HomeMy WebLinkAboutRES 266-19RESOLUTION NO. �1-
RESOLUTION AUTHORIZING THE EXECUTION OF THE INTERGOVERNMENTAL
AGREEMENT FOR ROLES AND RESPONSIBILITIES OF ADMINISTERING
REVENUE ALLOCATION FINANCING PROVISIONS FOR PORTIONS OF THE
CALDWELL NORTH URBAN RENEWAL AREA EXTENDING BEYOND THE
MUNICIPAL BOUNDARIES OF THE CITY OF CALDWELL INTO CANYON COUNTY,
BETWEEN THE CALDWELL URBAN RENEWAL AGENCY, CANYON COUNTY, AND
THE CITY OF CALDWELL.
WHEREAS, the Caldwell Urban Renewal Agency (the "Agency") is proposing a new
urban renewal plan, titled the Caldwell North Urban Renewal Area Plan (the "Plan"); and,
WHEREAS, portions of the proposed revenue allocation area are located outside of the
municipal boundaries of the City of Caldwell, Idaho (the "City"), within Canyon County (the
"County"), and
WHEREAS, the County will declare a need for the extension of the Agency's area of
operation, which extension encompasses the properties contained in the Plan, outside of the
boundaries of the City, due to the deteriorated or deteriorated condition of said property; and,
WHEREAS, the Plan includes a revenue allocation financing provision; and
WHEREAS, Idaho Code § 50-2906 requires that an agreement on administration of a
revenue allocation financing provision extending beyond the municipal boundary of the authorized
municipality be negotiated and formalized by a transfer of power ordinance adopted by this
County; and
WHEREAS, an INTERGOVERNMENTAL AGREEMENT FOR ROLES AND
RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906 has been negotiated between
the Agency, City, and County, and is attached hereto as Exhibit "A".
BE IT HEREBY RESOLVED by the Mayor and Council of the City of Caldwell, Idaho,
that the Caldwell City Council:
1. Approve the execution of the INTERGOVERNMENTAL AGREEMENT FOR
ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906; and
2. Approve the receipt, from the County, of the transfer of all of those powers necessary
under the Urban Renewal Law (Idaho Code § 50-2001, et seq.) and the Local Economic
Development Act (Idaho Code § 50-2901, et seq.) for the carrying out of the
INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES
UNDER IDAHO CODE SECTION 50-2906.
PASSED BY THE COUNCIL of the City of Caldwell, Idaho this 7t' day of October 2019.
APPROVED BY THE MAYOR of the City of Caldwell, Idaho this 7th day of October 2019
Resolution No. - Page 1
ATTEST:
Resolution No. Od. --Page 2
Approved
LIM
GARRET NANCOLAS, Mayor
crk
�.` •.•••..a
0%
�p ✓O'PA � � i
Q • I 0• =
a; b
:n•— ��
• ao ,i rny: oG � Zoo s o;IDAHO
INTERGOVERNMENTAL AGREEMENT FOR ROLES AND
RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906
This Intergovernmental Agreement For Roles And Responsibilities Under Idaho Code
Section 50-2906 (the "Agreement"), made and entered into as of 2019, by and
among CANYON COUNTY, IDAHO, a political subdivision of the State of Idaho (the "County"),
CITY OF CALDWELL, IDAHO, a municipal corporation of the State of Idaho (the "City") and
the URBAN RENEWAL AGENCY FOR THE CITY OF CALDWELL, IDAHO, an urban
renewal agency established under Title 50, Chapter 20, Idaho Code (the "Agency").
WITNESSETH:
WHEREAS, the County is a duly organized and existing county under the laws and the
Constitution of the State of Idaho; and
WHEREAS, the City is a duly organized and existing municipality under the laws and the
Constitution of the State of Idaho; and
WHEREAS, the Agency is a duly organized and existing urban renewal agency under the
laws of the state of Idaho; and
WHEREAS, the City Council, in Resolution No. 208-19, has designated an area as
"deteriorated" and "deteriorating" under Idaho Code Section 50-2018(9) and 50-2903(8), a copy
of said resolution being attached hereto as Exhibit A; and
WHEREAS, the County shall, prior to entering into this Agreement, declared certain areas
of the County to be "deteriorated" or "deteriorating" and declared, accordingly, a need for the area
of operation of the Agency to extend out of the corporate limits of the City and shall send a copy
of said declaration to the City; and
WHEREAS, the Idaho Legislature has enacted the Idaho Urban Renewal Law of 1965,
Chapter 20, Title 50, Idaho Code ("Law") and the Local Economic Development Act, Title 50,
Chapter 29, Idaho Code ("Act") authorizing urban renewal agencies, including the Agency, to
adopt revenue allocation financing provisions as part of their urban renewal plans; and
WHEREAS, the Agency has prepared an urban renewal plan ("Plan") for the Caldwell
North Urban Renewal Area ("CNURA"), a copy of which is attached hereto as Exhibit B,
consistent with the area depicted in Exhibit C, and which Plan contains provisions for a related
revenue allocation financing area geographically identical to the CNURA; and
WHEREAS, the Plan describes various projects which may be developed, acquired or
constructed with financing under the Plan ("Projects"); and
INTERGOVERNMENTAL AGREEMENT — Page 1
WHEREAS, a portion of the CNURA extends past the boundaries of the City and into the
County, as depicted on Exhibit B, attached hereto, and certain of the Projects in the Plan would be
partially located in said area and the County desires to encourage the financing and development
of the said Projects provided certain conditions set forth herein are met; and
WHEREAS, the City, at its October 7th, 2019 meeting, has forwarded this Plan to the
Caldwell Planning & Zoning Commission for review and recommendations as to its conformity
with the general plan for the development of the City as a whole; and
WHEREAS, as required by the Law and the Act, the City has prepared notice to the
general public and the taxing districts of the Plan and the hearing thereon to be held -on November
18th, 2019; and
WHEREAS, the County, acting through its Board of County Commissioners, is required
to pass an ordinance approving and authorizing this Intergovernmental Agreement for Roles and
Responsibilities under Idaho Code Section 50-2906 prior to the implementation of the Plan; and
WHEREAS, the parties hereto desire to enter into this Agreement to avoid any uncertainty
regarding the. City's and the Agency's jurisdiction and authority to implement the Plan concerning
those properties which are outside the municipal limits of the City.
NOW, THEREFORE, it is mutually agreed as follows:
1. PURPOSE OF AGREEMENT
The purpose of this Agreement is to detail the duties. roles and responsibilities to be provided by
the parties with respect to compliance with the Idaho Code Section 50-2906 as described herein.
2. GENERAL PROVISIONS
County does hereby agree that the Agency shall have the right, power, authority, and obligation to
administer the Law, Act, and the revenue allocation financing provisions of the Plan for that certain
property which is contained within the boundaries of the revenue allocation area as defined in the
Act and Plan, which property extends beyond the municipal boundary of the City (the "Outlying
Area"). The Outlying Area is depicted on Exhibit C of this Agreement. County does hereby concur
with the findings and conclusions set forth in the resolution of the City, Resolution No. 208-19,
Exhibit A.
County agrees that all revenue allocation proceeds generated. from the reallocation area shall be
available to the Agency for all purposes authorized under the Act and the Plan and that Agency
shall govern and administer the revenue allocation provision affecting this property as allowed
under the Act and Plan.
County will approve this Agreement by the adoption of a transfer of power ordinance and the City
shall approve this Agreement by the adoption of the appropriate resolution.
INTERGOVERNMENTAL AGREEMENT — Page 2
Upon approval and adoption of the County ordinance and City resolution referenced above, City
shall take the necessary steps through the City Clerk to transmit a copy of the County ordinance to
the County Auditor, County Assessor, the other taxing districts of the revenue allocation area, and
the Idaho State Tax Commission, as required by the Law and the Act.
3. EFFECTIVE TERM
This Agreement shall be deemed effective upon the execution of this Agreement by the parties and
shall remain in effect for the duration of the Plan (as defined in ,the Plan). This Agreement shall be
of no further force and effect as it relates to any parcel or parcels in the Outlying Area, described
in Exhibit C, upon those properties or portions of those properties then being included within the
municipal boundaries of the City by reason of annexation.
4. TERMINATION AND MODIFICATION
This Agreement may be modified or amended in writing if executed by the parties.
5. ENTIRE AGREEMENT
Except as provided otherwise herein, this Agreement and any attachments hereto constitute the
entire Agreement between the parties concerning the subject matter hereto.
6. LIMITATION ON LIABILITY
It is agreed that neither County nor City shall be liable for any bonds or other obligations of the
Agency issued to finance any Project and that there shall be included in the text of each Bond or
other obligation language in substantially the following form:
"This Bond shall not constitute any indebtedness within the meaning of any constitutional or
statutory debt limitation or restriction, and shall not constitute a general obligation or debt of
Canyon County, Idaho, and City of Caldwell, Idaho, or of any municipality, the State of Idaho,
or any of its political subdivision. In no event shall this Bond give rise to a charge against their
general credit or taxing powers or be payable out of the funds or properties other than those of
the Agency specifically pledged therefor."
7. MISCELLANEOUS PROVISIONS
This Agreement shall terminate upon the expiration of the Plan.
The parties hereto agree to take such other actions as may be necessary to carry out this
Agreement and to implement the Plan.
Each party represents that it has taken all actions legally required to authorize the execution of
this Agreement by the officers set forth below.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above
written.
