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HomeMy Public PortalAboutOrd. 1007 1990 MRA Plan Termination Ordinance - recorded Instrument # 447667 VALLEY COUNTY,CASCADE,IDAHO 01-27-2022 11:09:26 No.of Pages:31 Recorded for:CITY OF MCCALL DOUGLAS A.MILLER Fee:$0.00 Ex-Officio Recorder Deputy:AMF Electronically Recorded by Simplifile ORDINANCE NO. 1007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF McCALL, IDAHO, IMMEDIATELY TERMINATING THE REVENUE ALLOCATION AREA FOR THE RAILROAD AVENUE PROJECT AREA; REQUIRING DISTRIBUTION OF ANY NON-OBLIGATED SURPLUS DETERMINED TO EXIST PURSUANT TO SECTION 50-2909, IDAHO CODE; AUTHORIZING THE CITY CLERK OR THE URBAN RENEWAL AGENCY OF THE CITY OF McCALL, IDAHO, ALSO KNOWN AS McCALL REDEVELOPMENT AGENCY, TO FILE THE ORDINANCE, TOGETHER WITH THE BOUNDARY MAP, WITH THE OFFICE OF THE COUNTY RECORDER, THE COUNTY ASSESSOR, AND THE IDAHO STATE TAX COMMISSION AS PROVIDED IN SECTION 63-215, IDAHO CODE; PROVIDING THAT A COPY OF THIS ORDINANCE SHALL BE GIVEN TO EACH OF THE TAXING ENTITIES AFFECTED BY SAID REVENUE ALLOCATION AREA; APPROVING THE SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council ("City Council") of the City of McCall, Idaho ("City"), after notice duly published, conducted a public hearing on the 1990 Urban Renewal Plan for the Railroad Avenue Area (the"Railroad Avenue Plan"); WHEREAS, following said public hearing the City Council adopted its Ordinance No. 578 on December 13, 1990, approving the Railroad Avenue Plan, making certain findings and establishing the Railroad Avenue revenue allocation area (the"Project Area"); WHEREAS, in 2006, pursuant to Section 900 of the Railroad Avenue Plan, the Agency prepared the 2006 Updated Urban Renewal Plan (the"Amended Railroad Avenue Plan"), WHEREAS, the Railroad Avenue Plan, as amended in 2006, collectively will be referred to as the "Railroad Avenue Plan" and the corresponding revenue allocation area will be referred to as the Project Area; WHEREAS, the Railroad Avenue Plan contained a revenue allocation financing provision pursuant to the Local Economic Development Act, Title 50, Chapter 29, Idaho Code, as amended (the"Act"); WHEREAS, the termination date for this revenue allocation area, as set forth in the Railroad Avenue Plan, is December 31, 2020, except for revenues to be received in 2021, as authorized pursuant to Idaho Code § 50-2905(7); WHEREAS, a substantial portion of identified improvements and/or projects have been completed in the Project Area; Page 1 of 8 Ord. 1007 1990 MRA Termination September 23, 2021 WHEREAS, the Agency in partnership with the City is currently working on implementing the E. Lake Street& Brown Park Improvements Project, which project is managed by the City and is funded by the Agency. This significant project was identified as a priority project in and around late 2018/early 2019 and seeks to implement the goals for this geographic area as identified in the McCall Lake Front Improvements — An Urban Renewal Project, Design Development and Decision Package, dated October 2006 (the "Lake Front Improvement Project Plan") and the Railroad Avenue Plan; WHEREAS, the E. Lake Street & Brown Park Improvements Project is currently underway and was anticipated to be completed by September 30, 2021; WHEREAS, due in part to issues related to COVID-19, particularly supply chain issues and worker shortages, and other unexpected construction delays, it is expected the construction of certain improvements under the Railroad Avenue Plan related to the E. Lake Street & Brown Park Improvements Project and expenses related thereto will not be fully completed and/or satisfied by the Agency's current fiscal year ending September 30, 2021, which also includes the installation of the mill whistle public art piece, which improvement costs will carry over to FY2022. An estimate of the updated final year project costs and other administrative fees and costs are set forth in the Termination Plan and the Supplemental Termination Plan attached hereto as an attachment to Exhibit A [Agency Resolution No. 02-2021] and Exhibit B [Agency Resolution No. 05-2021]. The Termination Budget, as updated, is attached hereto as an attachment to Exhibit A and Exhibit B; WHEREAS, the Agency will request the County Treasurer to not distribute to the Agency any Railroad Avenue Plan revenue allocation funds from delinquency tax payments in calendar year 2022, or subsequent years, generated from the 2020 assessed values, or earlier. To the extent any Railroad Avenue Plan revenue allocation funds are received by the Agency in calendar year 2022, or later, the Agency will return those funds to the County Treasurer for distribution to the taxing districts; WHEREAS, the Agency will have sufficient funds on deposit for payment of all final project costs, including carryover costs to FY2022, any cost overruns, and administrative fees; WHEREAS, the Agency has reviewed the remaining improvements and/or projects and based on projected revenues and expenses of the Railroad Avenue Plan, has determined there are sufficient funds for payment of all final project costs and Agency expenses, including those costs and expenses that will carry over into FY2022, and has further determined the revenue allocation area can be terminated on or before December 31, 2021; WHEREAS, pursuant to the attachments to Exhibit B, the Agency estimates a surplus will not be available for remittance to the County Clerk for distribution to the taxing districts on or before September 30, 2021; WHEREAS, pursuant to Exhibit A and Exhibit B, the Agency intends to dispose of certain Agency owned parcels located within the Project Area to the City; Page 2 of 8 Ord. 1007 1990 MRA Termination September 23,2021 WHEREAS, following the end of the fiscal year, the Agency will conduct a final accounting of the Project Area, which may result in a surplus disposition to the County Clerk for distribution to the taxing districts; WHEREAS, the Agency on June 29, 2021, adopted Resolution No. 02-2021 recommending the City Council adopt an ordinance terminating the revenue allocation area on or before December 31, 2021. A copy of Agency Resolution No. 02-2021 is attached hereto as Exhibit A; WHEREAS, the Agency on September 7, 2021, adopted Resolution No. 05-2021 supplementing the information contained in Agency Resolution No. 02-2021. A copy of Agency Resolution No. 05-2021 is attached hereto as Exhibit B; WHEREAS, a copy of the boundary map of the revenue allocation area is attached hereto as Exhibit C. