S1505aa...................................................by TRANSPORTATION URBAN RENEWAL - Amends existing law to include counties as authorized municipalities for purposes of creating an urban renewal area or competitively disadvantaged border community area; to provide that a revenue allocation provision included in an urban renewal plan or competitively disadvantaged border community area ordinance shall not extend for more than twenty-four years; and to provide for extensions in certain circumstances. 02/21 Senate intro - 1st rdg - to printing 02/22 Rpt prt - to Loc Gov 03/02 Rpt out - to 14th Ord 03/03 Rpt out amen - to engros 03/06 Rpt engros - 1st rdg - to 2nd rdg as amen 03/07 2nd rdg - to 3rd rdg as amen 03/14 3rd rdg as amen - PASSED - 30-0-5 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Danielson, Davis, Deide, Dunklin, Frasure, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Schroeder, Sorensen, Stegner, Stennett, Thorne, Whitworth, Williams NAYS--None Absent and excused--Crow, Darrington, Geddes, Sandy, Wheeler Floor Sponsor - Frasure Title apvd - to House 03/15 House intro - 1st rdg as amen - to Rev/Tax 03/24 Rpt out - rec d/p - to 2nd rdg as amen 03/27 2nd rdg - to 3rd rdg as amen 04/03 3rd rdg as amen - PASSED - 58-2-10 AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Black, Boe, Bruneel, Campbell, Chase, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher(Loertscher), Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Sellman, Shepherd, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wood, Zimmermann NAYS -- Bieter, Callister Absent and excused -- Cheirrett, Clark, Crow, Geddes, Gould, Moss, Schaefer, Smith, Wheeler, Mr Speaker Floor Sponsor - Kempton Title apvd - to Senate 04/04 To enrol - rpt enrol - Pres signed 04/05 Sp signed 04/06 To Governor 04/14 Governor signed Session Law Chapter 275 Effective: 07/01/00
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE SENATE SENATE BILL NO. 1505, As Amended BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO URBAN RENEWAL AGENCIES; AMENDING SECTION 50-2903, IDAHO CODE, TO 3 REDEFINE "AUTHORIZED MUNICIPALITY" TO INCLUDE A COUNTY, TO REDEFINE 4 "COMPETITIVELY DISADVANTAGED BORDER COMMUNITY AREA" TO INCLUDE LAND SOLELY 5 WITHIN A COUNTY, TO REDEFINE "CLERK" TO INCLUDE A COUNTY CLERK, TO REDE- 6 FINE "LOCAL GOVERNING BODY" TO INCLUDE A BOARD OF COUNTY COMMISSIONERS AND 7 TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 50-2904, IDAHO CODE, TO 8 PROVIDE THAT NO REVENUE ALLOCATION PROVISION OF AN ORDINANCE ESTABLISHING 9 AN URBAN RENEWAL PLAN OR COMPETITIVELY DISADVANTAGED BORDER COMMUNITY AREA 10 SHALL HAVE A DURATION EXCEEDING TWENTY-FOUR YEARS FROM THE DATE THE ORDI- 11 NANCE IS APPROVED BY THE MUNICIPALITY AND TO PROVIDE FOR EXTENSION OF THE 12 DURATION IN CERTAIN CIRCUMSTANCES; AND AMENDING SECTION 50-2906, IDAHO 13 CODE, TO PROVIDE THAT SUCH NOTICE SHALL INCLUDE A PROPOSAL TO CREATE A 14 COMPETITIVELY DISADVANTAGED COMMUNITY AREA. 15 Be It Enacted by the Legislature of the State of Idaho: 16 SECTION 1. That Section 50-2903, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 50-2903. DEFINITIONS. The following terms used in this chapter shall have 19 the following meanings, unless the context otherwise requires: 20 (1) "Act" or "this act" means this revenue allocation act. 21 (2) "Agency" or "urban renewal agency" means a public body created pursu- 22 ant to section 50-2006, Idaho Code. 23 (3) "Authorized municipality" or "municipality" means any county or 24 incorporated city which has established an urban renewal agency, or by ordi- 25 nance has identified and created a competitively disadvantaged border commu- 26 nity. 27 (4) "Base assessment roll" means the equalized assessment rolls, for all 28 classes of taxable property, on January 1 of the year in which the local gov- 29 erning body of an authorized municipality passes an ordinance adopting or mod- 30 ifying an urban renewal plan containing a revenue allocation financing provi- 31 sion, except that the base assessment roll shall be adjusted as follows: the 32 equalized assessment valuation of the taxable property in a revenue allocation 33 area as shown upon the base assessment roll shall be reduced by the amount by 34 which the equalized assessed valuation as shown on the base assessment roll 35 exceeds the current equalized assessed valuation of any taxable property 36 located in the revenue allocation area, and by the equalized assessed valua- 37 tion of taxable property in such revenue allocation area that becomes exempt 38 from taxation subsequent to the date of the base assessment roll. The equal- 39 ized assessed valuation of the taxable property in a revenue allocation area 40 as shown on the base assessment roll shall be increased by the equalized 41 assessed valuation, as of the date of the base assessment roll, of taxable 42 property in such revenue allocation area that becomes taxable after the date 43 of the base assessment roll. 2 1 (5) "Clerk" means the cityclerk of the municipality. 