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SUMMARY OF ORDINANCE NO. 1292
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REXBURG, IDAHO, IMMEDIATELY TERMINATING THE REVENUE ALLOCATION AREA FOR THE NORTH HIGHWAY PROJECT AREA, AS AMENDED; REQUIRING DISTRIBUTION OF ANY NON-OBLIGATED SURPLUS DE-TERMINED TO EXIST AS OF SEPTEMBER 30, 2022, PUR-SUANT TO SECTION 50-2909, IDAHO CODE; AUTHORIZ-ING THE CITY CLERK OR URBAN RENEWAL AGENCY OF REXBURG, IDAHO, ALSO KNOWN AS THE REXBURG RE-DEVELOPMENT AGENCY, TO FILE THE ORDINANCE, TO-GETHER WITH THE BOUNDARY MAP, WITH THE OFFICE OF THE COUNTY RECORDER, THE COUNTY ASSESSOR, AND THE IDAHO STATE TAX COMMISSION AS PROVIDED IN SECTION 63-215, IDAHO CODE; PROVIDING THAT A COPY OF THIS ORDINANCE SHALL BE GIVEN TO EACH OF THE TAXING ENTITIES AFFECTED BY SAID REVENUE ALLOCATION AREA; APPROVING THE SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG, IDAHO:
Section 1: That the above statements are true and correct.
Section 2: That the revenue allocation area contained in the North Highway Plan, as more particularly shown in Attachment 2, is hereby terminated, consistent with the termination provi-sions set forth in the Act.
Section 3: That the tax year 2022 revenues from the incre-ment value as levied upon within the revenue allocation area are not needed for the payment of any Agency indebtedness or Agency projects to be completed before September 30, 2022.
Section 4: That Agency has determined there are not any non-obligated surplus funds to be remitted to the County Trea-surer prior to the end of the Agency’s 2022 fiscal year on or before September 30, 2022. That any non-obligated surplus funds deemed by the Agency to exist will be remitted to the County Treasurer following the final accounting of the Agency’s 2022 fiscal year on or before April 1, 2023, but in any event no later than September 30, 2023, to be distributed to the taxing districts in the same manner and proportion as the most recent distribution to the taxing districts of the taxes on the taxable property located within the revenue allocation area. See I.C. 50-2909(4). Further, any other remaining funds in subsequent fiscal years received by the Agency from delinquent taxes after September 30, 2022, shall be disbursed in the same manner each fiscal year.
Section 5: That a copy of this Ordinance shall be sent to and/or filed with the Madison County Assessor’s Office, the County Auditor/Recorder, and the Idaho State Tax Commission, to-gether with a boundary map, to provide notice of termination of the revenue allocation area in the North Highway Plan by either the City Clerk or Agency representatives.
Section 6: At least one-half, plus one of the City Council members finding good cause, the City Council hereby dispens-es with the rule that this Ordinance be read on three different days; two readings of which shall be in full, and have hereby adopted this Ordinance, having considered it at one reading.
Section 7: That this Ordinance shall be in full force and effect immediately upon its adoption, approval, and publication.
Section 8: The Summary of this Ordinance, a copy of which is attached hereto as Attachment 3, is hereby approved.
Section 9: All ordinances, resolutions, orders, or parts thereof in conflict herewith are hereby repealed, rescinded, and an-nulled.
Section 10: 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 November 2022.APPROVED by the Mayor of the city of Rexburg, Idaho, on this 2nd day of November 2022..
ATTACHMENTS TO THE ORDINANCE
Attachment 1 Agency Resolution No. 2022-4, including as exhibits the Termination Plan setting forth an estimate of re-maining project costs and other administrative fees and costs, together with an estimate of any surplus that may be available for distribution, and a proposed Termination Budget, as subse-quently updated
Attachment 2 Revenue Allocation Area Map
Attachment 3 Ordinance Summary
The full text of Ordinance 1292 is available at the offices of the City Clerk, 35 N. 1st East, Rexburg, Idaho, 83440.