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO: Section 1: That the above statements are true and correct. Section 2: That the revenue allocation area contained in the Railroad Avenue Plan, as more particularly shown in Exhibit C, is hereby terminated, consistent with the termination provisions set forth in the Act. Section 3: That the Agency does not intend to take revenue allocation funds in calendar year 2022, generated from the 2021 assessed values, and the allocation of revenues under section 50-2908, Idaho Code, shall cease effective January 1, 2022. Section 4: That the reimbursement to the City for the completion of improvements and carryover costs related to the E. Lake Street & Brown Park Improvements Project and the final payment to Westover Artworks LLC for the mill whistle public art piece in conjunction with the finalization of the E. Lake Street & Brown Park Improvements Project that will carry over into the Agency's FY2022 fiscal year will be paid from Agency's cash carryover and/or available fund balance. Section 4: That any non-obligated surplus funds deemed by the Agency to exist will be remitted to the County Clerk prior to the end of the Agency's 2021 fiscal year on or before September 30, 2021, or following the final accounting of the Agency's 2021 fiscal year on or before September 30, 2022, to be distributed to the taxing districts in the same manner and proportion as the most recent distribution to the taxing districts of the taxes on the taxable property located within the revenue allocation area. See I.C. 50-2909(4). Further, any other remaining funds in subsequent fiscal years received by the Agency from delinquent taxes after September 30, 2021, shall be disbursed in the same manner each fiscal year. Page 3 of 8 Ord. 1007 1990 MRA Termination September 23,2021 Section 5: That a copy of this Ordinance shall be sent to and/or filed with the Valley County Assessor's Office, the County Auditor/Recorder, and the Idaho State Tax Commission, together with a boundary map, to provide notice of termination of the revenue allocation area in the Railroad Avenue Plan by either the City Clerk or Agency representatives. Section 6: At least one-half, plus one of the City Council members finding good cause, the City Council hereby dispenses with the rule that this Ordinance be read on three different days; two readings of which shall be in full, and have hereby adopted this Ordinance, having considered it at one reading. Section 7: That this Ordinance shall be in full force and effect immediately upon its adoption, approval, and publication. Section 8: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit D, is hereby approved. Section 9: All ordinances, resolutions, orders, or parts thereof in conflict herewith are hereby repealed, rescinded, and annulled. Section 10: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 23 DAY OF SEPTEMBER 2021. I #r• By f ,_L` ',�G' Robert S. Giles, Mayor SEAty " ATTEST: = gb40"' O o 0)7 BessieJo Wag er, City Cl Page 4 of 8 Ord. 1007 1990 MRA Termination September 23,2021 EXHIBIT A AGENCY TERMINATION RESOLUTION NO. 02-2021 Page 5 of 8 Ord. 1007 1990 MRA Termination September 23,2021 RESOLUTION NO. 02-2021 BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF McCALL, IDAHO: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF McCALL, IDAHO, ALSO KNOWN AS THE McCALL REDEVELOPMENT AGENCY, MAKING CERTAIN FINDINGS THAT REVENUES ARE SUFFICIENT TO COVER ALL ESTIMATED AGENCY EXPENSES FOR FUTURE YEARS FOR THE URBAN RENEWAL AREA AND REVENUE ALLOCATION AREA KNOWN AS THE RAILROAD AVENUE PROJECT AREA; ESTIMATING THE REMAINING PROJECT OBLIGATIONS AND COSTS; RECOMMENDING TO THE CITY COUNCIL THAT THE REVENUE ALLOCATION PROVISION FOR THE RAILROAD AVENUE PROJECT AREA BE TERMINATED; RECOMMENDING FURTHER THAT THE CITY COUNCIL PASS AN ORDINANCE TERMINATING THE REVENUE ALLOCATION PROVISION FOR THE RAILROAD AVENUE URBAN RENEWAL PROJECT PLAN AND RETURNING THE REVENUE ALLOCATION AREA TO THE REGULAR TAX ROLL EFFECTIVE TAX YEAR 2021; PROVIDING FOR THE PAYMENT OF DELINQUENT PROPERTY TAXES FOLLOWING TERMINATION; PROVIDING FOR PAYMENT OF CERTAIN EXPENSES FOR FUTURE FISCAL YEARS; AND PROVIDING AN EFFECTIVE DATE. THIS RESOLUTION, made on the date hereinafter set forth by the Urban Renewal Agency of the City of McCall, Idaho, also known as the McCall Redevelopment Agency, an independent public body, corporate and politic, is an urban renewal agency created by and existing under the authority of the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the"Law"), a duly created and functioning urban renewal agency for McCall, Idaho, hereinafter referred to as the"Agency." WHEREAS, the City Council ("City Council") of the City of McCall, Idaho ("City"), after notice duly published, conducted a public hearing on the 1990 Urban Renewal Plan for the Railroad Avenue Area(the"Railroad Avenue Plan"); WHEREAS, following said public hearing the City Council adopted its Ordinance No. 578 on December 13, 1990, approving the Railroad Avenue Plan,making certain findings and establishing the Railroad Avenue revenue allocation area(the"Project Area"); WHEREAS, in 2006,pursuant to Section 900 of the Railroad Avenue Plan, the Agency prepared the 2006 Updated Urban Renewal Plan(the"Amended Railroad Avenue Plan"); RESOLUTION NO. 02-2021 - 1 WHEREAS, the Railroad Avenue Plan, as amended in 2006, collectively will be referred to as the"Railroad Avenue Plan" and the corresponding revenue allocation area will be referred to as the Project Area; WHEREAS, the Railroad Avenue Plan contained a revenue allocation financing provision pursuant to the Local Economic Development Act, Title 50, Chapter 29, Idaho Code, as amended (the"Act"); WHEREAS, the termination date for this revenue allocation area, as set forth in the Railroad Avenue Plan, is December 31, 2020, except for revenues to be received in 2021, as authorized pursuant to Idaho Code § 50-2905(7); WHEREAS, a substantial portion of identified improvements and/or projects have been completed in the Project Area; WHEREAS, the Agency expects all of the expenses from any remaining projects and/or improvements to be completed under the Railroad Avenue Plan, and as identified in the Railroad Avenue Termination Budget (FY2021) attached hereto as Exhibit B, to be incurred and satisfied by the Agency's current fiscal year ending September 30, 2021, with the exception of(1) possible cost overruns from current projects; and/or(2)unexpected construction delays. An estimate of the remaining project costs and other administrative fees and costs are set forth in the Termination Plan attached hereto as Exhibit A; WHEREAS, the Agency will request the County Treasurer to not distribute to the Agency any Railroad Avenue Plan revenue allocation funds from delinquency tax payments in calendar year 2022, or subsequent years, generated from the 2020 assessed values, or earlier. To the extent any Railroad Avenue Plan revenue allocation funds are received by the Agency in calendar year 2021, or later, the Agency will return those funds to the County Treasurer for distribution to the taxing districts; WHEREAS, the Agency will have sufficient funds on deposit for payment of all final project costs and administrative fees; WHEREAS, the Agency has reviewed the remaining improvements and/or projects and based on projected revenues and expenses of the Railroad Avenue Plan, has determined there are sufficient funds for payment of all final project costs and Agency expenses and has further determined the revenue allocation area can be terminated on or before December 31, 2021; WHEREAS, pursuant to Exhibit A, the Agency estimates a minimal surplus will be available for remittance to the County Treasurer for distribution to the taxing districts on or before September 30, 2021; WHEREAS,pursuant to Exhibit A, and as identified on Exhibit C, the Agency intends to dispose of certain Agency owned parcels located within the Project Area to the City. RESOLUTION NO. 02-2021 -2 NOW,THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1: That the above statements are true and correct. Section 2: That the Termination Plan attached hereto as Exhibit A is hereby approved and adopted by the Agency Board. Section 3: That the revenue allocation area contained in the Railroad Avenue Plan shall be terminated on or before