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H0296...............................................by REVENUE AND TAXATION
URBAN RENEWAL PLAN - Amends existing law to provide for a public hearing
and an election to approve modification of an urban renewal plan.
02/20 House intro - 1st rdg - to printing
02/21 Rpt prt - to Rev/Tax
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 296
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO URBAN RENEWAL LAW; AMENDING SECTION 50-2008, IDAHO CODE, TO PRO-
3 VIDE FOR A PUBLIC HEARING AND AN ELECTION TO APPROVE MODIFICATION OF AN
4 URBAN RENEWAL PLAN AND TO MAKE TECHNICAL CORRECTIONS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 50-2008, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 50-2008. PREPARATION AND APPROVAL OF PLAN FOR URBAN RENEWAL PROJECT --
9 MODIFICATION OF PLAN BY ELECTION. (a) An urban renewal project for an urban
10 renewal area shall not be planned or initiated unless the local governing body
11 has, by resolution, determined such area to be a deteriorated area or a dete-
12 riorating area or a combination thereof and designated such area as appropri-
13 ate for an urban renewal project.
14 (b) An urban renewal agency may itself prepare or cause to be prepared an
15 urban renewal plan, or any person or agency, public or private, may submit
16 such a plan to an urban renewal agency. Prior to its approval of an urban
17 renewal project, the local governing body shall submit such plan to the plan-
18 ning commission of the municipality, if any, for review and recommendations as
19 to its conformity with the general plan for the development of the municipal-
20 ity as a whole. The planning commission shall submit its written recommenda-
21 tions with respect to the proposed urban renewal plan to the local governing
22 body within thirty (30) days after receipt of the plan for review. Upon
23 receipt of the recommendations of the planning commission, or if no recommen-
24 dations are received within said thirty (30) days, then without such recommen-
25 dations, the local governing body may proceed with the hearing on the proposed
26 urban renewal project prescribed by subsection (c) hereof.
27 (c) The local governing body shall hold a public hearing on an urban
28 renewal project, after public notice thereof by publication in a newspaper
29 having a general circulation in the area of operation of the municipality. The
30 notice shall describe the time, date, place and purpose of the hearing, shall
31 generally identify the urban renewal area covered by the plan, and shall out-
32 line the general scope of the urban renewal project under consideration.
33 (d) Following such hearing, the local governing body may approve an urban
34 renewal project and the plan therefor if it finds that (1) a feasible method
35 exists for the location of families who will be displaced from the urban
36 renewal area in decent, safe and sanitary dwelling accommodations within their
37 means and without undue hardship to such families; (2) the urban renewal plan
38 conforms to the general plan of the municipality as a whole; (3) the urban
39 renewal plan gives due consideration to the provision of adequate park and
40 recreational areas and facilities that may be desirable for neighborhood
41 improvement, with special consideration for the health, safety and welfare of
42 children residing in the general vicinity of the site covered by the plan; and
43 (4) the urban renewal plan will afford maximum opportunity, consistent with
2
1 the sound needs of the municipality as a whole, for the rehabilitation or
2 redevelopment of the urban renewal area by private enterprise: Provided, that
3 if the urban renewal area consists of an area of open land to be acquired by
4 the urban renewal agency, such area shall not be so acquired unless (1) if it
5 is to be developed for residential uses, the local governing body shall deter-
6 mine that a shortage of housing of sound standards and design which is decent,
7 safe and sanitary exists in the municipality; that the need for housing accom-
8 modations has been or will be increased as a result of the clearance of slums
9 in other areas; that the conditions of blight in the area and the shortage of
10 decent, safe and sanitary housing cause or contribute to an increase in and
11 spread of disease and crime and constitute a menace to the public health,
12 safety, morals, or welfare; and that the acquisition of the area for residen-
13 tial uses is an integral part of and essential to the program of the munici-
14 pality, or (2) if it is to be developed for nonresidential uses, the local
15 governing body shall determine that such nonresidential uses are necessary and
16 appropriate to facilitate the proper growth and development of the community
17 in accordance with sound planning standards and local community objectives,
18 which acquisition may require the exercise of governmental action, as provided
19 in this act, because of defective or unusual conditions of title, diversity of
20 ownership, tax delinquency, improper subdivisions, outmoded street patterns,
21 deterioration of site, economic disuse, unsuitable topography or faulty lot
22 layouts, the need for the correlation of the area with other areas of a munic-
23 ipality by streets and modern traffic requirements, or any combination of such
24 factors or other conditions which retard development of the area.
