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HomeMy WebLinkAboutResolution 2008 - 18 West 2nd South Eligibility and Urban Renewal HemmingsC( _ C'Y OF ° REXBURG Anwriras 7Eanil,y Community ''_I SO JTION NO. 2008 — 18 Instrument # 348546 REXBURG, MADISON, IDAHO BY THE COUNCIL: 9-5-2008 11:07:00 No. of Pages: 18 Recorded for: CITY OF REXBURry ERICKSON, MANN, SCHWENDIMAN, MARILYN R. RASMUSSE F : 0.00 STEVENS, STOUT, WOODLAND Ex-Officio Recorder Dep ty 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 Council"), 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 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), now codified as Idaho Code Section 50-2018(8) and (9) and 50-2903(8) respectively, 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 City Council, after notice duly published, conducted a public hearing on the Washington School Urban Renewal Plan; RESOLUTION NO. 2008 - 18 - 1 \\rexI\Engineering\_SHARED FOLDER\Customer Services\Resolutions\_Resolutions\2008\Resolution 2008 - 18 West 2nd South URBAN RENEWAL HEMMINGS.doc 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 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; WHEREAS, the Rexburg City Council, after notice duly published, conducted a public hearing on the Downtown District Redevelopment Plan (the "Downtown Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 910, on December 17, 2003, approving the 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 urban Renewal Plan, North Highway Urban Renewal Project, Including South Addition (the "Second Amended and Restated Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 950, on December 21, 2005, approving the Second Amended and Restated Plan; WHEREAS, the Rexburg City Council, after notice duly published, conducted a public Hearing on the University Boulevard -South 12th West Urban Renewal Plan (the "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; WHEREAS, 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, in May 2008, requested Harlan W. Mann, Real Estate Consultant ("Consultant"), to review an area in downtown Rexburg in an area known as the West 2nd South Urban Renewal Project Area and to prepare an eligibility report for the areas; WHEREAS, the Agency has obtained the West 2nd South Area Eligibility Report (the "Report"), dated July 22, 2008, which examined an area in Rexburg known as the West 2nd South Area (the "West 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); RESOLUTION NO. 2008 - 18 - 2 \\rexl\Engineering\_SHARED FOLDER\Customer Services\Resolutions\_Resolutions\2008\Resolution 2008 - 18 West 2nd South URBAN RENEWAL HEMMINGS.doc 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 South Arterial 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 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 July 22, 2008, 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 August 14, 2008, adopted Resolution No. 2008 — 3 (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 West 2nd South Area, which Plan may include a revenue allocation 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 West 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: RESOLUTION NO. 2008 - 18 - 3 \\rexI\Engineering\_SHARED FOLDER\Customer Services\Resolutions\_ResoI utions\2008\Resolution 2008 - 18 West 2nd South URBAN RENEWAL HEMMINGS.doc Section 1: That the City Council of Rexburg finds and declares: (a) That the West 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 West 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 3rd day of September, 2008. APPROVED By the Mayor of the City of Rexburg, Idaho, this 3rd day of September, 2008. APPROVED: SHAWN LARSEN, NrAYOR ATTEST: t BLAIR D. KAY, CITY CLE119 RESOLUTION NO. 2008 - 18 - 4 \\rexl\Engineering\_SHARED FOLDER\Customer Services\Resolutions\_Resolutions\2008\Resolution 2008 - 18 West 2nd South URBAN RENEWAL HEMMINGS.doc "Exhibit A" WEST 2ND SOUTH AREA URBAN RENEWAL ELIGIBILITY REPORT PREPARED FOR THE REXBURG REDEVELOPMENT AGENCY BY HARLAN W. MANN CONSULTANT July 22, 2008 Z:\—Resolutions\2008\Resolution 2008 - 18 West 2nd South Eligibility Report HWM 07-21-08.doc WEST 2ND SOUTH AREA URBAN RENEWAL ELIGIBILITY REPORT BACKGROUND Preparation of this report was authorized by the Rexburg Redevelopment Agency ("Agency") in May 2008. This report will provide the technical support for the first step in planning an urban renewal project. That first step is a policy decision by the Mayor and City Council to designate a specific area as deteriorated or deteriorating and to authorize preparation of an urban renewal plan for that area or as an amendment to the existing Downtown Urban Renewal Plan. An area immediately south of South 1st West between South 1st West and South 2nd West is the focus of this proposed renewal area. It is generally bounded by West 1 st South on the North, South Ist West on the east, the properties front on West 2nd South on the South, and South 2nd West on the west. Idaho Code Section 50-2008(a) states: An urban renewal project for an urban renewal area shall not be planned or initiated unless the local governing body has, by resolution, determined such area to be a deteriorated area or a deteriorating area or a combination thereof and designated such area as