Details for CITY OF TWIN FALLS legals - Ad from 2020-01-10

CITY OF TWIN FALLS
SUMMARY OF ORDINANCE NO. 2019-015
AN ORDINANCE OF THE CITY OF TWIN FALLS, IDAHO,
APPROVING THE URBAN RENEWAL PLAN FOR THE
WASHINGTON STREET SOUTH 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 AND OTHER
TAXING ENTITIES; 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 TWIN FALLS:
SECTION 1: It is hereby found and determined that:
(a) The Project Area, as defined in the Washington Street South 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, development and redevelopment
of the urban renewal area pursuant to the Washington Street
South 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 Washington Street South Plan conforms to the
Comprehensive Plan.
(e) The Washington Street South Plan gives due consideration to the
provision of adequate park and recreation areas and facilities that
may be desirable for neighborhood improvement (recognizing
the industrial and commercial components of the Washington
Street South 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 Washington Street South Plan.
(f)
The Washington Street South Plan affords maximum opportunity
consistent with the sound needs of the City, as a whole, for the
rehabilitation, development and redevelopment of the urban
renewal area by private enterprises.
(g) Pursuant to Idaho Code §§ 50-2007(h) and 50-2008(d)(1), the
Washington Street South 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 Existing Project Areas and the Washington
Street South Project Area do not exceed ten percent (10%) of the
assessed values of all the taxable property in the City.
(i)
The Washington Street South Plan includes the requirements set
out in Idaho Code § 50-2905 with specificity.
(j)
The Washington Street South 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
not include any agricultural operations for which the Agency has
not received written consents, or which has not been used for
agricultural purposes for three (3) consecutive years.
(l)
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.
SECTION 2: The City Council finds that the Project Area has a
substantial portion of open land, that the Agency may acquire any
open land within the Project Area, but does not intend to do so on any
widespread basis, and that the Project Area is planned to be developed
and/or redeveloped in a manner that will include nonresidential uses.
The City Council finds that for the portions of the Project Area deemed
to be “open land,” the criteria set forth in the Law and Act have been
met.
SECTION 3: The City Council finds that the Washington Street
South Plan meets the sound needs of the City and will provide
opportunities in an area that does not now contain such opportunities,
and the portion of the Project Area which is identified for nonresidential
uses is necessary and appropriate to facilitate the proper growth and
development standards in accordance with the objectives of the City’s
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 4: The Washington Street South 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 City Council, the Deputy City Clerk and/or the
Agency may make certain technical corrections or revisions in keeping
with the information and testimony presented at the December 16,
2019, hearing and incorporate changes or modifications, if any.
SECTION 5: No direct or collateral action challenging the
Washington Street South 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 Washington
Street South Plan.
SECTION 6: Upon the effective date of this Ordinance, the
Deputy City Clerk is authorized and directed to transmit to the County
Auditor and Tax Assessor of Twin Falls County and to the appropriate
officials of Twin Falls County Board of County Commissioners, City
of Twin Falls, Twin Falls Highway District, Twin Falls School District
No. 411, Twin Falls Ambulance, Mosquito Abatement District, College
of Southern Idaho, 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 City Council hereby finds and declares that the
Revenue Allocation Area as defined in the Washington Street South
Plan, the equalized assessed valuation of which the City Council hereby
determines is in and is part of the Washington Street South Plan, is
likely to increase as a result of the initiation and completion of urban
renewal projects pursuant to the Washington Street South Plan.
