Loading...
HomeMy WebLinkAboutResolutions 2025-53 - CREATING THE BOZEMAN TAX INCREMENT FINANCE ADVISORY BOARDVersion February 2023 RESOLUTION 2025-53 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING THE BOZEMAN TAX INCREMENT FINANCE ADVISORY BOARD WHEREAS, on November 28, 2005 the City Commission passed, adopted, and finally approved Ordinance 1655, which adopted an urban renewal plan for portions of Northeast Bozeman, including the historic mixed use district; and WHEREAS, on November 27, 2006 the City Commission passed, adopted, and finally approved Ordinance 1685, which adopted an urban renewal plan for the North Seventh Avenue corridor and adjacent properties; and WHEREAS, on November 19, 2012 the City Commission passed, adopted, and finally approved Ordinance 1844 (effective December 19, 2012) which created the South Bozeman Technology District; and WHEREAS, on November 16, 2015, the City Commission passed, adopted, and finally approved Ordinance 1925, which amended and re-named the "North Seventh Avenue Urban renewal district board" as the "Bozeman Midtown urban renewal board"; and WHEREAS, on October 9, 2017 the City Commission passed, adopted, and finally approved Ordinance 1979 Terminating the Mandeville Farms TIF District and Creating the North Park Uran Renewal District and Adopting the NPURD Plan; and WHEREAS, on November 24, 2020, The City Commission passed, adopted, and finally approved Ordinance 2055 , creating the Pole Yard Urban Renewal District; and WHEREAS, as set forth in SB 3, 69th Leg. (2025), codified in 7-15-4279, MCA, permits a local government to use tax increment financing pursuant to 7-15-4282, MCA through 7-15- 4294, MCA for the targeted development district; Docusign Envelope ID: 0E664B96-0950-4C14-8974-4AF43E32A914 Version February 2023 WHEREAS, 7-15-4282, MCA permits a local governing body to approve the adoption of a tax increment financing provision, which must be included in an urban renewal plan; and WHEREAS, Title 7, Chapter 15, Part 42, of the Montana Code Annotated states the legislative body of a local government that adopts a tax increment financing provision shall appoint an advisory committee to advise the local government about the administration of the urban renewal area; and WHEREAS, Article IV, Section 4.07 of the Bozeman Charter permits the City Commission to create boards, commissions, or committees as determined necessary; and WHEREAS, the City of Bozeman manages five urban renewal districts with a tax increment financing program pursuant to Title 7, Chapter 15, Part 42 and 43 of the Montana Code Annotated; and WHEREAS, to execute the duties and obligations established in each urban renewal plan, the City must create a Tax Increment Financing Advisory Board. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: SECTION 1: CREATION AND PURPOSE OF THE TAX INCREMENT FINANCING ADVISORY BOARD The Bozeman City Commission hereby creates and establishes the City of Bozeman’s Tax Increment Financing (“TIF”) Advisory Board effective beginning [DATE] for the North 7th Urban Renewal District, the Northeast Urban Renewal District, the South Bozeman Technology District, the North Park Urban Renewal District, and the Pole Yard Urban Renewal District (“City of Bozeman’s Urban Renewal Districts”). The purpose of the TIF Advisory Board is to cultivate policies that enhance the effectiveness of tax increment financing in remediating statutory conditions of blight and in creating new tax revenue. The TIF Advisory Board will make advisory recommendations to the City Commission and, if requested by the City Manager to the City Manager. The Board shall advise on policies or projects in each district for the benefit of the community as a whole, while considering each unique urban renewal district as outlined in the districts’ adopted plans. If the City Commission creates any additional urban renewal districts in the future, such districts will also be included in the City of Bozeman’s TIF Board. Docusign Envelope ID: 0E664B96-0950-4C14-8974-4AF43E32A914 Version February 2023 SECTION 2: POWERS/DUTIES, MEMBERS/COMPOSITION, AND ORGANIZATION OF THE TAX INCREMENT FINANCING ADVISORY BOARD 1. Powers and Duties. The Tax Increment Financing Advisory Board is hereby authorized to exercise the following powers and duties: A. Advise the City Commission and City Manager, when requested, as provided in Section 1 of this Resolution. B. Abide by the Rules of Procedure, as set forth in Resolution 5323. C. The Board may have such other duties and responsibilities as the City Commission or City Manager, from time to time, may direct. D. The actions of the Board are advisory only, do not constitute policy of the City, and are not binding upon the City Commission or the City Manager. The City Commission or City Manager may adopt all or any part of any recommendation of the Board. 