CALDWELL URBAN RENEWAL AGENCY
INTERGOVERNMENTAL AGREEMENT — Page 3
By:
Its: Chairman, Board of Commissioners
ATTEST:
Secretary
CANYON COUNTY, IDAHO BY AND
THROUGH ITS BOARD OF COMMISSIONERS
By:
Its: Chairman, Board of Commissioners
ATTEST:
County Clerk
CITY OF CALDWELL, IDAHO
Its: Mayor
ATTEST:
City Clerk
INTERGOVERNMENTAL AGREEMENT — Page 4
RESOLUTION NO. 208-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO
FINDING THAT A DETERIORATED AND DETERIORATING AREA, AS DEFINED. BY
IDAHO LAW, EXISTS IN AND ADJACENT TO THE CORPORATE CITY LIMITS OF
CALDWELL; THE REHABILITATION, CONSERVATION, REDEVELOPMENT, OR A
COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF
THE PUBLIC HEALTH, SAFETY, MORALS �OR WELFARE OF THE RESIDENTS OF
CALDWEL-; AND THERE IS NEED FOR THE URBAN RENEWAL AGENCY TO
FUNCTION IN SUCH AREA
WHEREAS -'City staff has caused that certain real property described on Exhibit A and
Depicted on Exhibit B, hereinafter referred to as the "Caldwell North Urban Renewal Area" or
"CNURA", to be evaluated as a site for creation of a new urban renewal project area and revenue
.allocation area and corresponding urban renewal activities of the Urban Renewal Agency of the
City of Caldwell, Idaho ("Agency"); and
- WHEREAS, City staff presented its findings concerning the condition of the CNiTRA to
the City Council at a regular City Council meeting on September 3, 2019; and
WHEREAS, the CNURA is located westerly of Interstate 84 between exits 25 and 26 and
is likely to experience substantial development pressure in the near future.
WHEREAS, the CNURA currently contains a predominance of buildings and
improvements, both residential and nonresidential, which by reason of dilapidation, deterioration,
Age and obsolescence will interfere with the sound growth and development of the CNURA. and
constitute a detriment to the public health, safety, morals or welfare; and
WHEREAS, the CNURA exhibits a predominance of defective or inadequate street layout,
faulty lot layout in relation to size and predominance of poor access due to obsolete platting,
diversity of ownership, deterioration of structures or improvements, inaccessible and unusable
properties divided by limited access highways, canals, topography, surface water and high
groundwater, private roads, insanitary or unsafe conditions associated with unreclaimed mine sites,
active mine sites reaching the end of their useful life, a shooting range that is or will become
incompatible with comprehensive planning for the area, a mink farm that is or will become
incompatible with comprehensive planning for the area, and conditions which endanger life or
property all of which results in economic underdevelopment of the CNURA and substantially
impairs or arrests the sound growth of Caldwell, retards the provision of housing accommodations
and constitutes an economic liability and is a menace to the public health, safety,_ morals or welfare
in its present condition and use; and _
WHEREAS, the equalized assessed valuation (as shown by the taxable property
assessment rolls) of the CNURA is likely to increase as a result of the initiation of urban renewal
projects; and
WHEREAS, there is need for the Urban Renewal Agency of the City of Caldwell, Idaho
to function in the CNURA.
Resolution No. 208-19 - Page 1
BE IT HEREBY RESOLVED by the Mayor and Council of the City of Caldwell, Idaho
as follows:
1. Based upon the foregoing recitals, which are adopted and incorporated here as
findings of fact, the CNURA, described in Exhibit A and depicted on Exhibit B, is hereby found
and declared to be a "deteriorated area" as defined by Idaho Code Section 50-2018(8).
2. Based upon the foregoing recitals, which are adopted and incorporated here as
findings of fact, the CNURA, described in Exhibit A and depicted on Exhibit B, is hereby found
and declared to be a "deteriorating area" as defined by Idaho Code Section 50-2018(9).
3. Based upon the foregoing recitals, which are adopted and incorporated here as
findings of fact, the CNURA, described in Exhibit A and depicted on Exhibit B, is hereby found
and declared to be a "deteriorated area" as defined by Idaho Code Section 50-2903(8).
4. The equalized assessed valuation (as shown by the taxable property assessment
rolls) of the CNURA is likely to increase as a result of the initiation of urban renewal projects.
5. There is need for the Urban Renewal Agency of the City of Caldwell, Idaho to
function in the CNURA.
PASSED BY THE COUNCIL of the City of Caldwell, Idaho this 3 d day of September
2019.
APPROVED BY THE MAYOR of the City of Caldwell, Idaho this' "d day of September
2019.
Approved
GARRET NANCOLAS, Mayor
ATTEST:
DEB�IEGiEYERCity�Irk�OC-41OF�0Rt�,,Ls
S JAN 15
t
1890
Resolution No. 208-19 - Page 2
Exhibit A
Legal Description of CNURA,
The Project Area and Revenue Allocation Area are represented by the same area, -consisting of
approximately =895 acres. The area, can be described- as falling within the following. general
boundaries. These boundaries follow property . boundarles on. record at the Canyon County
Assessor's office and are specifically detailed on the map .in Exhibit
BEGINNING at .the Old Highway 30. Bridge and the Boise River; thence east to the :Riverside
Canal; thence northerly along the Riverside :Canal to the southbank of the Boise .River; thence
southeasterly along the south hank to N. Illinois Avenue extended; thence north to the north bank::: ;
of the Boise River; 'thence westerly along the, north bank (including Curtis Park) to the east
boundary, of River Road;thence south along the east .boundary. to the south boundary of Janice
Lane extended; thence -West along the south boundary of Janice Lane and Janice Lane extended to
westerly boundary. of Old Highway 30; thence .northerly along the_ westerly. boundary -to Burger
b
Lane; thence west along Burger Lane:extended to the westerly boundary of Interstate -84; thence
northerly along the westerly boundary to: Highway 44; thence west along Highway 44 extended to
Farmway Road; thence south along Far mway Road and Kent Ranch Road to the southwesterly
:boundary of the UPRR; thence southeasterly along the southwesterly boundary.to the:Boise River;:
thence northeasterly along the Boise River:(excluding City property known as Rotary Pond Park, : ; .
the City Pit; and any other. properties previously included in the., 1998. boundary) to the Old
Highway:30 Bridge; the POINT OEBEGINNING. Containing'approximately:895 acres, more or: :.
less.
Resolution No. 208-19 - Page 3
URA 2019 PropertyrAddition
R Law ]m000 a
- s [uassatl to 5 vanu[a i rmu
a R3�F� S �]0 � ��aluan aP Rlon
moxa S sm
.. � s �4 a3rsaJmom S at®w xadem a [earn
l om 5 50.6m w aRunrigB vroJuttlon
I Rw �- ' usesmvn 5 ss zm Y1 x, XemuX ua n�m�
- �� - i s ieu�mar [nares
m 5
NSeomm S2mcsm w McXlum oenarybuMnaal
e rtarabi0fm 5 tag
31aXNe0a $ nL b C] WryaP oXURim
T10 $ IE eProtlunlXn
aawse:oaoa s taMa �
u P3]BUlmpo S ]mma MunufxrunnieP mumu.
xeao 5 I
e 0.N6a0tm0 5 lle.a3o Ca «w�ln88Pmun]lm
a e5eise0]]m S 9 aXunnSaPmualm
- m $ tN wnuun�nryavmuttlm
P 'n3[65MW $ 4650 w ePmuNm
5 tenon a Manwannn�[iv�atlalPn
- n i5eavmm s wsu a wn�[an�rmis P,m�Rm
t. m Pa[sse]oaa 5 ssam v
Fa''+la� Nabmro s ]ll� a on�nnei PAnnn;an
,,,� tmom s M,nuraRnnryiPmu<Xnn
Jeomm s went
M °bpe�n mm0
$ lm Fmnmmmv Y nan
300 5 3a
a hwcvw m
'- P3Marot bT]
- ] n}ffiIDImO 5 lmlm Mi aaan 8 muttrm
J PaNsmmoo s e.aao MI
� :I 5 52em Ml brvtm
b 0.ae9am]m0 5 t9]im w rPXuvXa
w ,
n '
y
7 20 26
i N
�, °1� , -u• ttrt � �. P� me 5 mmena[mmee
• \\ e9 i N xa.OND OOa 5 al w a n
r'i. eilYVIP �' ] r Rael[9amm $ 583m w raaF85u5eMN
`.' ® nvvasmm 5 eOFm w Pe.
1.
5 s a w u bna
n3tY( Oo S h>b � awe
'- ' !' A Sat i3e96iO3m 3
� nOH,imm S si9m w
q- a[ria0]0a0 5 wep � k'N
y � 't � � . f t }` 'P� •��� aaLm S 1369.0 w ieXNm al [nares
P»aooaro
S S S � � �sm3 5 n.am w tinµ 6uus
a j om 5 Sam w
y MOS m9m � wnrafR.,n
.1 +f 63 N31a11®D S
P aam0a 5 N
i mmm 5
� .1 Ili a
j{
F $ 5 mm w aF
am S nunybMm.,e
Js aaaazMraO S 1]i Pn�Nm:a urern
a59eamm S oi MRMnria FRares
J � ,i PiaB65m00o $ m]m M WuN Fstatae
r � N aoma S 3 nar 'eg
�5e y � � 930 M ain re8 r�.nim
.. v� �� � P3asam]am f u. MUa iar IX r u
m
(S mo 5 3v.m0 is uNn a
am 5 >a Q i nal
� K 3 3Ftl0 O M n a
i n
i � 3' r i Panasaooao 5 as cu v r ulma
{ - V. SII aaneeoum S Sm w Pena rb [
., 1K
aa9t�m
5 an-
...................
n-
a:x!mmo 5 uo.
va P I[0 w Cvn
...' - ". � _.-: - '• ', ;u N.9YMm0 s - Ema I bnuXw
w
:.. aJ PN9amtam S e]]m w/a aamme�da ibMae
� •. _' h Pu9eml]m f w as nutlYe
_. in Brv�Po✓er :. - 99 Raa95mlMo 3 - w ervl YLn41tlw
'# araemaom 5 lu
]mo S m w/4] ualaanaa [Rnn un
m s 54it0 w/cr M.nul+nunnp6vmtlumw
- m'aMvswli9n s Mr.tamm�aiPmnma,
na+[emoom 5 i
'+ m Psrmstmo s mem w v n
'3a�momo S In µnary PesiN�ur
i it n 9m w
:.._
Me0 ry
t ]Ma Y
l�
r<
.___ __-- i]5 'rtalfil8m�tts i] fmMu.,mMarl
city Legend -
of 2019 Add Roads NORTH
QAddlnon Railroad 0 300 600
Caldwell Add Properties - Sudace Weter ®Feet
..w.., ..am ..w 1 inch = 600 feet
Print Date- 19 Sep 2019
URBAN RENEWAL PLAN FOR THE
CALDWELL NORTH URBAN RENEWAL PROJECT AREA
THE URBAN RENEWAL AGENCY
OF THE CITY OF CALDWELL, IDAHO
Ordinance No.
