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2007-33RESOLUTION NO. 2007 - 33 RESOLUTION OF THE CITY OF BLAIR, NEBRASKA, APPROVING A REDEVELOPMENT PLAN FOR THE CITY AND AGREEING TO THE PLEDGE OF TAXES IN A REDEVELOPMENT AREA FOR THE BENEFIT OF THE COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF BLAIR (DOWNTOWN PROJECT). WHEREAS, the City of Blair, Nebraska, a municipal corporation and city of the first class, has determined it be desirable to undertake and carry out urban redevelopment projects in areas of the City which are determined to be substandard and blighted and in need of redevelopment; and WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21, Nebraska Reissue Revised Statutes of 1997, as amended (the "Act "), prescribes the requirements and procedures for the planning and implementation of redevelopment projects; and WHEREAS, the City has previously declared an area described on Exhibit A attached hereto and incorporated herein by this reference of the City to be substandard and blighted and in need of redevelopment pursuant to the Act; and WHEREAS, the Community Development Agency of the City of Blair, Nebraska (the "Agency "), has prepared a Redevelopment Plan attached hereto as Exhibit B and incorporated herein by this reference (the "Redevelopment Plan" or "Plan "), pursuant to Section 18 -2111 of the Act, and recommended the Redevelopment Plan to the Planning Commission of the City; and WHEREAS, the Planning Commission of the City reviewed the Redevelopment Plan pursuant to the Act and submitted its recommendations, if any, to the City, pursuant to Section 18- 2114 of the Act; and WHEREAS, following consideration of the recommendations of the Agency to the Planning Commission, the recommendations of the Planning Commission to the City, if any, and following the public hearing with respect to the Redevelopment Plan, the City has decided to approve the Plan; and WHEREAS, there has been presented to the City by the Agency for approval a specific Redevelopment Plan for the Redevelopment Area; and WHEREAS, the City published notices of a public hearing and mailed notices as required pursuant to Section 18 -2115 of the Act and has, on the date of the Resolution held a public hearing on the proposal to adopt and approve the Redevelopment Plan. NOW, THEREFORE, be it resolved by the City Council of the City of Blair, Nebraska: 1. The Redevelopment Plan of the City approved for the area described on the attached Exhibit A, including the Redevelopment Plan described on the attached Exhibit B, is hereby determined to be feasible and in conformity with the general plan for the development of the City of Blair as a whole and the Redevelopment Plan identified on the attached Exhibit B, is in conformity with the legislative declarations and determinations set forth in the Act; and it is hereby found and determined, based on the analysis conducted by the Agency, that (a) the redevelopment project in the plan would not be economically feasible without the use of tax - increment financing, (b) the redevelopment project would not occur in the community redevelopment area without the use of tax - increment financing, and (c) the costs and benefits of the Redevelopment Project, including costs and benefits to other affected political subdivisions, the economy of the community, and the demand for public and private services have been analyzed by the City and have been found to be in the long- term best interest of the community impacted by the Redevelopment Plan. 2. The Redevelopment Plan is hereby adopted and approved, and the Agency is hereby directed to implement the Redevelopment Plan in accordance with the Act. 3. Pursuant to Section 18 -2147 of the Act, ad valorem taxes levied upon real property in the Redevelopment Plan included or authorized in the Plan which is legally described in the attached Exhibit B shall be divided, for a period not to exceed 15 years after the effective date of this provision, which effective date shall be January 1, 2007 as follows: a. That portion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the Redevelopment Project Valuation (as defined in the Act) shall be paid into the funds of each such public body in the same proportion as all other taxes collected by or for the bodies; and b. That portion of the ad valorem tax on real property in the Redevelopment Project in excess of such amount, if any, shall be allocated to, is pledged to, and, when collected, paid into a special fund of the Agency to pay the principal of, the interest on, and any premiums due in connection with the bonds, loans, notes or advances of money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Agency for financing or refinancing, in whole or in part, such Redevelopment Project. When such bonds, loans, notes, advances of money, or indebtedness, including interest and premium due have been paid, the Agency shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such Redevelopment Project shall be paid into the funds of the respective public bodies. c. The Mayor and City Clerk are authorized and directed to execute and file with the Treasurer and Assessor of Washington County, Nebraska, a Notice to Divide Taxes with respect to each Redevelopment Project. 4. The City hereby finds and determines that the proposed land uses and building requirements in the Redevelopment Area are designed with the general purposes of accomplishing, in accordance with the general plan for development of the City, a coordinated, adjusted and harmonious development of the City and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity; and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of a healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreation and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe dwelling accommodations, or conditions of blight. 