Details for CITY OF HEYBURN - Ad from 2019-11-29

Exhibit 4 CITY OF HEYBURN SUMMARY OF ORDINANCE NO. 2019-619 AN ORDINANCE OF THE CITY OF HEYBURN, IDAHO, APPROVING THE FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE BOULEVARD URBAN RENEWAL PROJECT, WHICH AMENDED BOULEVARD PLAN SEEKS TO ADD PROJECTS AND SUPPORT GROWTH OF AN EXISTING COMMERCIAL PROJECT, WHICH AMENDED BOULEVARD PLAN INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO TAXING ENTITIES AND COUNTY AND STATE OFFICIALS; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF HEYBURN: SECTION 1: It is hereby found and determined that: (a) The Project Area, as defined in the Amended Boulevard Plan, continues to be 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 Amended Boulevard 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 Amended Boulevard Plan conforms to the City of Heyburn Comprehensive Plan. (e) The Amended Boulevard 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 Amended Boulevard 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 Amended Boulevard Plan. (f) The Amended Boulevard 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. (g) Pursuant to Idaho Code §§ 50-2007(h) and 50-2008(d)(1), the Amended Boulevard Plan provides a feasible method for relocation obligations of any displaced families residing within the Project Area and there is not anticipated to be any activity by the Agency that would result in relocation. (h) The collective base assessment rolls for the revenue allocation areas under the NW Heybum Industrial Plan, the 208 Business Park Plan, and the Amended Boulevard Plan do not exceed ten percent (10%) of the assessed value of the City. (i) The Amended Boulevard Plan adds specificity as contemplated by Idaho Code § 50-2905 with specificity. (j) The Amended Boulevard 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 §§ 50-2018(9) and 50-2903(8)(f), does include agricultural operation for which the Agency has received a written consent, or has been used for agricultural purposes for three (3) consecutive years. (I) The portion of the Project Area which is identified for non-residential uses is necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of the Comprehensive Plan 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. (m) The Amended Boulevard Plan modifies a post-2016 plan and recognizes the provisions of Idaho Code § 50-2903A require establishing the “base value for the year immediately following the year in which the modification occurred shall include the current year’s equalized assessed value of the taxable property in the revenue allocation area.” If the amendment occurs prior to December 31, 2019, the 2019 values should be used. The Amended Boulevard Plan acknowledges the base value may be interpreted as the 2020 values. (n) Because the 2019 values are less than the original 2018 base values, the Amended Boulevard Plan has used the 2018 values in the financial feasibility study. (o) The Amended Boulevard Plan also recognizes Idaho Code § 50-2903A(1)(a)(iv) which states “a plan amendment to support growth of an existing commercial or industrial project in an existing revenue allocation area” does not trigger a modification to the base value. SECTION 2: The Council finds that the Amended Boulevard 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 City of Hey burn Comprehensive Plan 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 3: The Council finds that there is a shortage of housing in the community, thus the Amended Boulevard Plan provides infrastructure support to encourage development of housing within the Project Area. SECTION 4: The Amended Boulevard Plan, a copy of which is attached hereto and marked as Exhibit 3 and made a part hereof by attachment, be, and the same hereby is, approved. As directed by the 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 13, 2019, hearing and incorporate changes or modifications, if any. SECTION 5: No direct or collateral action challenging the Amended Boulevard 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 Amended Boulevard Plan. SECTION 6: Upon the effective date of this Ordinance, the City Clerk is authorized and directed to transmit to the County Auditor and Tax Assessor of Minidoka County and to the appropriate officials of Minidoka County Board of County Commissioners, City of Heyburn, Minidoka School District No. 331, Heyburn Cemetery District No. 3, Minidoka County Fire Protection District, Minidoka Highway District, and the State Tax Commission a copy of this Ordinance, a copy of the legal description of the boundaries of the Revenue Allocation Area, and a map or plat indicating the boundaries of the Project Area. SECTION 7: The Council hereby finds and declares that the Revenue Allocation Area as defined in the existing Boulevard Plan, the equalized assessed valuation of which the Council hereby