HomeMy WebLinkAboutResolution 2766 Implementing tax abatement for historic preservation: 12-04-89
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COMMISSION RESOLUTION NO. 2766
A RESOLUTION OF THE CITY COMMISSION OF BOZEMAN,
MONTANA, IMPLEMENTING THE TAX ABATEMENT AUTHORIZED BY
g15-24-1601 MONTANA CODE ANNOTATED ET SEQ. FOR HISTORIC
RESIDENTIAL AND COMMERCIAL PROPERTIES UNDERGOING
REHABILITATION, RESTORATION, EXPANSION OR NEW
CONSTRUCTION MEETING THE CRITERIA ESTABLISHED BY
g15-24-160S AND/OR glS-24-1606.
WHEREAS, Chapter 424 of the laws of 1989 of the State of
Montana, as codified by g15-24-1601 et seq. Montana Code
Annotated (MCA) , authorized the governing body of each city or
county to confer the tax benefits described by glS-24-1603 MCA to
qualify as an historic or commercial or residential properties by
resolution establishing the process for the use of the tax
abatement provisions described therein; and
WHEREAS, the City Commission determines that it is in the
public's interest to encourage the rehabilitation, restoration or
expansion of certified historic, commercial and residential
properties or new construction that meets design review criteria
compatible with an historic district by conferring said tax
benefits on improvements from those restorations,
rehabilitations, expansions or new constructions involving
certified historic properties and districts.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of
Bozeman, Montana, as follows:
Section 1.
That pursuant to g15-24-1601 through g15-24-1608 MCA, the
City Commission does hereby approve the tax benefits as set forth
in said statutes for those improvements made by restoration,
rehabilitation, expansion or expansion of certified historic
commercial or residential properties or qualifing new
construction within an historic district which meets the design
criteria during the construction period, which is not to exceed
twelve (12 ) months and five (5) years following
completion of
said construction, in those situations where such improvements
preserve certified historic commercial or residential properties,
or encourage appropriate new construction meeting the design
criteria to be architecturally compatible within the historic
districts. The tax abatement is limited to One Hundred percent
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(100%) of the increase in taxable value caused by the
rehabilitation, restoration, expansion or new construction and
applies to only those properties which do not receive any other
exemption or special evaluation provided by Montana Law during
the period of abatement.
Section 2. Definitions
"Construction period" as used herein shall mean a period of
time from the date of issuance of the required building permit
until the project is substantially completed or a period of
twelve (12) months from the date of issuance of said building
permit whichever period is shorter.
Section 3.
The owner of the property must comply with the following
provisions in order to be considered for those tax benefits
described herein:
1. The owner of the property is solely responsible
for
supplying to the Bozeman Historic Preservation Advisory
Commission and the City Commission all information and documents
necessary to evaluate the project. If sufficient information and
documentation is not supplied by the owner for consideration to
make an informed decision, the application will be denied.
2. The Bozeman City Commission hereby designates the
Bozeman Historic Preservation Advisory Council as its local
review board and hereby directs said board to establish an
application and review process to certify eligible properties as
specified in ~15-24-1604 Montana Code Annotated and which must
include, but is not limited to, the design review criteria based
on the Secretary of Interior's Standards for Preservation
Projects or other standards approved by the State Historic
Preservation Office.
3. The local review board shall approve or deny any
application for the tax abatement and report its recommendation
to the local governing body which shall then either approve or
deny said recommendation.
4 . All taxes, assessments and SID obligations on any
property proposed for tax abatement must be current before any
tax abatement will be considered.
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5. Following certification, and during the creative tax
abatement of property which is altered in any way that adversely
affects those elements that qualify it as historically
contributing, must be disqualified from receiving the tax
abatement. If the historic property has received a tax abatement
under this part is disqualified, the owner is liable
for back
taxes, interest and a penalty. These investments must be
extended against the property in the next general real property
tax roll, to be collected and distributed in the same manner as
the currently assessed real property tax. The back taxes,
interest and penalty must equal the sum of the following:
a. The difference in the total real property taxes due
during the years the tax abatement was in effect and the total of
real property taxes which would have been due had the special
assessments not been in effect for those years;
b. Interest on the amount calculated in subsection 2a.
at the rate for delinquent property taxes provided for in
~15-16-102 MCA; plus
c. a penalty of 15% on the sum of subsections 2a.
and
2b.
Back taxes, interest or penalty may not be imposed on a ,
property transferred to an ownership that makes the property
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exempt from property taxation or if the property is destroyed by
fire or an act of God.
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Section 4.
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This resolution shall be effective upon approval.
Dated this 4th day of December ,
1989.
ATTEST:
G!~ ex! d~
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Clerk of the City Commission
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APPROVED AS T~:
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