SECTION 8: The City Council hereby approves and adopts the
following statement policy relating to the appointment of City 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 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
Washington Street South Plan, the City 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 City 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 City Council will not modify the
Washington Street South Plan in a manner that would result in a reset
of the base assessment value for the year immediately following the
year in which the modification occurs to include the current year’s
equalized assessed value of the taxable property 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, 2020, 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
December 16, 2019
SIGNED BY THE MAYOR
December 17, 2019
EXHIBITS TO THE ORDINANCE
Exhibit 1 Findings of the Planning and Zoning Commission for the City
of Twin Falls, Validating Conformity of the Urban Renewal
Plan for the Washington Street South Urban Renewal Project
with the City of Twin Falls’ Comprehensive Plan
Exhibit 2 Notice Published in the Times News
Exhibit 3 Urban Renewal Plan for the Washington Street South Urban
Renewal Project
Exhibit 4 Ordinance Summary
SUMMARY OF WASHINGTON STREET SOUTH PLAN
The Urban Renewal Plan for the Washington Street South Urban
Renewal Project (“Washington Street South Plan”) was prepared by the
Urban Renewal Agency of the City of Twin Falls, Idaho aka the Twin
Falls 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 applicable laws and
ordinances and was approved by the Agency. The Washington Street
South Plan provides for the Agency to undertake urban renewal projects
pursuant to the Law and the Act. The Washington Street South 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, 2020, to be
allocated to the Agency for the urban renewal purposes.
The general scope and objectives of the Plan are:
a.
The engineering, design, installation, construction, and/or
reconstruction of storm water management infrastructure to
support compliance with federal, state and local regulations for
storm water discharge and to support private development;
b.
The provision for participation by property owners and developers
within the Project Area to achieve the economic development
objectives of this Plan;
c.
The engineering, design, installation, construction, and/
or reconstruction of streets, including but not limited to
improvements and upgrades to Diamond Avenue West,
Washington Street South, Park Avenue, and Highland Avenue,
and related pedestrian facilities, intersection improvements and
traffic signals;
d.
The engineering, design, installation, construction, and/or
reconstruction of utilities (within and outside of the Project Area)
including but not limited to improvements and upgrades to the
water distribution system, booster system upgrades, water
capacity improvements, water storage upgrades, sewer system
improvements and upgrades, construction and/or reconstruction
of pretreatment facilities, and improvements and upgrades to
power and gas facilities. Construction of utilities outside of the
Project Area are directly related to the growth and development
within the Project Area, but cannot be sited within the Project
Area, and include sewer main improvements along Grandview Dr.
and Filer Ave. to increase capacity; a waterline extension project
to loop the system around a portion of the Project Area; and
improvements to the Wills Booster Station to increase capacity
through pump acquisition and installation;
e.
Removal, burying, or relocation of overhead utilities; removal
or relocation of underground utilities; extension of electrical
distribution lines and transformers; improvement of irrigation
and drainage ditches and laterals; addition of fiber optic lines
or other communication systems; parking facilities, and other
public improvements, including but not limited to, fire protection
systems, roadways, curbs, gutters, and streetscapes, which for
purposes of this Plan, the term streetscapes includes sidewalks,
lighting, landscaping, benches, bike racks, public art and similar
amenities between the curb and right-of-way line; and other
public improvements, including public open spaces that may be
deemed appropriate by the Board;
f.
The acquisition of real property for public right-of-way
improvements, pedestrian facilities, utility undergrounding
and streetscape improvements to create development
opportunities consistent with the Plan, including but not limited
to future disposition to qualified developers and for qualified
developments, including economic development;
g.
The disposition of real property through a competitive process
in accordance with this Plan, Idaho law, including Idaho Code §
50-2011, and any disposition policies adopted by the Agency;
h.
The demolition or removal of certain buildings and/or
improvements for public rights-of-way, pedestrian facilities, utility
undergrounding and streetscape improvements to encourage
and enhance transportation and mobility options, decrease
underutilized parcels, to eliminate unhealthful, unsanitary, or
unsafe conditions, eliminate obsolete or other uses detrimental to
the public welfare or otherwise to remove or to prevent the spread
of deteriorating or deteriorated conditions;
i.
The management of any property acquired by and under the
ownership and control of the Agency;
j.
The development or redevelopment of land by private enterprise
or public agencies for uses in accordance with this Plan;
k.
The construction and financial support of infrastructure
necessary for the provision of improved transit and alternative
transportation;
l.
The provision of financial and other assistance to encourage and
attract business enterprise including but not limited to start-ups
and microbusinesses, mid-sized companies and large-scale
corporations and industries;
m. The rehabilitation of structures and improvements by present
owners, their successors, and the Agency;
n.