Adopted_
Effective
PLAN FOR THE CALDWELL NORTHWEST URBAN RENEWAL PROJECT AREA, Page I
SECTION 100: INTRODUCTION
SECTION 101: State of Idaho Urban Renewal Law and Economic Development Act
SECTION 102: History and General Conditions
SECTION 103: Description of Project Area
SECTION 200: SCOPE OF PROPOSED DEVELOPMENT
SECTION 300: ECONOMIC DEVELOPMENT AREA PLAN OBJECTIVES
SECTION 301: Participation Opportunities and Agreement
SECTION 302: Zoning Incentives, Impact Fees and Waivers
SECTION 303: Reimbursement Agreements
SECTION 304: Cooperation with Public Bodies
SECTION 305: Business Improvement Grants
SECTION 400: PROPERTY ACQUISITION, DISPOSITION, DEVELOPMENT, AND
MANAGEMENT
SECTION 401: Property Acquisition and Disposition
SECTION 401.1: Disposition and Development Documents
SECTION 402: Property Development by Agency
SECTION 402.1: Rehabilitation and Conservation
SECTION 402.2: Relocation of Persons (Including Individuals and Families),
Business Concerns, and Others Displaced by the Project.
SECTION 403: Property Management
SECTION 404: Uses Permitted in the Project Area
SECTION 404.1: Designated Land Uses
SECTION 404.2: Public Rights -of -Way
SECTION 405: Other Public, Semi -Public, Institutional, and Nonprofit Uses
SECTION 406: Interim Uses
SECTION 407: General Controls and Limitations
SECTION 407.1: Construction
SECTION 407.2: Rehabilitation and Retention of Properties
SECTION 407.3: Minor Variances
SECTION 407.4: Design for Development
SECTION 500: METHODS OF FINANCING THE PROJECTS
SECTION 501: General Description of the Proposed Financing Method
SECTION 502: Revenue Bond Funds
SECTION 503: Other Loans and Grants
SECTION 504 Revenue Allocation Financing Provisions and Economic Feasibility
Study
SECTION 504.1: Assumptions and Conditions/Economic Feasibility Study
SECTION 504.2: Ten Percent Limitation
SECTION 504.3: Financial Limitation
SECTION 504.4: Impact on Other Taxing Districts and Levy Rate
SECTION 505: Participation of LIDs
SECTION 506: Lease Revenue, Parking Revenue, and Bonds
PLAN FOR THE CALDWELL NORTHWEST URBAN RENEWAL PROJECT AREA, Page 2
SECTION 600: ACTIONS BY THE CITY
SECTION 601: Maintenance of Public Improvements
SECTION 700: ENFORCEMENT
SECTION 800: DURATION OF THIS PLAN
SECTION 900: PROCEDURES FOR END OF PLAN, TERMINATION, AND ASSET
RETENTION
SECTION 1000: PROCEDURE FOR AMENDING AND UPDATING THE PLAN
SECTION 1100: SEVERABILITY
SECTION 1200: ANNUAL REPORT
Attachments:
No. 1:
Description of Project Area
No. 2:
Project Area Boundary Map
No. 3:
Map Depicting Current Zoning within Project Area
No. 4:
Detail of Projects and Estimated Project Costs
No. 5:
Map Depicting Street Needs
No. 6:
Administrative Costs
No. 7:
Economic Feasibility Study
No. 8:
Actions of City and County
No. 8.1
Resolution of Deteriorated or Deteriorating by City
No. 8.2
Declaration of Need Therefore by County
No. 8.3
Recommendations of P&Z
No. 8.4
Intergovernmental Agreement
No. 8.5
Transfer of Powers Ordinance
No. 8.6
Ordinance Approving Plan
PLAN FOR THE CALDWELL NORTHWEST URBAN RENEWAL PROJECT AREA, Page 3
SECTION 100: INTRODUCTION
This is the Urban Renewal Plan for the Caldwell Northwest Urban Renewal Project Area
(the "Plan") in portions of the City of Caldwell, Idaho ("Caldwell" or "City") and Canyon County,
Idaho ("Canyon County"). Attachments 1 through 8.6, attached hereto (collectively, the "Plan
Attachments") are incorporated herein and shall be considered a part of this Plan.
This Plan was prepared by the Board of Commissioners, consultants, and staff of the
Urban Renewal Agency of the City of Caldwell, Idaho ("Agency") and reviewed and
recommended by the 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 local laws and ordinances.
This Plan contains both a general description of the powers the Agency will exercise and
the manner in which they will be exercised in the carrying out of this Plan, as well as all specific
information and detail as required by the Law and the Act, including Idaho Code Section 50-
2965.
SECTION 101: State of Idaho Urban Renewal Law and Economic Development Act
The Agency is a public body, corporate and politic, as defined and described under the
Law and the Act. The Agency is also governed by its bylaws as authorized by the Law and adopted
by the Agency. As a public body, the Agency is governed by many of the statutory provisions of
the Idaho Code applicable to public entities, including, but not limited to, the Idaho Open Meeting
Law and the Idaho Public Records Act. In addition, under Idaho Code, the Agency is required to
have the same fiscal year as the City, and to conduct financial audits and reviews of its financial
statements pursuant to Idaho Code Section 67-450B.
For this Plan to be implemented, the laws of the State of Idaho require the following:
a. A resolution, by the Caldwell City Council, evidencing the determination that the area to
be included in the Plan, defined and described below, is deteriorated or deteriorating and
designating such area as appropriate for an urban renewal project. A resolution making said
determination and designation, Resolution No. 208-19, was passed by the Caldwell City
Council on September 3rd, 2019. A true and correct copy of said resolution is attached
hereto as Attachment 8.1.
b. A declaration, by Canyon County, of a need for urban renewal in any area to be included
in an urban renewal plan, which area falls outside of the corporate limits of Caldwell. A
resolution declaring such need, Resolution No. , was approved by the Canyon County
Commissioners on . A true and correct copy of said resolution is attached
hereto as Attachment 8.2.
c. The submission of this Plan to the Caldwell Planning and Zoning Commission for review
and recommendation with its conformity to the general plan of development for Caldwell
as a whole, the Caldwell Comprehensive Plan. This Plan was submitted to the Caldwell
Planning and Zoning Commission on , 2019. The Caldwell Planning and
Zoning Commission reviewed this Plan and submitted its written recommendations to the
Caldwell City Council on , 2019, which date of submittal was less
than sixty (60) days from the date of review of the Caldwell Planning and Zoning
PLAN FOR THE CALDWELL NORTHWEST URBAN RENEWAL PROJECT AREA, Page 4
Commission. A true and correct copy of said written recommendations are attached hereto
as Attachment 8.3.
d. A negotiated agreement between Caldwell, the Agency, and Canyon County for the
administration of the revenue allocation financing provisions of this Plan. Such a
negotiated agreement has been deliberated about and consented to by the Canyon County
Commissioners, the Caldwell City Council, and the Agency ("Intergovernmental
Agreement"). A true and correct copy of said intergovernmental agreement is attached
hereto as Attachment 8.4
e. A transfer of power ordinance passed by the Canyon County Commissioners formalizing
the agreement from paragraph (d) of this section. Said ordinance, Ordinance No. ,
was passed by the Canyon County Commissioners on , 2019. A true and
correct copy of said ordinance is attached hereto as Attachment 8.5.
f. A public hearing on this Plan, conducted by the Caldwell City Council pursuant to Idaho
Code § 50-2008. The Caldwell City Council conducted said hearing on ,
2019. Notice for said hearing was published in , on ,
2019, which is a newspaper of general circulation, and notice was also transmitted,
together with a copy of the plan and recommendation of the Agency, to the governing body
of each taxing district overlapping with the Revenue Allocation Area proposed by this Plan.
The Caldwell City Council found that: (1) a feasible method exists for the location of
families who will be displaced from the Project Area in decent, safe and sanitary dwelling
accommodations within their means and without undue hardship to such families, (2) this
Plan conforms to the general plan of the City of Caldwell as a whole, (3) this Plan gives
due consideration to the provision of adequate park and recreational areas and facilities
that may be desirable for neighborhood improvement, and (4) that this Plan will afford.
maximum opportunity consistent with the sound needs of City of Caldwell as a whole, for
the rehabilitation and redevelopment of the Project Area by private enterprise. The
Caldwell City Council gave special consideration to the health, safety, and welfare of
children when considering the foregoing factors.
Based upon the foregoing conclusions and considerations, the Caldwell City Council
approved this Plan at the public hearing held on (same as above) , 2019, by
Ordinance No. A true and correct copy of said ordinance is attached hereto as
Attachment 8.6.
g. Notification, after the effective date of the ordinance approving this Plan, to the Canyon
County Auditor and Tax Assessor, as well as to the governing bodies of all affected taxing
districts and the Idaho State Tax Commission. Said notifications will be sent on
, _ 2019, which is within 30 days of the effective date of Ordinance No.
in accordance with Idaho Code § 63-125.
SECTION 102: History and General Conditions
The area within which the following described projects and activities will take place is
described and depicted on Attachments 1 and 2 ("Project Area").
PLAN FOR THE CALDWELL NORTHWEST URBAN RENEWAL PROJECT AREA, Page 5
The Project Area is located westerly of Interstate 84, between exits 25 and 26, and is likely
to experience substantial development pressure in the near future. The Project Area currently
exhibits a predominance of defective or inadequate street layout, faulty lot layout in relation to
size and predominance of poor access due to obsolete platting, diversity of ownership,
deterioration of structures or improvements, inaccessible and unusable properties divided by
limited access highways, canals, topography, surface water and high groundwater, private roads,
insanitary or unsafe conditions associated with unreclaimed mine sites, active mine sites reaching
the end of their useful life, a shooting range that is or will become incompatible with
comprehensive planning for the area, a mink farm that is or will become incompatible with
comprehensive planning for the area, and conditions which endanger life or property all of which
results in economic underdevelopment of the Project Area and substantially impairs or arrests the
sound growth of Caldwell, retards the provision of housing accommodations and constitutes an
economic liability and is a menace to the public health, safety, morals or welfare in its present
condition and use
The preparation and approval of an urban renewal plan including a revenue allocation
financing provision provides additional resources to solve the aforementioned problems in the
Project Area. Revenue allocation financing and bonding should help to improve the situation and
stimulate private investment otherwise not realized. In effect, property taxes generated by
improvements and new developments within the Project Area may be used by the Agency to
finance a variety of needed public improvements and facilities
This Plan focuses on the current and future economic development needs with an emphasis
on job creation and commercial and industrial development by maximizing opportunities for
private enterprise. The targeted areas were chosen after careful consideration of deteriorating
conditions as defined by Idaho Code, future needs, and potential for generating private investment
and a return of increased tax revenue and economic activity on the various Projects. This Plan and
the Projects have been planed, and will be carried out, in conformity with the Comprehensive Plan
of the City of Caldwell. Additionally, this Plan has been analyzed and approved by the Planning
and Zoning Commission of the City of Caldwell for its consistency with said Comprehensive Plan.