appropriate for an urban renewal project. As previously discussed, Step One in planning a new renewal project is a resolution by the Rexburg City Council ("City Council") making certain findings about a specific geographic area. This resolution would also authorize the Agency to prepare an urban renewal plan for the area. The attached definitions of deteriorating area and urban renewal project are very pertinent to this step and are the focus of this report. WEST 2ND SOUTH AREA ELIGIBILITY REPORT PREPARED FOR REXBURG REDEVELOPMENTGENCY - 1 Step Two in the renewal planning process is action by the Agency to prepare an urban renewal plan and recommend its approval to the City Council. Said plan could be freestanding or an amendment to the existing Downtown Urban Renewal Plan. The City Council initiates Step Three by referring the plan to the Planning and Zoning Commission and setting a public hearing on the plan. Step Three is completed by a Planning and Zoning Commission finding that the urban renewal plan conforms to the City's Comprehensive Plan. Step Four is the adoption of a City Council ordinance approving the plan, after a public hearing. DISCUSSION This report focuses on whether the West 2nd South area, as previously described and as outlined on the attached map, qualifies as a deteriorating area pursuant to Idaho Code Section 50- 2018(9) and as a deteriorated area pursuant to Section 50-2903(8)(b) under virtually identical definitions. A copy of this joint definition is attached. The first statutory reference is from the basic urban renewal statute, while the second comes from the Local Economic Development Act. The report will also discuss why the area is appropriate for an urban renewal project. A. Present Conditions The attached definition of deteriorating area and deteriorated area [Idaho Code §§ 50-2018(9) and 50-2903(8)(b)] lists ten different conditions that may be present in such an area, with the tenth being the catch-all "any combination of such factors." The presence of these conditions was documented by a field trip on June 11 and 12, 2008, contacts with various City and County officials, and assessor file information. Then the area and its public infrastructure were evaluated, and the numbers that correspond to the applicable characteristics in the definition were placed at the appropriate locations on the attached map. This is the same process that was followed for the other urban renewal project areas in Rexburg. WEST 2ND SOUTH AREA ELIGIBILITY REPORT PREPARED FOR REXBURG REDEVELOPMENTGENCY - 2 B. Deteriorating/Deteriorated Area Characteristics The following is a listing of conditions found in the areas by their corresponding numbers in the definition and a brief explanation of that condition and how it was evaluated and identified: 1. (1) A substantial number of deteriorated or deteriorating structures. There are a number of structures in the West 2nd South area since the entire area has been previously developed. Currently the predominant land use in the one -block plus is single-family residential. There are several commercial buildings at corner locations, three apartment buildings, and church parking lot. Most of the single family structures are rentals and are older. A group of 25 parcels had an average assessed value of $125,268. In general, the properties appear to be well - maintained, especially at the street frontages on South 1 st West and South 2nd West. However, when you review all the structures from the rear, there are more signs of deterioration. Besides the signs of physical deterioration seen in the structures, there is also an age factor to consider. Estimates from a large property owner in the area show 10 of 17 structures to be 60 to 100 years old. There were three in the 60's, four in the 70's, two in the 80's and one at 100. Clearly there are a substantial number of deteriorated or deteriorating structures in the area. If you define a deteriorated structure as one that has reached the end of its useful life and needs to be torn down, then I saw no deteriorated structures but many deteriorating ones. Therefore, the number "1" is placed at several locations on each of the applicable street frontages in the area to indicate the presence of a substantial number of deteriorating structures. 2. (2) Predominance of defective or inadequate street la out. The West 2nd South area has the standard street layout found elsewhere in downtown Rexburg. It is not considered defective or inadequate. WEST 2ND SOUTH AREA ELIGIBILITY REPORT PREPARED FOR REXBURG REDEVELOPMENTGENCY - 3 3. (3) Fault layout in relation to size, adequacy, accessibility, or usefulness. The West 2nd South area consists of mostly small single-family residential parcels. As such, these lots are too small and inadequate for new mixed -use development. Therefore, the number "3" placed at several locations in the area indicates the presence of this characteristic. 