HomeMy WebLinkAboutInterlocal Agreement for the Bozeman Downtown Tax Increment Finance District.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Anna Rosenberry, Finance Director
Chris Kukulski, City Manager
SUBJECT: Interlocal Agreement between Gallatin County, Bozeman School District
#7, and the City of Bozeman for the Bozeman Downtown Tax Increment
Finance District.
MEETING DATE: May 2, 2011
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize Mayor to Sign Interlocal Agreement between
Gallatin County, Bozeman School District #7, and the City of Bozeman for the Bozeman
Downtown Tax Increment Finance District.
BACKGROUND: In 1995, the City’s Downtown Tax Increment Finance (TIF) District was
created with a revenue-sharing cap and bond provision that was more strict than what was
required by state law. In 2005, the District life was extended from 11 to 15 years, and excess
TIF amounts above the cap, and after the 15th year, were to be shared between the
City/County/School Districts. Specifically, Resolution No. 1628 states:
As we neared the inflation-adjusted cap, in September 2009 we presented to the Commission a
draft interlocal agreement and a discussion of how the cap would affect the annual distribution of
TIF dollars and taxes accruing to the City, County, and School District. In November 2009, the
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Commission approved a Letter of Understanding with Gallatin County and Bozeman School
District #7 for the Downtown Tax Increment District Funding for Fiscal Years 2010, and 2011.
This letter of understanding allowed us time to develop an agreement to govern distribution of
TIF dollars after the 15th year, with a goal of adopting an interlocal agreement prior to December
2011.
The necessary interlocal agreement for Fiscal Years 2012 (FY12) and beyond is attached. The
Downtown TIF Board recommends its approval, and it has been approved by both Gallatin
County and School District #7. It retains the character of all the original elements of Resolution
1628 and our previous Commission discussions, with all the necessary legal requirements of an
interlocal agreement.
UNRESOLVED ISSUES: None. Both Gallatin County and Bozeman School District have
approved the Agreement, and the Downtown TIF Board recommends approval.
ALTERNATIVES: There are a number of ways to consider distributing the TIF dollars.
This is the alternative that has been agreed to by all three parties. Changing this agreement will
require additional approvals by Gallatin County and Bozeman School District.
FISCAL EFFECTS: The TIF District will be in force until 2032, due to our issuance of bonds
for the Parking Garage. Under the Letter of Understanding, the TIF received approximately
$634,000 in FY11. This inter-local agreement will continue to provide money to the Bozeman
Downtown TIF, estimated at approximately $275,000 per year. Gallatin County and Bozeman
School District will also receive funding, based on their proportional share of tax levies each
year.
Based on our most recently adopted levies and TIF District Value, the Interlocal Agreement
would make the following distributions in FY12:
DOWNTOWN TIF
ESTIMATED For FY12
TIF Amount Above Debt Payment is Divided to City/County/School
FY11 Levies $ 735,038.50
Bozeman Downtown TIF 170.19 $ 274,985.06
Gallatin County 85.19 $ 137,646.03
School District #7 Building Fund 199.54 $ 322,407.42
454.92 $ 735,038.50
Attachments: Interlocal Agreement
Report compiled on: April 21, 2011
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INTERLOCAL AGREEMENT
GALLATIN COUNTY – BOZEMAN SCHOOL DISTRICT #7 - CITY OF BOZEMAN
BOZEMAN DOWNTOWN TAX INCREMENT FINANCE DISTRICT
Interlocal Agreement for the Disbursement of Downtown Tax
Increment Funds Pursuant to City of Bozeman Ordinances 1409 and 1628 and
Commission Resolution No. 3718
THIS AGREEMENT is made and entered into this ___ day of __________, 2011, between Gallatin
County, Bozeman School District #7, and the City of Bozeman, all being political subdivisions of the state of
Montana, with principal offices at 311 West Main Street, Bozeman, Montana, 59715 (hereinafter referred to as
the “County”), and 404 W. Main Street, Bozeman Montana, 59715 (hereinafter referred to as the “School
District”), and 121 N. Rouse Ave, Bozeman, Montana, 59715 (hereinafter referred to as the “City.”)
WHEREAS, between 1996 and 2008, $3,382,219 of tax increment funding has been invested in urban
renewal projects located in the Downtown Tax Increment Finance District valued in excess of $32 Million. Tax
increment funds committed to urban renewal projects significantly raise the tax base of the Downtown Tax
Increment Finance District and in turn increase tax revenues for the County, School District and City.