The preparation and assembly of adequate sites for the
development and construction of facilities for commercial,
industrial and governmental use;
o.
To the extent allowed by law, lend or invest federal funds to
facilitate development and/or redevelopment;
p.
The environmental assessment and remediation of brownfield
sites, or sites where environmental conditions detrimental to
development and/or redevelopment exist;
q.
In collaboration with property owners and other stakeholders,
working with the City to amend zoning regulations (if necessary)
and standards and guidelines for the design of streetscape,
multi-use pathways, parks and open space, and other like public
spaces applicable to the Project Area as needed to support
implementation of this Plan;
r.
The construction and financial support of infrastructure necessary
for the provision of improved transit and mobility systems,
including alternative forms of transportation;
s.
In conjunction with the City, the establishment and
implementation of performance criteria to assure high site design
standards and environmental quality and other design elements
which provide unity and integrity to the entire Project Area,
including commitment of funds for planning studies, achieving
high standards of development, and leveraging such development
to achieve public objectives and efficient use of scarce resources;
and
t.
Other related improvements to those set forth above as further
set forth in Attachment 5.
Any such land uses as described in the Plan will be in conformance
with zoning for the City of Twin Falls and the Twin Falls Comprehensive
Plan, Grow With Us, as adopted by the City Council, or as may
be applicable. 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 90 acres of land, excluding
public rights-of-way, and is located primarily in the south-central
part of the City and consists of parcels adjacent or in close
proximity to a major north/ south arterial, Washington Street
South, also designated as Idaho State Highway 74. The Project
Area generally includes parcels west of Washington Street South
and south of Diamond Avenue West. The Project Area is more
particularly described as follows:
TOWNSHIP 10 SOUTH RANGE 17 EAST, BOISE MERIDIAN,
TWIN FALLS COUNTY, IDAHO,
SECTION 20: A parcel of land located in the NE¼ of said Section
20 and more particularly described as follows:
Beginning at the Northeast (NE) Corner of said Section 20 (Which
lies North 00°26’47” East a distance of 2703.31 feet from the East

(E1/4) Quarter Corner of same section.) Thence South 00°26’47”
West for a distance of 618.20 feet; Thence North 89°13’46” West
for a distance of 10.00 feet to the center line of Washington Street
South and the TRUE POINT OF BEGINNING;
Thence Southerly along the center line of Washington Street
South, South 00°26’47” West a distance of 729.48 feet;
Thence continuing along center line of Washington Street South,
South 00°52’28” East for a distance of 433.80 feet;
Thence continuing along center line of Washington Street South,
South 00°26’47” West a distance of 922.00 feet;
Thence North 88°59’09” West a distance of 2638.13 feet to the
West Boundary of the NE¼;
Thence continuing along the West boundary of the NE¼, North
00°22’57” East for a distance of 1346.71 feet;
Thence South 89°05’22” East for a distance of 1319.79 feet;
Thence North 00°24’39” East a distance of 730.46 feet to the
North Right of Way of Diamond Avenue;
Thence continuing along the North Right of Way of Diamond
Avenue South 89°13’40” East for a distance of 1310.22 feet to the
TRUE POINT OF BEGINNING:
The Project Area is also depicted in the map below.

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 401 discusses the type of land uses authorized in the
Project Area.
Section 408 describes design guidelines for development.
Section 500 outlines the general description of the proposed
financing methods. The Agency is authorized to finance the Project
with revenue allocation funds, financial assistance from the City (loans,
grants, other financial assistance), state of Idaho, federal government
or other public entities, interest income, developer advanced funds,
donations, loans from private financial institutions (bonds, notes, line
of credit), the lease or sale of Agency-owned property, public parking
revenue, or any other available source, public or private, including
assistance from any taxing district or any public entity.