December 31, 2021, consistent with the termination provisions set forth in the Act, allowing certain taxing entities to use the 2021 estimated assessed values above the adjusted base assessment roll for the Railroad Avenue Project Area for their budgetary purposes, and further, pursuant to Idaho law, as amended, those certain taxing entities may, for their budgetary purposes, take into account a portion of the increment value that exceeds the incremental value as of December 31, 2006, for the Project Area, which portion of the increment value shall be added to the 2021 new construction roll, pursuant to Idaho Code § 63-301A(3)(g), as amended. Section 4: That the Agency does not intend to take revenue allocation funds in calendar year 2022, generated from the 2021 assessed values, and the allocation of revenues under section 50-2908, Idaho Code, shall cease effective January 1, 2022. Section 5: That all financial obligations have been provided for, and any outstanding obligations will be paid in full on or before September 30, 2021, with the exception of any reimbursement agreements or notes that have expired, terminated or cancelled on their own terms,project cost overruns from current projects, project costs for unexpected construction delays, and an allocation of administrative fees and costs. Section 6: That any delinquent property taxes due to the Agency that were levied for calendar year 2020, or earlier, shall not be paid to the Agency, but shall be distributed by the County Treasurer to the taxing districts in the same manner and proportion as the most recent distribution to the taxing districts of the taxes on the taxable property located within the revenue allocation area. Section 7: That any non-obligated surplus deemed by the Agency to exist will be remitted to the County Treasurer for distribution to the taxing districts prior to the end of the Agency's 2021 fiscal year on or before September 30, 2021, in the same manner and proportion as the most recent distribution to the taxing districts of the taxes on the taxable property located within the revenue allocation area. See I.C. 50-2909(4). Section 8: That the Agency does hereby request that the City Council,pursuant to 50-2903(5), Idaho Code, adopt an Ordinance providing for the termination of the revenue allocation area in the Railroad Avenue Plan, to be effective on or before December 31, 2021, and RESOLUTION NO. 02-2021 - 3 declaring that the tax year 2021 revenues1 from the increment value as levied upon within the revenue allocation area are not needed for the payment of any Agency indebtedness or Agency projects to be completed before September 30, 2021, and should flow to the respective taxing districts pursuant to Idaho law. Section 9: That certain real property owned by the Agency on the Termination Date shall be transferred to the City on or before September 30, 2021, but in no event later than December 31, 2021. The Agency hereby authorizes the Agency Chair to execute any and all documents required to effectuate the transfer. Section 10: That a copy of this Resolution be sent to the Valley County Assessor's Office, the County Auditor/Recorder and the Idaho State Tax Commission to provide notice of termination of the revenue allocation area in the Railroad Avenue Plan. Section 11: That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED AND ADOPTED by the Urban Renewal Agency of the city of McCall, Idaho, on June 29, 2021. Signed by the Chair of the Board of Commissioners and attested by the Secretary to the Board of Commissioners, on this 29th day of June, 2021. APPROVE ; By: Chair ATTEST: S retary 1 The Agency will receive its allocation of tax year 2020 revenues in calendar year 2021. RESOLUTION NO. 02-2021 -4 EXHIBIT A (Termination Plan) RESOLUTION NO. 02-2021 - 5 EXHIBIT A THE URBAN RENEWAL AGENCY OF THE CITY OF McCALL, IDAHO, ALSO KNOWN AS THE McCALL REDEVELOPMENT AGENCY TERMINATION PLAN FOR THE REVENUE ALLOCATION AREA SET FORTH IN THE 1990 URBAN RENEWAL PLAN FOR THE RAILROAD AVENUE AREA THE "RAILROAD AVENUE PLAN" The Urban Renewal Agency of the City of McCall, Idaho, also known as the McCall Redevelopment Agency ("Agency") intends to terminate the revenue allocation area adopted at the time of the original adoption of the 1990 Urban Renewal Plan for the Railroad Avenue Area, by the McCall City Council on December 13, 1990, by Ordinance No. 578, as amended in 2006, pursuant to Section 900 of the Railroad Avenue Plan, and currently referred to as the Railroad Avenue Plan(the "Plan") for the Railroad Avenue revenue allocation area or project area (the "Project Area"). The termination date for this revenue allocation area as set forth in the Plan is December 31, 2020; except for revenues to be received in 2021, as authorized pursuant to Idaho Code § 50-2905(7). The Agency has reviewed the projected revenues and expenses of the Plan and Project Area and has determined the revenue allocation area can be terminated by December 31, 2021, effective retroactive to January 1, 2021, as it relates to assessed values within the Project Area. As a result, the Agency will not receive revenue allocation funds in calendar year 2022, generated from the 2021 assessed values, and the allocation of revenues under § 50-2908, Idaho Code, shall cease effective January 1, 20211. Based on updated budget information, this Termination Plan is prepared in order to describe the Agency's plan to pay its financial obligations, to specifically addresses the payment of certain obligations on or before September 30, 2021, and the reservation of revenue allocation proceeds to pay certain obligations after September 30, 2021, and the disposition of Agency real property assets. Intent Regarding Delinquencies: The Agency requests the County Treasurer to not distribute to the Agency any Railroad Avenue revenue allocation funds from delinquency tax payments in calendar year 2022, or subsequent years, generated from the 2020 assessed values, or earlier. The County Treasurer shall distribute any delinquency tax payments due to the Agency to the taxing districts in the same manner and proportion as the most recent distribution to the taxing districts of the taxes on the taxable property located within the revenue allocation area. Fiscal Year 2021 Termination Budget Summary: As further set forth below, the Agency expects to pay its certain contractual obligations pursuant to an agreement with the City, as may be amended, and related to the E. Lake Street Waterfront & Brown Park Improvements Project on or before September 30, 2021. It is 1 The Agency does intend to receive its allocation of revenues generated from the 2020 assessed values in 2021. The allocation of revenues is anticipated to be received by the Agency in February and July 2021. Resolution No. 02-2021 Railroad Avenue RAA Termination)—EXHIBIT A 1 issues are avoided in the future roadway design. No carryover or cost overruns requiring funding in FY22 are anticipated to occur at this time. The improvements contemplated under the E. Lake Street &Brown Park Improvements Project are focused on the area along the shoreline north of Mile High Marina to Brown Park, and include shoreline stabilization to remediate wave erosion caused by boat traffic, waterfront improvements increasing non-motorized access to Payette Lake, improvements to Brown Park, improvements to the pathways and access into Brown Park, and ultimately improvements