WHEREAS, § 7-15-4201, MCA, et seq., tax increment funds are one of the primary tools by which
Bozeman’s historic and urban core is maintained and improved. Recognizing the urban renewal, property
value, and tax base benefits of tax increment districts, the County, School District, and City seek to retain the
option to pledge their portion of their tax increment funds to remain with the Downtown Tax Increment Finance
District to be used for continued urban renewal, and
WHEREAS, City of Bozeman Commission Ordinance No. 1628 provides for the Downtown Tax
Increment Finance District, after the 15th year of payments or after the annual tax increment reaches an inflation
adjusted $750,000, whichever occurs first, shall return to the taxing bodies payments that would normally
accrue to those bodies with the exception of tax increment dollars pledged to the payment of principal and
interest on outstanding tax increment bonds, and
WHEREAS, in the 14th year of payments, the inflation adjusted cap was reached. The inflation adjusted
cap was equal to $1,059,103, and the increment value was $1,158,917.
WHEREAS, § 7-15-4292, MCA, allows tax increment financing to continue until payment in full or
discharge of all bonds for which the tax increment has been pledged and the interest on the bonds, and
WHEREAS, the tax increment funds will always, first and foremost, be committed to make scheduled
payments on the outstanding City of Bozeman Downtown Tax Increment Urban Renewal Revenue Bonds,
Series 2007, and
WHEREAS, said Ordinance requires the return of payments to be accomplished through an interlocal
agreement between the City, County and School District, and
WHEREAS, the County, School District, and City have the authority to enter into this agreement
pursuant to §§ 7-11-101 through 7-11-108, MCA.
NOW, THEREFORE, the County, School District, and City agree as follows:
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1. PURPOSE OF INTERLOCAL AGREEMENT. The purpose of this Interlocal Agreement is
to establish the terms under which annual Downtown Tax Increment Finance District monies in
excess of those needed to pay principal and interest payments on outstanding bonds (hereinafter
referred to as the “Remaining Funds”) will be disbursed pursuant to City of Bozeman
Commission Ordinance No. 1628. Remaining Funds will be returned to the County, School
District, and City on an annual basis as set forth here within, unless otherwise pledged to remain
as tax increment funds to be used for urban renewal purposes within the Downtown Tax
Increment Finance District pursuant to Title 7, Chpt. 15, Parts 42 and 43, MCA.
This agreement shall be based upon the annual Certified Taxable Value of the Downtown Tax
Increment Finance District, as made by the Montana Department of Revenue. The County,
School District, and City shall each be responsible for annually budgeting to receive and spend
monies, as required by law.
2. PLEDGE OF REMAINING FUNDS/FUTURE AGREEMENTS FOR USE. The County,
School District, and City may pledge any of their share of the Remaining Funds back to the
Downtown Tax Increment Finance District and if so, the pledging party’s Remaining Funds may
be used by the Downtown Tax Increment Finance District for any of purpose authorized pursuant
to Title 7, Chpt. 15, Parts 42 and 43, MCA. Notwithstanding the above, the County, School
District, and City may pledge to the Downtown Tax Increment Finance District any portion of
their Remaining Funds for any specific purpose such as, but not limited to, a specific
infrastructure improvement or development proposal.
Regardless of the County or School District actions, the City of Bozeman hereby pledges its
remaining funds to the City of Bozeman – Downtown Tax Increment Finance District.
3. DISBURSEMENT OF FUNDS. Beginning with the Fiscal Year 2012 Increment Payment, the
City of Bozeman will disburse Downtown Tax Increment Finance District Remaining Funds
according to the following formula by June 15th each year, unless pledged to remain with the
Downtown Tax Increment Finance District or pledged pursuant to a signed agreement for a
specific infrastructure improvement or development proposal (under section2, above):
a. To the City of Bozeman Downtown TIF – Debt Service, amounts:
To the City of Bozeman
Date Tax Year For Debt Service Payment
November 2011 2010 $ 423,087.50
November 2012 2011 $ 421,687.50
November 2013 2012 $ 425,087.50
November 2014 2013 $ 423,087.50
November 2015 2014 $ 425,887.50
November 2016 2015 $ 423,287.50
November 2017 2016 $ 425,487.50
November 2018 2017 $ 422,287.50
November 2019 2018 $ 423,572.50
November 2020 2019 $ 424,222.50
November 2021 2020 $ 424,102.50
November 2022 2021 $ 423,302.50
November 2023 2022 $ 421,802.50
November 2024 2023 $ 424,582.50
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b. Remaining Funds are allocated based on pro-rated mill levy shares, where:
County Mill Levy
+ City Mill Levy
+ School District Mill Levy
Total Mills for Distribution
1. To School District #7 Building Fund:
Remaining Dollars * (School District Mill Levy/Total Mills)
2. To Gallatin County:
Remaining Dollars * (County Mill Levy/Total Mills)
3. To City of Bozeman - Downtown Tax Increment Finance District:
Remaining Dollars * (City Mill Levy/Total Mills)
4. DURATION & TERMINATION. This Agreement shall terminate upon the payment or
provision for payment in full or discharge of all bonds for which the tax increment has been
pledged and the interest on the bonds, anticipated no later than December 2032 per the schedule
in Section 3, above.