The Agency adopts revenue allocation financing provisions
authorized by the Act retroactively to January 1, 2020. The Agency
specifically finds that the equalized assessed valuation of property
within the Project Area is likely to increase as a result of the initiation
of the Project. The Agency is authorized to apply all or any portion
of the revenues allocated to the Agency pursuant to the Act to pay
as costs are incurred (pay-as-you-go) or to pledge all or any portion
of such revenues to the repayment of any moneys advance-funded
by developers or owners, borrowed, indebtedness incurred, or notes
or bonds issued by the Agency to finance or to refinance the Project
Costs (as defined in Idaho Code § 50-2903(14)) of one or more urban
renewal projects.
Project costs include engineering, design, installation,
construction and/or reconstruction of street improvements, water and
sewer improvements, and other public improvement costs (within
and outside of the Project Area). The assessed valuation of real and
personal property on the base assessment roll is still available for use
by the other taxing districts, Twin Falls County, City of Twin Falls,
Twin Falls Highway District, Twin Falls School District No. 411,
Twin Falls Ambulance, Mosquito Abatement District, and College of
Southern Idaho to finance their operations. The Washington Street
South Plan authorizes the Agency to sell revenue bonds to finance
project costs, developer and/or public entity reimbursement and
to use annual revenue allocations to pay the debt service and/or
reimbursement obligations.
The program outlined in the Washington Street South Plan
emphasizes the installation of needed public improvements, street
improvements, utility work, and other costs to encourage private
development.
Attachment 5.2, the Economic Feasibility Study, as supported
by Attachments 5.1, 5.3, 5.4 and 5.5, which constitutes the financial
analysis required by the Act and is based upon existing information
from property owners, developers, the Agency, City and others. Costs
and revenues are analyzed, and the analysis shows the need for public
capital funds during the project. Multiple financing sources including
annual revenue allocations, developer contributions, city contributions,
interfund loan are shown. The Study identifies the kind, number, and
location of all proposed public works or improvements, a detailed list
of estimated project costs, a description of the methods of financing
illustrating project costs, and the time when related costs or monetary
obligations are to be incurred. Based on these funding sources, the
Study concludes that the project is feasible.
The Washington Street South Plan follows the underlying zoning
classifications of the city of Twin Falls.
Sections 600 and 700 describe cooperative activities by the
Agency with the City to carry out the Washington Street South Plan.
The duration of the Washington Street South Plan is for twenty
(20) years, recognizing revenue allocation proceeds will be received
in the following year, as contemplated by Idaho Code § 50-2905(7).
A termination process is described in Section 800 of the Washington
Street South Plan. The Agency is required to prepare an annual report
each year describing its activities during the previous year.
ATTACHMENTS TO THE WASHINGTON STREET SOUTH PLAN
Attachment 1
Boundary Map of Washington Street South Urban
Renewal Project Area and Revenue Allocation
Area
Attachment 2
Legal Description of Washington Street South
Urban Renewal Project Area and Revenue
Allocation Area
Attachment 3
Properties Which May be Acquired by the Agency
Attachment 4
Map Depicting Expected Land Uses and Current
Zoning Map of the Project Area
Attachment 5.1
Public Improvements within the Revenue
Allocation Area
Attachment 5.2
Economic Feasibility Study
Attachment 5.3
Revenue Allocation Estimates
Attachment 5.4
Cash Flow Analysis
Attachment 5.5
Maps Showing Proposed Location of Certain
Public Improvements in the Project Area
Attachment 6
Agricultural Operation Consents
The full text of the Ordinance 2019-015 is available at the offices
of the City Clerk, 203 Main Avenue East Twin Falls, Idaho 83301.
This summary is approved by the Twin Falls City Council at its
meeting of December 16, 2019.
Mayor Shawn Barigar
ATTEST:
Leila A. Sanchez
Deputy City Clerk
I, Shayne Nope, City Attorney for the City of Twin Falls, Idaho,
hereby declare and certify that in my capacity as City Attorney of
the city of Twin Falls, 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. 2019-015.
DATED this 17th day of December 2019.
Shayne Nope, City Attorney
Twin Falls, Idaho
PUBLISH: January 10, 2020

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