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HomeMy WebLinkAboutOrd 1134 Urban Renewal North Interchange 2015 (2).pdfORDINANCE – North Interchange Plan - 1 ORDINANCE NO. 1134 BY THE COUNCIL: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REXBURG, IDAHO, APPROVING THE URBAN RENEWAL PLAN FOR THE NORTH INTERCHANGE URBAN RENEWAL PROJECT, 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. WHEREAS, the City Council and Mayor of the city of Rexburg respectively on or about November 6, 1991, adopted and approved a resolution creating the urban renewal agency for the city of Rexburg, also known as the Rexburg Redevelopment Agency (the “Agency”), authorizing the Agency 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 the Agency; 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 Rexburg City Council adopted 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 Rexburg City Council adopted Ordinance No. 815 on December 30, 1998, approving the North Highway Amended and Restated Plan and making certain findings; ORDINANCE – North Interchange Plan - 2 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 Rexburg City Council adopted 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 Rexburg City Council adopted 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 Rexburg City Council adopted 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 Rexburg City Council adopted Ordinance No. 1035 on December 2, 2009, approving the Amended and Restated Downtown Plan, and making certain findings; WHEREAS, the Rexburg City Council, after notice duly published, conducted a public hearing on the Second Amended and Restated Downtown District Redevelopment Plan, Downtown Urban Renewal Project (the “Second Amended and Restated Downtown Plan”); WHEREAS, following said public hearing, the Rexburg City Council adopted Ordinance No. 1123 on November 5, 2014, approving the Second Amended and Restated Downtown Plan, and making certain findings; WHEREAS, the above referenced plans and project areas are collectively referred to as the Project Areas; ORDINANCE – North Interchange Plan - 3 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, based on inquiries and information presented by certain interested parties and property owners, it became apparent that additional property within the City or outside the City limits may be deteriorating or deteriorated and should be examined as to whether such area was 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, also known as 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 an 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 the City 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 ORDINANCE – North Interchange Plan - 4 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 City Council and the Madison County Board of County Commissioners for purposes of obtaining resolutions determining such areas outside the boundaries of the City 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 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 proposed 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 the City 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 ORDINANCE – North Interchange Plan - 5 certain properties within Sugar City and certain properties within unincorporated Madison County; WHEREAS, the 2014 Eligibility Report was submitted to the Sugar City City Council and the Madison County Board of County Commissioners, and both the Madison County Board of County Commissioners and the Sugar City 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 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 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 as mandated by the Law and the Act; WHEREAS, during the delay, it further became 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 was 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 the City 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 the City 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); ORDINANCE – North Interchange Plan - 6 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 include 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, the Rexburg City Council, on June 17, 2015, adopted Resolution No. 2015-10 accepting the 2015 Supplemental Eligibility Report; WHEREAS, the Mayor and Rexburg City Council considered the steps set forth by the Act and Law, accepting the 2015 Supplemental Eligibility Report finding the area set forth in the 2015 Supplemental Eligibility 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 2015; WHEREAS, the Agency has prepared a proposed Urban Renewal Plan for the North Interchange Urban Renewal Project (the “North Interchange Plan”) for the area designated as eligible for urban renewal planning; WHEREAS, the proposed North Interchange Plan also contains the provisions of revenue allocation financing as allowed by the Act; ORDINANCE – North Interchange Plan - 7 WHEREAS, the Agency Board considered all comment and information submitted to the Agency during several Board meetings and the Board meeting held on September 3, 2015; WHEREAS, on September 3, 2015, the Agency Board passed Resolution No. 2015-4 proposing and recommending the approval of the North Interchange Plan; WHEREAS, the Agency has, by letter of transmittal dated September 29, 2015, submitted the North Interchange Plan to the Mayor and City; WHEREAS, the Mayor and City Clerk have taken the necessary action to process the North Interchange Plan; WHEREAS, pursuant to the Law, the city of Rexburg Planning and Zoning Commission considered the North Interchange Plan and its compliance with the City of Rexburg Vision 2020 Comprehensive Plan on October 15, 2015, and forwarded its findings to the Rexburg City Council, a copy of which is attached hereto as Exhibit 1; WHEREAS, notice of the public hearing of the North Interchange Plan was caused to be published by the City Clerk in the Standard Journal on October 2 and 16, 2015, a copy of said notice being attached hereto