SECTION 103: Description of Project Area
The boundaries for the Project Area shall coincide with a corresponding Revenue
Allocation Area ("RAA") created and established as part ' of this Plan, pursuant to the Act.
Generally, unless indicated to the contrary, references in this Plan -to the "Project Area" should be
understood to include both Project Area and the RAA. The boundaries of the Project Area are
described in Attachment No. 1, which is attached hereto and incorporated herein by reference, and
are illustrated on the Project Area Boundary Map, attached hereto as Attachment No. 2, and
incorporated herein by reference. The Project Area includes several parcels of property which are
located outside the geographical boundaries of the City, but which are within five (5) miles of the
municipal boundaries of the City, and, additionally, which are within the City's impact area.
Consent of the owners has been obtained for all parcels of agricultural land to be included in the
Project Area. The necessary declarations and agreements, specifically, the Intergovernmental
Agreement and the Transfer of Power Ordinance, have been entered into with, or approved by,
Canyon County for those portions of the Project Area extending beyond the municipal boundaries
of the City of Caldwell.
SECTION 200: SCOPE OF PROPOSED DEVELOPMENT ACTION
PLAN FOR THE CALDWELL NORTHWEST URBAN RENEWAL PROJECT AREA, Page 6
The Agency proposes to carry out and effectuate the purposes and provisions of the Law
and the Act by exercising all powers authorized under the Law and the Act, including, but not
limited to, the following:
1. The acquisition of certain real property;
2. The demolition and/or removal of certain buildings and improvements for public rights-of-
way for streets, utilities, walkways, and other improvements for public facility building
sites, to eliminate unhealthful, unsanitary, or unsafe conditions, improve density, eliminate
obsolete or other uses detrimental to the public welfare, or otherwise to remove or to
prevent the spread of blight or deterioration;
3. The maintenance of any property acquired by the Agency while said property is being
prepared for disposition and development.
4. The provision for participation by property owners within the Project Area, including
entering into reimbursement agreements;
5. The management of any property acquired by and under the ownership and control of the
Agency;
6. The provision for relocation assistance to displaced Project occupants, as required by law;
7. The installation, construction, and reconstruction of streets, curb and gutter, sidewalks,
streetscapes, design standards, and all utilities, including infrastructure and transmission
lines for water, sewer, natural gas, electrical distribution, and internet systems, as well as
shared trenches and transmission lines, for all such utilities in an underground and/or aerial
configuration, to encourage new developments of fiber optic systems, parking facilities,
recreation and park amenities, art, improvements to railroad property and other public
improvements, including, but not limited to, the operation and management of such
facilities and the design and engineering of such facilities in conformance with the Law,
the Act, and this Plan;
8. The disposition of property for uses in accordance with the Law and Act, and this Plan;
9. The development and redevelopment of land by private enterprise or public agencies for
uses in accordance with this Plan;
10. The rehabilitation. of structures and improvements by present owners, their successors, and
the Agency;
11. The preparation and assembly of adequate sites for development, redevelopment, and
construction of facilities for industrial, commercial, mixed-use residential, office,
appropriate retail, public facility and other ancillary uses.
12. To the extent allowed by law, the lending or investing of federal funds to facilitate
redevelopment;
13. Ability to commit to long term leases for public facilities;
14. Environmental assessment and remediation where environmental conditions detrimental to
redevelopment exist;
15. The construction of storm water management infrastructure to support compliance with
federal and local regulations for storm water discharge and to support private development;
16. In collaboration with property owners and other stakeholders, working with the City of
Caldwell to amend the zoning regulations and standards and guidelines for the design of
streetscape applicable to the Project Area as needed to support implementation of this Plan;
17. The enhancement, construction, and possible realignment of streets, pathways, sidewalks,
and related streetscape amenities;
PLAN FOR THE CALDWELL NORTHWEST URBAN RENEWAL PROJECT AREA, Page 7
18. The construction and financial support of infrastructure necessary for the provision of
improved transit and alternative transportation;
19. The construction of cultural facilities, and the enhancement and construction of parks, open
spaces, and public recreational and school facilities;
20. The acquisition, disposition and, where necessary, clearance of property for uses consistent
with the Plan;
21. The rehabilitation and adaptive reuse and repurposing of existing buildings;
22. The provision of financial and other assistance to support preservation of historic buildings
and affordable housing and workforce housing as defined by "gene.. pelf
23. The provision of financial and other assistance to encourage and attract business enterprise
including but not limited to start-ups and microbusinesses, unique cultural businesses, mid-
sized companies, and large-scale corporations;
24. The provision for participation by property owners within the Project Area to achieve the
objectives of this Plan;
25. The disposition of property for uses in accordance with the Law and this Plan;
26. The construction of foundations, platforms, and other like structural forms necessary for
the provision or utilization of air rights and sites for buildings to be used for residential,
commercial, and other uses contemplated by the Plan and to provide utilities to the
development site.
27. All other actions described in this Plan.
In accomplishment of these purposes and activities and in the implementation and
furtherance of this Plan, the Agency is authorized to use all the powers provided in this Plan and
all the powers now or hereinafter permitted by the Law, the Act or other provisions of Idaho or
federal law. The foregoing powers will be exercised in the undertaking of specific projects to carry
out the purposes of the Plan. Attachments 4, 5, and 6 contain detailed descriptions and depictions
of the specific Projects, and their related costs, which the Agency shall undertake within the project
Area. The Economic Feasibility Study, attached as Attachment 7 and as described in Section 504
contains a detailed analysis of the revenue that will be generated by development within the Project
Area, the time when said revenue will be expended and the projects on which it will be expended,
as well as the source of all revenue for the specific projects. Said Attachments and the Feasibility
Study are incorporated, here, by this reference, as if set forth fully herein.
SECTION 300: ECONOMIC DEVELOPMENT AREA PLAN OBJECTIVES
Economic Development action is necessary in the Project Area to combat problems of
deterioration and economic underdevelopment. The predominance of dilapidated, deteriorated,
aged, and obsolete buildings and improvements; defective and inadequate street layouts, faulty lot
layouts, poor access, obsolete platting, deterioration of structures or improvements, inaccessible
and unusable properties, unreclaimed mine sites, active mine sites reaching the end of their useful
life, a shooting range that is or will become incompatible with comprehensive planning for the
area, industrial -type agricultural uses that are or will become incompatible with comprehensive
planning for the area, and conditions which generally endanger life or property, will be reduced
and corrected by commencing and completing the Projects, as described in this Plan, which will
resolve the foregoing issues within the Project Area, satisfying the general purposes of the Plan,
inclusive of the following specific economic development objectives:
PLAN FOR THE CALDWELL NORTHWEST URBAN RENEWAL PROJECT AREA, Page 8
a. Economic development activities, coupled with development incentives, will bring
new development to the Project Area, resulting in the replacement or rehabilitation of
dilapidated and deteriorated buildings.
b. The revenue generated by new development will provide funding for the rehabilitation
and expansion of certain streets, as well as the construction of additional streets within
the Project Area, will provide adequate access for future development.
c. Additionally, the rehabilitation and expansion of certain streets, as well as the
construction of additional streets within the Project Area, coupled with careful and
deliberate platting and replatting, will increase the viability and readiness of future
development opportunities.
d. The further development of publicutilities, including water, power, sewer, fiber, and
multi -use conduits will decrease the time required for private investors- to make
development decisions within the Project Area.
e. The relocation and repositioning of public utilities will further reduce development
impediments.
f. The reclamation of mine sites, the provision of new and better access, and the provision
of new and improved utilities will allow for the economic repurposing of said sites into
new developments.
g. The achievement of the foregoing objectives, as well as all other objectives of the
Agency and of this Plan, will ensure the methodical and efficient economic
development of the Project Area, and of the City of Caldwell generally.
SECTION 301: Participation Opportunities and Agreement
The Agency shall enter into an owner participation agreement with any existing or future
owners of property, in the event the property owner seeks and/or receives assistance, including
receipt of reimbursements, from the Agency in the redevelopment of their property and the Agency
determines such participation is in the best interests of the Agency, the public and consistent with
the Law, the Act and the Plan.
Each structure and building in the Project Area to be rehabilitated or to be constructed as a
condition of the owner participation agreement between the Agency and the owner pursuant to this
Plan will be considered to be satisfactorily rehabilitated and constructed, and the Agency will so
certify, if the rehabilitated or new structure meets the following standards:
a. The owner executes a participation agreement to meet conditions described below.
b. Any such property within the Project Area shall be required to conform to all
applicable provisions, requirements, and regulations of this Plan. The owner participation
agreement may require as a condition of financial participation by the Agency, a
commitment by the property owner to meet greater objectives of land use and development
that those otherwise applicable. Upon completion of any rehabilitation, each structure must
be safe and sound in all physical respects and be refurbished and. altered to bring the
property to an upgraded marketable condition that will continue throughout an estimated
useful life of at least twenty (20) years.
C. All such buildings or portions of buildings, which are to remain within the Project
Area, shall be reconstructed in conformity with all applicable codes and ordinances of
PLAN FOR THE CALDWELL NORTHWEST URBAN RENEWAL PROJECT AREA, Page 9
Canyon County and the City of Caldwell, as applicable, including any mandated federal
authority.
d. Any new construction shall also conform to all applicable provisions, requirements,
and regulations of this Plan, as well as any appropriate design requirements.
e. Any renovation of a historic structure may seek any applicable and appropriate
waiver of the Building Code.
f. Owner participation agreements may require all or portions of new developments
to remain subject to ad valorem real property taxes for up to twenty (20) years following
completion.