to E. Lake Street, if sufficient funds exist to complete the full project. The timing of these improvements is largely driven by the short construction season and the limited access to Payette Lake for shoreline improvements. As noted above, this project is currently underway and is anticipated to be completed on or before September 30, 2021. To the extent there are unanticipated cost overruns and/or construction delays, revenue allocation proceeds will be reserved to pay costs when due, in any event on or before December 31, 2021. To the extent the Agency determines a surplus existing as of September 30, 2022, following payment of the above financial obligations, then the Agency will return those funds to the County Treasurer for distribution to the taxing districts in the same mariner and proportion as the most recent distribution to the taxing districts of the taxes on the taxable property located within the revenue allocation area. Whistle Restoration and Artwork Installation The Agency in partnership with the City selected Westover Artworks, LLC to design and install a public art piece within the boundaries of the Project Area and the parties entered into the Artwork Commission Agreement, dated July 28, 2020, as amended. Several artwork design proposals were reviewed, together with potential installation locations, and ultimately the public art piece centered around the restoration of the mill whistle was selected. The artwork will be installed in Brown Park. The restoration of the mill whistle and the fabrication of the portable boiler necessary to blow the whistle are well underway and it is anticipated the installation of the artwork will be completed on or before September 30, 2021. To the extent there are construction delays related to the improvements to Brown Park, there could be corresponding delays in the installation of the artwork on or before September 30, 2021. To the extent there are delays in the installation of the artwork, revenue allocation proceeds will be reserved to pay costs related to the artwork when due, in any event on or before December 31, 2021. No carryover or cost overruns requiring funding in FY22 are anticipated to occur at this time. To the extent the Agency determines a surplus existing as of September 30, 2022, following payment of the above financial obligations, then the Agency will return those funds to the County Treasurer for distribution to the taxing districts in the same manner and proportion as the most recent distribution to the taxing districts of the taxes on the taxable property located within the revenue allocation area. Resolution No. 02-2021 Railroad Avenue RAA Termination)—EXHIBIT A 3 EXHIBIT B (FY21 Termination Budget) RESOLUTION NO. 02-2021 - 6 Projected Termination Budget. Tax Increment Revenue Fund Balance as of 06/2021 $ 580,552 Revenue Allocation Fund Receipts through 09/30/2021(Estimated) $ 204,100 Interest through 09/30/2021(Estimated) $ 3,066 Other Revenue(GPSGI) $ 16,442 Fund Balance as of 9/30/2020 $ 1,346,344 - . TOTAL REVENUE: $; 2 150,504; Publication Costs $ 21 Professional Services Expense(Legal and Auditor) $ 49,980 Other Expense(RAI,ICRMP,Estimated through 09/30/21 Bank Account Fees) $ 4,707 $ 54,708 Public Art Art and Whistle Restoration $ 145,000 145,000' Committed Projects:Brown Park/E.Lake Street-City/Agency City-Agency Design and Engineering Agreement $ 200,000 City-Agency Construction Agreement(Project#1 Shoreline Stabilization) $ 597,696 City-Agency Construction Agreement(Project#2 E.Lake Street&Brown Park Improver $ 1,165,115 City-Agency Design and Engineering Agreement-E.Lake/Hemlock $ 35,000 LESS$111,764 grant funding re playground $ (111,764) Subtotal-Committed Projects: $ 1,886,047. • TOTAL EXPENSES: 2;085,755 BALANCE* $ 64,749 *The Agency will refund the Balance to Valley County on Sept 30,2021. Valley County will distribute that amount to the affected taxing districts pro rata based on FY 2020 levy rates. EXHIBIT C (Real Property Owned by the MRA) 1) 1614 Davis Avenue(MCCALLACREAGE TAX NO. 19 IN GOV'T. LOT 1 S9 T18N R3E INSTR. #197853 8/3/1993 FROM R.J. MANDERY) 2) 216 E. Park Street (MCCALL'S 1ST ADDITION LOTS 6, 7, 8 & 9, BLOCK 11) 4838-8569-7750,v. 1 RESOLUTION NO. 02-2021 -7 EXHIBIT B AGENCY SUPPLEMENTAL TERMINATION RESOLUTION NO. 05-2021 Page 6 of 8 Ord. 1007 1990 MRA Termination September 23,2021 RESOLUTION NO. 05-2021 BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF McCALL. IDAHO: A SUPPLEMENTAL TERMINATION RESOLUTION SUPPLEMENTING RESOLUTION NO. 02-2021 OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF McCALL, IDAHO, ALSO KNOWN AS THE McCALL REDEVELOPMENT AGENCY, PROVIDING FOR A SUPPLEMENT TO THE TERMINATION PLAN APPROVED BY RESOLUTION NO. 02-2021; PROVIDING AN UPDATED ESTIMATE OF REMAINING PROJECT OBLIGATIONS AND COSTS; PROVIDING AN ESTIMATE OF THE BALANCE CARRYOVER TO FY2022; APPROVING THE SUPPLEMENTAL TERMINATION PLAN AND PROPOSING AN UPDATED TERMINATION BUDGET; AND PROVIDING AN EFFECTIVE DATE. THIS RESOLUTION, made on the date hereinafter set forth by the Urban Renewal Agency of the City of McCall, Idaho, also known as the McCall Redevelopment Agency, an independent public body, corporate and politic, is an urban renewal agency created by and existing under the authority of the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the"Law"), a duly created and functioning urban renewal agency for McCall, Idaho, hereinafter referred to as the "Agency." WHEREAS, the City Council ("City Council") of the City of McCall, Idaho ("City"), after notice duly published, conducted a public hearing on the 1990 Urban Renewal Plan for the Railroad Avenue Area(the "Railroad Avenue Plan"); WHEREAS, following said public hearing the City Council adopted its Ordinance No. 578 on December 13, 1990, approving the Railroad Avenue Plan, making certain findings and establishing the Railroad Avenue revenue allocation area (the "Project Area"); WHEREAS, in 2006, pursuant to Section 900 of the Railroad Avenue Plan, the Agency prepared the 2006 Updated Urban Renewal Plan (the"Amended Railroad Avenue Plan"); WHEREAS, the Railroad Avenue Plan, as amended in 2006, collectively will be referred to as the "Railroad Avenue Plan" and the corresponding revenue allocation area will be referred to as the Project Area; WHEREAS, the Railroad Avenue Plan contained a revenue allocation financing provision pursuant to the Local Economic Development Act, Title 50, Chapter 29, Idaho Code, as amended (the "Act"); RESOLUTION NO. 05-2021 - 1 WHEREAS, the termination date for this revenue allocation area, as set forth in the Railroad Avenue Plan, is December 31, 2020, except for revenues to be received in 2021, as authorized pursuant to Idaho Code § 50-2905(7); WHEREAS, a substantial portion of identified improvements and/or projects have been completed in the Project Area; WHEREAS, on June 29, 2021, the Agency Board adopted Resolution No. 02-2021, which approved a Termination Plan narrative and a proposed Termination Budget; WHEREAS, as set forth in the Termination Plan, the Agency in partnership with the City is currently working on implementing the E. Lake Street &Brown Park Improvements Project, which project is managed by the City and is funded by the Agency. This significant project was identified as a priority project in and around late 2018/early 2019 and seeks to implement the goals for this geographic area as identified in the McCall Lake Front Improvements—An