as Exhibit 2; WHEREAS, as of October 5, 2015, the North Interchange Plan was submitted to the affected taxing entities, available to the public, and under consideration by the Rexburg City Council; WHEREAS, that an agreement on administration of a revenue allocation financing provision extending beyond the municipal boundary of the City has been negotiated with the Madison County Board of County Commissioners, specifically the Intergovernmental Agreement for Roles and Responsibilities Under Idaho Code Section 50-2906, and that the Agreement has been formalized by a transfer of power ordinance adopted by the Madison County Board of County Commissioners. A copy of the transfer of power ordinance, Madison County Ordinance No. 403, is attached hereto as Exhibit 3; WHEREAS, that an agreement on administration of a revenue allocation financing provision extending beyond the municipal boundary of the City has been negotiated with the Sugar City City Council, specifically the Intergovernmental Agreement for Roles and Responsibilities Under Idaho Code Section 50-2906, and that the Agreement has been formalized by a resolution adopted by the Sugar City City Council. A copy of the resolution, Sugar City Resolution No. 2015 - 6, is attached hereto as Exhibit 4; WHEREAS, the Rexburg City Council during its regular meeting of November 4, 2015, has approved the Intergovernmental Agreement for Roles and Responsibilities Under Idaho Code Section 50-2906 with Sugar City by adopting Resolution No. 2015 - 13 and has approved the Intergovernmental Agreement for Roles and Responsibilities ORDINANCE – North Interchange Plan - 8 Under Idaho Code Section 50-2906 with Madison County by adopting Resolution No. 2015 - 14. Copies of Rexburg City Council Resolution Nos. 2015 - 13 and 2015 - 14 are attached hereto as Exhibit 5; WHEREAS, the Rexburg City Council during its regular meeting of November 4, 2015, held such public hearing; WHEREAS, as required by Idaho Code sections 50-2905 and 50-2906, the North Interchange 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 4, 2015, 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) a statement 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, 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 North Interchange Plan authorizes certain projects to be financed by revenue allocation bonds, or loans, and proceeds from revenue allocation; WHEREAS, appropriate notice of the North Interchange 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 North Interchange Plan, including revenue allocation financing provisions, since revenue allocation will help finance urban renewal projects to be completed in accordance with the North Interchange 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 ORDINANCE – North Interchange Plan - 9 public purposes of the Agency; WHEREAS, the Rexburg City Council finds that the equalized assessed valuation of the taxable property in the North Interchange 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 North Interchange 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 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, under the Act a deteriorated area includes any area which is predominantly open and which, because of obsolete platting, diversity of ownership, deterioration of structures or improvements, or otherwise, results in economic underdevelopment of the area, or substantially impairs or arrests the sound growth of a municipality; ORDINANCE – North Interchange Plan - 10 WHEREAS, under the Law and the Act, specifically sections 50-2018(9) and 50- 2903(8)(f), a deteriorating area may not include an agricultural operation as defined in Idaho Code section 22-4502(1) absent the consent of the owner of the agricultural operation except for an agricultural operation that has not been used for three (3) consecutive years; WHEREAS, the Agency has received written consents concerning certain property within the urban renewal area, which may have been deemed an agricultural operation as stated above. A true and correct copy of the agricultural consents are included as Attachment 11 to the North Interchange Plan; WHEREAS, the collective base assessment roll for the revenue allocation areas under the existing Project Areas, and the new North Interchange Plan cannot exceed ten percent (10%) of the assessed value of the City; WHEREAS, the Rexburg City Council at its regular meeting held on November 4, 2015, considered the North Interchange 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 North Interchange Project Area as defined in the North Interchange 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 North Interchange 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 North Interchange Plan conforms to the City of Rexburg 2020 Comprehensive Plan. (e) The North Interchange 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 North Interchange 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 North Interchange Plan. (f) The North Interchange Plan affords maximum opportunity consistent with ORDINANCE – North Interchange Plan - 11 the sound needs of the City as a whole for the rehabilitation and redevelopment of the urban renewal area by private enterprises. (g) The North Interchange Plan provides a feasible method for relocation of any displaced families residing within the North Interchange Project Area. (h) The collective base assessment roll for the existing revenue allocation areas and the new North Interchange Plan do not exceed ten percent (10%) of the assessed value of the City. (i) The North Interchange Plan includes the requirements set out in Idaho Code § 50-2905. (j) The North Interchange 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. (k) The urban renewal area, which includes the deteriorating area, as defined in Idaho Code section 50-2018(9), does not include any agricultural operation for which the Agency has not received a written consent, or has not been used for agricultural purposes for three (3) consecutive