5. SEPARATE LEGAL ENTITY/ADMINISTRATION. There shall be no separate legal entity
created as a consequence of this Agreement. Administration of this Agreement shall be the
responsibility of the City of Bozeman.
6. PROPERTY. There shall be no sharing of property or equipment between the parties in the
execution of this Agreement.
7. LIAISON. The County designates the Finance Officer (phone no. 582-3002) as liaison, or any
other person the liaison appoints. The City designates the City Manager (phone no. 582-2306) as
liaison under this Agreement. The School District designates District Superintendent (phone no.
522-6001) as liaison under this Agreement.
8. HOLD HARMESS AND INDEMNIFICATION. The Parties shall indemnify and hold
harmless each other party from and against any and all claims, demands, or actions for damages
to property or injury or death to persons or other damage to persons or entities arising out of or
resulting from the performance of this Agreement or the results of this Agreement, provided such
damage to property or injury or death to person is due, in whole or in part, to the error, omission,
or acts of the indemnifying party or any of its employees.
November 2025 2024 $ 426,382.50
November 2026 2025 $ 422,027.50
November 2027 2026 $ 422,177.50
November 2028 2027 $ 421,585.00
November 2029 2028 $ 425,250.00
November 2030 2029 $ 422,750.00
November 2031 2030 $ 424,500.00
November 2032 2031 $ 425,250.00
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9. NON-WAIVER. Waiver by any party of strict performance or any provision of this Agreement
shall not be a waiver of or prejudice the party's rights to require strict performance of the same
provision in the future or of any other provisions.
10. TIME OF ESSENCE. It is mutually agreed that time is of the essence in the performance of all
covenants and conditions to be kept and performed under the terms of this Agreement.
11. HEADINGS. The section headings contained herein are for convenience and reference and are
not intended to define or limit the scope of any provision of this Agreement.
12. NOTICES. All notices required under this Agreement shall be deemed properly served if
delivered in writing, personally, or sent by certified or registered mail to the last address
previously furnished by the parties hereto. Until hereafter changed by the parties by notice in
writing, notices shall be sent to the Gallatin County Commission, Finance Officer, 311 West
Main, Bozeman, Montana 59715, and City of Bozeman City Manager, 121 N Rouse Ave.,
Bozeman, MT 59771, and School District #7 Superintendent, 404 W. Main, Bozeman MT
59715. The date of mailing shall be deemed the date of such notice and service thereof.
13. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the
parties. No alterations, modifications, or additions to this Agreement shall be binding unless
reduced to writing and signed by the parties to be charged herewith. No covenant, term or
addition to this Agreement shall be deemed waived by either party unless such waiver shall be
reduced to writing and signed by the parties.
14. AMENDMENTS. The terms and conditions of this Agreement may not be modified or
amended except by an instrument in writing executed by each of the parties hereto. No oral
modification shall be enforceable.
15. SEVERABILITY. The provisions of this Agreement shall be deemed independent and
severable, and the invalidity, partial invalidity, or unenforceability of any one provision or
portion thereof shall not affect the validity or enforceability of any other provision herein.
16. EFFECTIVE DATE. This Agreement shall be effective after approval by the respective
governing bodies.
17. RECORDATION. This Agreement shall be filed with the Gallatin County Clerk and Recorder
and Montana Secretary of State as required by § 7-11-107, MCA.
BOARD OF COUNTY COMMISSIONERS
GALLATIN COUNTY, MONTANA
___________________________________ DATE:___________________
William A. Murdock, Chairman
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ATTEST:
____________________________________ DATE:___________________
Gallatin County Clerk and Recorder
CITY OF BOZEMAN COMMISSION
BOZEMAN, MONTANA
___________________________________ DATE:___________________
Jeff Krauss, Mayor
ATTEST:
____________________________________ DATE:___________________
Stacy Ulmen, City Clerk
Approved as to Form:
___________________________________ DATE: __________________
Greg Sullivan, City Attorney
SCHOOL DISTRICT #7 BOARD OF TRUSTEES
BOZEMAN, MONTANA
___________________________________ DATE:___________________
Chairman
ATTEST:
____________________________________ DATE:___________________
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