Urban Renewal Project, Design Development and Decision Package, dated October 2006 (the "Lake Front Improvement Project Plan") and the Railroad Avenue Plan; WHEREAS, the E. Lake Street & Brown Park Improvements Project is currently underway and was anticipated to be completed by September 30, 2021; WHEREAS, due in part to issues related to COVID-19, particularly supply chain issues and worker shortages, and other unexpected construction delays, it is expected the construction of certain improvements under the Railroad Avenue Plan related to the E. Lake Street & Brown Park Improvements Project and expenses related thereto will not be fully completed and/or satisfied by the Agency's current fiscal year ending September 30, 2021, which also includes the installation of the mill whistle public art piece, which improvement costs will carry over to FY2022; WHEREAS, Agency staff and counsel have determined the Termination Plan narrative should be supplemented to describe what improvements costs are remaining under the E. Lake Street& Brown Park Improvements Project, and an updated timeline for completion; WHEREAS, Agency staff and counsel have prepared a Supplemental Termination Plan, attached hereto as Exhibit 1, updating certain information within the Termination Plan narrative; WHEREAS, since August 17, 2021, Agency staff has refined the Termination Budget and the Supplemental Termination Budget is attached hereto as Exhibit 2; WHEREAS, the Agency has reviewed the remaining improvements and/or projects and based on projected revenues and expenses of the Railroad Avenue Plan, has determined there are sufficient funds on deposit as carryover or in its fund balance for payment of all final project costs and Agency administrative expenses in FY2022 and reaffirms the revenue allocation area can be terminated on or before December 31, 2021; RESOLUTION NO. 05-2021 - 2 WHEREAS, pursuant to the Supplemental Termination Plan and Supplemental Termination Budget, the Agency estimates a surplus will not be available for remittance to Valley County for distribution to the taxing districts on or before September 30, 2021; NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1: That the above statements are true and correct. Section 2: That the Supplemental Termination Plan attached hereto as Exhibit 1 is hereby approved and adopted by the Agency Board. Section 3: That the Supplemental Termination Budget attached hereto as Exhibit 2 is hereby approved and adopted by the Agency Board, and Agency staff is directed to publish the Supplemental Termination Budget as an amendment to the original Termination Budget. Section 4: That a copy of this Resolution be sent to the Valley County Assessor's Office, the County Auditor/Recorder and the Idaho State Tax Commission to provide supplemental notice of termination of the revenue allocation area in the Railroad Avenue Plan. Section 5: That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED AND ADOPTED by the Urban Renewal Agency of the city of McCall, Idaho, on September 7, 2021. Signed by the Chair of the Board of Commissioners and attested by the Secretary to the Board of Commissioners, on this 7th day of September, 2021. APPROVED; B f ‹le4 � _L y Chair ATTEST: r,. By; .. cretary : � RESOLUTION NO. 05-2021 - 3 EXHIBIT 1 (Supplemental Termination Plan) RESOLUTION NO. 05-2021 -4 EXHIBIT 1 THE URBAN RENEWAL AGENCY OF THE CITY OF McCALL, IDAHO, ALSO KNOWN AS THE McCALL REDEVELOPMENT AGENCY SUPPLEMENTAL TERMINATION PLAN FOR THE REVENUE ALLOCATION AREA SET FORTH IN THE 1990 URBAN RENEWAL PLAN FOR THE RAILROAD AVENUE AREA THE "RAILROAD AVENUE PLAN" The Urban Renewal Agency of the City of McCall, Idaho, also known as the McCall Redevelopment Agency ("Agency") is terminating the revenue allocation area adopted at the time of the original adoption of the 1990 Urban Renewal Plan for the Railroad Avenue Area, by the McCall City Council on December 13, 1990, by Ordinance No. 578, as amended in 2006, pursuant to Section 900 of the Railroad Avenue Plan, and currently referred to as the Railroad Avenue Plan (the"Plan") for the Railroad Avenue revenue allocation area or project area (the "Project Area"). The termination date for this revenue allocation area as set forth in the Plan is December 31, 2020; except for revenues to be received in 2021, as authorized pursuant to Idaho Code § 50-2905(7). The Agency has reviewed the projected revenues and expenses of the Plan and Project Area and has determined the revenue allocation area can be terminated by December 31, 2021, effective retroactive to January 1, 2021, as it relates to assessed values within the Project Area. As a result, the Agency will not receive revenue allocation funds in calendar year 2022, generated from the 2021 assessed values, and the allocation of revenues under § 50-2908, Idaho Code, shall cease effective January 1, 2021 I. On June 29, 2021, the Agency Board adopted Resolution No. 02-2021, the termination resolution, approving a narrative Termination Plan and tentative Termination Budget for the Plan and Project Area. Thereafter, the Agency distributed to the affected taxing districts, Valley County Assessor's Office, Auditor/Recorder and the Idaho State tax Commission a copy of Resolution No. 02-2021 and its exhibits. Based on updated budget information, and in order to provide additional information as to the status of the E. Lake Street & Brown Park Improvements Project, this Supplemental Termination Plan is revised as of September 7, 2021, with the adoption of Agency Resolution No. 05-2021, the supplemental termination resolution. Revisions to the original Termination Plan and updates to the Termination Budget are intended to provide updated information concerning the timing of the completion of projects currently underway and to identify certain administrative and project cost canyovers to FY2022 due to certain construction delays requiring the reservation of existing revenue allocation proceeds to pay certain obligations after September 30, 2021. These changes do not impact the cessation of revenue allocation authority or impact the treatment of assessed values as determined in 2021 Intent Regarding Delinquencies: The Agency requests the County Treasurer to not distribute to the Agency any Railroad Avenue revenue allocation funds from delinquency tax payments in calendar year 2022, or 1 The Agency does intend to receive its allocation of revenues generated from the 2020 assessed values in 2021. The allocation of revenues is anticipated to be received by the Agency in February and July 2021,with late payments/delinquencies being received through September 2021. Resolution No. 05-2021 Railroad Avenue RAA Termination)—EXHIBIT 1 1 subsequent years, generated from the 2020 assessed values, or earlier. The County Treasurer shall distribute any delinquency tax payments due to the Agency to the taxing districts in the same manner and proportion as the most recent distribution to the taxing districts of the taxes on the taxable property located within the revenue allocation area. Fiscal Years 2021 and 2022 Termination Budget Summary: As further set forth below, due to unexpected construction delays, in part due to COVID- 19, resulting in continued supply chain and worker shortage issues, the Agency expects the improvements under the E. Lake Street & Brown Park Improvements Project will not be fully completed on or before September 30, 2021. and