HomeMy WebLinkAboutConsideration of Resolution 4439, Creating the South Bozeman Technology District1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brit Fontenot, Economic Development Director
SUBJECT: Resolution 4439 Creating the South Bozeman Technology District Board MEETING DATE: May 20, 2013
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Resolution 4439 creating the South Bozeman Technology District Board (the “Board”) and direct staff to return to the Commission for Board appointments and
ratification of District rules of procedure. The effective date of
Resolution 4439 is coordinated with the effective dates of
Ordinances 1861 and 1862, July 3, 2013. MOTION AND VOTE: I move to Approve Resolution 4439 creating the South
Bozeman Technology District Board and direct staff to return
to the Commission for Board appointments and ratification of
District rules of procedure.
BACKGROUND:
Resolution 4439 is related to passage of Ordinance 1844 on November 19, 2012 creating the South Bozeman Technology District (the “District”). The District was established under the laws of the State of Montana and the City of Bozeman as a technology tax increment finance, or
TIF, district. Adoption of Resolution 4439 establishes the operational structure of the District
and allows for Board appointments and creation and adoption of District rules of procedure.
Passage of Ordinances 1861 and 1862 provides for the creation of the District and, more broadly, authorizes the Commission to appoint TIF district boards via resolution. The advantage
being that board appointments become effective immediately upon resolution adoption.
Once effective, Ordinance 1861 authorizes the creation of the South Bozeman Technology District Board. Resolution 4439 establishes the following:
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1. The Board is created;
2. The Board consists of five voting members;
3. Board powers are pursuant to Montana Code;
4. Board actions must comply with the Bozeman Municipal Code;
5. The Board will create rules of procedure;
6. Board members are public officials and are subject to the City’s and State’s
code of ethics and must take the annual ethics training;
And finally, [a]ll meetings of the Board shall be open to the public except as authorized by
law and public records of the Board are subject to Montana law.
UNRESOLVED ISSUES: Effective on July 3, 2013, Ordinances 1861, 1862 and Resolution 4439 enable the Commission to appoint the Board and ratify the District rules of procedure. Staff will return to the Commission
with Board candidates as soon as possible this summer. Once
appointed, the Board will adopt rules of procedure for Commission
ratification. ALTERNATIVES: As determined by the Commission.
FISCAL EFFECTS: None identified at this time.
Attachments: 1. Resolution 4439
Note: Additional materials referenced herein are located in the May 20, 2013 packet
material related to Ordinances 1861 and 1862. Report prepared on May 12, 2013
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Resolution 4439 Page 1 of 2
COMMISSION RESOLUTION NO. 4439
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, CREATING THE SOUTH BOZEMAN TECHNOLOGY DISTRICT
BOARD AND ESTABLISHING THE DUTIES AND RESPONSIBILITIES THEREOF.
WHEREAS, on November 5, 2012 the Bozeman City Commission provisionally
adopted Ordinance 1844 creating the South Bozeman Technology District and on November 19,
2012 the Bozeman City Commission finally adopted Ordinance 1844 creating the South
Bozeman Technology District becoming effective on December 19, 2012; and
WHEREAS, on December 20, 2012 the Montana Department of Revenue certified the
South Bozeman Technology District’s status as a Tax Increment Finance District in order to
establish the District’s base taxable value and established the base year as January 1, 2012; and
WHEREAS, on May 20, 2013 the Bozeman City Commission adopted Ordinance
1862 which, inter alia, establishes the administration and authority of South Bozeman
Technology District; and
WHEREAS, on May 20, 2013 the Bozeman City Commission adopted Ordinance 1861
which, inter alia, provides the authority for the Bozeman City Commission to create advisory
boards by resolution for urban renewal, tax increment financing and other districts and providing
for the powers, duties, membership, required reports, and meetings of such boards.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
1. That the South Bozeman Technology District Board (the Board) is hereby
created under the provisions defined in Chapter 2, Article 5, Division 10 of the
Bozeman Municipal Code.
2. The Board shall consist of five voting members. There shall be no non-voting
members.
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Resolution 4439 Page 2 of 2
3. The Board shall have all the powers provided for pursuant to Title 7, Chpt. 15
parts 42 and 43, MCA, unless otherwise determined by resolution of the
Commission.
4. All actions of the Board shall comply with Chapter 2, Article 5, Division 10 of
the Bozeman Municipal Code.
5. The Board shall create rules of procedure that shall govern its conduct and
administrative procedures. Said rules shall be based on model rules
promulgated by the City Clerk and shall be approved by resolution of the
Commission.
6. All members shall be considered public officials as defined in 2.03.470.A.9,
BMC, and as such shall be subject to and comply with the City’s and State of
Montana’s code of ethics. All members shall take the annual ethics training as
required by Section 7.01 of the Bozeman City Charter.
All meetings of the Board shall be open to the public except as authorized by law. All
public records of the Board shall be subject to the disclosure and retention requirements of
Montana law. PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the _____ day of ________, 2013. The effective
date of Resolution 4439 is July 3, 2013, coordinated with the effective date of Ordinances
1861 and 1862.
___________________________________
SEAN A. BECKER
Mayor
ATTEST:
________________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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