25 (e) An urban renewal plan may be modified at any time: only after a pub-
26 lic hearing has been held in the manner provided in subsection (c) of this
27 section for the purpose of setting out the proposed modifications to the plan
28 and offering a detailed explanation of the reasons for the proposed modifica-
29 tion. Following the public hearing, the local governing body shall submit the
30 proposed modification plan to a vote of the electorate of the urban renewal
31 area in question at a special election held as follows:
32 (1) The governing body of the municipality shall give notice thereof by
33 publication in a newspaper of general circulation for a period of four (4)
34 weeks prior to such election. Such notice shall state that the question of
35 whether the commissioners of the urban renewal agency shall adopt the pro-
36 posed modifications to the urban renewal plan, shall be submitted to the
37 qualified electors of the urban renewal area at the time appointed for
38 such election, and the electors shall be invited to vote upon such propo-
39 sition by placing upon their ballots the cross as provided by law, after
40 the words, "For proposed modification" or "Against proposed modification."
41 Such governing body of the municipality shall also designate in such
42 notice, the place or places at which the polls will be open in said munic-
43 ipality and shall also appoint and designate in such notice the names of
44 the officers of election.
45 (2) The vote at such election shall be taken, canvassed and returned in
46 the same manner as in other elections. Such governing body of the munici-
47 pality shall meet on the Monday next succeeding the day of such election
48 and proceed to canvass the votes cast thereat.
49 (3) If it is found by the canvass of said votes that less than a majority
50 of the votes cast were in favor of approving the proposed modification to
51 the urban renewal plan, such governing body of the municipality shall
52 declare the question of approval of the modified plan denied, in which
53 case no other election shall be held on the question of modification of
54 the plan until after the expiration of one (1) year from the date of the
55 election so held.
3
1 (4) In case it shall appear from said canvass that a majority of all the
2 votes cast were in favor of approving modifications to the plan, said com-
3 mission shall, under their hands make and file in their office, and cause
4 to be entered upon their record of proceedings, an order that the modifi-
5 cations as proposed have been approved, and declaring that said plan of
6 modification be adopted by the commission, said order to take effect in
7 accordance with the terms of the plan of modification.
8 Provided that if modified after the lease or sale by the urban renewal agency
9 of real property in the urban renewal project area, such modification may be
10 conditioned upon such approval of the owner, lessee or successor in interest
11 as the urban renewal agency may deem advisable and in any event shall be sub-
12 ject to such rights at law or in equity as a lessee or purchaser, or his suc-
13 cessor or successors in interest, may be entitled to assert.
14 (f) Upon the approval by the local governing body of an urban renewal
15 plan or of any modification upon approval by the electorate of the urban
16 renewal area thereof, such plan or modification shall be deemed to be in full
17 force and effect for the respective urban renewal area, and the urban renewal
18 agency may then cause such plan or modification to be carried out in accor-
19 dance with its terms.
20 (g) Notwithstanding any other provisions of this act, where the local
21 governing body certifies that an area is in need of redevelopment or rehabili-
22 tation as a result of a flood, fire, hurricane, earthquake, storm, or other
23 catastrophe respecting which the governor of the state has certified the need
24 for disaster assistance under Ppublic Llaw 875, Eeighty-first Ccongress, or
25 other federal law, the local governing body may approve an urban renewal plan
26 and an urban renewal project with respect to such area without regard to the
27 provisions of subsection (d) of this section and the provisions of this sec-
28 tion requiring a general plan for the municipality and a public hearing on the
29 urban renewal project.
STATEMENT OF PURPOSE
RS 11125C1
Current law allows for implementation of Urban Renewal by Judicial
Confirmation without a vote of the citizens who will be paying the
cost of such Urban Renewal Schemes.
Logically, those who live in the impacted area, and who will be
paying for the proposed Urban Renewal Scheme should be best
positioned to determine if such scheme be initiated or extended. This
legislation will only apply to the extension, continuation or
modification of an Urban Renewal Plan once begun.
This legislation will require fairness by an affirming vote of those
people within the Urban Renewal Area in order for an extension or
modification of the Urban Renewal Project or Plan.
FISCAL IMPACT
No cost to the State. Cost limited to conducting a city election.
Contact
Name: Rep. Robert E. Schaefer
Phone: 332 1156
STATEMENT OF PURPOSE/FISCAL NOTE H 29