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1. Rules of Redevelopment Agency
2. Plan for Weber Industrial Park

The rules governing participation and preferences by the owners and tenants, which rules are attached hereto, be adopted by the County Commission and be approved as the official rules governing owner participation within Weber County Industrial Park Redevelopment Project Area No.3.


1. The Redevelopment Agency in consultation with the Planning Commission of Weber County has prepared a redevelopment plan for the Weber County Industrial Park Project Area No. 3 and;
   
   
2. Section 17A-2-1214 of the Utah Neighborhood Development Act requires that prior to the adoption of a final redevelopment plan for a project area, the legislative body of the community shall approve the owner participation rules; and
   
   
3. The Weber County Redevelopment Agency has prepared and adopted said rules, and has submitted these rules for adoption by the Weber County Commission.

This Ordinance shall become effective on the 23rd day of June, 1994.

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The County Commission hereby approves and adopts the Official Redevelopment Plan for the Redevelopment Project Area No. 3, which is the Proposed Redevelopment Plan as modified by the County Commission to incorporate changes recommended by the Agency, if any.

The legal description of the boundaries of the Central Business Redevelopment Project Area No. 3 ("Project Area") are as provided in Exhibit A to this ordinance, which Exhibit A is attached hereto and incorporated herein by this reference.

The purpose and intent of the County Commission with respect to the Project Area are as follows:


1. To provide for the economic development of a specific area by encouraging the creation of new jobs for Weber County and the State of Utah;
   
   
2. To facilitate new development of types and quality desired by the community;
   
   
3. To encourage the businesses already located in the Weber County Park Project Area No. 3 to renovate and beautify;
   
   
4. To take any or all additional steps which may be appropriate or necessary to promote or further the aim of improving the Project Area (and, indirectly, surrounding areas) and to prevent further deterioration within the Project Area.

The Official Redevelopment Plan, which incorporates modifications to the Proposed Redevelopment Plan recommended by the Agency made by the County Commission, and the final Report to Accompany the Redevelopment Plan for the Weber County Industrial Park Redevelopment Project Area No.3, including the Report and Recommendations of the Planning Commission on the proposed Redevelopment Plan for the Redevelopment Project Area No. 3, are incorporated herein by this reference.

The proposed Redevelopment Plan as modified and approved by the Weber County Commissioner hereby adopted, approved and is designated as the Official Redevelopment Plan for the Weber County Industrial Park Redevelopment Project Area No. 3 (the "Official Redevelopment Plan").

The Weber County Commission hereby makes the following findings and determinations:


1. Conformity with Utah Neighborhood Development Acta and Other Public Purposes. The Official Redevelopment Plan will redevelop the Project Area in conformity with the Act, and in the interests of the public peace, health, safety and welfare in that:
   
   
   1. It will enable the Agency to make financing alternatives available to parties electing to become participants in the Redevelopment Project and to developers, thereby providing necessary assistance for investment, redevelopment, rehabilitation, and the elimination of blight within the Project Area;
      
      
   2. It will help to prevent erosion of the County's economic base;
      
      
   3. It will help attract desirable businesses to locate and expand within the Project Area;
      
      
   4. It will facilitate revitalization and beautification of the Project Area;
      
      
   5. It will enable the Agency to help meet some of the infrastructure needs of the Industrial Park which are important for revitalization of the Project Area; and
      
      
   6. It will contribute in a variety of other ways to the redevelopment of the Project Area in conformity with the Act, and to the furthering of the interests of public peace, health, safety and welfare.
   
   
2. Feasibility. The adoption and carrying out of the Official Redevelopment Plan is economically sound and feasible in that the Official Redevelopment Plan states that proposed pursuant to and in furtherance of the Official Redevelopment Plan will proceed and be carried out only if and when financing becomes available, and the financing of projects is primarily based upon the willingness of public and private entities to invest and develop in the Project Area.
   
   
3. Conformity to Comprehensive Plan. The Official Redevelopment Plan conforms to the Weber County Master Plan, as amended, as more particularly shown in the Agency and Planning Commission Reports.
   
