HomeMy WebLinkAboutOrdinance No. O09-04ORDINANCE NO. 009-04
ORDINANCE MODIFYING PREVIOUSLY ADOPTED ORDINANCE NO. 008-09 AND
ORDINANCE NO. 007-11 TO RENUMBER AND REVISE CERTAIN CHAPTERS FOR
PURPOSES OF CODIFICATION INTO THE LAUREL MUNICIPAL CODE.
WHEREAS, the City Council previously adopted Ordinance No. 008-09 and Ordinance No. 007-
11 creating a Laurel Urban Renewal Agency and Laurel Urban Renewal Area both to be incorporated into
the Laurel Municipal Code; and
WHEREAS, the numbering proposed for use in each Ordinance requires modification for purposes
of codification into the existing Laurel Municipal Code; and
IT IS HEREBY ORDAINED by the City Council of the City of Laurel, Montana, that the
following chapters are hereby modified and adopted into the LAUREL MUNICIPAL CODE as set forth
below.
Title 18
LAUREL URBAN RENEWAL AGENCY AND RENEWAL AREA
Chapters:
18.02 Laurel Urban Renewal Agency
18.04 Laurel Urban Renewal Area
Chapter 18.02
LAUREL URBAN RENEWAL AGENCY
Chapters-- Sections:
18.02.010 Creation and establishment of an urban renewal agency.
18.04 02.020 Agency composition and Term of offices.
18.06 02.030 Commissioners.
18.09 02.040 Advisory Members.
18.48.02.050 Operation.
18.43.02.060 Agency authority and duties.
18.44.02.070 Control of conflict of interest.
18.02.010 Creation and establishment of an urban renewal agency.
The city council hereby establishes and creates an advisory board to be known as the Laurel Urban Renewal Agency
("Agency") in accordance with MCA § 7-15-4232. A Board of Commissioners "commissioners" is created as provided
herein and shall administer the Agency. The mayor shall appoint all commissioners with approval of the city council.
18.04 02.020 Agency composition and term of offices.
The Board shall constitute five voting commissioners, all of who must reside in the city limits. The initial voting
membership shall consist of one member appointed for 1 year, one member for 2 years, one member for 3 years, and two
members for 4 years. Each appointment thereafter shall be for 4 years. In addition to the five commissioners, the mayor,
009-04 ORDINANCE MODIFYING NUMBERING FOR CODIFICATION OF LAUREL URBAN RENEWAL AGENCY AND AREA
with approval of the city council, shall appoint four advisory members, as provided herein, who shall not vote but shall
provide advice and counsel to the voting commissioners.
18." 02.020 Commissioners.
A. Each commissioner shall hold office until his/her successor is appointed and has qualified.
B. A commissioner shall receive no compensation for his/her service but is entitled to authorized necessary expenses,
including traveling expenses, incurred in the discharge of his/her duties.
C. Any person may be appointed as a commissioner if he/she resides within the city limits. If possible, the preferred
composition of the Agency should include two residents of the district, two city resident business owners in the district, and
one member city resident at large.
D. A commissioner may be removed by the city council for inefficiency, neglect of duty, or misconduct in office.
Misconduct in office is defined by MCA § 7-15-4240.
E. A majority of the commissioners shall not hold any other public office under the city other than their membership or
office with respect to the Agency.
F. The powers and responsibilities of the Agency shall be exercised by the commissioner; according to adopted bylaws
approved by the city council. A majority of the commissioners shall constitute a quorum for the purpose of conducting
business and exercising the powers and responsibilities of the Agency and for all other purposes. Action may be taken by
the Agency upon a vote of a majority of the commissioners (three) unless the bylaws shall require a larger number.
18.05.02.040 Advisory Members.
A. In addition to the five voting commissioners, the Agency shall include a non-voting advisory membership of not
more than four individuals. The initial membership shall consist of one member appointed for 1 year, one for 2 years, one for
3 years, and one for 4 years. Each appointment thereafter shall be for 4 years. Advisory members must possess a
demonstrated interest in the district, specific expertise and/or other qualifications necessary to help the Agency implement
the renewal plan.
1. Each advisory member shall hold office until his/her successor has been appointed and has qualified.
2. An advisory member shall receive no compensation for his/her services but may be entitled to authorized necessary
expenses, including traveling expenses, incurred in
the discharge of his/her duties in the discretion of the Mayor.
3. An advisory member may be removed by the city council for inefficiency, neglect of duty, or misconduct in office.
Misconduct in office is defined by MCA § 7-15-4240.