there will be project costs carried over into FY2022. These carryover expenses are identified in the Railroad Avenue Plan Supplemental Termination Budget. Existing funds will be reserved through carryover balance and/or existing fund balances to cover any carryover project costs, miscellaneous expenses and/or administrative expenses to be incurred in Fiscal Year 2022; however, the Agency will not receive any revenue allocation proceeds in FY2022, or beyond. The Agency is anticipating there will not be any surplus funds to be distributed back to the taxing districts, through Valley County, prior to the end of the Agency's 2021 fiscal year, on September 30, 2021. Additionally, at this time, there are not anticipated to be any surplus funds available for distribution on or before September 30, 2022. To the extent there are any unexpended, non-obligated surplus funds on September 30, 2022, those funds will be remitted to the County Treasurer to be distributed to the taxing districts in the same manner and proportion as the most recent distribution to the taxing districts of the taxes on the taxable property located within the revenue allocation area, following a final accounting and payment of all final Agency expenses and financial obligations. Real Property Disposition: The real property owned by the Agency in the Railroad Avenue Project Area, more specifically described below, shall be transferred to the City of McCall (the "City") on or before December 31, 2021. 1) 1614 Davis Avenue (MCCALLACREAGE TAX NO. 19 IN GOV'T. LOT 1 S9 T18N R3E INSTR. 4197853 8'3'1993 FROM R.J. MANDERY) 2) Pine Avenue Vacant Lots (MCCALL'S l ADDITION LOTS 6, 7, 8 & 9, BLOCK 11) E. Lake Street & Brown Park Improvements Project: The Agency in partnership with the City is currently working on implementing the E. Lake Street & Brown Park Improvements Project, which project is managed by the City and is funded by the Agency. This significant project that was identified as a priority project in and around late 2018/early 2019 will implement the goals for this geographic area as identified in the McCall Lake Front Improvements—An Urban Renewal Project, Design Development and Decision Package, dated October 2006 (the "Lake Front Improvement Project Plan") and the Plan. This phase of the E. Lake Street & Brown Park Improvements Project was originally anticipated to be completed by September 30, 2021; however, due to unexpected construction Resolution No. 05-2021 Railroad Avenue RAA Termination)—EXHIBIT 1 2 delays, the project is anticipated to be substantially completed by December 31, 2021, with minor remaining project costs to be incurred on or before September 30, 2022. The Planning, Design, Engineering, and Construction Project Agreement for the Lakefront Improvement Project was amended in August to reflect the contracted amount for the current phase of the project in the amount of$1,165,115. To the extent budget capacity exists, and due to contemplated development in and around E. Lake Street, there are significant public benefits to funding additional engineering and design on E. Lake Street from Fir Street to Hemlock Street, and from Hemlock Street to Mill Street in the estimated amount of$35,000, including a cost savings by performing the scope of work now due to the timing of the improvements being carried out pursuant to the E. Lake Street & Brown Park Improvements Project. The additional design and engineering is significantly related to the current phase of the E. Lake Street& Brown Park Improvements Project and would establish a baseline for future improvements in that section of the roadway and would ensure drainage issues are avoided in the future roadway design. Project completion and payment of related expenses is anticipated to occur in FY22; however,payment of these costs and expenses will come from the Agency's existing fund balances and this project delay will not impact closure of the revenue allocation area. The improvements contemplated under the E. Lake Street & Brown Park Improvements Project are focused on the area along the shoreline north of Mile High Marina to Brown Park, and include shoreline stabilization to remediate wave erosion caused by boat traffic, waterfront improvements increasing non-motorized access to Payette Lake, improvements to Brown Park, improvements to the pathways and access into Brown Park, and ultimately improvements to E. Lake Street, if sufficient funds exist to complete the full project. The timing of these improvements is largely driven by the short construction season and the limited access to Payette Lake for shoreline improvements. As noted above, this project is currently underway and was originally anticipated to be completed on or before September 30, 2021. It is currently estimated substantial completion of the project will occur on or before December 31, 2021, with project completion to occur on or before September 30, 2022. Final project and administrative expenses to be paid thereafter in an estimated amount of$608,184.--, will be reserved and paid out of the Agency's existing fund balances for the Project Area. Such funds will be reserved and budgeted in FY2022 (and not returned to the taxing districts as surplus) to pay costs when due, in any event on or before September 30, 2022. To the extent the Agency determines a surplus existing as of September 30, 2022, following payment of the above financial obligations, then the Agency will return those funds to the County Treasurer for distribution to the taxing districts in the same manner and proportion as the most recent distribution to the taxing districts of the taxes on the taxable property located within the revenue allocation area. Whistle Restoration and Artwork Installation The Agency in partnership with the City selected Westover Artworks, LLC to design and install a public art piece within the boundaries of the Project Area and the parties entered into the Artwork Commission Agreement, dated July 28, 2020, as amended. Several artwork design proposals were reviewed, together with potential installation locations, and ultimately the public art piece centered around the restoration of the mill whistle was selected. The artwork will be installed in Brown Park. The restoration of the mill whistle and the fabrication of the portable boiler necessary to blow the whistle are well underway and it is anticipated the installation of the Resolution No. 05-2021 Railroad Avenue RAA Termination)—EXHIBIT 1 3 artwork will be completed on or before September 30, 2021. To the extent there are construction delays related to the improvements to Brown Park, there could be corresponding delays in the installation of the artwork on or before September 30, 2021. To the extent there are delays in the installation of the artwork, revenue allocation proceeds will be reserved to pay costs related to the artwork when due, in any event on or before December 31, 2021. As of September 7, 2021, it is understood completion of the art project, including final payment, will occur in FY2022. As a result S5,000 will be reserved from the Agency's existing fund balances and carried over into FY2022. To the extent the Agency determines a surplus existing as of September 30, 2022, following payment of the above financial obligations, then the Agency will return those funds to the County Treasurer for distribution to the taxing districts in the same manner and proportion as the most recent distribution to the taxing districts of the taxes on the taxable property located within the revenue allocation area. Resolution No. 05-2021 Railroad Avenue RAA Termination)—EXHIBIT 1 4 EXHIBIT 2 (FY21 Supplemental Termination Budget) RESOLUTION NO. 05-2021 - 5 FY21 FY22 Projected Projected Termination Termination Budget Budget Tax Increment Revenue Fund Balance as of 08/2021 $ 767,622 $ - Revenue Allocation Fund Receipts through 09/30/2021(Estimated) $ - $ Interest through 09/30/2021(Estimated) $ 2,868 Other Revenue(GPSGI) $ 16,442 Fund Balance as of 9/30/2020 $ 1,346,344 $ 608,184 "fOTALIIEVEl11t1E,."