined by Idaho Code Sections 50-2018(9) an 50-2903(8); WHEREAS, the Agency accepted the 2015 Supplemental Eligibility Report by way of Resolution No. 2015-2 at the June 4, 2015, meeting of the Agency Board; WHEREAS, the proposed additional areas adjacent and contiguous to the North Interchange Area as described in the 2015 Supplemental Eligibility Report included certain properties within unincorporated Madison County; WHEREAS, the Madison County Board of County Commissioners was asked to adopt a resolution finding the need for an urban renewal project for the proposed additional areas adjacent and contiguous to the North Interchange Area; WHEREAS the Madison County Board of County Commissioners adopted the Agency’s findings concerning the proposed additional areas adjacent and contiguous to the North Interchange Area as set forth in the 2015 Supplemental Eligibility Report by adopting Resolution No. 392 on June 15, 2015; WHEREAS, on June 17, 2015, the Rexburg City Council passed Resolution 2015-10 determining the North Interchange Area to be deteriorated or deteriorating and directed the Agency to prepare an urban renewal plan for the North Interchange Area; WHEREAS, the Agency Board on September 3, 2015, passed Resolution 2015-4 proposing the North Interchange Urban Renewal Plan; WHEREAS, the Agency, by letter of transmittal dated September 29, 2015, submitted the North Interchange Urban Renewal Plan to the Mayor and Rexburg City Council; WHEREAS, the Mayor and Rexburg City Council are taking the necessary action to process the North Interchange Urban Renewal Plan; WHEREAS, appropriate notice of the North Interchange Urban Renewal Plan and revenue allocation provision contained therein has been given to the taxing districts and the public as required by Idaho Code Section 50-2906; WHEREAS, after notice duly published, the Rexburg City Council at its regular meeting to be held on November 4, 2015, will hold a public hearing and will consider the North Interchange Urban Renewal Plan as proposed; WHEREAS, Idaho Code Section 50-2906(3)(b), requires an agreement between Rexburg and Madison County, governing administration of a revenue allocation financing provision for any area extending beyond Rexburg’s municipal boundary and located within the County, and such agreement must be formalized by a transfer of power ordinance adopted by the County; WHEREAS, there are certain properties within the North Interchange Urban Renewal Plan area which extend beyond Rexburg’s municipal boundaries and into the County, which properties are more particularly described and depicted on Exhibit 1 [DRAFTING NOTE – need to create the Exhibit] attached hereto and incorporated herein by reference; WHEREAS, under the Act and Law the County may establish an urban renewal agency and adopt an urban renewal plan for an area under its jurisdiction which meets the criteria and eligibility defined under the Law and Act; WHEREAS, the Rexburg City Council and Board of County Commissioners desire to enter into this Agreement to avoid any uncertainty regarding Rexburg’s jurisdiction and authority (acting through its duly organized and constituted urban renewal agency), to implement the North Interchange Urban Renewal Plan concerning those properties which are outside Rexburg’s municipal limits and within the County; WHEREAS, the Rexburg City Council and Board of County Commissioners deem it in their collective best interests to enter into this Agreement covering said properties and assuring compliance with the Act and Law, Idaho Code Sections 50-2906(3)(b) and 50-2018(18) respectively; NOW, THEREFORE, it is mutually agreed as follows: AGREEMENT 1. PURPOSE OF AGREEMENT The purpose of this Agreement is to detail the duties, roles, and responsibilities to be provided by the parties with respect to compliance with the Act and Law, Idaho Code Sections 50-2906(3)(b) and 50-2018(18) respectively;. 2. GENERAL PROVISIONS Madison County does hereby agree that Rexburg shall have the right, power, authority, and obligation to administer the Law, Act and particularly the revenue allocation financing provisions of the North Interchange Urban Renewal Plan for that certain property which is contained within the boundaries of the revenue allocation area as defined in the Act and North Interchange Urban Renewal Plan, which property extends beyond Rexburg’s municipal boundary and into the County. The property governed by this Agreement is described, defined, and depicted on Exhibit 1 of this Agreement. The County, by passing Resolution Nos. 375 and 392, has declared the need for urban renewal activity in the area which extends beyond Rexburg’s municipal boundaries and into the County. By agreeing to the administration of this property by Rexburg for the limited purposes of implementing the North Interchange Urban Renewal Plan, County agrees all revenue allocation proceeds generated from such property shall be available to the Agency for all purposes authorized under the Act and the North Interchange Urban Renewal Plan. Rexburg (through its urban renewal agency) shall administer the revenue allocation provision affecting this property as allowed under the Act and the North Interchange Urban Renewal Plan. Additionally, the County acknowledges the North Interchange Plan will be reviewed by the Rexburg Planning & Zoning Commission for the North Interchange Plan’s conformity with the general plan for the development of Rexburg as a whole. The County defers to the Rexburg Planning & Zoning Commission’s review and recommendations solely with regard to implementing and carrying out the North Interchange Plan. County shall approve this Agreement by the adoption of a transfer of power ordinance and Rexburg shall approve this Agreement by the adoption of a duly authorized resolution. Upon approval and adoption of the ordinance and resolution referenced above, Rexburg shall take the necessary steps through the Rexburg City Clerk to transmit a copy of the County Transfer of Power Ordinance to the County Auditor, County Assessor, the County Recorder, the other taxing districts of the revenue allocation area, and the Idaho State Tax Commission. 3. SPECIAL PROVISIONS A. Appointment of County Commissioner. In consideration of this Agreement, Rexburg City Council consents to the appointment of a Madison County Commissioner to the Board of Directors of the Rexburg Urban Renewal Agency. Such appointment shall be achieved through the process set forth in the Law, i.e., appointment of the Commissioner by the Mayor of Rexburg with the advice and consent of the Rexburg City Council; unless through resignation or otherwise, a vacancy exists in that position before the expiration of the term, in which case replacement shall be made by the Agency Board as allowed by Idaho Code Section 50-2006(b)(2). B. Public Improvements. In consideration of this Agreement, County hereby consents to those certain public improvements identified in the North Interchange Urban Renewal Plan which may be acquired, constructed or installed on certain rights-of-way not within the Rexburg limits or rights-of-way owned in trust, by the County, including [Drafting Note – consider specifically identifying a few roadways]. 4. EFFECTIVE TERM This Agreement shall be deemed effective upon the execution of this Agreement by both Board of County Commissioners and Rexburg City Council and shall remain in effect for the duration of the North Interchange Urban Renewal Plan. This Agreement shall be of no further force and effect as it relates to any parcel or parcels described in Exhibit 1 upon those properties or portions of those properties then being included within the municipal boundaries of Rexburg, currently, or through Rexburg’s annexation process. 5. MODIFICATION This Agreement may be modified or amended in writing if executed by both County and Rexburg. 6. ENTIRE AGREEMENT Except as provided otherwise herein, this Agreement and any attachments hereto constitute the entire Agreement between the parties concerning the subject matter hereto. IN WITNESS WHEREOF, County and Rexburg have executed this Agreement by proper persons thereunto duly authorized as of the date first hereinabove written. COUNTY: BOARD OF MADISON COUNTY COMMISSIONERS By ___________________________________________ Kimber Ricks, Chairman ATTEST: ________________________________________ Kim Muir, Madison County Clerk CITY: CITY OF REXBURG, IDAHO By ____________________________________________ Richard S. Woodland, Mayor ATTEST: ______________________________________ Blair D. Kay, Rexburg City Clerk