Ivins City Council votes to dissolve agency abandoned for 15 years

IVINS — The Ivins City Council voted to approve an ordinance allowing for the dissolution of a city agency that has been abandoned for about 15 years.

The Ivins Redevelopment Agency was established Dec. 7, 2000, with the Ivins City Council acting as its governing body. On March 21, 2001, the agency approved the Snow Canyon Parkway Economic Development Plan. Following the adoption of the plan, both the agency and the project ceased operations and went unnoticed until recently.

Ivins City Attorney Dale Coulam said the city was contacted by the Utah Secretary of State’s Office to register all of its entities, which listed Ivins City, the Municipal Building Authority for Unity Park and the Ivins Redevelopment Agency.

“I’ve been here almost 15 years, and I never dealt with the Redevelopment Agency because I think it was already dormant and had been abandoned,” he said.

According to Coulam, the city contacted the secretary’s office to explain that the agency was no longer in use. In the entity’s 15 years of inactivity, Ivins had not formally dissolved it.

Ivins officials looked into how to formally dissolve the dormant agency and found the city would need to dissolve its boundaries. Coulam said staff had a difficult time finding any documentation describing the agency’s boundaries.

Residents gather in Ivins City Hall for a City Council meeting, Ivins, Utah, on Aug. 1, 2019 | Photo by Ryann Richardson, St. George News

“We were stuck, so we continued the search,” he said.

City staff eventually located a legal description and the agency’s project boundaries that included Red Mountain Drive connecting to Snow Canyon Parkway, which Coulam said – as far as he could tell – is no longer the case.

Coulam said he believes the project “went by the wayside” when the property was obtained by a new owner and a new project was proposed.

According to Coulam, the almost 20-year-old agency was also established under Utah Code that no longer exists. A similar and more recent code outlines a community reinvestment agency under a new chapter. The city is using the new code to complete the dissolution process.

“Rather than try and deal with any possible baggage of the laws changing and a 20-year-old RDA, it would be our recommendation that we go ahead and dissolve this RDA,” Coulam said.

Since the Snow Canyon Parkway Economic Development Plan in 2001, no other projects have been adopted or requested, and Coulam said it would be “a relatively easy process” to establish a community reinvestment agency under the new codes if the city desired it.

The City Council unanimously voted to adopt the dissolution ordinance, which will become effective immediately following publication.

Now, city staff will alert the Utah Secretary of State’s Office of the ordinance in order to obtain a certificate of dissolution before alerting the appropriate taxing entities.

The Ivins City Council is scheduled for its next meeting Aug. 22 at 5:30 p.m. The city of Ivins will also host a special council meeting Aug. 27 at 5:30 p.m. to canvas the primary elections, which will be held Aug. 13.

Copyright St. George News, SaintGeorgeUtah.com LLC, 2019, all rights reserved.

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