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H0276.........................................................by STATE AFFAIRS
URBAN RENEWAL - Amends existing law relating to urban renewal to revise the
definition for "area of operation."
02/18 House intro - 1st rdg - to printing
02/19 Rpt prt - to Loc Gov
02/27 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 67-0-3
AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Bieter, Black, Block,
Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,
Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,
Miller, Mitchell, Moyle, Nielsen, Raybould, Ridinger, Ring, Ringo,
Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman,
Trail, Wills, Mr. Speaker
NAYS -- None
Absent and excused -- Barrett, Naccarato, Wood
Floor Sponsor - Gagner
Title apvd - to Senate
03/05 Senate intro - 1st rdg - to Loc Gov
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 30-0-5
AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Calabretta,
Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy,
Keough, Little, Lodge, Malepeai, McKenzie, McWilliams, Noble, Noh,
Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Burkett, Cameron, Davis, Marley, Sorensen
Floor Sponsors - Lodge & Gannon
Title apvd - to House
03/19 To enrol
03/20 Rpt enrol - Sp signed
03/21 Pres signed
03/24 To Governor
03/27 Governor signed
Session Law Chapter 146
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 276
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE URBAN RENEWAL LAW; AMENDING SECTION 50-2018, IDAHO CODE, TO
3 REVISE THE DEFINITION FOR "AREA OF OPERATION," TO MAKE A SPELLING CORREC-
4 TION, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 50-2018, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 50-2018. DEFINITIONS. The following terms wherever used or referred to in
9 this act chapter, shall have the following meanings, unless a different mean-
10 ing is clearly indicated by the context:
11 (a) "Agency" or "urban renewal agency" shall mean a public agency created
12 by section 50-2006, Idaho Code.
13 (b) "Municipality" shall mean any incorporated city or town, or county in
14 the state.
15 (c) "Public body" shall mean the state or any municipality, township,
16 board, commission, authority, district, or any other subdivision or public
17 body of the state.
18 (d) "Local governing body" shall mean the council or other legislative
19 body charged with governing the municipality.
20 (e) "Mayor" shall mean the mayor of a municipality or other officer or
21 body having the duties customarily imposed upon the executive head of a munic-
22 ipality.
23 (f) "Clerk" shall mean the clerk or other official of the municipality
24 who is the custodian of the official records of such municipality.
25 (g) "Federal government" shall include the United States of America or
26 any agency or instrumentality, corporate or otherwise, of the United States of
27 America.
28 (h) "Deteriorated area" shall mean an area in which there is a predomi-
29 nance of buildings or improvements, whether residential or nonresidential,
30 which by reason of dilapidation, deterioration, age or obsolescence, inade-
31 quate provision for ventilation, light, air, sanitation, or open spaces, high
32 density of population and overcrowding, or the existence of conditions which
33 endanger life or property by fire and other causes, or any combination of such
34 factors is conducive to ill health, transmission of disease, infant mortality,
35 juvenile delinquency, or crime, and is detrimental to the public health,
36 safety, morals or welfare.
37 (i) "Deteriorating area" shall mean an area which by reason of the pres-
38 ence of a substantial number of deteriorated or deteriorating structures, pre-
39 dominance of defective or inadequate street layout, faulty lot layout in rela-
40 tion to size, adequacy, accessibility or usefulness, insanitary or unsafe con-
41 ditions, deterioration of site or other improvements, diversity of ownership,
42 tax or special assessment delinquency exceeding the fair value of the land,
43 defective or unusual conditions of title, or the existence of conditions which
2
1 endanger life or property by fire and other causes, or any combination of such
2 factors, substantially impairs or arrests the sound growth of a municipality,
3 retards the provision of housing accommodations or constitutes an economic or
4 social liability and is a menace to the public health, safety, morals or wel-
5 fare in its present condition and use:; pProvided, that if such deteriorating
6 area consists of open land the conditions contained in the proviso in section
7 50-2008(d), Idaho Code, shall apply:; aAnd provided further, that any disaster
8 area referred to in section 50-2008(g), Idaho Code, shall constitute a deteri-
9 orating area.
