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RESOLUTION NO.2014-12
BY THE COUNCIL: BENFIELD, BUSBY, MANN, MERRILL,
SMITH, WOLFE
A RESOLUTION BY THE REXBURG CITY COUNCIL
DETERMINING A CERTAIN AREA WITHIN THE CITY TO
BE A DETERIORATED OR DETERIORATING AREA AS
DEFINED BY IDAHO CODE SECTIONS 50-2018(9) AND 50-
2903(8); DIRECTING THE URBAN RENEWAL AGENCY OF
REXBURG TO COMMENCE THE PREPARATION OF AN
URBAN RENEWAL PLAN SUBJECT TO CERTAIN
CONDITIONS, WHICH PLAN MAY INCLUDE REVENUE
ALLOCATION PROVISIONS FOR ALL OR PART OF THE
AREA; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Council and Mayor of Rexburg respectively on or about November 6,
1991, adopted and approved a resolution creating the Rexburg Redevelopment Agency (the
"Agency"), authorizing it to transact business and exercise the powers granted by the Idaho
Urban Renewal Law of 1965, as amended, Chapter 20, Title 50, Idaho Code as amended
(hereinafter the "Law"), and the Local Economic Development Act, Chapter 29, Title 50, as
amended (hereinafter the "Act") upon making the findings of necessity required for creating said
Urban Renewal 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 city council adopted its Ordinance
No. 728 on December 27, 1991, approving the North Highway Urban Renewal Plan and making
certain findings;
WHEREAS, the Rexburg City Council, after notice duly published, conducted a public
hearing on the North Highway Amended and Restated Urban Renewal Plan (the "North
Highway Amended and Restated Plan");
WHEREAS, following said public hearing, the City Council adopted its Ordinance
No. 815 on December 30, 1998, approving the North Highway Amended and Restated Plan and
making certain findings;
RESOLUTION NO. 2014-12 - 1
WHEREAS, the Rexburg City Council, after notice duly published, conducted a public
hearing on April 9, 1997, and passed Resolution No. 97.01, finding the Washington School Site
Area as "deteriorated" or "deteriorating area" as defined by Idaho Code Section 50-2018(h), (I)
and 50-2903(b) declaring such area as an urban renewal 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 Rexburg City Council, after notice duly published, conducted a public
hearing on the Washington School Urban Renewal Plan (the "Washington School Urban
Renewal Plan");
WHEREAS, following said public hearing, the City Council adopted its Ordinance
No. 794 on June 3, 1997, approving the Washington School Urban Renewal Plan, and making
certain findings;
WHEREAS, the Rexburg City Council, after notice duly published, conducted a public
hearing on the Second Amended and Restated Urban Renewal Plan, North Highway Urban
Renewal Project, Including South Addition (the "Second Amended and Restated North Highway
Plan");
WHEREAS, following said public hearing, the City Council adopted its Ordinance No.
950 on December 21, 2005, approving the Second Amended and Restated North Highway Plan,
and making certain findings;
WHEREAS, the Rexburg City Council, after notice duly published, conducted a public
hearing on the University Boulevard -South 12th West Urban Renewal Plan ("University
Boulevard Plan");
WHEREAS, following said public hearing, the City Council adopted its Ordinance No.
996 on December 19, 2007, approving the University Boulevard Plan, and making certain
findings;
WHEREAS, the Rexburg City Council, after notice duly published, conducted a public
hearing on the Amended and Restated Downtown District Redevelopment Plan ("Amended and
Restated Downtown Plan");
WHEREAS, following said public hearing, the City Council adopted its Ordinance No.
