HomeMy WebLinkAboutResolution 4990 Intent to Approve the Ruh Building as an Urban Renewal Project in the Midtown Urban Renewal District �oF DO
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RESOLUTION NO. 4990
RESOLUTION CALLING A PUBLIC HEARING ON APPROVING A PROJECT IN
THE BOZEMAN MIDTOWN URBAN RENEWAL DISTRICT AS AN URBAN
RENEWAL PROJECT AND USING TAX INCREMENT REVENUES OR TAX
INCREMENT REVENUE BONDS TO PAY, REIMBURSE OR FINANCE ELIGIBLE
COSTS OF SUCH PROJECT, KNOWN AS THE RUH BUILDING
BE IT RESOLVED by the City Commission (the "Commission") of the City of
Bozeman(the "City"), Montana, as follows:
Section 1
Recitals.
1.01. Under the provisions of Montana Code Annotated, Title 7, Chapter 15, Parts 42 and
43 (the "Act"), the City is authorized to create an urban renewal area, prepare and adopt a
redevelopment plan therefor and amendments thereto, undertake urban renewal projects therein,
provide for the segregation and collection of tax increment with respect to taxes collected in such
area, issue its bonds to pay the costs of such projects and to refund bonds previously issued under
the Act and pledge to the repayment of the bonds the tax increment and other revenues derived
fiom projects undertaken within the urban renewal area.
1.02. Pursuant to the Act and Ordinance No. 1685, adopted on November 27, 2006, as
amended by Ordinance No. 1925, adopted by the Commission on December 16, 2015
(collectively, the "Ordinance"), the City created the Bozeman Midtown Urban Renewal District
(the "District") as an urban renewal district and approved the Bozeman Midtown Urban Renewal
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Resolution 4990, Calling a Public Hearing on Approving a Project in the Bozeman Midtown Urban Renewal District
District Plan (the "Plan") as an urban renewal plan, which Plan contains a tax increment
financing provision in accordance with the Act.
1.03. Pursuant to the Plan, tax increment fmancing is to be used to further the
implementation goals in the Plan, which include encouraging investment in development and
redevelopment of commercial and mixed use property within the District in accordance with the
provisions of the Act.
1.04. In addition, the Plan created the Midtown Urban Renewal Board (the "Board") to
exercise the powers of an urban renewal agency under the Act with respect to the District and to
implement the Plan. Among other things, the Board is required to prepare an annual work
program and budget for projects in the District, which program and budget are subject to review
and approval by the Commission.
1.05. Pursuant to Resolution No. 4770, adopted by the Commission on January 23, 2017,
the City approved a program to encourage investment the development and redevelopment of
commercial and mixed use property within the District (the "Midtown TIF Assistance
Program"), and delegated authority to the Board to administer the Midtown TIF Assistance
Program.
Section 2
The Project. Life Style Solutions Real Estate, LLC (the "Developer") proposes to
undertake the construction of The Ruh Building (the "Project") on land located in the District.
The Developer has submitted an application through the Midtown TIF Assistance Program,
requesting tax increment assistance with respect to certain eligible costs of the Project, including
public infrastructure, public infrastructure engineering, demolition of structures, public utility
service, impact fees, cash-in-lieu of park land, cash-in-lieu of water rights, and impact fees (the
"Eligible Costs"). On January 3, 2019, the Board adopted a resolution granting preliminary
approval to the use of tax increment assistance to pay Eligible Costs.
The Project, including the Eligible Costs, is contemplated by and within the scope of the
Plan, and the Eligible Costs are eligible for tax increment fmancing under the Act. The Board
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Resolution 4990, Calling a Public Hearing on Approving a Project in the Bozeman Midtown Urban Renewal District
has, by its Resolution No. 2019-01, requested that the Commission approve the Project as an
urban renewal project under the Act and approve using tax increment revenues or issuing tax
increment revenue bonds payable from tax increment revenues of the District, as the bonding
capacity of the District allows, to pay, reimburse or finance all or a portion of the Eligible Costs.
Section 3
Preliminary Findings. The Commission hereby finds, as a preliminary matter, with
respect to the Project, including the Eligible Costs, as follows:
a. no persons will be displaced from their housing by the Project;
b. the Plan and the Project conform to the comprehensive plan or parts
thereof for the City as a whole;
C. the Plan and the Project will afford maximum opportunity, consistent with
the needs of the City as a whole, for the rehabilitation or redevelopment of the
District by private enterprise;
d. taking into account the use of tax increment revenues or the proceeds of
tax increment revenue bonds to pay or reimburse the Developer for all or a
portion of the Eligible Costs, there is expected to be a sound and adequate
financial program for the financing of the Project; and
e. the Project constitutes an urban renewal project within the meaning of the
Act and the Plan.