2. Members: Appointments and Terms. A. The Board will consist of seven voting members. Membership must be as follows: 1. One member to be appointed by the Mayor, who may be an employee or hold public office for Gallatin County; 2. One member to be appointed by the Mayor, who may be an employee or hold public office for Bozeman School District 7; 3. One member to be appointed by the Mayor, who currently resides in, owns a business, or owns property in the Midtown Urban Renewal District; 4. One member to be appointed by the Mayor, who currently resides in, owns a business, or owns property in the Northeast Urban Renewal District; and 5. Three citizen members, to be appointed by the Mayor, who possess qualifications in real estate, finance, engineering, architecture, or professional planning. B. The Mayor, with the approval of the City Commission, will make appointments to the TIF Advisory Board. In doing so, the City Commission or the Mayor will appoint individuals to the TIF Board, and must also indicate in such appointment when the appointees will serve. C. The initial membership must consist, at a minimum, of one member appointed for 1 year, two for 2 years, two for 3 years, and two for 4 years. Each subsequent appointment must be for 4 years. A certificate of the appointment or reappointment of a member must be filed with the clerk of the municipality, and the certificate is conclusive evidence of the proper appointment of the member. Docusign Envelope ID: 0E664B96-0950-4C14-8974-4AF43E32A914 Version February 2023 D. Each member shall hold office until a successor has been appointed and has qualified. E. A member may not receive compensation for services but is entitled to the necessary expenses, including traveling expenses, incurred in the discharge of duties. F. Any persons may be appointed as members if they reside within the municipality. G. A member may be removed for inefficiency, neglect of duty, or misconduct in office. 3. Staff Support. The TIF Advisory Board will maintain its records in the office of the City department designated by the City Manager to maintain the records of the Board. The City Manager may assign one or more City staff to assist the Board in its duties and functions. The City Manager may authorize the assigned City Staff Liaison, in consultation with the Board Chair, to develop and approve agenda items for the Board’s consideration and assist the Board in all of its functions. 4. Meetings. The TIF Advisory Board meetings must be open to the public as provided for in Montana law. Meetings must be held on a regular basis in a location and at a time deemed appropriate by the City Manager and must be in the Bozeman City Commission room unless such room is unavailable or not sufficient for the nature of the meeting. The Board must comply with and is subject to all requirements and City policies related to open meetings and public participation and engagement. 5. Ethics and High Performing Boards. All TIF Advisory Board activities and its appointed members must comply with, and are subject to the State of Montana and the City Code of Ethics. In addition, the Board and its members must comply with and are subject to City polices related to performance, behavior, and procedures of City boards, as established by the City Commission or City Manager. 6. Public Information. All written and electronic information created by the TIF Advisory Board or its members in conduction duties constitutes public information and is subject to disclosure and the records retention requirements pursuant to Montana law. