The URL can be used to link to this page

Home My WebLink AboutResolution 5045 Intent to Declare West Peach Condos an Urban Renewal Project DO RESOLUTION NO. 5045 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 WEST PEACH CONDOS 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 from 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 Page 1 of 7 Resolution 5045, Calling a Public Hearing or 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 financing 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. West Peach, LLC (the "Developer") proposes to undertake the construction of West Peach Condos (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. Page 2 of 7 Resolution 5045, Calling a Public Hearing on Approving a Project in the Bozeman Midtown Urban Renewal District 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 financing under the Act. The Board has recommended 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 fiom 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. Page 3 of 7 Resolution 5045, Calling a Public Hearing on Approving a Project in the Bozeman Midtown Urban Renewal District A public hearing is hereby called and shall be held on May 20 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. Section 5 Notice. Notice of the public hearing shall be published in the Bozeman Daily Chronicle on May 12, 2019 and May 19, 2019, in substantially the form attached as Exhibit A hereto (which is incorporated by reference and made a part hereof). Page 4 of 7 Resolution 5045, 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 6th day of May 2019. . AN RU Yo ATTEST: C�t.�t Wit•>e,. (lins, i r • •� ROBIN CROUGH City Clerk • +��9�'. 1883 .• •, APPR VED AS FORM: Lys•. . •�10,. rN CO• GRE LIVAN City Attorney Page 5 of 7 Resolution 5045, 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, KNOWN AS WEST PEACH CONDOS NOTICE IS HEREBY GIVEN that the City Commission (the "Commission") of the City of Bozeman, Montana (the "City") will hold a public hearing on May 20, 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: West Peach Condos (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 this 81h day of May, 2019 �lQaara�s,. n� 1 0 �r Robin Crough :U City Clerk tL9 SIN CO 510. Legal Ad Publication Dates: Sunday, May 12, 2019 Sunday, May 19, 2019 Page 6 of 7 Resolution 5045, 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. 5045, entitled: "A 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 WEST PEACH CONDOS" (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 May 6, 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: S�bvy,&u KA Qu6r IMp)A I� Gc iirvti �t�>y1o,S I�JCW sS . viy , �6(,1Y1VlWQ�A4 voted against the same: ; abstained from voting thereon: ; or were absent: WITNESS my hand officially this 7th day of May, 2019. �o� • r / • ROBI CROUGH L,7 U■ ,,� �= ; City Clerk * • =�' �" - - CO." Page 7 of 7