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I' ßuu'" RESOLUTION NO: 08-l 8697 A RESOLUTION REPEALING RESOLUTION 08-18687 DECLARING THE CITY COLTNCIL INTENT TO CREATE A SOUTH BILLINGS BOULEVARD URBAN RENEWAL DISTRICT WITH TAX INCREMENT AUTHORITY; DECLARING THE EXISTENCE OF BLIGHT WITHIN THE SOUTH BILLINGS BOULEVARD URBAN RENEWAL AREA; SETTING A PUBLIC HEARING DATE; AND REQUIRING PUBLICATION AND MAILING OF THE NOTICE OF HEARINC WHEREAS, at the March 10, 2008, City Council meeting, the council adopted Resolution @-18687 that corrected the legal description included in Resolution 07-18627 that declared blight, stated the intent to create an urban renewal district and set a date of a public hearing; WHEREAS, Resolution M-18687 contained a description of the public hearing date and intent and the public notification process for the South Billings Boulevard Urban Renewal Plan, The public notification was published one time in a newspaper of general circulation and notices were mailed to each property owner within the district. State statute requires publication oftwo public notices in a newspaper ofgeneral circulation at least six days aput(7-l-4127, MCA); WHEREAS, the City wishes to provide the proper public notification of its intent to create the South Billings Boulevard Urban Renewal District and follow the process as outlined in State Law, and is adopting this amended resolution as part of the required process; WHEREAS, under the provisions of Montana Code Annotated, Title 7, Chapfer 15, Parts 42 and 43, as amended (the "Act"), ttre City of Billings, Montana (the "City") is authorized, among other things, to identifu and declare an area as containing blight with the intention of eliminating it througþ urbal renewal; and WHEREAS, the City is authorized by the Act to create urban renewal areas with tax increment provisions by adopting an urban renewal plan by ordinance; and WHEREAS, an urban renewal plan has been prepared for the proposed South Billings Boulevard Urban Renewal District; and WHEREAS, the City Council desires to conduct a public hearing on the draft urban renewal plan for the proposed South Billings Boulevard Urban Renewal District to determine if it is desirable to create the district. NOV/, THEREFORE, the City Council of the City of Billings, Montana, deglares and resolves as follows: L Description of Proposed District The area being considered for inclusion in the proposed urban renewal area is described as: Starting at the intersection of Súaúe Avenue and Van Buren Street, extending south down the centerline of Van Buren Súreeú to the intersection of Van Buren Sfreeú and Roosevelt Avenue, extending east down the centerline of Roosevelt Avenue to the intersection of Roosevelt Avenue and Jackson Street, extending south down the eenterline of Jackson Súreef to the intersection of Jackson Sfreeú and Madison Avenue, extending east down the centerline of Madison Avenue to the intersection of Madison Avenue and Washington Street, extending south down the centerline of Washington Street to the intersection of the centerline of Washington Súreeú and the existíng City of Billíngs city lÍmit boundary, extending south along the existing city limit boundary to the intersection of Jackson Súreeú and Kng Avenue East, extend¡ng east along the centerline of Kng Avenue East to the intersection of King Avenue East and Washington Sfreef, ertending south along the centerline of Washington Street and its projection across the lnterstate 90 right-of-way, to a point intersecting the said ex¡st¡ng city limits, thence in a westerly and southerly direction following along the said existing city limit Page I of3 ---PAGE BREAK--- boundary to a poìnt which infersecfs with the extension of the southern boundary of Tract 1, C/S 2834, then west along saÍd southern boundary of Tract 1, ClS 2834 and southern houndary of, Block 4 of WeÍl Subdlvision to the intersectîon with the centerlìne of Mullowney Lane, extending north along the centerline of Mullowney Lane and its proIectìon to the centerline of Laurel Road, extending northeast along the centerline of Laurel Road to the intersection with the centerline of Underpass Avenue, extendìng northeast along said centerline fo l'fs intersection with State Avenue, extending east along the centerline of State Avenue to the ending point at the ìntersection of State Avenue and Van Buren Sfreef. Excluding all nonìncorporated land wìthÍn the boundary and Tract 2A of C/S 741, 2. Determination of blieht. A requirement of Montana Annotated Code 2005 is to justifu an urban renewal plan through the determinatíon of blight. Blight is defined as an area that is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime; substantially impairs or arrests the sound growth of the city or its environs; retards the provision of housing accommodation; or constitutes an economic or social liability or is detrimental or constitutes a menace to the public health, safety, welfare, and morals in its present condition and use, by reason of: . the substantial physical dilapidation; deterioration; defective construction, material, and arrangement; or age obsolescence of buildings or improvønmts, whether residential or nonresidential; . inadequate provision for ventilation, light, proper sanitary facilities, or open spaces as determined by competent appraisers on the basis of an examination of the building standards of the municipality; . inappropriate or mixed uses of land or buildings; . dcfective or inadequate street layout; . faulty lot layout in relation to size, adequacy, accessibility, or usefulness; ' unsanitary or unsafe conditions; ' deteriorationofsite; . improper subdivision or obsolete platting; . the existence ofconditions that endanger life or property by fire or other causes; The area in the proposed district contains a gîeat deal of blight. Within the dishict there is substantial structural deterioration, long-term land vacancy, and significant infrastructure needs. Several ofthe commercial buildings in the district are vacant or deteriorated and need demolition. Many of the sidewalks are cracked or nonexistent, alleys are deteriorated, and, in general, much ofthe area is below city standards. In contrast to the above, there are certain properties within the district in good repair but included in the district to allow for a contiguous block of land within the district; and because pockets of revitalization cannot be sustained if areas of neglect and blight sunound them. Over time, without continued managed urban renewal, even these success stories will once again decline in taxable value. Portions of the district fall into the blighted, neglected and under-utilized categories. Maps 4 and 5 in the urban renewal plan show the current infrastructure conditions within the district. 3. Intent to Create an Urban Renewal Area with Tax lncrement Authority. Pursuant to the Act and considering the blighted conditions cited above, the City Council declares its intention to create a South Billings Boulevard Urban Renewal Area and that public improvements that will stimulate private investment in the area may be financed in part through tax increment generated from the District, subject to a public hearing and adoption ofthe draft urban renewal plan by ordinance. 4. Public Hearine, A public hearing is hereby called and shall be held on April 28, 2008 at 6:30 p.m. in the Council Chambers at 220 N. 27th Street, on whether to adopt the draft urban renewal plan for the proposed South Billings Boulevard Urban Renewal Area. 5. Publication and Mailing of Notice. The City Clerk is hereby authorized and directed to cause notice of the public hearing to be published in the Billings Times at least twice with at least 6 days separating each publication prior to the date set for the hearing ærd to mail notice ofsuch hearing not less than 10 days prior to the date of the hearing to the persons whose names appear on the county treasurer's tax roll as the owners, reputed owners, or purchasers under conhact for the deed ofthe Property, atrhe addresses shown on the tax ro11. Page2.of 3 ---PAGE BREAK--- APPROVED AND PASSED bythe City Council of the City of Billings ttris l4ttr day of April, 2008. CITY OF BILLINGS: BY: Tussing, Mayor ATTEST: BY: Aan,T'tt LM^"J Cari Martin, City Clerk Page 3 of3 ---PAGE BREAK---