5. Any resolution passed and approved prior to the passage and approval of this Resolution which is in conflict with the terms and provisions of this Resolution is hereby repealed to the extent of such conflict. This Resolution shall take effect and be in force and effect from and after its passage and approval as required by law. The provisions of this resolution are separable, and invalidity of any phrase, clause, or part of this Resolution shall not affect the validity or effectiveness of the remainder of this Resolution. 6. The Mayor and City Clerk are hereby authorized and directed to execute such documents and take such actions as are necessary to carry out this Resolution. Passed and approved this 22nd day of May, 2007. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON ROLL CALL, COUNCIL MEMBERS SCHEVE VOTING "AYE ", AND COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, CHRISTIANSEN, ABBOTT AND BIFFAR VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS PASSED AND ADOPTED THIS 22ND DAY OF MAY, 2007. ATTEST: /WA #4.)kAALN B' NDA WHEELER, CITY CLERK CITY OF BLAIR, NEBRASKA J ; ME REALPH, MAYOR EXHIBIT A REDEVELOPMENT AREA TIF Area #2 — Downtown Area Metes and bounds description Corrected on May 22, 2007 Beginning at the northeast corner of Tax Lot 600 of Section 11, Township 18 north, Range 11 East of the 6th P.M., this point being the point of beginning; thence easterly to the northwest corner of Tax Lot 592 of said Section 11; thence easterly along the north lot line of said Tax Lot 592 crossing to Tax Lot 521 of said Section 11 to the northeast comer of said Tax Lot 521; thence southerly along the east lot line of said Tax Lot 521 to the northwest corner of Tax Lot 520 of said Section 11; thence easterly to the northeast lot corner of said Tax lot 520, this point also being on the westerly right -of- way line of 17th Street, a platted street in Blair, Washington County, Nebraska; thence easterly to the northwest lot comer of Tax Lot 455 of said Section 11; thence easterly along the north lot line of said Tax Lot 455 crossing to Tax Lot 497 and Tax Lot 496 both of said Section 11, to the northeast lot comer of said Tax Lot 496, this point also on the west right -of -way line of 16th Street, a platted street in Blair, Washington County, Nebraska; thence easterly to the northwest lot corner of Tax Lot 86 of Section 12, Township 18 North, Range 11 East of the 6th P.M.; thence easterly along the north lot line of said Tax Lot 86 crossing to Tax Lot 125 of said Section 12 to the northeast lot comer of said Tax Lot 125, this point also being on the west lot line of Tax Lot 230 of said Section 12; thence northerly along the west lot line of said Tax Lot 230 to the northwest lot corner of said Tax Lot 230; thence easterly along the north lot line of said Tax Lot 230 crossing to 231 of said Section 12 to the southeast lot comer of said Tax Lot 231, this point also being on the north right -of -way of Front Street, a platted street in Blair, Washington County, Nebraska; thence easterly along the north right - of -way of said Front Street to the northwest lot corner of Tax Lot 106 of said Section 12; thence easterly along the north lot line of said Tax Lot 106 to the northeast lot corner of said Tax Lot 106, this point also being on the west right -of -way line of 12th Street a platted street in Blair, Washington County, Nebraska; thence easterly to the northwest lot corner of Tax Lot 237 of said Section 12; thence easterly along the north lot line of said Tax Lot 237 crossing to Tax lots 238, 208, 128, 139, 221, 246, all of said Section 12, to the northeast lot comer of said Tax Lot 246, this point also being on the west right -of -way line of 10th Street a platted street in Blair, Washington County, Nebraska; thence easterly to the northwest lot comer of Tax Lot 186 of said Section 12; thence easterly along the north side of said Tax Lot 186 crossing to Tax Lot 224 of said Section 12 to the northeast lot corner of said Tax Lot 224; thence southerly along the east line of said Tax Lot 224 to the northeast lot comer of Tax Lot 225 of said Section 12; thence southerly to the southeast lot comer of said Tax Lot 225, this point also on the north lot line of Tax Lot 187 of said Section 12; thence easterly along the north line of said Tax Lot 187 to the northeast lot corner of said Tax Lot 187; thence southerly to the southeast comer of said Tax Lot 187, this point also being on the north right -of -way of US Highway 30; thence southerly to the southeast corner of the intersection of US Highway 30 and 9th Street, a platted street in Blair, Washington County, Nebraska; thence southerly along the east right - of -way line of 9th Street to the southeast comer of the intersection with Lincoln Street; thence westerly along the south right -of -way line of Lincoln Street to the southeast comer of the intersection of 15th and Lincoln Streets; thence southerly along the east right -of -way line of said 15th Street to the southeast comer of the intersection of 15th and Grant Streets; thence westerly along the south right -of -way line of Grant Street to the southwest corner of the intersection of 17th and Grant streets; thence northerly along the west right -of -way line of 17th Street to the southwest corner of the intersection of 17th