In such participation agreements, participants who retain real property shall be required to
join in the recordation of such documents as may be necessary to make the provisions of this Plan
applicable to their properties.
In the event a participant under a participation agreement fails or refuses to rehabilitate,
develop, use, and maintain their real property pursuant to this Plan and the participation agreement,
the Agency may, in addition to any other remedy at law or in equity, specifically enforce said
participation agreement or, at its own cost, enter onto said property for the purpose of bringing it
into compliance with said participation agreement and file a lien against the property for all costs
and fee's incurred in such action.
SECTION 302: Zoning Incentives, Impact Fees and Waivers
Pursuant to applicable law, any zoning incentives, density waivers, and waivers of parking
requirements may be available to qualifying developers.
For any development covered by an owner participation agreement or disposition and
development agreement, the Agency shall have the authority, but not the obligation, to cooperate
with the developer to apply for the waiver or reduction of any impact fee assessed by any
governmental entity. The Agency shall also have the authority, but not the obligation, to consider
the payment of all or part of such impact fees from revenue allocation proceeds in an amount not
to exceed those attributable to the particular development to the extent allowed by law.
SECTION 303: Reimbursement Agreements
The Agency, in conjunction with the City, may enter into "late -comer" agreements for the
construction, by private parties, of sanitary sewer within the Project Area, pursuant to Caldwell
City Code, Section 04-05-07(4); or for the construction, funding, or contribution of any capital
improvements to meet the need for police, fire, and parks and recreation, for which an impact fee
is imposed, pursuant to Caldwell City Code, Section 10-09-09.
The Agency may also enter into Increment Reimbursement Agreements as a method of
funding any or all of the Projects, including the construction of any public utilities, infrastructure,
conduits, streets, sidewalks, landscaping, parks, or any other required public improvements
("RPIs") within the Project Area. The Increment Reimbursement Agreements shall be entered into
when a private entity constructs or pays for the construction of RPIs. Said Agreements shall allow
for the repayment, by the Agency, of any expenditures made by a private party for said RPIs. The
use of Increment Reimbursement Agreements allows the Agency to provide development
PLAN FOR THE CALDWELL NORTHWEST URBAN RENEWAL PROJECT AREA, Page 10
incentives without requiring bonding during the initial quarters of the Plan. The Feasibility Study,
as described in Section 504 of this Plan, contains a detailed description of the intended utilization
of Increment Reimbursement Agreements to fund the Projects. Increment Reimbursement
Agreements shall not violate the following limitations:
1. Reimbursement to a private entity for the construction of RPIs shall only be made from
any increment accruing to the Agency as the result of increases in the value of the land the
development of which necessitates the RPIs, including value added by the addition of
buildings and improvements.
2. The maximum total amount of reimbursement paid to a private entity in a given year (365
day period) shall not exceed 90% of the increment accruing to the Agency from the
property in that year.
3. No Increment Reimbursement Agreement shall purport to constitute, or constitute in fact,
a guarantee of the reimbursement of any certain amount of money to a private entity.
4. No Increment Reimbursement Agreement shall last beyond the termination date of this
Plan.
5. No Increment Reimbursement Agreement shall be entered into for partially completed
RPIs. Completion of RPIs shall be determined by the specific department of the City of
1 Caldwell charged with overseeing or regulating the specific improvements that are
contemplated by an Increment Reimbursement Agreement. -
6. The Agency shall be responsible for approving all Increment Reimbursement Agreements
and shall exercise discretion in said approvals to ensure that all urban renewal funding is
,expended in a way that optimizes the use of the Project Area for high -value -development.
In so doing, the Agency may rely upon the advice and council of economic development
experts, including the Economic Development Director and staff, as well as any statistic
and data complied and analyzed by said Director relating to the specific values of capital
improvements per acre, job creation, and wages.
Any reference in this plan to "reimbursements" or "reimbursement agreements" shall be read
so as to include Increment Reimbursement Agreements.
SECTION 304: Cooperation with Public Bodies
Certain public bodies are authorized by state law to aid and cooperate, with or without
consideration, in the planning, undertaking, construction, or operation of project within the Project
Area. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to
coordinate this Plan with the activities of such public bodies in order to accomplish the purposes
of redevelopment and the highest public good.
The Agency is authorized to financially (and otherwise) assist any public body in the cost
of public land, buildings, facilities, structures, or other improvements within the Project Area to
the extent permitted by the Law and the Act.
The Agency, by law, is not authorized to acquire real property owned by public bodies
without the consent of such public bodies. The Agency, however, will seek the cooperation of all
public bodies that own or intend to acquire property in the Project Area. Any public body that
owns or leases property in the Project Area will be afforded all the privileges of an owner
participant if such public body is willing to enter into a participation agreement with the Agency.
All plans for development of property in the Project Area by a public body shall comply with the
provisions of this Plan.
PLAN FOR THE CALDWELL NORTHWEST URBAN RENEWAL PROJECT AREA, Page 11
SECTION 305: Business Improvement Grants
The Agency, being authorized to construct foundations, platforms, and other like structural
forms necessary for the provision or utilization of air rights sites for buildings, is authorized to
enter into business improvement grant agreements, whereby developers may be reimbursed for
costs of certain capital improvements for which the Agency is authorized to pay. The
reimbursements contemplated by such agreements shall be triggered by the creation of qualifying
jobs. It is estimated that the Agency shall enter into ten such business improvement grant
agreements, with a total estimated project cost of $2,000,000. Said grants will be implemented
throughout the entire Project Area in the second, third, and fourth quarters of the Plan.
The terms and requirements for such agreements shall be determined by the Agency on a
case-by-case basis, except that, in all cases, the Agency shall comply with the following:
1. No more than ten -thousand dollars ($10,000) of capital costs shall be reimbursed per job
created; and
2. No more than two -hundred -thousand dollars ($200,000) of capital costs shall be
reimbursed to any developer under the terms of this Section 405.
SECTION 400: PROPERTY ACQUISITION, DISPOSITION, DEVELOPMENT, AND
MANAGEMENT
SECTION 401: Property Acquisition and Disposition
As specified in this Plan, the Agency is authorized to acquire by purchase, lease, option,
gift, grant, bequest, devise, eminent domain or otherwise, any real property or personal property
for its administrative purposes, together with any improvements thereon; to hold, improve,
renovate, rehabilitate, clear or prepare for redevelopment any such property or buildings; to
mortgage, pledge, hypothecate or otherwise encumber or dispose of any real property; to insure or
provide for the insurance of any real or personal property or operations of the municipality against
any risks or hazards, including the power to pay premiums on any such insurance; and to enter into
any contracts necessary to effectuate the purposes of this Plan.
As specified within this Plan, the Agency is authorized to sell, lease, lease/purchase,
exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise
dispose of, or retain, any interest in real property under the provisions set forth in Idaho Code
Section 50-2011. To the extent permitted by law, the Agency is authorized to dispose of real
property by negotiated lease, sale, or transfer without public bidding. Idaho Code Section 50-2011,
together with any specific procedures for disposition of real property adopted by the Agency
pursuant to that Section, provides the structure of disposition requirements.
Real property acquired by the Agency may be conveyed by the Agency and, where
beneficial to the Project Area, without charge to any public entity as allowed by law. All real
property acquired by the Agency in the Project Area shall be sold or leased to public or private
persons or entities for development for the uses permitted in this Plan or as otherwise allowed by
law.
Any purchasers or lessees of property acquired from the Agency shall be obligated to use
the property for the purposes designated in this Plan, to begin and complete development of the
property within a period of time which the Agency determines as reasonable, and to comply with
job creation and other conditions which the Agency deems: necessary to carry out the purposes of
this Plan.
PLAN FOR THE CALDWELL NORTHWEST URBAN RENEWAL PROJECT AREA, Page 12
Any real property acquired within the Project Area will be retained and/or disposed of
pursuant to this section, the Law, the Act, and the following Sections concerning development
documents and agreements.
The Agency is authorized to acquire land for the purposes of site preparation and
rehabilitation for disposition and redevelopment. Said parcels are described in the Economic
Feasibility Study, described in Section 504 of this Plan, and in the Project list contained within
Attachment 4, which also contain detailed description of the specific Projects and estimated costs
that will be undertaken and incurred in acquisition, rehabilitation and preparation, disposition of,
and redevelopment of said properties.
The Agency is authorized to assist in the acquisition of all rights of way. The estimated
costs of said acquisitions are included in Attachment 4.
The Agency is authorized to acquire additional property for the construction of the Parking
Facility and Commercial Building, as described in the Feasibility Study and the project list
contained in Attachment 4. The estimated costs of the acquisition and development of said projects
is contained within Attachment 4.
Any acquisition of land contemplated by this Plan, if said land is "open land" as the term
is used in Idaho Code Section 50-2008(d), shall not be effectuated unless the necessary findings,
are made by the City, pursuant to Idaho Code Section 50-2008(d).
The Agency intends to dispose of all property acquired pursuant to this Plan prior to the
Termination of this Plan, except that the Agency intends to retain the Parking Facility and
Commercial Building beyond the Termination of this Plan to ensure their continued use to
facilitate economic development within the Project Area.
SECTION 401.1: Disposition and Development Documents
To provide adequate safeguards to ensure that the provisions of this Plan will be carried
out and to prevent the recurrence of deteriorating conditions, all real property, sold, leased, or
conveyed by the Agency, as well as all property subject to participation or other
development/disposition agreements, shall .be transferred only with restrictive commitments
consistent with the provisions of this Plan. Accordingly, the Agency shall reserve such powers and
controls in the disposition and development documents as may be necessary to prevent transfer,
retention, or use of property for speculative purposes and to ensure that development is carried out
pursuant to this Plan.
Leases, lease/purchases, deeds, contracts, agreements, and declarations of restrictions of
the Agency may contain restrictions, covenants, covenants running with the land, rights of reverter,
conditions subsequent, equitable servitudes, or any other provisions necessary to carry out this
Plan. Where appropriate, as determined by the Agency, such documents, or portions thereof, shall
be recorded in the office of the Recorder of Canyon County.
All property acquired or disposed of by the Agency in the Project Area is hereby subject
to the restriction that there shall be no discrimination or segregation based upon race, color, creed,
religion, sex, age, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy,
disability/handicap, tenure, or enjoyment of property in the Project Area. All property sold, leased,
conveyed, or subject to a disposition and development agreement shall be expressly subject by
appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease,
sublease, or other transfer of land in the Project Area shall contain such nondiscrimination and
non -segregation clauses as required by law.