years. SECTION 2: The Rexburg City Council finds that the North Interchange Project Area consists of predominantly open land, that the Agency does not intend to acquire any open land on any widespread basis, and that the North Interchange Project Area is planned to be redeveloped in a manner that will include nonresidential uses. Provided, however, the Rexburg City Council finds that if portions of the North Interchange Project Area are deemed “open land,” the criteria set forth in the Law and Act has been met. SECTION 3: The Rexburg City Council finds that the North Interchange 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 North Interchange Plan, a copy of which is attached hereto and marked as Exhibit 6 and made a part hereof by attachment, be, and the same hereby is, approved. As directed by the Rexburg City Council, the City Clerk and/or the Agency may make certain technical corrections or revisions in keeping with the information and ORDINANCE – North Interchange Plan - 12 testimony presented at the November 4, 2015, hearing, and incorporate changes or modifications, if any. SECTION 5: As required by Idaho Code §§ 50-2906(3)(b) and 50-2907(2), and as further defined above, the Madison County Board of County Commissioners and the City have entered into an Agreement on administration of a revenue allocation financing provision extending beyond the municipal boundary of the City and the Agreement has been formalized by a transfer of power ordinance adopted by the Madison County Board of County Commissioners in Madison County Ordinance No. 403 (attached hereto as Exhibit 3), and by Rexburg City Council Resolution No. 2015 - 14 (attached hereto as Exhibit 5). SECTION 6: As contemplated by Idaho Code §§ 50-2906(3)(b) and 50-2907(2), and as further defined above, the Sugar City City Council and the City have entered into an Agreement, acknowledged by the Madison County Board of County Commissioners, on administration of a revenue allocation financing provision extending beyond the municipal boundary of the City and the Agreement has been formalized by a resolution adopted by the Sugar City City Council in Sugar City Resolution No. 2015 - 6 (attached hereto as Exhibit 4), and by Rexburg City Council Resolution No. 2015 - 13 (attached hereto as Exhibit 5). SECTION 7: No direct or collateral action challenging the North Interchange 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 North Interchange Plan. SECTION 8: 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, Madison County Fire, city of Sugar City, Sugar-Salem School #322, Sugar City Cemetery, Sugar-Salem Library, and the State Tax Commission a copy of this Ordinance, a copy of the legal description of the boundaries of the North Interchange Revenue Allocation Area, and a map or plat indicating the boundaries of the North Interchange Revenue Allocation Area. SECTION 9: The Rexburg City Council hereby finds and declares that the North Interchange Revenue Allocation Area as defined in the North Interchange Plan, the equalized assessed valuation, of which the Rexburg City Council hereby determines is in and is part of the North Interchange Plan, is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the North Interchange Plan. SECTION 10: The Rexburg City Council hereby approves and adopts the following policy statement relating to the appointment of Rexburg City Council members as members of the Agency’s Board of Commissioners: If any Rexburg City Council ORDINANCE – North Interchange Plan - 13 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 Rexburg 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 North Interchange Plan, the Rexburg City Council recognizes that it has no power to control the powers or operations of the Agency. SECTION 11: So long as any Agency bonds, notes, or other obligations are outstanding, the Rexburg City Council will not exercise its power under Idaho Code Section 50-2006 to designate itself as the Agency Board. SECTION 12: This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2015. SECTION 13: 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 14: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 7, is hereby approved. SECTION 15: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 16: 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 2nd day of December 2015. APPROVED by the Mayor of the city of Rexburg, Idaho, on this 2nd day of December 2015. ________________________________ Richard S. Woodland, Mayor ATTEST: ____________________________________ Blair D. Kay, City Clerk Exhibit 1 RESOLUTION OF THE REXBURG PLANNING AND ZONING COMMISSION RELATING TO THE URBAN RENEWAL PLAN FOR THE NORTH INTERCHANGE URBAN RENEWAL PROJECT 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 URBAN RENEWAL PLAN FOR THE NORTH INTERCHANGE URBAN RENEWAL PROJECT OF THE REXBURG URBAN RENEWAL 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 4, 2015, at 7:00 p.m., to consider the Urban Renewal Plan for the North Interchange Urban Renewal Project (“Plan”) of the Rexburg Urban Renewal Agency (“Agency”). The boundaries of the Plan Area are hereinafter described. The boundaries include both urban renewal and revenue allocation areas. The Plan proposes that the Agency undertake urban renewal projects pursuant to the Idaho Urban Renewal Law of 1965 as amended. The Plan proposes to create an urban renewal area commonly referred to as the North Interchange Urban Renewal Project 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, 2015, to be allocated to the Agency for urban renewal purposes. The Agency has adopted and recommended approval of the Plan. The City Council will also be considering the first reading of an Ordinance to adopt the Plan at the November 4, 2015, meeting. The third reading of the Ordinance is scheduled for December 2, 2015, at 7:00 p.m. The general scope and objectives of the Plan are: 1. The acquisition of certain real property (if needed); 2. The 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, enhance 