B. City staff shall perform the Agency's administrative duties as assigned, until other funding becomes available from
alternate sources to hire and pay for permanent staff, if requested by the Agency and approved by the city council.
18.48 02.050 Operation.
The board shall operate in accordance with bylaws that are adopted by the city council. The board shall schedule its
own meetings' dates and times for the convenience of its members and shall keep a record of its proceedings. All meetings
are open to the public in accordance with Montana's Open Meeting Law, MCA §2-3-201 et seq. All meeting dates and
times shall be posted at City Hall. A majority of the Commissioners shall constitute a quorum for the transaction of
business.
18.44 02.060 Agency authority and duties.
A. In accordance with MCA § 7-15-4232(2), the city council shall assign the Agency the appropriate powers listed in
MCA § 7-15-4233 by resolution. All powers not specifically assigned to the Agency by the city council are specifically
reserved to and for the city council. The Agency shall act in an advisory capacity to the city council and shall exercise all
assigned powers consistent with the previously approved Laurel Urban Renewal Plan. The city council may modify the
Laurel Urban Renewal Plan in accordance with MCA § 7-15-4221.
009-04 ORDINANCE MODIFYING NUMBERING FOR CODIFICATION OF LAUREL URBAN RENEWAL AGENCY AND AREA
B. Annual report. On or before September 30 of each and every year, the Agency shall provide the city council a
written report of its activities for the preceding fiscal year. The report shall contain a complete financial statement setting
forth all appropriate expenditures, income, assets, liabilities and operating expenses. At the time of filing the report, the
Agency shall publish notice, in a newspaper of general circulation, that the report has been filed with the city council and is
available for inspection at the office of the city clerk/treasurer during business hours and if applicable, the Agency's Office.
C. Annual work program and budget. The Agency shall also prepare an annual work program (AWP) and proposed
budget that provides a list of planned activities for the fiscal year along with the estimated costs of the planned activities.
The AWP must also contain the proposed methods of financing the planned activities. The Agency shall provide public
notice in a newspaper of general circulation and conduct a public hearing prior to the submittal of the AWP to the city
council. The AWP and budget may be amended during the course of the city's fiscal year, in light of funding and program
changes. All budgets and revised budgets shall be reviewed and approved by the city council as required by Montana Law.
18.44 02.070 Control of conflict of interest.
A. In accordance with MCA § 7-15-4239, the Agency and City shall comply with the following:
1. A public official, city employee or employee of the Agency or officers of the city that have been vested with urban
renewal project powers and responsibilities by city council resolution may not voluntarily acquire any interest, direct or
indirect, in any urban renewal project, in any property included or planned to be included in any urban renewal project
of the city, or in any contract or proposed contract in connection with an urban renewal project.
2. When an acquisition is not voluntary, the interest acquired must be immediately disclosed in writing to the city
council and the disclosure entered upon the minutes of the city council.
B. If a city official or department head owns or controls or has previously owned or controlled within 2 years prior to
the date of hearing on the urban renewal project any interest, direct or indirect, in any property that the person knows is
included in an urban renewal project, the person shall immediately disclose this fact in writing to the city council. The
disclosure shall be entered upon the minutes of the city council. A city official or department head may not participate in any
action on that particular project by either the Agency or the city council who possess urban renewal project powers under
MCA § 7-154233.
Chapter 18.04
LAUREL URBAN RENEWAL AREA
Sections
18.04.010 _ Findings.
18.04.020 Plan Adoption.
18.04.030 Existence of Blight.
18.04.040 Effective Date.
1. 18.04.010 FINDINGS. The City Council hereby declares the property located within the renewal area, as described in
Attachments A and B, have deficiencies regarding public infrastructure and facilities.
18.04.020 PLAN ADOPTION. The City Council hereby adopts the Laurel Urban Renewal Plan and included in such
plan is a provision for tax increment financing in accordance with Title 7 Chapter 15 Parts 42 and 43 of the Montana Code
Annotated. The Laurel Urban Renewal Plan is available at the City Clerk/Treasurer's Office during business hours.
3-. 18.04.030 EXISTENCE OF BLIGHT. The City Council hereby finds the following conditions of blight exist in the
Urban Renewal District as defined in MCA § 7-15-4206:
"(-;? A) "Blighted area" means an area that is conducive to ill health, transmission of disease, infant
009-04 ORDINANCE MODIFYING NUMBERING FOR CODIFICATION OF LAUREL, URBAN RENEWAL AGENCY AND AREA
CITY OF LAUREL
K eth E. Olson, Jr.-Mr
ATTEST:
Mary K. Ofnbleton, Clerk-Treasurer
R V AST ORM:
Sam S. Painter, ega C unsel
Elk River Law Office, P.L.L.P.