determines is in and is part of the Amended Boulevard Plan, is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Amended Boulevard Plan. SECTION 8: The Council hereby approves and adopts the following statement policy relating to the appointment of Council members as members of the Agency’s Board of Commissioners: If any 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 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 Amended Boulevard Plan, the Council recognizes that it has no power to control the powers or operations of the Agency. SECTION 9: So long as any Agency bonds, notes or other obligations are outstanding, the Council will not exercise its power under Idaho Code§ 50-2006 to designate itself as the Agency Board. SECTION 10: So long as any Agency bonds, notes or other obligations are outstanding, the Council will not modify the Amended Boulevard Plan in a manner that would result in a reset of the base assessment value to current value in the year modification occurs as further set forth in the Act. SECTION 11: This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2019, to the extent permitted by the Act. SECTION 12: 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 13: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 4, is hereby approved. SECTION 14: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 15: 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 Hey burn, Idaho, on this 13th day of November 2019. APPROVED by the Mayor of the City of Heyburn, Idaho, on this 13th day of November 2019. EXHIBITS TO THE ORDINANCE Exhibit 1 A Resolution of the Planning and Zoning Commission for the City of Heyburn, Idaho, Validating Conformity of the First Amendment to the Urban Renewal Plan for the Boulevard Urban Renewal Project Area with the City of Heyburn’s Comprehensive Plan Exhibit 2 Notice Published in the Times News Exhibit 3 First Amendment to the Urban Renewal Plan for the Boulevard Urban Renewal Project Exhibit 4 Ordinance Summary SUMMARY OF AMENDED BOULEVARD PLAN The First Amendment to the Urban Renewal Plan for the Boulevard Urban Renewal Project (“Amended Boulevard Plan”) was prepared by the urban renewal agency of the city of Heyburn, the Heyburn Urban Renewal Agency (“Agency”) pursuant to the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the “Law”), the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the “Act”), and all applicablelaws and ordinances and was approved by the Agency. The Amended Boulevard Plan provides for the Agency to undertake additional urban renewal projects not specified in the original plan pursuant to the Law and the Act. The Amended Boulevard Plan contains a revenue allocation financing provision pursuant to the Act that will cause property taxes 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, 2019, to be allocated to the Agency for the urban renewal purposes. The Amended Boulevard Plan does not add any geographic area or extend the duration of the Boulevard Plan. The change in base year reflects the impact of Idaho Code § 50-2903A. BACKGROUND Since the adoption in 2018 of the Urban Renewal Plan for the Boulevard Urban Renewal Project Area, as defined below, the scope of private development has been refined and enhanced concerning the potential private redevelopment in the Plan project area (“Project Area”). While the extent of private development and public infrastructure were identified in the Plan, this refinement caused a more thorough analysis of the needed public infrastructure to serve the Project Area, including public infrastructure outside the Project Area. The public infrastructure outside the Project Area includes construction of new frontage road extending beyond the Project Area to 500 W Street to the east and 600 W Street to the west. In addition, upgrades to the city of Heyburn (“City”) sewer treatment facility, which is outside the Project Area, and certain lift stations outside the Project Area are needed to serve the private development. These additional improvements will be funded through a consortium of City, Agency, and developer resources. Any amendment to the Plan, which was adopted after July 1, 2016, may trigger the provisions of ldaho Code § 50-2903A, which could result in a reset of the base value which would delay the receipt of revenue allocation proceeds. This First Amendment to the Plan (“First Amendment”) has assumed Idaho Code § 50-2903A requires establishing “the base value for the year immediately following the year in which the modification occurred shall include the current year’s equalized assessed value of the taxable property in the revenue allocation area,” which should result in using 2019 values. Given the current available information, the 2019 values are less than 2018 values. To provide a more conservative financial analysis, 2018 values are used. Thus, this First Amendment has used