4. (4) Insanitary or unsafe conditions. There are several conditions existing within the proposed renewal area that apply to this characteristic. Typical insanitary conditions include excessive amounts of junk, trash, and weeds in violation of City sanitation codes. Another insanitary condition occurs in areas that lack sanitary sewers or where the sanitary sewer system has insufficient capacity. Neither of these conditions applies to the West 2nd South area. The West 2nd South area has several unsafe conditions. The City Public Works staff reports that the current street lighting system is limited to intersections and is inadequate for the planned future commercial uses. Therefore, the number "4SL" is placed on each of the streets in the area to indicate that unsafe condition. Another unsafe condition exists at the intersection of South 2nd West and West 2nd where the traffic signal needs to be upgraded to handle increased traffic. 5. (5) Deterioration of site and other improvements. Site improvements include parking lots, fences, and landscaping areas, basically things other than structures that make up a developed property. The term "other improvements" is the place where public improvements such as streets, sidewalks, curbs, gutters, bridges, storm drains, parks, water mains, sanitary sewers, and public facilities such as swimming pools and public buildings are included. When the number 5 appears on the map in a street right-of-way it denotes those streets are deteriorated. West 2nd South and South 1 st West have this designation because of their condition. 6. (6) Diversity of ownership. Typically this characteristic is present when an area that needs to be redeveloped because of older, rundown buildings is divided into a number of different ownerships. It could also occur where existing businesses are hindered in expanding WEST 2ND SOUTH AREA ELIGIBILITY REPORT PREPARED FOR REXBURG REDEVELOPMENTGENCY - 4 because of the number of adjacent property ownerships. Multiple ownerships are more difficult for developers to assemble. Most of the properties in the West 2nd South area have been acquired by one owner, so this characteristic does not apply 7. (7) Tax and special assessment delinquency exceeding the fair value of the land. This characteristic does not apply to the West 2nd South area. 8. (8) Defective and unusual conditions of title. These conditions have not been found in the West 2nd South area. 9. (9) The existence of conditions which endanger life or property by fire and other causes. The primary focus of this characteristic is inadequate fire protection facilities, particularly water mains to serve projected new development and to provide improved service to existing apartments south of the Site. The existing water mains in West 1 st South need to be upgraded to solve this problem. Therefore, a number "917" appears on the map in that street to indicate a lack of adequate fire protection facilities. 10. (10) Any combination of such factors. This number is placed at locations where two or more of the other characteristics are present. D. Effects of Present Conditions 1. (a) Results in economic underdevelopment of the area. Field review and aerial photography confirm the current underdeveloped status of the area, largely in single-family residential. 2. (b) Substantially impairs or arrests the sound growth of a municipality. The West 2nd South area has experienced slower growth than many other areas of the community. More public infrastructure is needed to serve the expanded higher density future development in the area. When the City is unable to meet infrastructure needs over an extended period of time, there is less incentive for the private sector to invest in new development. Thus, the sound growth of the City is adversely affected. WEST 2ND SOUTH AREA ELIGIBILITY REPORT PREPARED FOR REXBURG REDEVELOPMENTGENCY - 5 3. (c) Retards the provision of housing accommodations or (d) constitutes an economic or social liability. With the exception of the three apartment buildings, the properties in this area are producing minimal property taxes. In addition, when the public infrastructure serving an area is inadequate, that also causes a problem for the city. Therefore, such areas tend to become an economic liability for the city. 4. (e) And is a menace to the public health, safety, morals, or welfare in its present condition or use. The previous discussion established that this area has had slow growth and, as a result, has become a modest economic liability. In addition, the inadequate fire protection facilities create a safety problem in the area. Accordingly, these conditions represent a menace or threat to the public welfare or prosperity and safety of the community. E. Appropriateness of the Area for an Urban Renewal Project The second part of the City Council's determination is the policy decision of whether or not the area is appropriate for an urban renewal project. Note that part of the definition of an urban renewal project includes, "undertakings and activities of a municipality in an urban renewal area for the elimination of deteriorated and deteriorating areas." This area has public infrastructure problems, and a recent development proposal for the area identified the need for a public parking structure to serve higher density development. Such a parking structure could be built by the city if funds were available. Preparation and approval of an urban renewal plan for the area would give the city an additional resource, revenue allocation financing, to help solve the public financing problem