1035 on December 2, 2009, approving the Amended and Restated Downtown Plan, and making
certain findings;
WHEREAS, based on inquiries and information presented by certain interested parties
and property owners, it has become apparent that additional property within the City may be
deteriorating or deteriorated and should be examined as to whether such an area is eligible for
urban renewal planning purposes;
WHEREAS, the Agency commenced certain discussions concerning examination of the
additional area as appropriate for an urban renewal project;
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WHEREAS, in April 2014, the Agency authorized the commencement of an eligibility
study and preparation of an eligibility report of the area and surrounding properties;
WHEREAS, the Agency has obtained the East 2nd South Area Eligibility Report (the
"Report"), dated June 12, 2014, which examined an area in Rexburg known as the East 2nd
South Area for the purpose of determining whether such areas are deteriorating areas or
deteriorated areas as defined by Idaho Code, Sections 50-2018(9) and 50-2903(8);
WHEREAS, pursuant to Idaho Code Sections 50-2018(9) and 50-2903(8), which lists the
definition of deteriorating and a deteriorated area, many of the conditions necessary to be
present in such an area are found in the East Second South Area, i.e.,
a. substantial number of deteriorated or deteriorating structures;
b. predominance of defective or inadequate street layout;
C. faulty lot layout in relation to size, adequacy, accessibility or usefulness;
d. unsanitary or unsafe conditions;
e. deterioration of site and other improvements;
f. diversity of ownership;
g. tax and special assessment delinquency;
h. defective and unusual conditions of title;
i. existence of conditions which endanger life or property by fire and other causes;
and
j . any combination of such factors.
WHEREAS, the effects of the listed conditions result in economic underdevelopment of
the area, substantially impairs or arrests the sound growth of a municipality, retards the provision
of housing accommodations, constitutes an economic or social liability, and is a menace to the
public health, safety, morals or welfare in it present condition or use.
WHEREAS, the Report, dated June 12, 2014, has been submitted to the Agency, a copy
of which is attached hereto as Exhibit A;
WHEREAS, pursuant to Idaho Code Section 50-2008, an urban renewal project may not
be planned or initiated unless the local governing body has, by resolution, determined such area
to be a deteriorated area or deteriorating area, or combination thereof, and designated such area
as appropriate for an urban renewal project;
WHEREAS, Idaho Code Section 50-2904 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, the Agency, on June 17, 2014, adopted Resolution No. 2014-4 (a copy of
which is attached hereto as Exhibit B) accepting the Report and authorizing the Chairman of the
Agency to transmit the Report to the City Council requesting its consideration for designation of
an urban renewal area and requesting the City Council to direct the Agency to prepare an Urban
Renewal Plan for the East 2nd South Area, which Plan may include a revenue allocation
RESOLUTION NO. 2014-12 - 3
provision as allowed by law;
WHEREAS, it is desirable and in the best public interest that the Agency prepare an
Urban Renewal Plan for the area identified as the East 2nd South Area in the Report located in
the City of Rexburg, County of Madison, State of Idaho;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF REXBURG, IDAHO:
Section 1: That the City Council of Rexburg finds and declares:
(a) That the East 2nd South Area described in the Report is a deteriorated or
deteriorating area existing in Rexburg as defined by Chapters 20 and 29, Title 50, Idaho Code, as
amended;
(b) That there is a need for the Agency, an urban renewal agency, to
function in accordance with the provisions of said Chapters 20 and 29, Title 50, Idaho Code, as
amended, within a designated area for the purpose of establishing an urban renewal plan; and
(c) That the area identified as the East 2nd South Area in the Report is
determined to be a deteriorated or deteriorating area, or a combination thereof, and such area is
designated as appropriate for an urban renewal project.
Section 2: That the Agency commence preparation of an Urban Renewal Plan for
consideration by the Agency Board and, if acceptable, final consideration by the City Council in
compliance with Chapters 20 and 29, Title 50, Idaho Code, as amended.
Section 3: That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED By the Council of the City of Rexburg, Idaho, this 2nd day of July, 2014.
APPROVED By the Mayor of the City of Rexburg, Idaho, this 2nd day of July, 2014.
APPROVED:
/A S. OODLAND, MAYOR
ATTEST:
BLAIR D. KAY, CITY CLE
4818-4208-6938, v. 1
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