PLAN FOR THE CALDWELL NORTHWEST URBAN RENEWAL PROJECT AREA, Page 13
The land and/or air rights and subterranean rights acquired by the Agency will be disposed
of subject to an agreement between the Agency and the developer. The developer will be required
by the contractual agreement to observe the requirements of this Plan and to submit a development
and job creation schedule satisfactory to the Agency. Schedule revisions will be made only with
the consent of the Agency.
All final development plans (whether public or private) prepared pursuant to disposition
and development or owner participation agreements shall be submitted to the Agency Board of
Commissioners for review and approval.
SECTION 402: Property Development by Agency
The Agency is authorized to acquire certain parcels within the Project Area, as described
in Section 401 of this Plan, to prepare the same for development, redevelopment, or rehabilitation.
Additionally, as described in the Feasibility Study and the project list contained in Attachment 4,
the Agency is authorized to develop the Parking Structure and the Commercial Building. In
carrying out any of the Projects, except as limited by the Law and the Act, as amended, the Agency
is authorized to undertake the following activities:
a. Pay for, develop, or construct any publicly -owned building, facility, structure, or other
improvement within the Project Area for itself or for any public body or entity, which
buildings, facilities, structures, or other improvements are or would be of benefit to the
Project Area and may be a component of a Project including new private investment
and/or development.
b. Demolish and clear buildings, structures, and other improvements from any real
property in the Project Area as necessary to carry out the purposes of this Plan.
c. Prepare, or cause to be prepared, as building sites any real property in the Project Area
owned by the Agency including site preparation.
d. Cause, provide for, or undertake the installation or construction of streets, utilities,
parks, pedestrian walkways, parking facilities, drainage facilities, and other public
improvements necessary to carry out this Plan.
e. Construct foundations, platforms, and other structural forms necessary for the provision
or utilization of air rights sites for buildings to be used for residential, commercial,
private, public, and other uses provided in this Plan.
f. Assist in the preparation of building sites by way of reclamation, remediation, or
elimination of deteriorated or environmentally hazardous conditions. The Agency is
also authorized (but not required) to purchase certain site or building improvements for
purpose of site preparation and development.
g. Install and construct, or to cause to be installed and constructed, within the Project Area
for itself or for any public body or entity, public improvements and public facilities,
including, but not limited to, the following: (1) utilities; (2) telecommunications
(including fiber-optic) facilities; (3) parks, plazas, and pedestrian paths; (4) parking
PLAN FOR THE CALDWELL NORTHWEST URBAN RENEWAL PROJECT AREA, Page 14
facilities; (5) landscaped areas; (6) street improvements; (7) sanitary sewers; (8) flood
control facilities and storm drains; (9) water mains; (10) canal crossings; (11) other
public buildings or infrastructure; and (12) transit/transportation facilities, vehicles,
and infrastructure.
The Agency shall also give due consideration to the provision of adequate park and
recreational areas and facilities that may be desirable for neighborhood improvements with special
consideration for the health, safety and welfare of children residing in the general vicinity of the
Project Area.
Any public facility ultimately owned by the Agency shall be operated and managed in such
a manner to preserve the public purpose nature of the facility. Any lease agreement with a private
entity or management contract agreement shall include all necessary provisions sufficient to
protect the public interest and public purpose.
The Agency is authorized to engage in the development of properties by installing or
constructing, or funding the installation and/or construction of, all buildings, facilities, structures,
improvements, and other developments identified as Projects in Attachment 4, attached hereto and
incorporated herein by reference, and the Agency is authorized to acquire or pay for the land
required therefor.
The Agency acknowledges that the Act requires an election for certain expenditures for
specific Projects. Prior to undertaking any Projects requiring an election pursuant to Idaho Code
Section 50-2905A, the Agency shall undertake all actions necessary to effectuate such an election
and shall not proceed with said Projects unless approved by such an election.
SECTION 402.1: Rehabilitation and Conservation
In carrying out the purposes of this Plan, the Agency is authorized to move, or to cause to
be moved, any substandard structure or building or any structure or building which can be
rehabilitated to a location within or outside the Project Area.
Under the Law, the Agency has the authority to lend or invest funds obtained from the
federal government or through the City for the purposes of the Law if allowable under federal laws
or regulations. The federal funds that may be available to the Agency are governed by regulations
promulgated by the Department of Housing and Urban Development for the Community
Development Block Grant Program ("CDBG"), the Economic Development Administration, the
Small Business Administration, or other federal agencies. In order to enhance and/or match such
grants, the Agency's use of revenue allocation funds is critical.
Under those regulations the Agency may participate with the private sector in the
development and financing of those private projects_ which will attain certain federal objectives.
The Agency may, therefore, use the federal funds for the provision of assistance to private
for profit -business, including, but not limited to, grants, loans, loan guarantees, interest
supplements, technical assistance, and other forms of support, for any other activity necessary or
appropriate to carry out a qualifying economic development project.
As allowed by law, the Agency may also use funds from any other sources for any purpose
set forth under the Law or Act.
SECTION 402.2: Relocation of Persons (Including Individuals and Families),
Business Concerns, and Others Displaced by the Project.
PLAN FOR THE CALDWELL NORTHWEST URBAN RENEWAL PROJECT AREA, Page 15
If the Agency receives federal funds for real estate acquisition and relocation, the Agency
shall comply with 24 C.F.R. Part 42, implementing the Uniform Relocation Assistance and Real
Property Acquisition .Policies Act of 1970, as amended, and all other applicable federal law and
rules. The Agency may also undertake relocation activities for those not entitled to -benefit under
federal law as the Agency may deem appropriate for which funds are available.
The Agency reserves the right to extend benefits for relocation to those not otherwise
entitled to relocation benefits as a matter of law. The intent of this section is to allow the Agency
sufficient flexibility to award relocation benefits on some rational basis, or by payment of a lump
sum on a per case basis. The Agency shall also coordinate with the various local, state, or federal
agencies ,concerning relocation assistance as may be warranted.
SECTION 403: Property Management
During such time when any property in the Project Area is owned by the Agency, such
property shall be under the management and control of the Agency. Such property may be rented
or leased by the Agency pending its disposition for redevelopment, and such rental or lease shall
be pursuant to such policies as the Agency may adopt.
SECTION 404: Uses Permitted in the Project Area
The proposed land uses to be permitted in the Project Area for all land, public and private,
are -depicted in Attachment 3�.
SECTION 404.1: Designated Land Uses
The Agency intends to rely upon the overall land use designations and zoning
requirements, including maximum densities, of the City of Caldwell and, where applicable,
Canyon County. The Agency may participate with Canyon County, the City, other agencies and
stakeholders in proposing new zoning regulations and standards or guidelines for streetscape,
design, and construction.
SECTION 404.2: Public Rights -of -Way
A map showing all public streets to be constructed within the Project Area is attached
hereto as Attachment 5. The Project Costs for all acquisition and construction of the same are
contained within Attachment 4, and further described by the Feasibility Study.
Additional public streets alleys and easements may be created in the Project Area as needed
for proper development. Existing streets alleys and easements may be abandoned, closed,
expanded, or modified as necessary for proper development and in conjunction with any applicable
policies and standards of the appropriate road or highway jurisdiction. The Agency has the right
to lease sell or partner with private entities for development on right-of-way land within the Project
Area.
Any changes in the existing interior or exterior street layout shall be in accordance with
the objectives of this Plan and the design standards of the appropriate road or highway jurisdiction
and shall -be effectuated in the manner prescribed by state and local law and shall be guided by the
following criteria
a. A balancing of the needs of proposed and potential new developments for adequate
pedestrian and vehicular access, vehicular parking, and delivery loading docks with
'the similar needs of any existing developments permitted to remains and
PLAN FOR THE CALDWELL NORTHWEST URBAN RENEWAL PROJECT AREA, Page 16
b. The requirements imposed by such factors as topography, traffic, safety, and
aesthetics; and
c. The potential need to serve not only the Project Area and new or existing
developments but to also sensitive areas outside the Project Area by providing
convenient and efficient vehicular access and movement.
The public rights-of-way may be used for vehicular and/or pedestrian traffic as well as for public
improvements public and private utilities and activities typically found in public rights-of-way.
SECTION 405: Other Public, Semi -Public, Institutional, and Nonprofit Uses
The Agency is also authorized to permit the maintenance, establishment or enlargement of
public, semi-public, institutional, or nonprofit uses, including park and recreational facilities;
educational, fraternal, employee, philanthropic, and charitable institutions; utilities; governmental
facilities; re -use of railroad rights-of-way and equipment; and facilities of other similar
associations or organizations. All such uses shall, to the extent possible, conform to the provisions
of this Plan applicable to the uses in the specific area involved. The Agency may impose such
other reasonable requirements and restrictions as may be necessary to protect the development and
use of the Project Area. Non-public entities, such as nonprofits, are considered to be private entities
under the Plan.
SECTION 406: Interim Uses
Pending the ultimate development of land by developers and participants, the Agency is
authorized to use or permit the use of any land in the Project Area for interim uses, which uses
must comply with applicable law and must have a set expiration date.
SECTION 407: General Controls and Limitations
All real property in the Project Area, under the provisions of either a disposition and
development agreement, owner participation agreement or reimbursement agreement, is made
subject to the controls and requirements of. this Plan. No real property shall be developed,
rehabilitated, or otherwise changed after the date of the adoption of this Plan except in
conformance with the provisions of this Plan.
SECTION 407.1: Construction
All construction in the Project Area shall comply with all applicable state and local laws
and codes in effect from time -to -time. In addition to applicable codes, ordinances, or other
requirements governing development in the Project Area, additional specific performance and
development standards may be adopted by the Agency to control and direct redevelopment
activities in the Project Area in the event of a disposition and development agreement or owner
participation agreement.