2 (6) "Competitively disadvantaged border community area" means a parcel of 3 land consisting of at least forty (40) acres which is situated within the 4 boundariesjurisdiction of a county or an incorporated city and within twenty- 5 five (25) miles of a state or international border, which the governing body 6 of such county or incorporated city has determined by ordinance is disadvan- 7 taged in its ability to attract business, private investment, or commercial 8 development, as a result of a competitive advantage in the adjacent state or 9 nation resulting from inequities or disparities in comparative sales taxes, 10 income taxes, property taxes, population or unique geographic features. 11 (7) "Deteriorated area" means: 12 (a) Any area, including slum area, in which there is a predominance of 13 buildings or improvements, whether residential or nonresidential, which by 14 reason of dilapidation, deterioration, age or obsolescence, inadequate 15 provision for ventilation, light, air, sanitation, or open spaces, high 16 density of population and overcrowding, or the existence of conditions 17 which endanger life or property by fire and other causes, or any combina- 18 tion of such factors, is conducive to ill health, transmission of disease, 19 infant mortality, juvenile delinquency, or crime, and is detrimental to 20 the public health, safety, morals or welfare. 21 (b) Any area which by reason of the presence of a substantial number of 22 deteriorated or deteriorating structures, predominance of defective or 23 inadequate street layout, faulty lot layout in relation to size, adequacy, 24 accessibility or usefulness, insanitary or unsafe conditions, deteriora- 25 tion of site or other improvements, diversity of ownership, tax or special 26 assessment delinquency exceeding the fair value of the land, defective or 27 unusual conditions of title, or the existence of conditions which endanger 28 life or property by fire and other causes, or any combination of such fac- 29 tors, results in economic underdevelopment of the area, substantially 30 impairs or arrests the sound growth of a municipality, retards the provi- 31 sion of housing accommodations or constitutes an economic or social lia- 32 bility and is a menace to the public health, safety, morals or welfare in 33 its present condition and use. 34 (c) Any area which is predominately open and which because of obsolete 35 platting, diversity of ownership, deterioration of structures or improve- 36 ments, or otherwise, results in economic underdevelopment of the area or 37 substantially impairs or arrests the sound growth of a municipality. The 38 provisions of section 50-2008(d), Idaho Code, shall apply to open areas. 39 (d) Any area which the local governing body certifies is in need of rede- 40 velopment or rehabilitation as a result of a flood, storm, earthquake, or 41 other natural disaster or catastrophe respecting which the governor of the 42 state has certified the need for disaster assistance under any federal 43 law. 44 (e) Any area which by reason of its proximity to the border of an adja- 45 cent state is competitively disadvantaged in its ability to attract pri- 46 vate investment, business or commercial development which would promote 47 the purposes of this chapter. 48 (8) "Facilities" means land, rights in land, buildings, structures, 49 machinery, landscaping, extension of utility services, approaches, roadways 50 and parking, handling and storage areas, and similar auxiliary and related 51 facilities. 52 (9) "Local governing body" means the city council or board of county com- 53 missioners of a municipality. 54 (10) "Plan" or "urban renewal plan" means a plan, as it exists or may from 55 time to time be amended, prepared and approved pursuant to section 50-2008, 3 1 Idaho Code, and any method or methods of financing such plan, which methods 2 may include revenue allocation financing provisions. 3 (11) "Project" or "urban renewal project" or "competitively disadvantaged 4 border areas" may include undertakings and activities of a municipality in an 5 urban renewal area for the elimination of deteriorated or deteriorating areas 6 and for the prevention of the development or spread of slums and blight, and 7 may involve slum clearance and redevelopment in an urban renewal area, or 8 rehabilitation or conservation in an urban renewal area, or any combination or 9 part thereof in accordance with an urban renewal plan. Such undertakings and 10 activities may include: 11 (a) Acquisition of a deteriorated area or a deteriorating area or portion 12 thereof; 13 (b) Demolition and removal of buildings and improvement; 14 (c) Installation, construction, or reconstruction of streets, utilities, 15 parks, playgrounds, open space, off-street parking facilities, public 16 facilities, public recreation and entertainment facilities or buildings 17 and other improvements necessary for carrying out, in the urban renewal 18 area or competitively disadvantaged border community area, the urban 19 renewal objectives of this act in accordance with the urban renewal plan 20 or the competitively disadvantaged border community area ordinance. 