and Lincoln Streets; thence westerly along the south right -of -way line of Lincoln Street to the southwest comer of the intersection of Highway 30 and Lincoln Street; thence northerly A -1 along the west right -of -way line of Highway 30 to the northwest corner of the intersection of Highways 30 and 75; thence continuing northerly along the west right -of -way line of Highway 75 to the northeast corner of said Tax Lot 600, this being the point of beginning, all within the City of Blair, Washington County, Nebraska. OVERVIEW: THE REDEVELOPMENT PLAN: EXHIBIT B REDEVELOPMENT PLAN DEVELOPMENT PLAN FOR AREA #2, PROJECT 1 This plan is intended to redevelop an area within the City of Blair, which has been declared blighted and substandard within the meaning of the Community Development Law of the State of Nebraska. The City intends to develop and rehabilitate the real estate shown on Exhibit A by possibly purchasing a portion of the area described on Exhibit A and clearing out a portion of the area described on Exhibit A for redevelopment. The redevelopment may include, but is not limited to new city street(s) and ancillary public infrastructure. The Project area described on Exhibit A will not be without the benefit of tax increment financing. The costs and risks of the project are simply too great to be absorbed entirely by private industry without the assistance of tax increment financing. The City anticipates it will issue bonds, notes, or some other form of qualified indebtedness to be repaid from the incremental tax revenues generated by the redevelopment project pursuant to § 18 -2147 of the Nebraska Revised Statutes, for a period of 15 years from an effective date of January 1, 2007. The City will use the proceeds of the bonds to assist in payment of Project Costs in the construction and acquisition of the project. The existing assessed value of the Project Area is $18,982,500. The estimated completed value is $25,582,500 for an incremental value of $6,600,000. 1. Relationship of Plan to Local Objectives for Appropriate Land Use. This plan contemplates no change in current land use. The land use will remain primarily commercial. Reutilization of the existing real estate meets existing local objectives for appropriate land use for the area affected by this plan. The new development is targeted to entice new residents and business to the community for general economic support of the community and to retain vital services in the City. 2. Relationship of Plan to Local Objectives For Improved Traffic Flow and Public Utilities in Plan Area. No changes are contemplated in public utilities. The City is contemplating new street infrastructure in order to reduce traffic congestion and increase safety to both drivers and pedestrians. 3. Relationship of Plan to Local Objectives for Community This plan will provide a needed commercial facility in Blair. 4. Redevelop ment Proiect Boundaries. Exhibit A describes the boundaries of the Project. 5. Proposed Land Use Plan. The proposed land use plan after redevelopment is some type of commercial development. 6. Information on Standards for Population Densities: Land Coverage; Building Intensities; and Land Coverage after Redevelopment. Population density will not change for the area. 7. Statement Regarding Change in Street Layouts. This Plan proposes the extention of 13 and Front Streets. 8. Site Plan after Redevelopment. The proposed site plan of the redevelopment project after full redevelopment provides for clearing the area of dilapidated structures for commercial development. 9. Statement as to the Kind and Number of Additional Public Facilities or Utilities Required to Support Land Use after Redevelopment. No additional public utilities are required to support the proposed plan, as discussed above. 10. Public Cost /Benefit Analysis. This plan anticipates the City will purchase part of and clear part of an area for commercial development in Blair. It is intended that no public funds, other than the tax increment financing benefit, will be used on the acquisition and development of the property. Any bonds issued pursuant to this plan shall not be backed by the City or the Agency unless such bonds are issued for the sole benefit of the City, and will only be repaid from the increased ad valorem tax stream created by rehabilitation of the Project Area described on Exhibit A , over a 15 year period, commencing January 1, 2007. All ad valorem taxes currently being paid by the facility will continue to be paid to the normal taxing authorities, including the school district, the City of Blair, and Washington County, subject to current valuation adjustment. After the 15 year TIF period, the increased taxes will also be paid to the normal taxing authorities. authorities. Tax Benefit: The real estate taxes from the land will continue to be paid to the taxing The project will result in new commercial space in the City. This will not require additional schools be built or result in an additional burden on community facilities. Therefore, no undue stress on the school system, police or fire protection is contemplated. 