SECTION 407.2: Rehabilitation and Retention of Properties
Any existing structure within the Project Area, subject to either a disposition and
development agreement, owner participation agreement, or reimbursement agreement, subject to
PLAN FOR THE CALDWELL NORTHWEST URBAN RENEWAL PROJECT AREA, Page 17
approval by the Agency for retention and rehabilitation, shall be repaired, altered, reconstructed,
or rehabilitated in such a manner that it will be safe and sound in all physical respects and be
attractive in appearance and not detrimental to the surrounding uses. No variance shall be granted
which changes a basic land use or which permits departure from the provisions of this Plan. In
permitting any such variance, the Agency shall impose such conditions as are necessary to protect
this public peace, health, safety or welfare and to assure compliance with the purposes of this Plan.
Any variancen permitted by the Agency hereunder shall not supersede any other approval required
under applicable law.
SECTION 407.3: Minor Variances
Under exceptional circumstances, the Agency is authorized to permit a variance from the
limits, restrictions, and controls established by this Plan. In order to permit such variance, the
Agency must determine that:
a. The application of certain provisions of this Plan would result in practical difficulties
or unnecessary hardships inconsistent with the general purpose and intent of this Plan;
b. There are exceptional circumstances or conditions applicable to the property or to the
intended development of the property which do not apply generally to other properties
having the same standards, restrictions, and controls;
c. Permitting a variance will not be materially detrimental to the public welfare or
injurious to property or improvements in the area; and
d. Permitting a variance will not be contrary to the objectives of this Plan or of the
applicable comprehensive plan.
No variance shall be granted which changes a basic land use or which permits other than a
minor departure from the provisions of this Plan. In permitting any such variance, the Agency shall
impose such conditions as are necessary to protect the public peace, health, safety, or welfare and
to assure compliance with the purposes of this Plan. Any variance permitted by the Agency
hereunder shall not supersede any other approval required under applicable codes and ordinances.
SECTION 407.4: Design for Development
Any development within the Project Area must comply with the applicable zoning
ordinance regarding land use, heights, setbacks, and other standards.
SECTION 500: METHODS OF FINANCING THE PROJECTS
SECTION 501: General Description of the Proposed Financing Method
The Agency intends to fund all Projects and other Plan activities with a combination of
revenue allocation funding and bonding. The availability of revenue allocation funding is
contingent upon the rate of development within the Project Area, and the Agency intends to employ
a combination of revenue allocation funding, bonding, and other revenue sources, as such funding
methods are available throughout the life of the Plan. Detailed descriptions of the method of
financing, the time when obligations will be incurred, and fiscal impact on other taxing districts is
PLAN FOR THE CALDWELL NORTHWEST URBAN RENEWAL PROJECT AREA, Page 18
contained within the Feasibility Study, attached hereto as Attachment 7, and incorporated herein
by this reference.
The Agency is authorized to finance this Project with financial assistance from any local
government, the State of Idaho, federal government or other public entities, interest income,
Agency bonds, donations, loans from private financial institutions, the lease or sale of Agency -
owned property, revenue allocation funds as allowed by the Act, bonding, and any other available
source, public or private, including assistance from any taxing district or any public entity.
The Agency is also authorized to obtain advances, lines of credit, borrow funds, and create
indebtedness in carrying out this Plan. The principal and interest on such advances, funds, and
indebtedness may be paid from any funds available to the Agency. The City, as it is able, may also
supply additional assistance through City loans and grants for various public facilities. The City
or any other public agency may expend money to assist the Agency in carrying out this Project.
SECTION 502: Revenue Bond Funds
The Agency intends to use bonding as a means of financing the Plan and the Projects, as
allowed by Law and subject to such restrictions as are imposed by Law, including, but not limited
to, Idaho Code §§ 50-2909, 50-2910, and 50-2012. Detailed descriptions of the implementation of
bonds are contained within the Economic Feasibility Study. The rate of development within the
Project Area will inform the Agency when making the specific decisions on when to implement
bonding in order to finance all or any part of the Projects. Neither the members of the Agency nor
any persons executing the bonds shall be liable personally on the bonds by reason of their issuance.
SECTION 503: Other Loans and Grants
Any other loans, grants, guarantees, or financial assistance from the United States, the state
of Idaho, CDBG funds, or any other public or private source will be utilized if available. The
Agency may consider funding sources through Local Improvement Districts, Business
Improvement Districts, Community Infrastructure Districts, or similar districts as authorized by
state law. Neither the members of the Agency nor any persons executing such loans or grants shall
be liable on the loans or grants by reason of their issuance.
The Agency also intends to seek appropriate private contributions, where applicable, to
assist in the funding of the activities described herein.
SECTION 504: Revenue Allocation Financing Provisions and Economic Feasibility
Study
The Agency hereby adopts revenue allocation financing provisions as authorized by the
Act, effective retroactively to January 1, 2019. The Agency shall take all actions necessary or
convenient to implement these revenue allocation financing provisions. The Agency shall create a
special fund into which the County Treasurer shall deposit allocated revenues as provided in Idaho
Code Section 50-2908. The Agency shall use said funds in accordance with the Act, the Law, and
this Plan.
As authorized by the Law and the Act, and as described in this Plan, the Agency shall
obtain financing for the Projects from increment financing generated within the Project Area,
which is the same area as the Revenue Allocation Area. Funding is generated when new growth
within the Project Area, generated by the economic development activities the Agency engages in
pursuant to this Plan, increases the value of the properties within the Project Area. Said increased
PLAN FOR THE CALDWELL NORTHWEST URBAN RENEWAL PROJECT AREA, Page 19
value is taxed at levy rates set by overlapping taxing districts, and the revenue generated by said
taxes is allocated to the Agency.
A full description of the goals, feasibility, projections, estimates, effects, and timeline for
the Revenue Allocation Area is contained within the Economic Feasibility Study for the Project
Area, attached hereto as Attachment 7, and incorporated herein by this reference. The Study
constitutes the financial analysis required by the Act and is based upon existing information from
the Agency and City. Projections are based upon prior urban renewal area date, as well as input
from the Agency, public agencies, property owners, developers, and others.
SECTION 504.1: Assumptions and Conditions/Economic Feasibility Study
The information contained in this Plan, including in the Economic Feasibility Study of
Attachment 7 assumes certain completed and projected actions and Projects. Under the provisions
of the Act, the revenue allocation shall continue until the debt or other obligations or other Project
activity is completed or satisfied. All debt is projected to be repaid no later than the duration period
of the Plan. The total amount of bonded indebtedness (and all other loans or indebtedness) and the
amount of revenue generated by revenue allocation are dependent upon the extent and timing of
private development. Should all of the development take place faster than as projected,
indebtedness could be extinguished earlier, dependent upon the bond sale documents, the Projects,
or other legal obligations. Should private development take longer to materialize, or should the
private development be substantially less than projected, then the amount of revenue generated
will be substantially reduced and debt may continue for the Plan's full term.
The Plan and Attachments incorporate estimates and projections based on the Agency's
present knowledge and expectations. The Agency reserves the right to make minor alterations to
the sequence and scope of the Projects if necessitated by then -current circumstances within the
Project Area.
The assumptions set forth in the Study are based upon the best information available to the
Agency through public sources or discussions with property owners, developers, and others. The
information has been analyzed by the Agency and its consultants in order to provide an analysis
that meets the requirements set forth under the Law and Act. At the point in time when the Agency
may seek a loan from lenders or others, a more detailed and then -current financial pro forma will
be presented to those lenders or underwriters for analysis to determine the borrowing capacity of
the Agency. As set forth herein, the Agency will prioritize the activities set forth in this Plan and
determine what funds are available and what activities can be funded.
The assumptions concerning revenue allocation proceeds are based upon certain assessed
value increases and assumed tax levy rates.
SECTION 504.2: Ten Percent Limitation
Under the Act the base assessed valuation for all revenue allocation areas cannot exceed
ten percent (10%) of the current assessed valuation of all taxable property within the City. The
total estimated assessed taxable value for the City as of January 1, 2019 is $3,107,100,083.00.
Therefore, the 10% limit is $310,710,008.30. The estimated' base assessment roll, for the Project
' The values for the base assessment roll are obtained from the Canyon County Assessor's Office. The base assessment
roll is an estimate as a function of the assessment process and when values are available. The final 2019 values will
not be known until November 2019, and therefore the 2019 values are estimates. Further, the real property and personal
property values may change as property is added to the rolls. In any event, the base values of the two (2) project areas
are well below the ten percent (10%) limitation.
PLAN FOR THE CALDWELL NORTHWEST URBAN RENEWAL PROJECT AREA, Page 20
Area as of January 1, 2019 is $36,301,650.00. The base assessment rolls for all other current
Agency revenue allocation areas is $105,175,412.00. The estimated total value of all Agency
revenue allocation areas after the implementation of this Plan is $141,477,062.00, which is about
4.55% of the total taxable value of the City of Caldwell. This is well under the limit. Therefore,
the base assessment roll for all revenue allocation areas does not exceed ten percent (10%) of the
assessed value for the City.
SECTION 504.3: Financial Limitation
While the Agency intends to fund most or all of the Projects with a combination of
increment funding and bonding, as specifically set forth in the Feasibility Study, the use of any
particular financing source for any particular purpose is not assured. The amount of funds available
to the Agency from revenue allocation financing is directly related to the assessed value of new
improvements within the RAA. If revenue allocation funds are unavailable for certain Projects, the
Agency will need to use a different funding source for said Projects or adjust the priority, or limit
the scope of said Projects.
The Feasibility Study identifies a detailed list of estimated Project costs, a description of
the methods of financing said Project costs, and the time when related costs or monetary
obligations are anticipated to be incurred. The Feasibility Study has taken inflation and increases
in construction costs into account. Based on these funding sources, the conclusion is that
completion of substantial Projects is feasible.
SECTION 504.4: Impact on Other Taxing Districts and Levy Rate
A specific delineation of tax dollars generated by revenue allocation upon each taxing
district underlying the Project Area is included in the Feasibility Study, as well as an analysis of
the fiscal impact of the revenue allocation are, both until and after the bonds are repaid, upon all
taxing districts levying taxes upon property on the RAA. The amounts set forth in the Study may
not constitute the amounts distributed to the other taxing entities from the RAA if there were no
urban renewal Project. The anticipated development under the Plan and associated income would
presumably be less without the implementation of this Plan. New value growth identified in the
Study is a function of the efforts of the planning and public investment associated with this Plan.