for a public parking structure in the area. Other Idaho cities have used revenue allocation financing for public parking facilities, including structures. In effect, property taxes generated by new development within the area could be used by the Redevelopment Agency to finance the needed public improvements and facilities to WEST 2ND SOUTH AREA ELIGIBILITY REPORT PREPARED FOR REXBURG REDEVELOPMENTGENCY - 6 encourage more development. Finally, the new developments would also generate additional jobs that would, in turn, benefit residents of the community. CONCLUSION This report concludes that the West 2nd South area described in this report is a deteriorating and deteriorated area characterized by inadequate public infrastructure and is appropriate for an urban renewal project. Attachments WEST 2ND SOUTH AREA ELIGIBILITY REPORT PREPARED FOR REXBURG REDEVELOPMENTGENCY - 7 DEFINITION OF DETERIORATING AREA, IDAHO CODE § 50-2018(9) AND DETERIORATED AREA, IDAHO CODE § 50-2903(8)(b) A deteriorating or deteriorated area is any area which by reason of the presence of (1) a substantial number of deteriorated or deteriorating structures; (2) predominance of defective or inadequate street layout; (3) faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (4) insanitary or unsafe conditions; (5) deterioration of site or other improvements; (6) diversity of ownership; (7) tax or special assessment delinquency exceeding the fair value of the land; (8) defective or unusual conditions of title; (9) the existence of conditions which endanger life or property by fire and other causes; or (10) any combination of such factors, (a) (results in economic underdevelopment of the area);' (b) substantially impairs or arrests the sound growth of a municipality; (c) retards the provision of housing accommodations; or (d) constitutes an economic or social liability; and (e) is a menace to the public health, safety, morals, or welfare in its present condition or use; provided, that if such deteriorating area consists of open land the conditions contained in the proviso in Idaho Code Section 50-2008(d) shall apply.2 Provided, however, this definition shall not apply to any agricultural operation, as defined in Section 22-4502(1), Idaho Code, 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.3 'This appears only in the revenue allocation statute. 2This appears only in the urban renewal statute. 'This proviso was added to the urban renewal statute in 2006 by House Bill 735, as amended. Z:\—Resolutions\2008\Resolution 2008 - 18 West 2nd South Eligibility Report HWM 07-21-08.doc DEFINITION OF URBAN RENEWAL PROJECT, IDAHO CODE § 50-2018(10) "Urban renewal project" may include undertakings and activities of a municipality in an urban renewal area for the elimination of deteriorated or deteriorating areas and for the prevention of the development or spread of slums and blight, and may involve slum clearance and redevelopment in an urban renewal area, or rehabilitation or conservation in an urban renewal area, or any combination or part thereof in accordance with an urban renewal plan. Such undertakings and activities may include: (a) acquisition of a deteriorated area or a deteriorating area or portion thereof, (b) demolition and removal of buildings and improvements; (c) installation, construction, or reconstruction of streets, utilities, parks, playgrounds, off-street parking facilities, public facilities or buildings and other improvements necessary for carrying out in the urban renewal area the urban renewal objectives of this act in accordance with the urban renewal plan; (d) disposition of any property acquired in the urban renewal area (including sale, initial leasing or retention by the agency itself) at its fair value for uses in accordance with the urban renewal plan except for disposition of property to another public body; (e) carrying out plans for a program of voluntary or compulsory repair and rehabilitation of building or other improvements in accordance with the urban renewal plan; (f) acquisition of real property in the urban renewal area which, under the urban renewal plan, is to be repaired or rehabilitated for dwelling use or related facilities, repair or rehabilitation of the structures for guidance purposes, and resale of the property; (g) acquisition of any other real property in the urban renewal area where necessary to eliminate unhealthful, insanitary or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or to prevent the spread of blight or deterioration, or to provide land for needed public facilities; (h) lending or investing federal funds; and (i) construction of foundations, platforms and other like structural forms. Z:\ Resolutions\2008\Resolution 2008 - 18 West 2nd South Eligibility Report HWM 07-21-08.doc "Exhibit B" M!',SOLUTION NO, 2008-3 A RESOLUTION OF THE REXBURG URBAN RENEWAL AGENCY, THE URBAN RENEWAL AGENCY OF THE CITY OF REXBURG, IDA HO, ACCEPTING THAT CERTAIN REPORT ON ELIGIBILITY FOR CERTAIN PROPERTY REFERRED TO AS THE WEST 2ND SOUTH AREA AS AN URBAN RENEWAL AREA AND REVENUE ALLOCATION AREA AND JUSTIFICATION FOR DESIGNATING THE AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AUTHORIZING THE CHAIRMAN OR ADMINISTRATOR TO TRANSMIT THE REPORT AND THIS RESOLUTION TO THE