10 (j) "Urban renewal project" may include undertakings and activities of a
11 municipality in an urban renewal area for the elimination of deteriorated or
12 deteriorating areas and for the prevention of the development or spread of
13 slums and blight, and may involve slum clearance and redevelopment in an urban
14 renewal area, or rehabilitation or conservation in an urban renewal area, or
15 any combination or part thereof in accordance with an urban renewal plan. Such
16 undertakings and activities may include:
17 (1) acquisition of a deteriorated area or a deteriorating area or portion
18 thereof;
19 (2) demolition and removal of buildings and improvements;
20 (3) installation, construction, or reconstruction of streets, utilities,
21 parks, playgrounds, off-street parking facilities, public facilities or
22 buildings and other improvements necessary for carrying out in the urban
23 renewal area the urban renewal objectives of this act chapter in accor-
24 dance with the urban renewal plan;
25 (4) disposition of any property acquired in the urban renewal area,
26 (including sale, initial leasing or retention by the agency itself), at
27 its fair value for uses in accordance with the urban renewal plan except
28 for dispostion disposition of property to another public body;
29 (5) carrying out plans for a program of voluntary or compulsory repair
30 and rehabilitation of buildings or other improvements in accordance with
31 the urban renewal plan;
32 (6) acquisition of real property in the urban renewal area which, under
33 the urban renewal plan, is to be repaired or rehabilitated for dwelling
34 use or related facilities, repair or rehabilitation of the structures for
35 guidance purposes, and resale of the property;
36 (7) acquisition of any other real property in the urban renewal area
37 where necessary to eliminate unhealthful, insanitary or unsafe conditions,
38 lessen density, eliminate obsolete or other uses detrimental to the public
39 welfare, or otherwise to remove or to prevent the spread of blight or
40 deterioration, or to provide land for needed public facilities;
41 (8) lending or investing federal funds; and
42 (9) construction of foundations, platforms and other like structural
43 forms.
44 (k) "Urban renewal area" means a deteriorated area or a deteriorating
45 area or a combination thereof which the local governing body designates as
46 appropriate for an urban renewal project.
47 (l) "Urban renewal plan" means a plan, as it exists from time to time,
48 for an urban renewal project, which plan: (1) shall conform to the general
49 plan for the municipality as a whole except as provided in subsection
50 50-2008(g), Idaho Code; and (2) shall be sufficiently complete to indicate
51 such land acquisition, demolition and removal of structures, redevelopment,
52 improvements, and rehabilitation as may be proposed to be carried out in the
53 urban renewal area, zoning and planning changes, if any, land uses, maximum
54 densities, building requirements, and any method or methods of financing such
55 plan, which methods may include revenue allocation financing provisions.
3
1 (m) "Related activities" shall mean: (1) planning work for the prepara-
2 tion or completion of a community-wide plan or program pursuant to section
3 50-2009, Idaho Code,; and (2) the functions related to the acquisition and
4 disposal of real property pursuant to section 50-2007(d), Idaho Code.
5 (n) "Real property" shall include all lands, including improvements and
6 fixtures thereon, and property of any nature appurtenant thereto, or used in
7 connection therewith, and every estate, interest, right and use, legal or
8 equitable, therein, including terms for years and liens by way of judgment,
9 mortgage or otherwise.
10 (o) "Bonds" shall mean any bonds, (including refunding bonds), notes,
11 interim certificates, certificates of indebtedness, debentures or other obli-
12 gations.
13 (p) "Obligee" shall include any bondholder, agents or trustees for any
14 bondholders, or lessor demising to the municipality property used in connec-
15 tion with urban renewal, or any assignee or assignees of such lessor's inter-
16 est or any part thereof, and the federal government when it is a party to any
17 contract with the municipality.
18 (q) "Person" shall mean any individual, firm, partnership, corporation,
19 company, association, joint stock association, or body politic; and shall
20 include any trustee, receiver, assignee, or other person acting in a similar
21 representative capacity.
22 (r) "Area of operation" shall mean the area within the corporate limits
23 of the municipality and the area within five (5) miles of such limits, except
24 that it shall not include any area which lies within the territorial bound-
25 aries of another incorporated city or town or within the unincorporated area
26 of the county unless a resolution shall have been adopted by the governing
27 body of such other city, or town or county declaring a need therefor.
28 (s) "Board" or "commission" shall mean a board, commission, department,
29 division, office, body or other unit of the municipality.
30 (t) "Public officer" shall mean any officer who is in charge of any
31 department or branch of the government of the municipality relating to health,
32 fire, building regulations, or to other activities concerning dwellings in the
33 municipality.
STATEMENT OF PURPOSE
RS 12923
This legislation seeks to restrict the cities in Idaho, when
dealing with Urban Renewals districts, from making decisions
outside of the city boundary in the county.
FISCAL IMPACT
No impact to the General Fund.
Contact
Name: Rep. Lee Gagner
Phone: 522-4580
Sen. Patti Lodge
STATEMENT OF PURPOSE/FISCAL NOTE H 276