2001 Legislation
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HOUSE BILL NO. 296 – Urban renewal plan, hearing/electn


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Daily Data Tracking History

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

Bill Text

  ||||              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
  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:
  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
  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.
  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 / Fiscal Impact

                      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.
      Name: Rep. Robert E. Schaefer
      Phone:     332 1156