21 (d) Disposition of any property acquired in the urban renewal area or the 22 competitively disadvantaged border community area (including sale, initial 23 leasing or retention by the agency itself) or the municipality creating 24 the competitively disadvantaged border community area at its fair value 25 for uses in accordance with the urban renewal plan except for disposition 26 of property to another public body; 27 (e) Carrying out plans for a program of voluntary or compulsory repair 28 and rehabilitation of buildings or other improvements in accordance with 29 the urban renewal plan; 30 (f) Acquisition of real property in the urban renewal area or the compet- 31 itively disadvantaged border community area which, under the urban renewal 32 plan, is to be repaired or rehabilitated for dwelling use or related 33 facilities, repair or rehabilitation of the structures for guidance pur- 34 poses, and resale of the property; 35 (g) Acquisition of any other real property in the urban renewal area or 36 competitively disadvantaged border community area where necessary to elim- 37 inate unhealthful, insanitary or unsafe conditions, lessen density, elimi- 38 nate obsolete or other uses detrimental to the public welfare, or other- 39 wise to remove or to prevent the spread of blight or deterioration, or to 40 provide land for needed public facilities or where necessary to accomplish 41 the purposes for which a competitively disadvantaged border community area 42 was created by ordinance; 43 (h) Lending or investing federal funds; and 44 (i) Construction of foundations, platforms and other like structural 45 forms. 46 (12) "Project costs" includes, but is not limited to: 47 (a) Capital costs, including the actual costs of the construction of pub- 48 lic works or improvements, facilities, buildings, structures, and perma- 49 nent fixtures; the demolition, alteration, remodeling, repair or recon- 50 struction of existing buildings, structures, and permanent fixtures; the 51 acquisition of equipment; and the clearing and grading of land; 52 (b) Financing costs, including interest during construction and capital- 53 ized debt service or repair and replacement or other appropriate reserves; 54 (c) Real property assembly costs, meaning any deficit incurred from the 55 sale or lease by a municipality of real or personal property within a rev- 4 1 enue allocation district; 2 (d) Professional service costs, including those costs incurred for archi- 3 tectural, planning, engineering, and legal advice and services; 4 (e) Direct administrative costs, including reasonable charges for the 5 time spent by municipal employees in connection with the implementation of 6 a project plan; 7 (f) Relocation costs; 8 (g) Other costs incidental to any of the foregoing costs. 9 (13) "Revenue allocation area" means that portion of an urban renewal area 10 or competitively disadvantaged border community area the equalized assessed 11 valuation (as shown by the taxable property assessment rolls) of which the 12 local governing body has determined, on and as a part of an urban renewal 13 plan, is likely to increase as a result of the initiation of an urban renewal 14 project or competitively disadvantaged border community area. The base assess- 15 ment roll or rolls of revenue allocation area or areas shall not exceed at any 16 time ten percent (10%) of the current assessed valuation of all taxable prop- 17 erty within the municipality. 18 (14) "State" means the state of Idaho. 19 (15) "Tax" or "taxes" means all ad valoremproperty tax levies upon tax- 20 able property. 21 (16) "Taxable property" means taxable real property, personal property, 22 operating property, or any other tangible or intangible property included on 23 the equalized assessment rolls. 24 (17) "Taxing district" means a taxing district as defined in section 25 63-201, Idaho Code, as that section now exists or may hereafter be amended. 26 SECTION 2. That Section 50-2904, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 50-2904. AUTHORITY TO CREATE REVENUE ALLOCATION AREA. An authorized 29 municipality is hereby authorized and empowered to adopt, at any time, a reve- 30 nue allocation financing provision, as described in this chapter, as part of 31 an urban renewal plan or competitively disadvantaged border community area 32 ordinance. A revenue allocation financing provision may be adopted either at 33 the time of the original adoption of an urban renewal plan or the creation by 34 ordinance of a competitively disadvantaged border community area or thereafter 35 as a modification of an urban renewal plan or the ordinance creating the com- 36 petitively disadvantaged border community area. Urban renewal plans existing 37 prior to the effective date of this section may be modified to include a reve- 38 nue allocation financing provision. Except as provided below, no revenue allo- 39 cation provision of an urban renewal plan or competitively disadvantaged bor- 40 der community area ordinance, including all amendments thereto, shall have a 41 duration exceeding twenty-four (24) years from the date the ordinance is 