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. The provision for participation by property owners within the Project Area to achieve the objectives of this Plan; 4. The management of any property acquired by and under the ownership and control of the Agency; 5. The provision for relocation assistance to displaced Project Area occupants, as required by law; 6. The installation, construction, or reconstruction of streets and intersections, 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, sidewalks, curbs, gutters, and other public improvements, including public or other community facilities or buildings owned or occupied by the Agency or other public agencies, including the City’s walkways, public open spaces, city hall, courthouse, community centers, cultural centers and visitors or information centers as may be deemed appropriate by the Board; 7. The 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. The rehabilitation of structures and improvements by present owners, their successors, and the Agency; 10. The preparation and assembly of adequate sites for the development and construction of facilities for industrial, commercial, residential, retail, and governmental use; 11. To the extent allowed by law, lend or invest federal funds to facilitate redevelopment; and 12. The 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, commercial, industrial, and other uses contemplated by the Plan, and to provide utilities to the development site. 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 or as applicable zoning for the city of Sugar City, the Comprehensive Plan for the city of Sugar City or applicable zoning for Madison County and the Comprehensive Plan for Madison County. 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 located generally as follows: Description of Project Area and Revenue Allocation Area: This Project Area includes the U.S. Highway 20 and North 2nd East interchange, and is generally bounded on the south by E. Moran View Road, and to the east by South Railroad Avenue. The Project Area consists of approximately [679] acres as more particularly described as follows: 1) All parcels that border North 2nd East from the Highway 20 Interchange on the north, to Moran View Road on the south. 2) All parcels that border Moody Road from 1800 feet west of North 2nd East and east to Railroad Avenue, except for one parcel, the fertilizer plant on the southwest corner of the intersection of Moody Road and Railroad Avenue. 3) All parcels not included above that are between Highway 20 on the north, Railroad Avenue on the east, Moody Road on the south and North 2nd East on the west. 4) The Highways 20 North Rexburg interchange area that borders the above parcels. The project area is also depicted in the map below: The urban renewal project area and revenue allocation area includes certain property outside of the corporate city limits of the city of Rexburg. The city of Sugar City and Madison County have adopted resolutions declaring the need for an urban renewal project for that area. The cities of Rexburg and Sugar City and Madison County shall enter into an intergovernmental agreement concerning implementation of the Plan for properties outside the city limits of the city of Rexburg and within the boundaries of Sugar City or Madison County as may be required by Idaho Code § 50-2906(3)(b). 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 1st 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, 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 29th day of September, 2015. CITY OF REXBURG (((SSSEEEAAALLL))) By__________________________ Blair D. Kay, City Clerk Publish: October 2 and 16, 2015. 4822-1553-3352, v. 1 Exhibit 3 TRANSFER OF POWER ORDINANCE – MADISON COUNTY ORDINANCE NO.: 403 AN ORDINANCE STATING THE PURPOSE FOR ADOPTING AN URBAN RENEWAL AREA WITHIN A PORTION OF THE REXBURG AREA OF CITY IMPACT; ADOPTING FINDINGS ON THE NECESSITY OF THE URBAN RENEWAL PLAN; PROVIDING THE CITY OF REXBURG WITH THE RIGHT, POWER, AUTHORITY, AND OBLIGATION TO ADMINISTER THE URBAN RENEWAL AREA PURSUANT TO CHAPTERS 20 AND 29, TITLE 50, IDAHO CODE, AS AMENDED; GRANTING THE REVENUE ALLOCATION PROCEEDS DERIVED FROM THE REXBURG URBAN RENEWAL AREA LYING WITHIN UNINCORPORATED MADISON COUNTY TO THE REXBURG URBAN RENEWAL AGENCY; ADOPTING THE INTERGOVERNMENTAL AGREEMENT IMPLEMENTING THIS ORDINANCE; ACKNOWLEDGING THE INTERGOVERNMENTAL AGREEMENT BETWEEN SUGAR CITY AND REXBURG CONCERNING THE URBAN RENEWAL PLAN; AND AUTHORIZING THE CHAIRMAN TO SIGN THE AGREEMENTS AND SUCH OTHER AND FURTHER DOCUMENTS AS MAY BE NECESSARY TO CARRY OUT THE INTENT OF THIS ORDINANCE. WHEREAS, that this ordinance is adopted to approve and confirm the duties, roles, and responsibilities of the city of Rexburg, the Rexburg Urban Renewal Agency ("Agency"), and Madison County for that portion of the North Interchange Urban Renewal District lying outside the corporate boundaries of the city of Rexburg as illustrated in Exhibit 1 and to transfer power as provided in Idaho Code §50-2906(3)(b) and the necessary declaration set forth in Idaho Code §50-2018(18). 