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HomeMy WebLinkAboutORD 2480C3 C=2 c= t c7 C7.1 C' ) M M C=) rrl o w r � lic __ 1 1 BILL NO.27 F -+ G•, ORDINANCE NO. 2480 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO APPROVING 2003 AMENDMENTS TO THE URBAN RENEWAL PLAN, WORKABLE PROGRAM AND IMPLEMENTATION PLAN FOR THE CALDWELL EAST URBAN RENEWAL PROJECT; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY, STATE AND OTHER OFFICIALS; PROVIDING FOR A LIMITATION ON ACTIONS AGAINST THE AMENDMENTS AFTER 30 DAYS FROM THE EFFECTIVE DATE OF THE ORDINANCE; PROVIDING FOR A WAIVER OF THE READING RULES; PROVIDING FOR SEPARABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Urban Renewal Agency of the City of Caldwell, Idaho (hereafter the "Agency ") was established on October 19, 1998, by Resolution No. 89 -98 of the City Council of the City of Caldwell, Idaho (hereafter the "City Council "); and WHEREAS, on December 21, 1998 the City Council passed Ordinance No. 2250 approving an urban renewal plan for the Agency which plan contained a workable program/implementation plan setting forth revenue allocation financing provisions (hereafter 1998 Plan); and WHEREAS, pursuant to Idaho Code Sections 50- 2008(e) and 50 -2904 the 1998 Plan and its revenue allocation financing provisions may be modified at any time; and WHEREAS, on September 2, 2003, the Agency met and considered the 2003 AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE CALDWELL EAST URBAN RENEWAL PROJECT INCLUDING WORKABLE PROGRAM/Il1iPLBMENTATION PLAN (hereafter, the "2003 AMENDMENTS' and by unanimous vote adopted its Resolution No. 03- #2, recommending to City Council the adoption of the 2003 AMENDMENTS. The 2003 AMENDUMNTS are attached hereto and incorporated herein by this reference as Exhibit "A" and Resolution No. 0342 is attached hereto and incorporated herein by this reference as Exhibit "B "; and WHEREAS, on September 10, 2003, the Caldwell Planning and Zoning Commission reviewed the 2003 AMENDMENTS and by its Resolution No. PZ- 03.01 has approved the 2003 AMENDMENTS as being in conformity with the City's Comprehensive Plan. Resolution No. PZ -03 -01 is attached hereto and incorporated herein by this reference as Exhibit "C"; and WHEREAS, on September 29, 2003, the City Council by Resolution No. 91 -03 determined certain property, in addition to the project area described in the 1998 Plan, to be a deteriorated area or a deteriorating area or a combination thereof and designated the area as ,appropriate for an urban renewal project in connection with the Caldwell East Urban Renewal �o r r N I � E ORDINANCE —Page I Area. Resolution No. 91 -03 is attached hereto and incorporated herein by this reference as Exhibit "D "; and WHEREAS, on August 28, 2003, the Notice of Public Hearing was published in the Idaho Press - Tribune, the official newspaper for public records in the City, and also was sent to governing bodies of the City of Caldwell, Canyon County, Caldwell School District No. 132, Caldwell Rural Fire District, Canyon County Pest Control District, Canyon County Ambulance District, and the Canyon Highway District No. 4, setting the date for a public hearing to be held on Monday, September 29, 2003, at 12 :00 o'clock, noon, for consideration of the adoption of the 2003 AMENDMENTS, Exhibit "E ", the Affidavit of Publication, and Exhibit "F ", the Affidavit of Mailing, are attached hereto and incorporated herein by this reference; and WHEREAS, on September 29, 2003, at 12:00 o'clock, noon, the Caldwell City Council held a public hearing on consideration of the adoption of the 2003 AMENDMENTS; and WHEREAS, as required by applicable law, the 2003 AMENDMENTS contain the following information which was made available to the general public and all taxing districts with taxing authority in the area identified in Attachment Nos. 1 and 2 to the 2003 AMENDMENTS (hereafter the "Project Area") at least thirty days prior to the September 29, 2003, meeting of the City Council: (a) a statement of the objectives of the municipality in undertaking the urban renewal project; (b) an estimate of the cost of the urban renewal project; (c) the sources of revenue to finance these costs, including estimates of revenue allocation under the Act; (d) the amount of bonded or other indebtedness to be incurred; (e) the duration of the project's existence; (f) a description of the revenue allocation area; and, (g) a statement of the estimated impact of revenue allocation financing on all taxing districts within the Revenue Allocation Area; and WHEREAS, appropriate notice of the 2003 AMENDMENTS and the revenue allocation provision contained therein has been given to the taxing districts and to the public as required by Idaho Code Section 50 -2906; and WHEREAS, it is necessary and in the best interest of the citizens of the Caldwell to adopt the 2003 AMENDMENTS in order: to encourage private development in the Project Area; to ORDINANCE -- Page 2 prevent and arrest decay of the Project Area due to the inability of existing financing methods to provide needed public improvements; to encourage taxing districts to cooperate in the allocation of future tax revenues arising in the Project Area in order to facilitate the long -term growth of their common tax base; to encourage private investment in the area and to furtlier the public , purposes of the Agency. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, IDAHO: SECTION 1. That it is hereby found and determined that; (a) The Project Area, including the expanded area added by the 2003 AMENDMENTS, as defined in City Council Resolution No. 91 -03, continues to be deteriorated or a deteriorating area as defined in the Act and qualifies as a eligible urban renewal area under the Act; (b) , The rehabilitation, conservation, and redevelopment of the Project Area pursuant to the 1998 Plan and 2003 AMENDMENTS is necessary and in the interest of the public health, safety, and welfare of the residents of the Project Area and City of Caldwell; and, . (c) There continues to be a need for the Agency to function in the Project Area and the City of Caldwell. SECTION 2. That there is not expected to be any displacement of persons. or families within the Project Area SECTION 3. That the 2003 AMENDMENTS conform to the Comprehensive Plan of the City of Caldwell, Idaho. SECTION 4. . That the said 2003 AMENDMENTS give due consideration to the provision of adequate open space, park and recreation areas and facilities that may be desirable for neighborhood improvement and shows consideration for the health, safety and welfare of any children residing in the general vicinity of the Project Area. SECTION 5. That the 2003 AMENDMENTS afford maximum opportunity, consistent with the sound needs of the City as a whole for the rehabilitation or redevelopment of the Project Area by private enterprise. SECTION 6. That the City Council finds that the Project Area and Revenue Allocation Area do no consist of predominately open land, that the Agency does not intend to acquire any open land on any widespread basis, and that the Project Area is planned to be redeveloped in a manner that will include both residential and non - residential uses. Provided, however, that the City Council does find that if portions of the Project Area and Revenue Allocation Area are ORDINANCE — Page 3 • s. deemed "open land" the criteria set forth in the Act and Title 50, Chapter 20, Idaho Code as amended, have been met, and that the City Council finds that there is a shortage of housing of sound standards and design which is decent, safe and sanitary existing in the Project Area and the City and that one of the 1998 Plan and 2003 AMENDMENTS' objectives, to increase the residential opportunity to include affordable housing, does meet the sound needs of the City for housing and will provide housing opportunity in an area that does not now contain such opportunity, and that the portion of the Project Area which is identified for non - residential uses is necessary and appropriate to facilitate the property growth and development of the community in accordance with sound planning standards and local community objectives, in accordance with the Act and the objectives of the Comprehensive Plan to overcome economic disuse, outmoded street patterns, the need for improved traffic patterns and the need for improved infrastructure and facilities in the area. SECTION �: That the 2003 AMENDMENTS, a copy of which is attached hereto and marked as Exhibit "A" and made a part hereof by attachment, be and the same hereby is _approved. SECTION 8: That upon the effective date of this Ordinance, the City Cleric is authorized and directed to transmit to the county auditor and tax assessor of Canyon County, and to the appropriate officials of Caldwell School District No. 132, Caldwell Rural Fire District No. 2, Canyon County Ambulance District, Canyon Highway District No. 4, Canyon County Pest Control District and to the State Tax Commission a copy of this Ordinance, a copy of the legal description of the boundaries of the Revenue Allocation Area, and a map or plat indicating the boundaries of the Revenue Allocation Area. SECTION 9: The City Council hereby finds and declares that the Revenue Allocation Area as defined in the 1998 Plan and 2003 AMENDMENTS includes that portion of the Project Area, the equalized assessed valuation of which the Council hereby determines in- and as part of the 1998 Plan and 2003 AMENDMENTS is likely to increase as a result of the initiation and completion of urban renewal projects. SECTION 10 No direct or collateral action attacking the 2003 AMENDMENTS shall be brought prior to the ,effective date of this Ordinance or after the elapse of thirty (30) days from and after the effective date of this Ordinance. SECTION 11 That pursuant to the affirmative vote of one -half (112) plus one (1) of the Members of the full City Council, the rule requiring two (2) separate readings by title and one (1) reading in frill be, and the same hereby is, dispensed with, and accordingly, this Ordinance shall be in full force and effect immediately upon its passage, approval and publication, and shall be retroactive to January 1, 2003, to the extent permitted by Title 50, Chapter 29, Idaho Code as amended. SECTION 12. The provisions of this Ordinance are severable and if any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid ORDINANCE — Page 4 for any reason, such declaration shall not affect the validity of remaining portions of this Ordinance. SECTION 13. That this Ordinance shall be in full force and effect from and after its passage, approval and publication. PASSED BY THE CITY COUNCIL SEPTEMBER 29, 2003. SIGNED BY THE MAYOR SEPTEMBER 29, f AGTI n1 C-� YOR ca��c�L P2�s�t�T ATTEST: C CLERK PUBLISH: October 3, 2003 (by Summary) ORDINANCE — Page 5