42 approved by the municipality. The duration of the revenue allocation financ- 43 ing provision may be extended if: 44 (1) The maturity date of any bonds issued to provide funds for a specific 45 project in the revenue allocation area and payable from the revenue allocation 46 financing provision exceeds the duration of the revenue allocation financing 47 provision, provided such bond maturity is not greater than thirty (30) years; 48 or 49 (2) The urban renewal agency determines that it is necessary to refinance 50 outstanding bonds payable from the revenue allocation financing provision to a 51 maturity exceeding the twenty-four (24) year duration of the revenue alloca- 52 tion financing provision in order to avoid a default on the bonds; and 53 (3) During the extensions set forth in subsections (1) and (2) of this 5 1 section, any revenue allocation revenues exceeding the amount necessary to 2 repay the bonds during the period exceeding the twenty-four (24) year maturity 3 of the revenue allocation financing provision shall be returned to the taxing 4 districts in the revenue allocation area on a pro rata basis. 5 SECTION 3. That Section 50-2906, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 50-2906. PUBLIC HEARING AND ORDINANCE REQUIRED. (1) To adopt a new urban 8 renewal plan or create a competitively disadvantaged border community area 9 containing a revenue allocation financing provision, the local governing body 10 of an authorized municipality must enact an ordinance in accordance with chap- 11 ter 9, title 50, Idaho Code, and section 50-2008, Idaho Code. To modify an 12 existing urban renewal plan, to add or change a revenue allocation, an autho- 13 rized municipality must enact an ordinance in accordance with chapter 9, title 14 50, Idaho Code, and conduct a public hearing as provided in section 15 50-2008(c), Idaho Code. No urban renewal project, plan, competitively disad- 16 vantaged border community area or modification thereto shall be held ineffec- 17 tive for failure to comply with the requirements of this section if compliance 18 with the section is substantial and in good faith. 19 (2) A revenue allocation financing provision adopted in accordance with 20 this chapter shall be effective retroactively to January 1 of the year in 21 which the local governing body of the authorized municipality enacts such 22 ordinance. 23 (3) The local governing body of an authorized municipality shall prepare 24 a notice stating (a) that an urban renewal plan or modification thereto or a 25 competitively disadvantaged border community area has been proposed and is 26 being considered for adoption, and that such plan or modification thereto or 27 proposal to create a competitively disadvantaged border community area con- 28 tains a revenue allocation financing provision that will cause property taxes 29 resulting from any increases in equalized assessed valuation in excess of the 30 equalized assessed valuation as shown on the base assessment roll to be allo- 31 cated to the agency for urban renewal and competitively disadvantaged border 32 community area purposes; and (b) that a public hearing on such plan or modifi- 33 cation will be held by the local governing body pursuant to section 34 50-2008(c), Idaho Code. The notice shall also state the time, date, and place 35 of the hearing. At least thirty (30) days but not more than sixty (60) days 36 prior to the date set for final reading of the ordinance, the local governing 37 body shall publish the notice in a newspaper of general circulation and trans- 38 mit the notice, together with a copy of the plan and recommendation of the 39 urban renewal agency or the municipality which by ordinance created the com- 40 petitively disadvantaged border community area, to the governing body of each 41 taxing district which levies taxes upon any taxable property in the revenue 42 allocation area and which would be affected by the revenue allocation financ- 43 ing provision of the urban renewal plan proposed to be approved by the local 44 governing body.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 Moved by Frasure Seconded by Ipsen IN THE SENATE SENATE AMENDMENTS TO S.B. NO. 1505 1 AMENDMENT TO SECTION 1 2 On page 2 of the printed bill, in line 10, delete "boundaries" and insert: 3 " boundariesjurisdiction". 4 AMENDMENT TO SECTION 3 5 On page 5, delete lines 51 through 53; and on page 6, delete lines 1 6 through 9. 7 CORRECTION TO TITLE 8 On page 1, delete lines 13 through 20, and insert: "CODE, TO PROVIDE THAT 9 SUCH NOTICE SHALL INCLUDE A PROPOSAL TO CREATE A COMPETITIVELY DISADVANTAGED 10 COMMUNITY AREA.".
STATEMENT OF PURPOSE RS10108 This legislation amends Urban Renewal to place limits on how long property values can be held of the county tax base. It also includes boards of County Commissioners in the decision making process. FISCAL NOTE No impact on General Fund. Creates a positive impact on local property taxes by assuring a return to the tax base properties in urban renewal areas. CONTACT: Senator Evan Frasure Phone: 332-1315 STATEMENT OF PURPOSE/ FISCAL NOTE S1505