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 North Interchange Area Urban Renewal Eligibility Report, dated June 10, 2014 (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 City Council and the Madison County Board of County Commissioners, and both the Madison County Board of County Commissioners and the Sugar City 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 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 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, the 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 Homer, 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; BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MADISON COUNTY, IDAHO, AS FOLLOWS: Section 1: The Board of County Commissioners, after reviewing the North Interchange Urban Renewal Plan (the "Plan") delivered to Madison County on October 5, 2015, finds (a) the North Interchange Urban Renewal District is eligible as an urban renewal district under the statutory criteria, (b) the base assessed values of the combined revenue allocation districts within Rexburg will not exceed the statutory limitation of ten percent of the city-wide assessed value, (c) the proposed urban renewal district is financially feasible given the assumptions used in the Plan, (d) the required consents from the owners of agricultural lands within the district have been given, and (e) the city of Rexburg has the authority to proceed with the creation of the North Interchange Urban Renewal District after the adoption of this Ordinance by the Board of Madison County Commissioners. Section 2: The proceeds of revenue allocation from areas lying within the boundaries of the North Interchange Urban Renewal District shall be devoted to the statutory purposes as authorized in the Rexburg North Interchange Urban Renewal District Plan. Section 3: The Intergovernmental Agreement for Roles and Responsibilities Under Idaho Code §50-2906(3)(b) (the "Agreement") (which also supports the County's declaration as required by Idaho Code §50-2018(18) and also set forth in Resolution Nos. 375 and 392), are hereby approved and the Chairman of the Board of Madison County Commissioners is hereby authorized to execute the same, and to execute any further documents necessary to carry out the intent of the Board of Madison County Commissioners as expressed in this Ordinance and in the Agreement. Section 4: The Rexburg City Council and the Sugar City City Council also intend to enter into an Intergovernmental Agreement for Roles and Responsibilities Under Idaho Code § 50-2906(3)(b) concerning certain property within the North Interchange Urban Renewal District located within the city limits of the city of Sugar City. The Chairman of the Board of Madison County Commissioners is hereby authorized to execute an acknowledgment of that agreement, and to execute any further documents necessary to carry out the intent of the Board of Madison County Commissioners as expressed in this Ordinance and regarding the County's acknowledgment of the agreement between the Rexburg City Council and the Sugar City City Council. Exhibit 4 SUGAR CITY RESOLUTION NO. 2015 – 6 RESOLUTION NO. 2015-6 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SUGAR CITY TO PROVIDE FOR AN INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50- 2906(3)(b) BETWEEN THE CITY OF SUGAR CITY, IDAHO AND THE CITY OF REXBURG, IDAHO; PROVIDING FOR AREAS OUTSIDE THE CITY LIMITS OF THE CITY OF REXBURG AND WITHIN THE CITY LIMITS OF THE CITY OF SUGAR CITY TO BE INCLUDED WITHIN AN URBAN RENEWAL AREA AS SUGAR CITY CONSENTS AND AS ACKNOWLEDGED BY MADISON COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council of the city of Sugar City have the authority (pursuant to Idaho Code §50-302) to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; 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 North Interchange Area Urban Renewal Eligibility Report, dated June 10, 2014 (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 City Council and the Madison County Board of County Commissioners, and both the Madison County Board of County Commissioners and the Sugar City 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 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 bot h the Sugar City 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 Homer, 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 Mayor and Sugar City City Council have deemed it expedient and in the best interests of the city of Sugar City to establish and enter into an Intergovernmental Agreement for Roles and Responsibilities under Idaho Code §50-2906(3)(b), and to confirm its consent under Idaho Code §50-2018(18) between Sugar City and the city of Rexburg. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SUGAR CITY, IDAHO, as follows: Section 1: Pursuant to Idaho Code §50-301, et seq., the Mayor and City Council hereby adopt the Intergovernmental Agreement for Roles and Responsibilities Under Idaho Code §50-2906(3)(b) (the "Agreement"), and to confirm its consent under Idaho Code §50- 2018(18) between the Sugar City City Council and the Rexburg City Council, a copy of the Agreement is attached hereto, and by this reference incorporated herein. A copy of this Resolution and the attached Agreement shall be held on file in the office of the City Clerk. Section 2: This Resolution shall be in full force and effect upon the execution of this Resolution by the Mayor. Exhibit 5 REXBURG CITY COUNCIL RESOLUTION NOS. 2015 - 13 AND 2015 - 14 RESOLUTION NO. 2015 - 13 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF REXBURG TO PROVIDE FOR AN INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b) BETWEEN THE CITY OF SUGAR CITY, IDAHO AND THE CITY OF REXBURG, IDAHO; PROVIDING FOR AREAS OUTSIDE THE CITY LIMITS OF THE CITY OF REXBURG AND WITHIN THE CITY LIMITS OF THE CITY OF SUGAR CITY TO BE INCLUDED WITHIN AN URBAN RENEWAL AREA AS SUGAR CITY CONSENTS AND AS ACKNOWLEDGED BY MADISON COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council of the city of Rexburg have the authority (pursuant to Idaho Code §50-302) to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; 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 North Interchange Area Urban Renewal Eligibility Report, dated June 10, 2014 (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 City Council and the Madison County Board of County Commissioners, and both the Madison County Board of County Commissioners and the Sugar City 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 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 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 Resol ution 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 Mayor and Rexburg City Council have deemed it expedient and in the best interests of the city of Rexburg to establish and enter into an Intergovernmental Agreement for Roles and Responsibilities under Idaho Code §50- 2906(3)(b), and to confirm the consent of the Sugar City City Council and as acknowledged by Madison County Board of County Commissioners under Idaho Code §50-2018(18) between Sugar City and the city of Rexburg. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF REXBURG, IDAHO, as follows: Section 1: Pursuant to Idaho Code §50-301, et seq., the Mayor and City Council hereby adopt the Intergovernmental Agreement for Roles and Responsibilities under Idaho Code §50-2906(3)(b) (the “Agreement”), and to confirm the consent of the Sugar City City Council and as acknowledged by the Madison County Board of County Commissioners under Idaho Code §50-2018(18) between the Sugar City City Council and the Rexburg City Council, a copy of the Agreement is attached hereto, and by this reference incorporated herein. A copy of this Resolution and the attached Agreement shall be held on file in the office of the City Clerk. Section 2: This Resolution shall be in full force and effect upon the execution of this Resolution by the Mayor. PASSED BY THE COUNCIL OF THE CITY OF REXBURG, IDAHO, this day of 4th day of November, 2015. APPROVED BY THE MAYOR OF THE CITY OF REXBURG, IDAHO, this day of 4th day of November, 2015. ____________________________________ Richard S. Woodland, Mayor ATTEST: Blair D. Kay, City Clerk RESOLUTION FOR AN INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE §50-2906(3)(b) - URBAN RENEWAL AREAS OUTSIDE CITY LIMITS - 2 RESOLUTION NO. 2015 - 14 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF REXBURG TO PROVIDE FOR AN INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b) BETWEEN MADISON COUNTY, IDAHO AND THE CITY OF REXBURG, IDAHO; PROVIDING FOR AREAS OUTSIDE THE CITY LIMITS TO BE INCLUDED WITHIN AN URBAN RENEWAL AREA AS THE COUNTY CONSENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council of the city of Rexburg have the authority (pursuant to Idaho Code §50-302) to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; 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 North Interchange Area Urban Renewal Eligibility Report, dated June 10, 2014 (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 City Council and the Madison County Board of County Commissioners, and both the Madison County Board of County Commissioners and the Sugar City 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 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 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 Mayor and City Council have deemed it expedient and in the best interests of the city of Rexburg to establish and enter into an Intergovernmental Agreement for Roles and Responsibilities under Idaho Code §50-2906(3)(b), and to confirm the consent of Madison County under Idaho Code §50-2018(18) between Madison County and the city of Rexburg. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF REXBURG, IDAHO, as follows: Section 1: Pursuant to Idaho Code §50-301, et seq., the Mayor and City Council hereby adopt the Intergovernmental Agreement for Roles and Responsibilities Under Idaho Code §50-2906(3)(b) (the “Agreement”), and to confirm the consent of the Madison County Board of County Commissioners under Idaho Code §50-2018(18) between the Madison County Board of County Commissioners and the Rexburg City Council, a copy of the Agreement is attached hereto, and by this reference incorporated herein. A copy of this Resolution and the attached Agreement shall be held on file in the office of the City Clerk. Section 2: This Resolution shall be in full force and effect upon the execution of this Resolution by the Mayor. PASSED BY THE COUNCIL OF THE CITY OF REXBURG, IDAHO, this 4th day of November, 2015. APPROVED BY THE MAYOR OF THE CITY OF REXBURG, IDAHO, this day 4th day of November, 2015. ____________________________________ Richard S. Woodland, Mayor ATTEST: Blair D. Kay, City Clerk RESOLUTION FOR AN INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE §50-2906(3)(b) - URBAN RENEWAL AREAS OUTSIDE CITY LIMITS - 2 Exhibit 6 NORTH INTERCHANGE PLAN SUMMARY OF ORDINANCE NO. 1134 - 1 Exhibit 7 CITY OF REXBURG SUMMARY OF ORDINANCE NO. 1134 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REXBURG, IDAHO, APPROVING THE URBAN RENEWAL PLAN FOR THE NORTH INTERCHANGE URBAN RENEWAL PROJECT, 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. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG: SECTION 1: It is hereby found and determined that: (a) The North Interchange Project Area as defined in the North Interchange 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 North Interchange 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 North Interchange Plan conforms to the City of Rexburg 2020 Comprehensive Plan. (e) The North Interchange 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 North Interchange 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 North Interchange Plan. (f) The North Interchange 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. SUMMARY OF ORDINANCE NO. 1134 - 2 (g) The North Interchange Plan provides a feasible method for relocation of any displaced families residing within the North Interchange Project Area. (h) The collective base assessment roll for the existing revenue allocation areas and the new North Interchange Plan do not exceed ten percent (10%) of the assessed value of the City. (i) The North Interchange Plan includes the requirements set out in Idaho Code § 50-2905. (j) The North Interchange 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. (k) The urban renewal area, which includes the deteriorating area, as defined in Idaho Code section 50-2018(9), does not include any agricultural operation for which the Agency has not received a written consent, or has not been used for agricultural purposes for three (3) consecutive years. SECTION 2: The Rexburg City Council finds that the North Interchange Project Area consists of predominantly open land, that the Agency does not intend to