This summary approved by the Rexburg City Council at its meeting of November 2, 2022. s/Jerry MerrillMayorATTEST:s/Deborah LovejoyCity Clerk
I, Stephen Zollinger, City Attorney for the City of Rexburg, declare that in my capacity as City Attorney of the City of Rex-burg, pursuant to Idaho Code Section 50-901A(3) of the Idaho Code as amended, I hereby certify that I have reviewed a copy of the above cited Summary of Ordinance and have found the same to be true and complete and to provide adequate notice to the public of the contents, including the exhibits, of Ordi-nance No. 1292. DATED this 2nd day of November 2022. s/Stephen ZollingerCity AttorneyCity of RexburgPublished: November 11th, 2022 (SJ9140-302779)
CITY OF REXBURG PO BOX 280 REXBURG, ID 83440
BILLING DATE: ACCOUNT NO:
11/07/22 9140
AD #DESCRIPTION START STOP TIMES AMOUNT
11/11/22 11/11/22 1 $185.88SUMMARY OF ORDINANCE302779
AD# 302779AD#
SUMMARY OF ORDINANCE NO. 1292
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REXBURG, IDAHO, IMMEDIATELY TERMINATING THE REVENUE ALLOCATION AREA FOR THE NORTH
HIGHWAY PROJECT AREA, AS AMENDED; REQUIRING
DISTRIBUTION OF ANY NON-OBLIGATED SURPLUS DE-
TERMINED TO EXIST AS OF SEPTEMBER 30, 2022, PUR-
SUANT TO SECTION 50-2909, IDAHO CODE; AUTHORIZ-
ING THE CITY CLERK OR URBAN RENEWAL AGENCY OF
REXBURG, IDAHO, ALSO KNOWN AS THE REXBURG RE-
DEVELOPMENT AGENCY, TO FILE THE ORDINANCE, TO-GETHER WITH THE BOUNDARY MAP, WITH THE OFFICE OF THE COUNTY RECORDER, THE COUNTY ASSESSOR, AND THE IDAHO STATE TAX COMMISSION AS PROVIDED
IN SECTION 63-215, IDAHO CODE; PROVIDING THAT A
COPY OF THIS ORDINANCE SHALL BE GIVEN TO EACH
OF THE TAXING ENTITIES AFFECTED BY SAID REVENUE
ALLOCATION AREA; APPROVING THE SUMMARY OF THE
ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR
AND COUNCIL OF THE CITY OF REXBURG, IDAHO:
Section 1: That the above statements are true and correct.
Section 2: That the revenue allocation area contained in the
North Highway Plan, as more particularly shown in Attachment
2, is hereby terminated, consistent with the termination provi-
sions set forth in the Act.
Section 3: That the tax year 2022 revenues from the incre-
ment value as levied upon within the revenue allocation area
are not needed for the payment of any Agency indebtedness or
Agency projects to be completed before September 30, 2022.
Section 4: That Agency has determined there are not any
non-obligated surplus funds to be remitted to the County Trea-
surer prior to the end of the Agency’s 2022 fiscal year on or
before September 30, 2022. That any non-obligated surplus
funds deemed by the Agency to exist will be remitted to the
County Treasurer following the final accounting of the Agency’s
2022 fiscal year on or before April 1, 2023, but in any event no
later than September 30, 2023, to be distributed to the taxing
districts in the same manner and proportion as the most recent
distribution to the taxing districts of the taxes on the taxable
property located within the revenue allocation area. See I.C.
50-2909(4). Further, any other remaining funds in subsequent
fiscal years received by the Agency from delinquent taxes after
September 30, 2022, shall be disbursed in the same manner
each fiscal year.
Section 5: That a copy of this Ordinance shall be sent to and/
or filed with the Madison County Assessor’s Office, the County
Auditor/Recorder, and the Idaho State Tax Commission, to-
gether with a boundary map, to provide notice of termination of
the revenue allocation area in the North Highway Plan by either
the City Clerk or Agency representatives.
Section 6: At least one-half, plus one of the City Council
members finding good cause, the City Council hereby dispens-
es with the rule that this Ordinance be read on three different
days; two readings of which shall be in full, and have hereby
adopted this Ordinance, having considered it at one reading.
Section 7: That this Ordinance shall be in full force and effect
immediately upon its adoption, approval, and publication.
Section 8: The Summary of this Ordinance, a copy of which is
attached hereto as Attachment 3, is hereby approved.
Section 9: All ordinances, resolutions, orders, or parts thereof
in conflict herewith are hereby repealed, rescinded, and an-
nulled.
Section 10: 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 November 2022.
APPROVED by the Mayor of the city of Rexburg, Idaho, on
this 2nd day of November 2022..
ATTACHMENTS TO THE ORDINANCE
Attachment 1 Agency Resolution No. 2022-4, including as
exhibits the Termination Plan setting forth an estimate of re-
maining project costs and other administrative fees and costs,
together with an estimate of any surplus that may be available
for distribution, and a proposed Termination Budget, as subse-
quently updated
Attachment 2 Revenue Allocation Area Map
Attachment 3 Ordinance Summary
The full text of Ordinance 1292 is available at the offices of
the City Clerk, 35 N. 1st East, Rexburg, Idaho, 83440.
This summary approved by the Rexburg City Council at its
meeting of November 2, 2022.
s/Jerry Merrill
Mayor
ATTEST:s/Deborah Lovejoy
City Clerk
I, Stephen Zollinger, City Attorney for the City of Rexburg,
declare that in my capacity as City Attorney of the City of Rex-
burg, pursuant to Idaho Code Section 50-901A(3) of the Idaho
Code as amended, I hereby certify that I have reviewed a copy
of the above cited Summary of Ordinance and have found the
same to be true and complete and to provide adequate notice
to the public of the contents, including the exhibits, of Ordi-
nance No. 1292.
DATED this 2nd day of November 2022.
s/Stephen Zollinger
City Attorney
City of Rexburg
Published: November 11th, 2022 (SJ9140-302779)