the 2018 assessed values as the base value, increases from which revenue allocation funds shall flow to the Agency. In the event there is a formal determination that the base value should use the equalized assessed value in 2020, the financial projections in this First Amendment will be delayed or modified. Idaho Code § 50-2903A provides that in certain instances a modification will not be deemed to have occurred which would require the base reset. One of those instances is stated in Idaho Code § 50-2903A(1)(a)(iv), which states in pertinent part: There is a plan amendment to support growth of an existing commercial or industrial project in an existing revenue allocation area.... The Agency asserts this Amended Boulevard Plan falls within the exception stated above which results in the base value remaining at the 2018 level as set forth in the 2018 Boulevard Plan. Whether 2018 base values or 2019 base values are used, any difference in the revenues ultimately received will be negligible. Any such land uses as described in the Plan will be in conformance with zoning for the city of Hey burn and the City of Hey burn 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 Urban Renewal Project Area and Revenue Allocation Area herein referred to is described as follows: An area consisting of approximately 80 acres of land generally located north of 21st Street, east of South 600 West Road, south of Interstate 84 and west of the development referred to as “McBride Addition”, and as more particularly described as follows: Property located in Township 10 South, Range 23 East, Boise Meridian, Minidoka County, Idaho: Section 9: E1/2SW1/4 SAVE AND EXCEPT that portion deeded to the State of Idaho for Highway purposes, by Deed dated July 1, 1959 recorded July 14, 1959 in Book 36 of Deeds, page 562, Minidoka County records, more particularly described as follows: A strip of land 200.0 feet wide, being 100.0 feet on each side of the following described survey center line of highway as shown on the official plat of lnterstate Project No. I-IG-80N3(3) 206 Highway Survey on file in the office of the Department of Highway of the State of ldaho and lying over and across the NE1/4SW1/4 of Section 9, Township 10 South, Range 23 East, Boise Meridian, Beginning at a point in the West line of the NE1/4SW1/4 of Section 9, Township 10 South, Range 23 East, Boise Meridian coincident with Station 529+30 of the said Highway Survey, Which station is a point on tangent approximately 176.0 feet South from the Northwest corner of said NE1/4SW1/4; thence North 89°51’ East for 1342.0 feet to a point in the East line of said NE1/4SW 1/4 coincident with Station 542+72 of the said Highway Survey, which station is a point on tangent approximately 177.0 feet South from the Northeast corner of said NE1/4SW1/4. SAVE AND EXCEPT a parcel of land being a portion of the right-of-way for 21st Street., Project No. A009(854) 21st Street Reconstruction, as shown on the plans thereof on file in the office of the Idaho Transportation Department, being a portion of the Southeast Quarter of the Southwest Quarter (SE1/4SW1/4) of Section Nine (9), Township Ten (10) South, Range Twenty-Three (23) East, B.M., Minidoka County, Idaho described as follows: Commencing at the Southwest Section Corner of said Section Nine (9), said corner being marked with 5/8” Rebar as shown on Corner Perpetuation and Filing No. 413540 in the records of Minidoka County; thence N89°43’43” E along the South line of said Section Nine (9), a distance of 1329.11 feet to a point being S0°10’19”E 3.70 feet right of Station 33+29.17 of said 21st Street, said point also being the POINT OF BEGINNING; thence leaving said South line of Section Nine (9), N0°8’29” 58.70 feet to a point on the Northerly right-of-way of 21st Street, said point being N0°10’ 19”W 55.00 feet left of Station 33+29.21 of said 21st Street; thence N89°49’41 “E 1066.71 feet along said Northerly right-of-way of 21st Street to a point being N0°10’19”W 55.00 feet left of Station 43+95.92 of 21st Street; thence N89°28’30”E 179.18 feet along said Northerly right-of-way of 21st Street to a point being N1°46’8”E 60.00 feet left of Station 45+73.12 of 21st Street; thence 70.96 feet along a non-tangent curve on said Northerly right-of-way of 21st Street to the left having a radius of 3670.00 feet, a central angle of 1°6’28”, a long chord that bears S88°47’6”E, a chord distance of 70.96 feet to a point being N0°39’40”W 60.00 feet left of Station 46+45.24 of 21st Street; thence leaving said Northerly right-of-way of 21st Street S0°22’20”E 55.80 feet to a point on the South line of Section Nine (9), said point being N0°38’44”E 4.21 feet left of Station 46+46.25 of 21st Street; thence S89°43’43”W 1317.06 feet to the POINT OF BEGINNING The Project Area is also depicted in the map below.

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