For Tax Year 2018, the taxing districts underlying the Project Area, and their rates, are as follows:
Taxing District Levies: Levy Rate:
Canyon County Ambulance District.............................0.000221427
Caldwell Rural Fire District.......................................0.00174696
Caldwell School # 132 .............................................0.004189121
Canyon County ..................................................... 0.004151936
Canyon County Highway District #4 ............................0.001401544
The College of Western Idaho .................................... 0.000153551
The Middleton Fire District ....................................... 0.001965731
The Canyon County Mosquito Abatement District............ 0.000167752
The Notus-Parma Highway District #2 ..........................0.001774158
Flood Control District #11 ........................................ (Unknown)
Canyon County Weed and Pest Control District ............... 0/000046814
PLAN FOR THE CALDWELL NORTHWEST URBAN RENEWAL PROJECT AREA, Page 21
Idaho Code Sections 50-2908, 63-803, and 63-811 provide that an urban .renewal agency
shall not be entitled to revenue allocation proceeds from certain levy increases which are allowed
by either specific statutory authorization or approved by an election of the qualified electors of the
particular taxing district. The Study and this Plan have taken these limitations into account.
SECTION 505: Participation of LIDS .
Under the Idaho Local Improvement District Code, Chapter 17, Title 50, Idaho Code, the
City has the authority to establish local improvement districts: ("LID") for various public facilities,
including; but not limited to, streets, -curbs, gutters; sidewalks, storm drains, landscaping, and other
like facilities. To the extent.allowed by the Law -and the Act, the Agency reserves the authority,.
but not the obligation, to participate in the funding of LID facilities. This paiticipation'may include
either direct funding to reduce the overall cost of the LID onto participate as an _assessed entity to
finance :the LID project.: Similarly; to :the extent allowed :by the Law and. the Act, 'the Agency
reserves the authority, but not the obligation, to participate, in the funding of. community,
infrastructure district facilities under the Community Infrastructure District Act, Chapter 3-1, Title
50, Idaho Code, or similar districts.
SECTION 506: Lease Revenue, Parking Revenue; and Bonds .
Under the Law, the Agency is authorized to issue revenue bonds to finance certain public
improvements identified .in the Plan. The Agency is currently authorized to construct a Parking.
Facilityand Commercial Building, as -defined in the Feasibility Study and Attachment 4: Revenue
may be generated through rental or parking fees_:from said improvement. Such revenue: is- not
related to 'revenue allocation funding, .and, therefore, provides a funding source for the Agency to
continue -to own -and operate the facilities beyond, the term of the: Plan as allowed byIdaho Code
Section 50-2905(7). The Agency is authorized by this Plan to construct the Parking Facility and
Commercial Building and retain them beyond the termination of this Plan, and the Agency is
authorized to use :revenue: derived from the same for the. purposes .describedin this Section, both
before and.after the termination of the Plan.
SECTION 600: ACTIONS BY THE .CITY.
The Cityshall aid and cooperate with the Agency in carrying: out this: Plan and shall take.
all actions.necessary to. ensure the continued; fulfillment of the. purposes of this Plan and to prevent
the recurrence or spread in the area of conditions causing deterioration. Actions by the City shall
include; but not be limited to, the following:
a. .Institution and completion -of proceedings necessary for changes-and.improvements in
the private :and publicly -owned property,. rights=of..way, or public utilities within or
affecting the Project Area. ,
b. Revision of zoning (if necessary) within the Project Area to permit :the land uses and
;development authorized by this Plan.
c.. Imposition wherever" necessary (by conditional use permits or .other means) of
appropriate controls within the limits of this Plan upon parcels in the Project Area to
-ensure proper development and use.
d. Provision:for administrative enforcement of this:Plan by the:.City after. development.
The City and the Agency may develop and provide for enforcement of a program for -
continued maintenance by. owners :of all real property, both public: and private; within: -
the Project Area throughout the duration of this Plan.
e.: Building Code. enforcement.
PLAN FOR THE CALDWELL NORTHWEST URBAN RENEWAL PROJECT AREA --Page 22
f.: Preservation of historical sites...
g. Performance of the above actions and of all other functions and services relating to
public peace, health, safety, and. physical development normally rendered :in
accordance with a schedule which will permit the. redevelopment of the Project Area to
be commenced and carried to completion without unnecessary delays.
It. Institution and: completion of proceedings necessary for the consideration. of an LID,
business improvement_district (under Chapters 17 and 26, Title 50, Idaho Code), and
-similar districts if requested.: -
i. The undertaking and completing of any other proceedings necessary to carry out the
Plan.
j. .Administration of Community Development Block.Grant funds and other state and
federal grant funds that may be made available for purposes of the Plan.
k. Appropriate agreements: - with the Agency, for administration, : supporting services,
funding sources, and the like.
The foregoing actions to be taken by the City do not constitute any commitment for .financial .
outlays by the City.
SECTION 601: Maintenance of Public Improvements =
The Agency has not identified:any commitment or obligation for long-term maintenance;: .
of the public improvements identified. The Agency will need to address this issue with .the
privatewho who has benefited from: or is: involved: in the ongoing
appropriate entity, public or pr
preservation of the .public -improvement-. The Agency currently intends to convey any and all public--
improvements,.over which it obtains an ownership interest, to the City, prior to the termination, of
the Plan. This Section does not apply to the Parking Facility or Commercial Building.
SECTION 700: ENFORCEMENT
The administration and enforcementof this Plan, including the preparation and execution
of any documents implementing this Plan; shall be performed by the Agency and/or the City..
The provisions of this Plan or other documents entered into pursuant to this Plan may also
be enforced by court litigation instituted by: either the Agency or the City. Such remedies may
include, but are not limited to, specific performance,damages; reentry; injunctions; or any other
remedies appropriate to the purposes of this Plan. In'addition, any recorded. provisions which are
expressly for the.benefit of owners of property in the Project Area may be enforced by such owners...
SECTION 800: DURATION OF THIS PLAN
The provisions of this Plan shall be effective for 20: years from the date of the- adoption :of:
'this Plan by the City Council. This Plan shall terminate no'later than October T, 2039. The Agency
may elect to terminate the Plan at any time, pursuant to the processes contained within Section 900
of this plan.
SECTION 900: PROCEDURES FOR END OF PLAN, TERMINATION, AND ASSET
RETENTION
... In the year in which it is estimated that.Plan revenues are sufficient to .cover all remaining.
estimated expenses and Project Costs for this Plan, the Agency shall adopt a resolution advising
and notifying the Caldwell City Council, the Canyon County auditor, and the state tax commission
PLAN FOR THE CALDWELL NORTHWEST URBAN RENEWAL PROJECT AREA, Page 23
of the existence of sufficient revenues to cover all estimated. expenses .and Project Costs for this
Plan, and shall recommend the adoption of an ordinance for the termination of this Plan's Revenue
Allocation Area by December 31 of that year. The Agency,shall.cause said ordinance to be filed
with the office of the Canyon.County recorder, as well as the Idaho State Tax Commission, as
provided in Idaho Code 63 -215. -Any money collected in excess of the amount necessary to pay
for all expenses and Project Costs shall be declared to be a surplus and shall be distributed as
property taxes pursuant to Idaho Code 50-2909. Upon the occurrence of the foregoing events and
actions, the Agency :shall cease to receive increment funding: and the taxing districts overlapping
With the.Project Area shall be counted as new construction' for the various taxing districts in the
following_ year.
This Plan and :the Economic Feasibility Study recognize that .the Agency. shall receive
allocation. of revenue in the, calendar -year following. the.' last year. of the revenue allocation
provision described in this Plan, and the same has been accounted for in both this Plan and the
Study.
This Plan contemplates the.retention of certain assets, as'described in Seetion 401, beyond
the termination of this Plan.
If the Revenue Allocation Area is terminated prior to the end of the twenty (20) year plan
period, the Agency : shall continue to carry out: -the purposes of this -Plan until all Projects
contemplated by this Plan are completed.
Ih.no event shall the effective period of this Plan exceed a period of twenty (20).years.
SECTION 1000: PROCEDURE FOR:AMENDING AND: UPDATING THE. PLAN
The Plan may only be modified in compliance with the Law :and the Act. Under- :the Law .
-and the Act, the following shall not constitute a modification to the Plan:
i.
There: is a plan amendment to make technical;or ministerial changes to a plan that
does not involve an increase in .the use of revenues allocated to the agency pursuant
to section 50-2908, Idaho Code;:. .
There is.a plan amendment to accommodate an increase in the revenue allocation
area boundary as permitted in section -50-2033; Idaho Code;
iii. There is a. plan amendment . to accommodate a de -annexation in the -revenue-
allocation, area boundary; or
IV. There: is a plan amendment to support growth of an existing commercial or
industrial project in an existing revenue allocation area; subject to the provisions of
section 50=2905A, Idaho. Code:
The Plan may be -further modified as allowed, either -now or in the future, by the Law. and
the -Act, as they may be amended: =
•SECTION 1100: SEVERABILITY'
If any one or:more of the provisions-contained.in this Plan to be performed on the:part of
the Agency shall be declared by any court of competent jurisdiction to be contrary to.law, then. .
such provision or- provisions shall be null and -void and :shall =be deemed :separable : from the
remaining provisions in this Plan.and shall in no way.affect the.validity of the other provisions of
this Plan.. -
SECTION 1200: ANNUAL REPORT
PLAN FOR THE CALDWELL-NORTHWEST URBAN RENEWAL PROJECT AREA, Page 24
Under the Law.the Agency, is required to file with the -City on or before March 31 of each
year a report of the Agency's activities for the preceding calendar year which report shall include
a complete financial statement settingforth its assets liabilities income and operating expenses as. .
of the end of such.. calendar year. The report must also contain information related to any
modifications made to the plan; or a verification that no modifications,have been made to the Plan
Additionally, House Bill 560adopted by the 62nd Idaho Legislature, Second Regular
Session, codified at Idaho Code Section 67-450E; requires. the Agency to comply with.certain
reporting requirements. On or. before December 1- of each year, the Agency must submit to the
online central registry certain administrative information and financial information, including
information regarding bonds or other indebtedness. Failure to comply: with the mandatory -
reporting :requirements: may .result in. compliance- measures imposed by Idaho State Tax
Commission-. The Agency shall comply with all reporting requirements contained within the Law
and the Act.
PLAN FOR THE CALDWELL NORTHWEST URBAN RENEWAL PROJECT AREA, Page 25