• 2.133 76..:$ r1 Publication Costs $ 1,654 Professional Services Expense(Legal and Auditor) $ 23,250 $ 3,500 Other Expense(RAI,ICRMP,Estimated through 09/30/21 Bank Account Fees) $ 4,786 $ 29,690 $ 3,500 Public Art Art and Whistle Restoration $ 140,000 $ 5,000 $ 140,000 $ 5,000 Committed Projects:Brown Park/E.Lake Street-City/Agency City-Agency Design and Engineering Agreement $ 200,000 City-Agency Construction Agreement(Project#1 Shoreline Stabilization) $ 597,696 City-Agency Construction Agreement(Project#2 E.Lake Street&Brown Park Improve $ 634,470 $ 530,625 City-Agency Design and Engineering Agreement-E.Lake/Hemlock $ 35,000 LESS$111,764 grant funding re playground $ (111,764) City-Agency Construction Agreement Contingency 69,059 Subtotal-Committed Projects: $ 1,355,402 $ 599,684 TOTAL EXPENSES: a �' e a s u_' P 1,525O92� .$.e�o �..,608184., BALANCE* $ 608,184 $ - EXHIBIT C REVENUE ALLOCATION AREA MAP , P l wittlere „elegy' { B P f {- e ...:... A.Avtl E 0'2.4 `:URBAN RENEWAL F tvett s t K; � 8A°uy *04,1 TFi mp:;.ark Ave E.. Page 7 of 8 Ord. 1007 1990 MRA Termination September 23,2021 EXHIBIT D TERMINATION ORDINANCE SUMMARY 4843-2886-6200,v. 3 Page 8 of 8 Ord. 1007 1990 MRA Termination September 23,2021 SUMMARY OF ORDINANCE NO. 1007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF McCALL, IDAHO, IMMEDIATELY TERMINATING THE REVENUE ALLOCATION AREA FOR THE RAILROAD AVENUE PROJECT AREA; REQUIRING DISTRIBUTION OF ANY NON-OBLIGATED SURPLUS DETERMINED TO EXIST PURSUANT TO SECTION 50-2909, IDAHO CODE; AUTHORIZING THE CITY CLERK OR THE URBAN RENEWAL AGENCY OF THE CITY OF McCALL, IDAHO, ALSO KNOWN AS McCALL REDEVELOPMENT AGENCY, TO FILE THE ORDINANCE, TOGETHER WITH THE BOUNDARY MAP, WITH THE OFFICE OF THE COUNTY RECORDER, THE COUNTY ASSESSOR, AND THE IDAHO STATE TAX COMMISSION AS PROVIDED IN SECTION 63-215, IDAHO CODE; PROVIDING THAT A COPY OF THIS ORDINANCE SHALL BE GIVEN TO EACH OF THE TAXING ENTITIES AFFECTED BY SAID REVENUE ALLOCATION AREA; APPROVING THE SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO: Section 1: That the above statements are true and correct. Section 2: That the revenue allocation area contained in the Railroad Avenue Plan, as more particularly shown in Exhibit C, is hereby terminated, consistent with the termination provisions set forth in the Act. Section 3: That the Agency does not intend to take revenue allocation funds in calendar year 2022, generated from the 2021 assessed values, and the allocation of revenues under section 50-2908, Idaho Code, shall cease effective January 1, 2022. Section 4: That the reimbursement to the City for the completion of improvements and carryover costs related to the E. Lake Street & Brown Park Improvements Project and the final payment to Westover Artworks LLC for the mill whistle public art piece in conjunction with the finalization of the E. Lake Street & Brown Park Improvements Project that will carry over into the Agency's FY2022 fiscal year will be paid from Agency's cash carryover and/or available fund balance. Section 4: That any non-obligated surplus funds deemed by the Agency to exist will be remitted to the County Clerk prior to the end of the Agency's 2021 fiscal year on or before September 30, 2021, or following the final accounting of the Agency's 2021 fiscal year on or before September 30, 2022, to be distributed to the taxing districts in the same manner and Page 1 of 3 Ordinance 1007 Summary September 23,2021 proportion as the most recent distribution to the taxing districts of the taxes on the taxable property located within the revenue allocation area. See I.C. 50-2909(4). Further, any other remaining funds in subsequent fiscal years received by the Agency from delinquent taxes after September 30, 2021, shall be disbursed in the same manner each fiscal year. Section 5: That a copy of this Ordinance shall be sent to and/or filed with the Valley County Assessor's Office, the County Auditor/Recorder, and the Idaho State Tax Commission, together with a boundary map, to provide notice of termination of the revenue allocation area in the Railroad Avenue Plan by either the City Clerk or Agency representatives. Section 6: At least one-half, plus one of the City Council members finding good cause, the City Council hereby dispenses with the rule that this Ordinance be read on three different days; two readings of which shall be in full, and have hereby adopted this Ordinance, having considered it at one reading. Section 7: That this Ordinance shall be in full force and effect immediately upon its adoption, approval, and publication. Section 8: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit D, is hereby approved. Section 9: All ordinances, resolutions, orders, or parts thereof in conflict herewith are hereby repealed, rescinded, and annulled. Section 10: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. EXHIBITS TO THE ORDINANCE Exhibit A Agency Resolution No. 02-2021, including as attachments the Termination Plan setting forth an estimate of remaining project costs and other administrative fees and costs, together with an estimate of any surplus that may be available for distribution, and a proposed Termination Budget Exhibit B Agency Resolution No. 05-2021, including as attachments the Supplemental Termination Plan and the Supplemental Termination Budget, providing updates from the adoption of Agency Resolution No. 02-2021 Exhibit C Boundary Map of the Terminating Revenue Allocation Area Exhibit D Ordinance Summary APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 23 DAY OF SEPTEMBER 2021. Page 2 of 3 Ordinance 1007 Summary September 23,2021 DocuSign Envelope ID:7E40D8B3-7C90-431C-AF8C-C6257E17CF53 The full text of Ordinance No. 1007is available at the offices of the City Clerk, McCall City Hall, 216 East Park Street, McCall, Idaho, 83638. This summary is approved by the McCall City Council at its meeting of September 23, 2021. "7 * 7 1 By t ;.' ,,, P , s o sA Q R bert S Giles, Mayor ATTEST: If,Nilit/ „ tDh►ltil , By ¢. ,." .? " >',3 " BessieJo Wag r,Ltity Cler141 I, William F. Nichols, City Attorney for the city of McCall, Idaho, hereby declare and certify that in my capacity as City Attorney of the city of McCall, pursuant to Idaho Code Section 50-901A(3) of the Idaho Code, as amended, I have reviewed a copy of the above Summary of Ordinance, have found the same to be true and complete, and said Summary of Ordinance provides adequate notice to the public of the contents, including the exhibits, of Ordinance No. 1007. DATED this 23 day of September 2021. William F. Nichols City Attorney Page 3 of 3 Ordinance 1007 Summary September 23,2021 i IDAHO Po Box 36 . Boise ID 83722-0410 State Tax Commission 11321 W Chinden Blvd • Boise ID 83714-1021 February 17, 2022 RECEIVED FEB 2 4 2022 Bessie Jo Wagner McCall City Clerk 216 East Park St McCall, ID 83638 i jY k Subject: Ordinance No. ord. 1007 McCALL URBAN RENEWAL Dear Ms. Wagner: The Idaho State Tax Commission (ISTC) received the documentation that was provided for the dissolution of real property in McCALL URBAN RENEWAL, for tax year 2022. We approve and 4 recognize the map and legal description; however this approval and recognition is limited to the t acknowledgement that the map and legal description meet the requirements of Idaho Code Section 63-215, and IDAPA 35.01.03, referred to as the Idaho Property Tax Administrative Rules. `T Find current year information about taxing district change requests at the Current Status Web page. Please visit http://tax.idaho.gov/i-1069.cfm. i Sincerely, _ i 3 f Geographic Information Systems Division Technical Support Bureau Idaho State Tax Commission Phone (208) 334-7750 Email gis@tax.idaho.gov CC: June Fullmer, Valley County Assessor Douglas Miller, Valley County Clerk F t- 9 Equal Opportunity Employer • tax.1daho.gov • Hearing Impaired TDD(800)377-3529 pr VA ��1 - ■■ ■■ . ■■ I� ■ ■■■ .