CITY COUNCIL OF THE CITY OF REXBURG REQUESTING ITS CONSIDERATION FOR DESIGNATION OF AN URBAN RENEWAL AREA AND SEEKING FURTHER DIRECTION FROM THE COUNCIL; AND PROVIDING AN EFFECTIVE DATE. THIS RESOLUTION, made on the date hereinafter set forth by the Rexburg Urban Renewal Agency, an independent public body corporate and politic, authorized under the authority of 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 20, Title 50, as amended (hereinafter the AAct@), a duly created and functioning urban renewal agency for Rexburg, Idaho, hereinafter referred to as the "Agency." WHEREAS, by Resolution dated November 6, 1991, the City of Rexburg created an urban renewal agency, pursuant to Chapter 20, Title 50 Idaho Code; WHEREAS, the City Council of the City of Rexburg, Idaho, after notice duly published, conducted a public hearing on the North Highway Urban Renewal Project pursuant to the North Highway Urban Renewal 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; WHEREAS, following said public hearing, the City Council adopted its Ordinance RESOLUTION NO. 2008-3 - 1 LALoan ProjectslludytRFXBLJrZC)\55Reso Elgbty Rpt accept.doc No. 815 on December 30, 1998, approving the North Highway Amended. and Restated Plan and making certain findings; 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), (1) and 50-2903(b) declaring such area as an urban renewal area, malting the necessary findings as required by Idaho Code Section 50-2008(a) and authorizing the Agency to prepare an urban reiievslal plan; WHEREAS, the Rexburg City Council, after notice duly published, conducted a public hearing on the Washington School Urban Renewal Plan; WHEREAS, following said public bearing, 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 Restaffed North Highway Plan, and malting certain findings; WHEREAS, the Rexburg City Council, after notice duly published, conducted a public hearing on the University Boulevard -South 12t" 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 malting certain Endings; 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; RESOLUTION NO. 2008-3 - 2 LAI.oan Prc,iects\.I"dy\Rf XBI.1RCi1551leso Mgt,ty Rpc accept.doc WHEREAS, in May 2008, the Agency authorized the commencement of an eligibility study and preparation of an. eligibility report of the Site and surrounding; properties; WHEREAS, the Agency has obtained an eligibility report (the AReport@), which examined an area. in downtown Rexburg in in area known as the West 2nd South Urban. Renewal Project Area for the purpose of determining whether such area was a deteriorating area and deteriorated area as defined by Idaho Code Sections 50-201.8(9) and 50-2903(8); WHEREAS, the Report, dated July 22, 2008, has been submitted to the Agency, a copy of which is attached hereto as Exhibit A; WHEREAS, pursuant to Idalio 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 50-2906, 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; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE R.EXBURG URBAN RENEWAL AGENCY, REXBURG, IDAHO: Section 1. That the above statements are true and. correct. Section 2. That there are one or more areas within the City of Rexburg which are deteriorating or deteriorated areas as defined by Idaho Code, Sections 50-2018(9) and 50-2903(8). Section 3. That one such area is an area which includes property generally bounded by West l st South on the North., South l st West on the east, the properties fronting West 2nd South on the South, and South 2nd West on the west, now commonly referred to as the West 2nd South Area. Section 4. That the rehabilitation, conservation, and redevelopment, or a combination thereof, of such area is necessary in the interest of the public health, safety, and welfare of the residents of the City. Section 5_ Based on the July 22, 2008, West 2nd South Area Urban Renewal Eligibility Report of the Area, the Agency makes the findings that.: RESOLUTION NO. 2008-3 - 3 L AL..oun ProjectsUucly\RLxF3URG\551%so Elgbty Rpt accept.doc The area is determined to be a deteriorating area as defined by Idaho Code, Section 50-2018(9) and a. deteriorated area as defined by Idaho Code, Section 50-2903(8); b. The area is determined to be appropriate for an urban renewal project. Section 6, That the Chairman of the Board of Directors or Administrator is hereby authorized to transmit the Report to the City of Rexburg City Council requesting that the Council: a. Determine whether the area identified in the Report qualifies as an urban renewal project and justification for designating the area, as appropriate, for an urban renewal project; b. It such designation is made, whether the Agency should proceed with the preparation of an Urban Renewal Plait for the area, which Plan may include a revenue allocation provision. as allowed by law. Section 7. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED by the Rexburg Urban Renewal Agency of Rexburg, :Idaho, on August 14, 2008. Signed by the Chairman of the Board of Commissioners, and attested by the Secretary to the Board of Commissioners, on August 1.4, 2008. REXBURG URBAN RENEWAL AGENCY By_ — -2- _'o Glen Por d,Chairman. ATTEST: By Jon eber, Secretary RESOLUTION NO. 2008-3 - 4 t :\Loan Projccts�ludy\ItF..XBI.1RCI\55Rcso Glgbty Rpt accept.doc