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ORDINANCE NO. 1844
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA ESTABLISHING AND
CREATING THE SOUTH BOZEMAN TECHNOLOGY
DISTRICT; AUTHORIZING THE USE OF TAX
INCREMENT FINANCING; DETERMINING THE COSTS
TO BE PAID BY TAX INCREMENT FINANCING;
ESTABLISHING A BASE TAXABLE YEAR AND AN
EFFECTIVE DATE
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana:
Section I
Findings.
1. The Commission (the "Commission") of the City of Bozeman, Montana (the "City") is
authorized to create a technology district pursuant to §7-15-4295, MCA and use tax
increment financing in furtherance of the purposes of the District pursuant to §§7-15-
42.82 —4294, MCA for the purpose of developing infrastructure to encourage the location
and retention of technology infrastructure development projects in the City.
2. Job creation and industry diversification are critical to the long-term economic vitality of
Bozeman.
3. Consistent with the goals of the City of Bozeman's Economic Development Plan, the
City wishes to stimulate, encourage and support the attraction, retention and growth of
jobs and industry in variety of technology sectors.
4. The number and diversity of jobs created in a variety of technology sectors have high
growth potential and support moderate to high income employment.
5. The area proposed for the South Bozeman Technology District (the "District") consists of
a continuous area with an accurately described boundary that is large enough to host a
diversified tenant base of multiple independent tenants.
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Ordinance No. 1844, Creating South Bozeman Technology District
6. With the adoption of Resolution 4414 on November 5, 2012, the Commission adopted a
comprehensive development plan for the District known as the "South Bozeman
Technology District Comprehensive Development Plan" (the "Plan") that ensures that the
District can host a diversified tenant base of multiple independent tenants.
7. The area proposed for the District is currently zoned a combination of Business Park (BP)
and Community Commercial Mixed Use ( B-2), which authorize uses compatible with
the Plan and are in accordance with the Bozeman Community Plan and consistent with
the goals of the City of Bozeman's Economic Development Plan.
8. The area proposed for the District does not comprise any property included within an
existing urban renewal area, industrial district, or aerospace transportation and
technology district created pursuant to §7-15-4295, MCA.
9, The area proposed for the District is deficient in infrastructure improvements necessary
for technology development.
10. The Commission has determined that the area proposed for District has not been designed
to serve the needs of a single district tenant or group of non-independent tenants.
11. The City has discussed the creation of the District and the use of tax increment financing
with the Gallatin County Commission and the Trustees of Bozeman School District No. 7
and in adopting this Ordinance has taken into account the effect on Gallatin County and
School District No. 7.
12. The City Commission reviewed and considered the relevant criteria established by §7-15-
4295, MCA and §§7-15-4282 - 4294, MCA, and found the proposed technology district
and the costs for which tax increment financing may be used to be in compliance with
these criteria; and,
13. After proper notice, the Commission held a public hearing on November 5, 2012, to
receive and review all written and oral testimony on the proposal to create the District
and use tax increment financing has determined the creation of the District is in the
public interest.
Section 2
Creation of the South Bozeman Technology Tax Increment Financing District.
The Commission, after having conducted a public hearing duly called and noticed in accordance
with the provisions of §7-15-4295, MCA, does hereby create the South Bozeman Technology
Tax Increment Financing District (the "District") for the purpose of stimulating, encouraging and
supporting the attraction, retention and growth of jobs and industry in a variety of technology
sectors.
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Ordinance No. 1844, Creating South Bozeman Technology District
Section 3
Requirements of Tenants of the District.
The tenants of the District must be businesses or organizations engaged in technology based
operations within Montana that through the employment of knowledge or labor add value to a
product, process, or export service that results in the creation of new wealth and for which at
least 50% of the sales of the business or organization occur outside of Montana or the business or
organization is a manufacturing company with at least 50 % of its sales to other Montana
companies that have 50% of their sales occurring outside of Montana.
Section 4
Annual Report.
At a date determined by the Director of Administrative Services, the District shall present the
Commission and file with the City Clerk a report describing: (1) the activities of the District for
the previous year; (2) the activities and the proposed costs to be paid by tax increment financing
in the upcoming year; and (3) whether the tenants of the District comply with Sections 1.5 and 3
of this Ordinance.
Section 5
Legal Des cription/Boundaries.
The legal description of the District is as shown on EXHIBIT A. The physical boundaries of the
District are as shown on EXHIBIT B (both exhibits are hereby incorporated herein and made a
part hereof).
Section 6
Authorization for Use of Tax Increment Financing/Base Year.
In accordance with §7-15-4282, the Commission hereby authorizes the segregation and
application of tax increments as provided by §§7-15-4282 — 4294, MCA. 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,
2012.
Section 7
Term of Tax Increment Financing Technology District.
The tax increment financing technology district will terminate in accordance with §7-15-4292,
MCA.
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Ordinance No. 1844, Creating South Bozeman Technology District
Section 8
Costs Which May be Paid From Tax Increment.
The tax increment received by the District may be used to pay any costs incurred for an
infrastructure development project (in the District), pursuant to the provisions of §7-15-4282
through §7-15-4294, MCA.
Section 9
Filing with the Montana Department of Revenue.
The City Clerk shall file a copy of the Plan and this Ordinance with the Montana Department of
Revenue.
Section 10
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 11
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 12
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 13
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in
a category entitled"Tax Increment Financing Districts."
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Ordinance No. 1844, Creating South Bozeman Technology District
Section 14
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption,
PROVISIONALLY PASSED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on. the 5"' day of November, 2012,
B o0
Mayor
C
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 19"' of
November, 2012. The effective date of this ordinance is December 19, 2012.
V /
SEAN A. BECKER
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1 Mayor
A TTE
FNSE CMC
ter
APPROVED AS TO FORM:
CMG SULLIVAN
City Attonicy
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