� iOEM == ■■■■■ ■■■■■� Now -- ,-■ ��,>;;lift �_ ■ 111111111 \ 11111111 ■■■■■■ cn —r cnEmmons LU M o = ' = ■■III■■ LL ~ W �► �� �i� Publisher’s Affidavit of Publication STATE OF IDAHO County of Valley }.ss } I, Tricia Warren, being duly sworn and say, I am the office manager of The Star-News, a weekly newspaper published at McCall, in the County of Val- ley, State of Idaho; that said newspaper is in general circulation in the county of afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for a period of one week in the regular and entire issue of every number there of during the period of time of publication, and was published in the newspaper proper and not in a supplement; and that publication of such notice began September 30, 2021 and ended September 30, 2021. _______________________________________ Subscribed and sworn before me this the 30th day of September, 2021. STATE OF IDAHO COUNTY OF VALLEY On this 30th day of September in the year of 2021, before me, a Notary Public, personally appeared Tricia Warren, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowl- edged to me that she executed the same. ________________________________________ Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires 1/19/2024 CITY OF MCCALLSUMMARY ORDINANCE NO. 1007SUMMARY OF ORDINANCE NO. 1007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF McCALL, IDAHO, IMMEDIATELY TERMINATING THE REVENUE ALLOCATION AREA FOR THE RAILROAD AVENUE PROJECT AREA; REQUIRING DISTRIBUTION OF ANY NON-OBLIGATED SURPLUS DETERMINED TO EXIST PUR-SUANT TO SECTION 50-2909, IDAHO CODE; AUTHORIZING THE CITY CLERK OR THE URBAN RENEWAL AGENCY OF THE CITY OF McCALL, IDAHO, ALSO KNOWN AS McCALL REDEVELOPMENT AGENCY, TO FILE THE ORDINANCE, TOGETHER WITH THE BOUNDARY MAP, WITH THE OFFICE OF THE COUNTY RECORDER, THE COUNTY ASSESSOR, AND THE IDAHO STATE TAX COMMISSION AS PROVIDED IN SECTION 63-215, IDAHO CODE; PROVIDING THAT A COPY OF THIS ORDINANCE SHALL BE GIVEN TO EACH OF THE TAXING ENTITIES AFFECTED BY SAID REV-ENUE ALLOCATION AREA; APPROVING THE SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO:Section 1: That the above statements are true and correct.Section 2: That the revenue allocation area contained in the Railroad Avenue Plan, as more particularly shown in Exhibit C, is hereby terminated, consistent with the termination provisions set forth in the Act.Section 3: That the Agency does not intend to take revenue allocation funds in calendar year 2022, generated from the 2021 assessed values, and the allocation of revenues under section 50-2908, Idaho Code, shall cease effective January 1, 2022.Section 4: That the reimbursement to the City for the completion of improvements and carryover costs related to the E. Lake Street & Brown Park Improvements Project and the final payment to Westover Artworks LLC for the mill whistle public art piece in conjunction with the finalization of the E. Lake Street & Brown Park Improvements Project that will carry over into the Agency’s FY2022 fiscal year will be paid from Agency’s cash carryover and/or avail-able fund balance.Section 4: That any non-obligated surplus funds deemed by the Agency to exist will be remitted to the County Clerk prior to the end of the Agency’s 2021 fiscal year on or before Sep-tember 30, 2021, or following the final accounting of the Agency’s 2021 fiscal year on or before September 30, 2022, to be distributed to the taxing districts in the same manner and proportion as the most recent distribution to the taxing districts of the taxes on the taxable property located within the revenue allocation area. See I.C. 50-2909(4). Further, any other remaining funds in subsequent fiscal years received by the Agency from delinquent taxes after September 30, 2021, shall be disbursed in the same manner each fiscal year.Section 5: That a copy of this Ordinance shall be sent to and/or filed with the Valley County Assessor’s Office, the County Auditor/Recorder, and the Idaho State Tax Commission, together with a boundary map, to provide notice of termination of the revenue allocation area in the Railroad Avenue Plan by either the City Clerk or Agency representatives.Section 6: At least one-half, plus one of the City Council members finding good cause, the City Council hereby dispenses with the rule that this Ordinance be read on three different days; two readings of which shall be in full, and have hereby adopted this Ordinance, having considered it at one reading.Section 7: That this Ordinance shall be in full force and effect immediately upon its adop-tion, approval, and publication.Section 8: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit D, is hereby approved.Section 9: All ordinances, resolutions, orders, or parts thereof in conflict herewith are hereby repealed, rescinded, and annulled.Section 10: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect.EXHIBITS TO THE ORDINANCEExhibit A Agency Resolution No. 02-2021, including as attachments the Termination Plan setting forth an estimate of remaining project costs and other administrative fees and costs, together with an estimate of any surplus that may be available for distribution, and a proposed Termination BudgetExhibit B Agency Resolution No. 05-2021, including as attachments the Supplemental Ter-mination Plan and the Supplemental Termination Budget, providing updates from the adoption of Agency Resolution No. 02-2021Exhibit C Boundary Map of the Terminating Revenue Allocation AreaExhibit D Ordinance SummaryAPPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 23 DAY OF SEPTEMBER 2021.The full text of Ordinance No. 1007is available at the offices of the City Clerk, McCall City Hall, 216 East Park Street, McCall, Idaho, 83638.This summary is approved by the McCall City Council at its meeting of September 23, 2021.By: Robert S Giles, MayorATTEST:By: BessieJo Wagner,City ClerkI, William F. Nichols, City Attorney for the city of McCall, Idaho, hereby declare and certify that in my capacity as City Attorney of the city of McCall, pursuant to Idaho Code Section 50-901A(3) of the Idaho Code, as amended, I have reviewed a copy of the above Summary of Or-dinance, have found the same to be true and complete, and said Summary of Ordinance provides adequate notice to the public of the contents, including the exhibits, of Ordinance No. 1007.DATED this 23 day of September 2021.William F. NicholsCity Attorney1tc9/30