acquire any open land on any widespread basis, and that the North Interchange Project Area is planned to be redeveloped in a manner that will include nonresidential uses. Provided, however, the Rexburg City Council finds that if portions of the North Interchange Project Area are deemed “open land,” the criteria set forth in the Law and Act has been met. SECTION 3: The Rexburg City Council finds that the North Interchange 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 North Interchange Plan, a copy of which is attached hereto and marked as Exhibit 6 and made a part hereof by attachment, be, and the same hereby is, approved. As directed by the Rexburg 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 4, 2015, hearing, and incorporate changes or modifications, if any. SUMMARY OF ORDINANCE NO. 1134 - 3 SECTION 5: As required by Idaho Code §§ 50-2906(3)(b) and 50-2907(2), and as further defined above, the Madison County Board of County Commissioners and the City have entered into an Agreement on administration of a revenue allocation financing provision extending beyond the municipal boundary of the City and the Agreement has been formalized by a transfer of power ordinance adopted by the Madison County Board of County Commissioners in Madison County Ordinance No. 403 (attached hereto as Exhibit 3), and by Rexburg City Council Resolution No. 2015 - 14 (attached hereto as Exhibit 5). SECTION 6: As contemplated by Idaho Code §§ 50-2906(3)(b) and 50-2907(2), and as further defined above, the Sugar City City Council and the City have entered into an Agreement, acknowledged by the Madison County Board of County Commissioners, on administration of a revenue allocation financing provision extending beyond the municipal boundary of the City and the Agreement has been formalized by a resolution adopted by the Sugar City City Council in Sugar City Resolution No. 2015 - 6 (attached hereto as Exhibit 4), and by Rexburg City Council Resolution No. 2015 - 13 (attached hereto as Exhibit 5). SECTION 7: No direct or collateral action challenging the North Interchange 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 North Interchange Plan. SECTION 8: 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, Madison County Fire, city of Sugar City, Sugar-Salem School #322, Sugar City Cemetery, Sugar-Salem Library, and the State Tax Commission a copy of this Ordinance, a copy of the legal description of the boundaries of the North Interchange Revenue Allocation Area, and a map or plat indicating the boundaries of the North Interchange Revenue Allocation Area. SECTION 9: The Rexburg City Council hereby finds and declares that the North Interchange Revenue Allocation Area as defined in the North Interchange Plan, the equalized assessed valuation, of which the Rexburg City Council hereby determines is in and is part of the North Interchange Plan, is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the North Interchange Plan. SECTION 10: The Rexburg City Council hereby approves and adopts the following policy statement relating to the appointment of Rexburg City Council members as members of the Agency’s Board of Commissioners: If any Rexburg 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 Rexburg City Council, are exercising their independent judgment as private citizens when they sit on SUMMARY OF ORDINANCE NO. 1134 - 4 the Board. Except for the powers to appoint and terminate Board members and to adopt the North Interchange Plan, the Rexburg City Council recognizes that it has no power to control the powers or operations of the Agency. SECTION 11: So long as any Agency bonds, notes, or other obligations are outstanding, the Rexburg City Council will not exercise its power under Idaho Code Section 50-2006 to designate itself as the Agency Board. SECTION 12: This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2015. SECTION 13: 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 14: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 7, is hereby approved. SECTION 15: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 16: 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 2nd day of December 2015. APPROVED by the Mayor of the city of Rexburg, Idaho, on this 2nd day of December 2015. EXHIBITS TO THE ORDINANCE Exhibit 1 Resolution of the Rexburg Planning and Zoning Commission Relating to the Urban Renewal Plan for the North Interchange Urban Renewal Project for the City of Rexburg Exhibit 2 Notice Published in the Standard Journal Exhibit 3 Transfer of Power Ordinance, Madison County Ordinance No. 403 Exhibit 4 Sugar City Resolution No. 2015 - 6 Exhibit 5 Rexburg City Council Resolution Nos. 2015 - 13 and 2015 - 14 Exhibit 6 North Interchange Plan Exhibit 7 Ordinance Summary SUMMARY OF ORDINANCE NO. 1134 - 5 SUMMARY OF NORTH INTERCHANGE PLAN The Urban Renewal Plan for the North Interchange Urban Renewal Project (“Plan”) was prepared by the urban renewal agency of the city of Rexburg, the Rexburg Redevelopment Agency (“Agency”) pursuant to the Law, the Act, the Idaho Constitution, and all applicable laws and ordinances and was approved by the Agency. The Plan provides for the Agency to undertake urban renewal projects pursuant to the Law and Act. The Plan contains a revenue allocation financing provision pursuant to the Act that will cause property taxes related to the North Interchange 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, 2015, to be allocated to the Agency for the urban renewal purposes. The general scope and objectives of the Plan are: 1. The acquisition of certain real property (if needed); 2. The 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, enhance 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. The provision for participation by property owners within the Project Area to achieve the objectives of this Plan; 4. The management of any property acquired by and under the ownership and control of the Agency; 5. The provision for relocation assistance to displaced Project