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 9th day of September, 2025. ___________________________________ TERRY CUNNINGHAM Mayor Docusign Envelope ID: 0E664B96-0950-4C14-8974-4AF43E32A914 Version February 2023 ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney Docusign Envelope ID: 0E664B96-0950-4C14-8974-4AF43E32A914 Certificate Of Completion Envelope Id: 0E664B96-0950-4C14-8974-4AF43E32A914 Status: Completed Subject: Complete with Docusign: F.12 Res 2025-53 Creating TIF Board.pdf Source Envelope: Document Pages: 5 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Mike Maas AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) Stamps: 1 PO Box 1230 Bozeman, MT 59771 Mmaas@bozeman.net IP Address: 155.190.3.5 Record Tracking Status: Original 9/11/2025 9:58:30 AM Holder: Mike Maas Mmaas@bozeman.net Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Bozeman Location: Docusign Signer Events Signature Timestamp Terry Cunningham tcunningham@bozeman.net Mayor City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 2600:100e:b060:4fa4:b4d4:66f2:c957:ef15 Signed using mobile Sent: 9/11/2025 10:27:18 AM Viewed: 9/11/2025 10:34:01 AM Signed: 9/11/2025 10:34:06 AM Electronic Record and Signature Disclosure: Accepted: 6/29/2021 4:59:06 PM ID: 47eea7cb-ba9e-4f63-bb08-c11196c7c534 Greg Sullivan gsullivan@bozeman.net Bozeman City Attorney City of Bozeman, Montana Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 155.190.3.6 Sent: 9/11/2025 10:34:07 AM Viewed: 9/15/2025 9:02:54 AM Signed: 9/15/2025 9:03:02 AM Electronic Record and Signature Disclosure: Accepted: 9/15/2025 9:02:54 AM ID: 12c92e53-1eef-4fa6-b920-ba7664dc8c3c Mike Maas Mmaas@bozeman.net City Clerk City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 208.94.236.115 Sent: 9/15/2025 9:03:04 AM Viewed: 9/15/2025 2:38:53 PM Signed: 9/15/2025 2:40:11 PM Electronic Record and Signature Disclosure: Accepted: 1/6/2020 4:08:14 PM ID: 79370d6f-72a4-4837-866f-9ec31f00062f In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Jesse DiTommaso jditommaso@bozeman.net Economic Development Specialist City of Bozeman Security Level: Email, Account Authentication (None) Sent: 9/15/2025 2:40:12 PM Electronic Record and Signature Disclosure: Accepted: 3/25/2022 2:34:30 PM ID: 46577c8a-5eb2-4ca4-bc57-d65950eb4b8f David Fine dfine@bozeman.net Urban Renewal Program Manager Security Level: Email, Account Authentication (None) Sent: 9/15/2025 2:40:13 PM Electronic Record and Signature Disclosure: Accepted: 8/21/2018 6:01:11 PM ID: 62dd404e-fe1b-420e-a30a-e5423a6b956d Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/11/2025 10:27:18 AM Certified Delivered Security Checked 9/15/2025 2:38:53 PM Signing Complete Security Checked 9/15/2025 2:40:11 PM Completed Security Checked 9/15/2025 2:40:13 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure CONSUMER DISCLOSURE From time to time, City of Bozeman (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign, Inc. (DocuSign) electronic signing system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the ‘I agree’ button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after signing session and, if you elect to create a DocuSign signer account, you may access them for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign ‘Withdraw Consent’ form on the signing page of a DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. Electronic Record and Signature Disclosure created on: 7/9/2018 4:06:02 PM Parties agreed to: Terry Cunningham, Greg Sullivan, Mike Maas, Jesse DiTommaso, David Fine How to contact City of Bozeman: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: jolson@bozeman.net To advise City of Bozeman of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at jolson@bozeman.net and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in the DocuSign system. To request paper copies from City of Bozeman To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to jolson@bozeman.net and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Bozeman To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to jolson@bozeman.net and in the body of such request you must state your e-mail, full name, US Postal Address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows® 2000, Windows® XP, Windows Vista®; Mac OS® X Browsers: Final release versions of Internet Explorer® 6.0 or above (Windows only); Mozilla Firefox 2.0 or above (Windows and Mac); Safari™ 3.0 or above (Mac only) PDF Reader: Acrobat® or similar software may be required to view and print PDF files Screen Resolution: 800 x 600 minimum Enabled Security Settings: Allow per session cookies ** These minimum requirements are subject to change. If these requirements change, you will be asked to re-accept the disclosure. Pre-release (e.g. beta) versions of operating systems and browsers are not supported. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the ‘I agree’ button below. By checking the ‘I agree’ box, I confirm that:  I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and  I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and  Until or unless I notify City of Bozeman as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Bozeman during the course of my relationship with you.