009-04 ORDINANCE MODIFYING NUMBERING FOR CODIFICATION OF LAUREL URBAN RENEWAL AGENCY AND AREA
mortality, juvenile delinquency, and crime; substantially impairs or arrests the sound growth of the city or
its environs; retards the provision of housing accommodations; 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.
1. (2} (a) the substantial physical dilapidation; deterioration; defective construction, material, and
arrangement; or age obsolescence of buildings or improvements, whether residential or nonresidential."
0 FLOODING
Portions of the district experience flooding during certain rain events causing unsafe conditions.
The current capacity or lack of capacity of the storm drain system results in unsafe and unsanitary
conditions, therefore are a menace to public health and safety.
2. (24(b) 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;
0 LACK OF GREEN SPACE
There is a decided lack of green space available in the district to be enjoyed by the citizens of
Laurel. Vacant areas have the potential to be rehabilitated as public green space.
3. (24* defective or inadequate street layout;
Cal STREET IMPROVEMENTS
Certain intersections are in need of improvements due to the increased or projected increase in
automobile and truck traffic. In addition, the street surfaces are in need of repair due to the
inadequate drainage and amount of traffic utilizing the roadways.
4. " unsanitary or unsafe conditions;
Laa) PUBLIC SAFETY
Certain areas do not have street lights, sidewalks, curbs, gutters, or sidewalks. The installation of
these types of infrastructure is vital for the public safety.
4= 18.04.040 EFFECTIVE DATE: This ordinance shall become effective the 27`s day of December, 2007.
This Ordinance becomes effective thirty (30) days after final passage by the City Council and approval
by the Mayor.
Introduced and passed on first reading at a regular meeting of the City Council on
March 17 , 2009, by Council Member Rodgers .
PASSED and ADOPTED by the Laurel City Council on second reading this 21st day of
ril , 2009, upon motion of Council Member Eaton
APPROVED BY THE MAYOR this 21st day of April 7 2009.
009-04 ORDINANCE MODIFYING NUMBERING FOR CODIFICATION OF LAUREL URBAN RENEWAL AGENCY AND AREA
ATTACHMENT A
LEGAL DESCRIPTION OF THE LAUREL URBAN RENEWAL DISTRICT
Starting at the intersection of West 3rd Street and 4th Avenue, extending south along the centerline of
4th Avenue to the intersection with West V Street. Proceeding West down the centerline of West 1
Street to the intersection of South 8th Avenue. Down the centerline ofNorth 8th Avenue, transitioning
to South 8th Avenue, to the intersection of South 1 s' Street. Extending East and North to the
intersection of South 5th Avenue. Extending South down the centerline of South 5th Avenue to the
intersection of West Railroad Street. Following the centerline of West Railroad Street to the
northwestern boundary o fproperty boundary ofproperty LT 12-16 BLK 31 EAST YELLOWSTONE
SUBDIVISION. Proceeding Southwest following the Western boundary of property LT 17-18 BLK
31 EAST YELLOWSTONE SUBDIVISION, proceeding Southwest along the western boundary of
property LT 19-25 BLK 31 EAST YELLOWSTONE SUBDIVISION & N30' ABND S 2ND ST,
following the western boundaries of LT 1-18 BLK 30 EAST YELLOWSTONE SUBDIVISION &
S30 FT ABND S 2ND ST & N10 FT ADJ ALLEY PELICAN/LOCOMOTIVE INN & CASINO WD
and the western boundary ofproperty LT 19-22 BLK 30 EAST YELLOWSTONE SUBD. Proceeding
south to the northwestern point of property LT 7-21 BLK 29 EAST YELLOWSTONE
SUBDIVISION & TR A-B COS 2460, following the western boundary of said property to the
intersection of South 4th Street and South I' Avenue. Starting east, following the municipal limits of
the City of Laurel to the intersection of Alder Avenue and East I" Street. Following the centerline of
East 1 ? Street Southwest to the intersection of East Third Street. Proceeding west along the centerline
of East 3rd Street, transitioning to West 3rd Street, to the intersection of West 3rd Street and 4th
Avenue.
009-04 ORDINANCE MODIFYING NUMBERING FOR CODIFICATION OF LAUREL URBAN RENEWAL AGENCY AND AREA
ATTACHMENT B
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