HomeMy WebLinkAboutOrdinance 06- 1684 Mandeville Farm TIFID Esta. and Creating, Determining Cost, Esta. Base Taxable Yr
,/ . City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
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Shelley Vance-Gallatin Co MT MISC 55.00
ORDINANCE NO. 1684
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA RELATING TO THE
MANDEVILLE FARM TAX INCREMENT FINANCING
INDUSTRIAL DISTRICT; ESTABLISHING AND
CREATING THE DISTRICT; DETERMINING TAX
INCREMENT COSTS TO BE PAID FROM THE DISTRICT;
AND ESTABLISHING A BASE TAXABLE YEAR
WHEREAS, the Commission (the "Commission") of the City of Bozeman, Montana (the
"City") is authorized to create tax increment financing industrial districts pursuant to Section 7,
Chapter 15, Part 42, M.C.A. (the "Act");
WHEREAS, the City wishes to encourage the attraction and retention of value-adding
industries; and
WHEREAS, value-adding industries are those industries that transform raw resources
into processed substances from which industrial or consumer products may be manufactured; and
WHEREAS, the Commission has determined that the area proposed for the tax
increment financing industrial district consists of a continuous area with an accurately described
boundary, is not contained within an existing urban renewal area district, is zoned for heavy
industrial use in accordance with Title 18, Unified Development Ordinance, Bozeman Municipal
Code and is determined to be deficient in infrastructure improvements for industrial
development; and
WHEREAS, the Commission has determined after a public hearing and public input that
there is a need to create a tax increment financing industrial district.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana:
Section 1. Creation of the Mandeville Farm Tax Increment Financing Industrial District.
The Commission, in accordance with public law on the creation of tax increment financing
industrial districts, and after having conducted a public hearing duly called and noticed in
accordance with the provisions of Section 7-15-4215, M.C.A., does hereby create the
"Mandeville Farm Tax Increment Financing Industrial District" (the "District") in the City of
Bozeman, Montana. The purpose of creating the District is to stimulate industrial growth and
encourage the growth and retention of value-adding industries.
Section 2. Boundaries. The boundaries of the District shall be defined as property
having the following legal description.
A tract of land being the SW 1,4 of Section 36, less the Lewis & Clark Commercial
Subdivision, Plat J-376, less Minor subdivision 320, Lot 1 and including Tract 2,
COS 1723 and the W1/2, SE1I4 of Section 36, less the Gordon Mandeville State
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School Section Subdivision, TIS, R5E, PMM, Gallatin County along with
adjacent public streets. And COS 2153.
Along with and subject to all easements of record or apparent on the ground
The boundaries are shown on a map attached hereto as Exhibit A (which is hereby
incorporated herein and made a part hereof).
Section 3. Base Year. For the purpose of calculating the incremental taxable value each
year for the life of the District, the base taxable value shall be calculated as the taxable value of
all property within the District as of January 1,2006.
Section 4. Term of Tax Increment Financing Industrial District. The tax increment
financing industrial district will terminate upon the later of:
(a) the fifteenth year following the creation of the industrial district; or
(b) the payment or provision for payment in full or discharge of all bonds for which the
tax increment has been pledged and the interest thereon.
Any amounts remaining in the special fund or any reserve fund after termination of the
tax increment provision must be distributed among the various taxing bodies in proportion to
their property tax revenue from the district.
After termination of the tax increment financing provision, all taxes must be levied upon
the actual taxable value of the taxable property in the industrial district and must be paid into the
funds of the respective taxing bodies.
Section 5. Costs Which May be Paid From Tax Increment. The tax increment received
from an industrial district may be used to pay any costs incurred for an industrial infrastructure
development project (in the District), including the following:
(a) land acquisition;
(b) demolition and removal of structures;
(c) relocation of occupants;
(d) acquisition, construction and improvement of infrastructure;
(e) costs incurred in connection with redevelopment activities;
(f) acquisition of infrastructure-deficient areas or portions of areas;
(g) administrative costs associated with the management of the industrial district;
(h) assemblage of land for development or redevelopment by private enterprise or public
agencies, including sale, initial leasing, or retention by the municipality itself at its fair value;
(i) compilation and analysis or pertinent information required to adequately determine
the infrastructure needs of secondary, value-adding industries in the industrial district;
(j) connection of the industrial district to existing infrastructure outside the industrial
district;
(k) provision of direct assistance, through industrial infrastructure development projects,
to secondary, value-adding industries to assist in meeting their infrastructure and land needs
within the industrial district; and
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(1) acquisition, construction or improvement of facilities or equipment for reducing,
preventing, abating or eliminating pollution.
Section 6. Conflict with Other Ordinances or Resolutions. All parts of ordinances and
resolutions in conflict herewith are hereby repealed.
Section 7. Effective Date. The effective date is thirty days after final adoption of this
ordinance on second reading.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman,
Montana, on the first reading at a regular session thereof held on the 13th day November, 2006.
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana, on second reading at a regular session thereof held on the 27th day of
November, 2006.
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CERTIFICATE AS TO ORDINANCE 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 ordinance is a true copy of
Ordinance No. 1684, entitled: "AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA RELATING TO THE MANDEVILLE FARM TAX
INCREMENT FINANCING INDUSTRIAL DISTRICT; ESTABLISHING AND CREATING
THE DISTRICT; DETERMINING TAX INCREMENT COSTS TO BE PAID FROM THE
DISTRICT; AND ESTABLISHING A BASE TAXABLE YEAR" (the "Ordinance"). The
Ordinance is on file in the original records of the City in my legal custody; that the Ordinance
was duly adopted on first reading by the City Commission of the City at a meeting on November
13th , 2006, 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 Ordinance has not as of the date hereof been amended or repealed.
I further certify that, upon vote being taken on the Ordinance at said meeting, the
following Commissioners voted in favor thereof: Kirchhoff, Jacobson, Becker, Rupp, Krauss;
voted against the same: none; abstained from voting thereon: none; or were absent: none.
WITNESS my hand officially this 14th day of November, 2006.
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Stuart John Bernard" .' .' ",
Deputy City Clerk - "~
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I further certify that the Ordinance was duly adopted on sec~,.readifig~9i the by the
City Commission of the City at a meeting on November 27th , 2006, aha ~Gt!1e- in~ting was
duly held by the City Commission and was attended throughout by a quorum:pu~ant to call
and notice of such meeting given as required by law; and that the Ordinance has not as of the
date hereof been amended or repealed.
I further certify that, upon vote being taken on the Ordinance at said meeting, the
following Commissioners voted in favor thereof: Commissioners Rul'P. Kirchhoff. Jacobson.
Becker and Mavor Krauss; voted against the same: none; abstained from voting thereon: none; or
were absent: none.
WITNESS my hand officially this ~th day of November, 2006.
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'Stuart John BernardsDeputy City Clerk
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Iandeville Fanus Tax Increment Financing Industrial District Map
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~ flAandeviHe F arlT6 Ta>< lnC'".fement financing IndusttiarDi:s:ricl:
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