   
4. Effects of Carrying Out the Redevelopment Plan. The carrying out of the Official Redevelopment Plan will promote the public peace, health, safety and welfare of the community, and will effectuate the purpose and policy of the Act in that it will promote and facilitate:
   1. The economic development of the project area:
      
      
   2. Measures which will prevent further stagnation, deterioration, and/or fragmentation within the Project Area;
      
      
   3. The attraction of desirable businesses into the Project Area;
      
      
   4. The revitalization and beautification of the Project Area;
      
      
   5. Other measures which will promote the public peace, health, safety and welfare and which would be consistent with the purposes of the Act.
   
   
5. Eminent Domain. The Project Area is an economic development Project Area, and in accordance with the Utah Neighborhood Development Act, the Project Area and Redevelopment Plan will not have the power of eminent domain.
   
   
6. Relocation. The Agency has a feasible method or plan for the relocation of families and persons displaced from the Project Area in the event that the Redevelopment Plan may result in the temporary or permanent displacement of any occupants of housing facilities in the Project Area, in that the Redevelopment Plan specifies that the Relocation Rules and Regulations for Implementation of the Utah Relocation Assistance Act for the Redevelopment Project Area ("Relocation Rules") shall govern relocation of persons, businesses, and other entities displaced by Agency action. The Relocation Rules specify that "no person shall be required to move from his dwelling on account of any project of the Agency unless the Agency Governing Board is satisfied that replacement housing is available to this person."
   
   
7. Relocation Dwellings. The Relocation Rules which govern relocation of persons displaced from the Project Area under the Redevelopment Plan as indicated in Section G hereof, also provide that "no person shall be required to move or to be relocated from land used as his residence and acquired under any of the condemnation or eminent domain laws of this state until he has been offered a comparable replacement dwelling which is a safe, clean and sanitary dwelling adequate to accommodate this person, reasonably accessible to public services and places of employment, and available on the private market." Thus, there are or will be provided in the Project Area or in other areas not generally less desirable in regard to public utilities and public and financial means of the families and persons displaced from the Project Area, decent, safe, and sanitary dwellings equal in number to the number of and available to such families and persons as may be displaced by the Official Redevelopment Plan and reasonably accessible to their places of employment.

The Weber County Commission is satisfied permanent housing facilities will be available within three years from the time occupants of the Project Area may be or are displaced and that pending the development of such facilities there will be available to such displaced occupants adequate temporary housing facilities at rents comparable to those in the community at the time of their displacement. Moreover, the Relocation Rules, which govern relocation and persons displaced from the Project Area under the Official Redevelopment Plan as indicated in Section G hereof, impose a more stringent requirement. They provide that "no person shall be required to move from his dwelling on account of any project until the Agency and if the Agency Governing Board is satisfied that replacement housing is available to this person." Persons may not be displaced from property pursuant to the Official Redevelopment Plan unless or until this condition is met, and meeting this requirement assures (and shall be construed to require) that replacement housing be available in substantially less than three years.

This Official Redevelopment Plan shall operate subject to the Rules Governing Participation and Preferences by Owners, Operators of Businesses, and Tenants in the Redevelopment Project Area No. 3.

As required by the Utah Neighborhood Development Act, as amended, and as specifically provided for in the Agency's bylaws, the governing body of the Weber County Redevelopment Agency shall be of the same individuals who constitute the legislative body of the Weber County Commission.

The Agency may hold a public hearing on any proposed development within the Project Area with respect to which the Agency proposes to enter into a legally binding agreement (e.g., a participation agreement or a development agreement) that will obligate the financial resources of the Agency, including but not limited to tax increment financing.

Prior to such public hearing, the Agency may give such general public notice as the County would normally provided in connection with a hearing on the adoption of its budget. In addition, the Agency may give notice to landowners whose property is located within 300 feet of proposed development in the Project Area covered by this section 10. This notice shall be provided in the same manner that individualized notice is given prior to making any zoning changes in the County.

If any one or more provision, section, subsection, sentence, clause, phrase or word of this Ordinance or the application thereof to any person, property or circumstance is found to be unconstitutional or otherwise contrary to law, the same is declared to be severable and the balance of this Ordinance shall remain effective. The County Commission hereby declares that it would have passed this Ordinance, and each provision, section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase or word be declared unconstitutional or otherwise contrary to law.

This Ordinance shall become effective on the 24th day of June, 1994.

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