Section 4
Public Hearing. A public hearing is hereby called and shall be held on February
2019 at 6:00 p.m. in the City Commission Room at City Hall, 121 N. Rouse Avenue, Bozeman,
Montana, on the approval of the Project as an urban renewal project under the Plan and the
proposed use of tax increment revenues or the proceeds of tax increment bonds to pay, reimburse
or finance all or a portion of the Eligible Costs.
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Resolution 4990, Calling a Public Hearing on Approving a Project in the Bozeman Midtown Urban Renewal District
Section 5
Notice. Notice of the public hearing shall be published in the Bozeman Daily Chronicle
on January 13, 2019 and January 20, 2019, in substantially the form attached as Exhibit A hereto
(which is incorporated by reference and made a part hereof).
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Resolution 4990, Calling a Public Hearing on Approving a Project in the Bozeman Midtown Urban Renewal District
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 7th day of January, 2019.
HI L. N US
ayor
ATTEST:
•`OF B 02 , 7,
ROBIN CROUGH * . -'"';_ ._ • * =
City Clerk
1883 .•��
�TIIV co �io%�, APP VED FORM:
qSVLLIVAN
City A rney
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Resolution 4990, Calling a Public Hearing on Approving a Project in the Bozeman Midtown Urban Renewal District
EXHIBIT A
NOTICE OF PUBLIC HEARING ON APPROVING A PROJECT IN THE BOZEMAN
MIDTOWN URBAN RENEWAL DISTRICT AS AN URBAN RENEWAL PROJECT
AND USING TAX INCREMENT REVENUES OR TAX INCREMENT REVENUE
BONDS TO PAY,REIMBURSE OR FINANCE ELIGIBLE COSTS OF SUCH PROJECT
NOTICE IS HEREBY GIVEN that the City Commission (the "Commission") of the City
of Bozeman, Montana (the "City") will hold a public hearing on February 11, 2019, at 6:00 p.m.
in the City Commission Room at City Hall, 121 N. Rouse Avenue, Bozeman, Montana on the
approval of the following project in the Bozeman Midtown Urban Renewal District as an urban
renewal project under state law and the Bozeman Midtown Urban Renewal District Plan: The
Ruh Building (collectively, the "Project"). It is proposed that the City pay or reimburse the
developer of the Project for certain eligible costs of the Project, either from tax increment
revenues or the proceeds of tax increment revenue bonds.
Any interested persons may appear and will be heard or may file written comments with
the City Clerk prior to such hearing.
Dated: January 9, 2019 `
< B 02'r
01
Robin Crough �••.� �83
City Clerk l ,
rIN co.�1
Legal Ad
Publication Dates:
Sunday, January 13, 2019
Sunday, January 20, 2019
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Resolution 4990, Calling a Public Hearing on Approving a Project in the Bozeman Midtown Urban Renewal District
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman,
Montana(the "City"), hereby certify that the attached resolution is a true copy of Resolution No.
4990, entitled: "RESOLUTION CALLING A PUBLIC HEARING ON APPROVING A
PROJECT IN THE BOZEMAN MIDTOWN URBAN RENEWAL DISTRICT AS AN
URBAN RENEWAL PROJECT AND USING TAX INCREMENT REVENUES OR TAX
INCREMENT REVENUE BONDS TO PAY, REIMBURSE OR FINANCE ELIGIBLE
COSTS OF SUCH PROJECT, KNOWN AS THE RUH BUILDING" (the "Resolution"), on
file in the original records of the City in my legal custody; that the Resolution was duly adopted
by the City Commission of the City at a meeting on January 7, 2019, and that the meeting was
duly held by the City Commission and was attended throughout by a quorum, pursuant to call
and notice of such meeting given as required by law; and that the Resolution has not as of the
date hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the
following Commissioners voted in favor thereof: YVvaach. 1%nd. 1AS- 0,epi a M_acY VVVA^
LLMNI`S51(SYL�Y S V Loris 0,M tUyw 1 n&gjn ; voted against the same: ;
abstained from voting thereon: ; or were absent:
WITNESS my hand officially this 8"' day of January, 2019.
'OF. Bp2 .
ROBIN CROUGH '• '� ,�`y' •• ^
City Clerk -
�� 1883 .'
Co. �1L0�
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