11. Pledge of Incremental Taxes. Pursuant to Section 18 -2147 of the Act, and ad valorem tax levied upon the following real property in the redevelopment project: to wit: Beginning at the northeast comer of Tax Lot 600 of Section 11, Township 18 north, Range 11 East of the 6th P.M., this point being the point of beginning; thence easterly to the northwest comer of Tax Lot 592 of said Section 11; thence easterly along the north lot line of said Tax Lot 592 crossing to Tax Lot 521 of said Section 11 to the northeast corner of said Tax Lot 521; thence southerly along the east lot line of said Tax Lot 521 to the northwest corner of Tax Lot 520 of said Section 11; thence easterly to the northeast lot corner of said Tax lot 520, this point also being on the westerly right -of -way line of 17th Street, a platted street in Blair, Washington County, Nebraska; thence easterly to the northwest lot corner of B -2 Tax Lot 455 of said Section 11; thence easterly along the north lot line of said Tax Lot 455 crossing to Tax Lot 497 and Tax Lot 496 both of said Section 11, to the northeast lot comer of said Tax Lot 496, this point also on the west right -of -way line of 16th Street, a platted street in Blair, Washington County, Nebraska; thence easterly to the northwest lot comer of Tax Lot 86 of Section 12, Township 18 North, Range 11 East of the 6th P.M.; thence easterly along the north lot line of said Tax Lot 86 crossing to Tax Lot 125 of said Section 12 to the northeast lot comer of said Tax Lot 125, this point also being on the west lot line of Tax Lot 230 of said Section 12; thence northerly along the west lot line of said Tax Lot 230 to the northwest lot comer of said Tax Lot 230; thence easterly along the north lot line of said Tax Lot 230 crossing to 231 of said Section 12 to the southeast lot comer of said Tax Lot 231, this point also being on the north right -of -way of Front Street, a platted street in Blair, Washington County, Nebraska; thence easterly along the north right -of -way of said Front Street to the northwest lot corner of Tax Lot 106 of said Section 12; thence easterly along the north lot line of said Tax Lot 106 to the northeast lot comer of said Tax Lot 106, this point also being on the west right -of -way line of 12th Street a platted street in Blair, Washington County, Nebraska; thence easterly to the northwest lot corner of Tax Lot 237 of said Section 12; thence easterly along the north lot line of said Tax Lot 237 crossing to Tax lots 238, 208, 128, 139, 221, 246, all of said Section 12, to the northeast lot corner of said Tax Lot 246, this point also being on the west right -of -way line of 10th Street a platted street in Blair, Washington County, Nebraska; thence easterly to the northwest lot corner of Tax Lot 186 of said Section 12; thence easterly along the north side of said Tax Lot 186 crossing to Tax Lot 224 of said Section 12 to the northeast lot corner of said Tax Lot 224; thence southerly along the east line of said Tax Lot 224 to the northeast lot corner of Tax Lot 225 of said Section 12; thence southerly to the southeast lot comer of said Tax Lot 225, this point also on the north lot line of Tax Lot 187 of said Section 12; thence easterly along the north line of said Tax Lot 187 to the northeast lot corner of said Tax Lot 187; thence southerly to the southeast corner of said Tax Lot 187, this point also being on the north right -of -way of US Highway 30; thence southerly to the southeast corner of the intersection of US Highway 30 and 9th Street, a platted street in Blair, Washington County, Nebraska; thence southerly along the east right - of -way line of 9th Street to the southeast corner of the intersection with Lincoln Street; thence westerly along the south right -of -way line of Lincoln Street to the southeast comer of the intersection of 15th and Lincoln Streets; thence southerly along the east right -of -way line of said 15th Street to the southeast corner of the intersection of 15th and Grant Streets; thence westerly along the south right -of -way line of Grant Street to the southwest corner of the intersection of 17th and Grant streets; thence northerly along the west right -of -way line of 17th Street to the southwest corner of the intersection of 17th and Lincoln Streets; thence westerly along the south right -of -way line of Lincoln Street to the southwest comer of the intersection of Highway 30 and Lincoln Street; thence northerly along the west right -of -way line of Highway 30 to the northwest corner of the intersection of Highways 30 and 75; thence continuing northerly along the west right -of -way line of Highway 75 to the northeast corner of said Tax Lot 600, this being the point of beginning, all within the City of Blair, Washington County, Nebraska. as surveyed, platted and recorded, now being a part of the City of Blair, all in Washington County, Nebraska shall be divided, for the period not to exceed 15 years after the effective date of the provision, which effective date shall be January 1, 2007: a. That portion of the ad valorem tax which is produced by levy at the rate fixed B -3 each year by or for each public body upon the redevelopment project valuation shall be paid into funds, of each such public body in the same proportion as all other taxes collected by or for the bodies; and b. That portion of the ad valorem tax on real property in the redevelopment project in excess of such amount, if any, shall be allocated to and, when collected, paid into a special fund of the Agency to pay the principal of the interest on, and any premiums due in connection with the bonds, loans, notes, or advances on money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Agency for financing or refinancing, in whole or in part, a redevelopment project. When such bonds, loans, notes, advances of money, or indebtedness including interest and premium due have been paid, the Agency shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such redevelopment project shall be paid into the funds of the respective public bodies.