Area occupants, as required by law; 6. The installation, construction, or reconstruction of streets and intersections, 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, sidewalks, curbs, gutters, and other public improvements, including public or other community facilities or buildings owned or occupied by the Agency or other public agencies, including the City’s walkways, public open spaces, city hall, courthouse, community centers, cultural centers and visitors or information centers as may be deemed appropriate by the Board; SUMMARY OF ORDINANCE NO. 1134 - 6 7. The 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. The rehabilitation of structures and improvements by present owners, their successors, and the Agency; 10. The preparation and assembly of adequate sites for the development and construction of facilities for industrial, commercial, residential, retail, and governmental use; 11. To the extent allowed by law, lend or invest federal funds to facilitate redevelopment; and 12. The 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, commercial, industrial, and other uses contemplated by the Plan, and to provide utilities to the development site. Any such land uses as described in the 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 Plan identifies various public and private improvements which may be made within the Project Area. The Project Area herein referred to generally includes the U.S. Highway 20 and North 2nd East interchange, and is generally bounded on the south by E. Moran View Road, and to the east by South Railroad Avenue. The Project Area contains an estimated total of 679 acres. The Project Area is more particularly described as follows: [INSERT LEGAL DESCRIPTION] The Project Area is also depicted in the map below: SUMMARY OF ORDINANCE NO. 1134 - 7 Sections 300 through 313 discuss the proposed redevelopment actions, participation opportunities and agreements, cooperation with public bodies, property acquisition standards and requirements, relocation, demolition, and property disposition. Section 402 discusses the type of land uses authorized in the Project Area. Section 408 describes design guidelines for development. The Plan also contains a major section on financing. Among other sources, the Plan will utilize revenue allocation financing, authorized by the Act. This statute was approved in 1988 by the Idaho Legislature. Section 504 and Attachment 5 discuss revenue allocation financing and show how such financing has worked and would work in the Project Area in the future if certain new private developments occur as estimated. Increases in assessed valuation of real and personal property in the Project Area that occur after January 1, 2015, will generate revenue for the Agency to pay project costs. Project costs include: the purchase of land for public improvements, utility improvements, the improvements to streetscapes, street improvement, improvements to intersections and traffic signals, sidewalks, curb and gutters, street lighting, and other infrastructure cost, which will facilitate development in the revenue allocation area. The assessed valuation of real and personal property on the base assessment roll is still available for use by the other taxing districts, Madison County, city of Rexburg, SUMMARY OF ORDINANCE NO. 1134 - 8 Madison County Road and Bridge, Madison County Library, Madison County Ambulance, Madison County Mosquito Abatement, Rexburg Cemetery, Madison County School #321, Madison County Fire, city of Sugar City, Sugar-Salem School #322, Sugar City Cemetery, Sugar-Salem Library to finance their operations. The Plan authorizes the Agency to sell revenue bonds to finance project costs and to use annual revenue allocations to pay the debt service. The program outlined in the Plan emphasizes the installation of needed public improvements, street improvements, utility work, and other costs to encourage private development. 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 Plan follows the underlying zoning classifications of the city of Rexburg. Sections 600 and 700 describe cooperative activities by the Agency with the City, Madison County and the city of Sugar City. The duration of the Plan is for twenty (20) years. A termination process is described in Section 800 of the Plan. The Agency is required to prepare an annual report each year describing its activities during the previous year. ATTACHMENTS TO THE NORTH INTERCHANGE PLAN Attachment 1 Map of Urban Renewal Project Area and Revenue Allocation Area Attachment 2 Description of Urban Renewal Project Area and Revenue Allocation Area Attachment 3 Private Properties Which May be Acquired by the Agency (Limited to Public Improvements and Facilities) Attachment 4 Map Depicting Expected Land Use and Current Zoning Map of the Project Area Attachment 5 Statement of Proposed Public Improvements, Costs, Revenue, Tax Impacts, and Financing Methods Attachment 5A Estimated Net Taxable Value of New Private Development (Commercial/Residential) Attachment 5B Estimated Annual Revenue Allocations (Economic Feasibility Study) Attachment 5C Estimated Annual Revenues and Costs Attachment 6 Madison County Board of County Commissioners Resolution No. 375 Attachment 7 Sugar City City Council Resolution No. 2014-2 Attachment 8 Rexburg City Council Resolution No. 2014-16 Attachment 9 Madison County Board of County Commissioners Resolution No. 392 Attachment 10 Rexburg City Council Resolution No. 2015-10 Attachment 11 Agricultural Consents, without attachments SUMMARY OF ORDINANCE NO. 1134 - 9 The full text of Ordinance 1134 is available at the offices of the City Clerk, 35 North 1st East, Rexburg, Idaho. This summary is approved by the Rexburg City Council at its meeting of December 2, 2015. ________________________________ 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. 1134. DATED this 2nd day of December 2015. ______________________________ Stephen Zollinger, City Attorney Rexburg, Idaho 4836-0592-9513, v. 2