HomeMy WebLinkAboutFinal Adoption of Ordinance 1861, amending BMC to create Urban Renewal, Tax Increment Boards by Resolution_101
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brit Fontenot, Economic Development Director
SUBJECT: Final Adoption of Ordinance 1861 Amending Chapter 2, Article 5, Division 10 of the Bozeman Municipal Code Providing Authority for the Bozeman City Commission to Create Advisory Boards by Resolution for
Urban Renewal, Tax Increment Financing, and other Districts as
Authorized by Title 7, Chapter 15, Parts 42 and 43, MCA, and Providing
for the Powers, Duties, Membership, Required Reports and Meetings of such Boards.
MEETING DATE: June 3, 2013
AGENDA ITEM TYPE: Action
RECOMMENDATION: Finally adopt Ordinance 1861 via the Commission’s Consent
agenda. If approved on second reading, Ordinance 1861 will be
effective on July 3, 2013.
BACKGROUND: At the public hearing held May 20, 2013 the Bozeman City Commission voted 5 – 0 to approve the first reading of Ordinance 1861.
On November 19, 2012 the City Commission adopted Ordinance 1844 which became
effective on December 19, 2012. Ordinance 1844 established the South Bozeman Technology District with a base year of 2012.
Ordinance 1862 represents the next step in the creation of the South Bozeman Technology
District. (ATTACHMENT 1) Overtime, the City Commission has created by ordinance several
urban renewal, tax increment financing, and other districts and advisory boards to assist in the administration of those districts. The intent of this Ordinance is to first provide authority for the Bozeman City Commission to create by resolution advisory boards for the implementation and
administration of the city’s several urban renewal, tax increment financing, and other districts
created pursuant to Title 7, Chapter 15, Parts 42 and 43, MCA and also to provide general rules
applicable to a newly created district board. This Ordinance is not intended to supersede or repeal ordinances creating existing urban renewal district or tax increment financing district boards except as provided herein. The City Commission recognizes the Montana Legislature
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adopted Senate Bill 239, effective July 1, 2013, which consolidated several types of districts
authorized to use tax increment financing including technology and industrial districts into what
will be called “targeted economic development district[s].” Section 25 of Senate Bill 239
provides that existing technology and industrial districts, such as those created within the City of Bozeman, may continue to operate and issue bonds under the laws governing the districts and financial operations of those districts as those laws read on December 31, 2012.
UNRESOLVED ISSUES: None identified at this time.
ALTERNATIVES: As determined by the Commission.
FISCAL EFFECTS: None identified at this time.
Attachments: 1. Ordinance 1862.
Report prepared on May 21, 2013
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Ordinance 1861
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ORDINANCE NO. 1861
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA
AMENDING CHAPTER 2, ARTICLE 5, DIVISION 10 OF THE BOZEMAN MUNICIPAL CODE
PROVIDING AUTHORITY FOR THE BOZEMAN CITY COMMISSION TO CREATE
ADVISORY BOARDS BY RESOLUTION FOR URBAN RENEWAL, TAX INCREMENT
FINANCING, AND OTHER DISTRICTS AS AUTHORIZED BY TITLE 7, CHPT. 15, PARTS 42
AND 43, MCA, AND PROVIDING FOR THE POWERS, DUTIES, MEMBERSHIP, REQUIRED
REPORTS, AND MEETINGS OF SUCH BOARDS.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA:
Section 1
Legislative Intent.
Overtime, the City Commission has created by ordinance several urban renewal, tax increment
financing, and other districts and advisory boards to assist in the administration of those districts. The
intent of this Ordinance is to first provide authority for the Bozeman City Commission to create by
resolution advisory boards for the implementation and administration of the city’s several urban renewal,
tax increment financing, and other districts created pursuant to Title 7, Chpt. 15, Parts 42 and 43, MCA
and also to provide general rules applicable to a newly created district board. This Ordinance is not
intended to supersede or repeal ordinances creating existing urban renewal district or tax increment
financing district boards except as provided herein. The City Commission recognizes the Montana
Legislature adopted Senate Bill 239, effective July 1, 2013, which consolidated several types of districts
authorized to use tax increment financing including technology and industrial districts into what will be
called “targeted economic development district[s].” Section 25 of Senate Bill 239 provides that existing
technology and industrial districts, such as those created within the City of Bozeman, may continue to
operate and issue bonds under the laws governing the districts and financial operations of those districts
as those laws read on December 31, 2012.
Section 2
That the table of contents to Chapter 2, Article 5, Division 10 shall be amended to read as follows:
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Ordinance 1861
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“DIVISION 10. – URBAN RENEWAL, TAX INCREMENT, AND ECONOMIC
DEVELOPMENT TAX INCREMENT FINANCING INDUSTRIAL DISTRICT BOARDS
Sec. 2.05.1750. - Purpose and intent.
Sec. 2.05.1760. - Definitions.
Sec. 2.05.17670. - Creation; powers and duties.
Sec. 2.05.17780. - Members; appointment and terms.
Sec. 2.05.17890. - Meetings; elections of officers; records; ethics.
Sec. 2.05.17901800. - Annual reports.
Secs. 2.05.1800—2.05.1940. - Reserved.
Sec. 2.05.1810. – North Park Industrial District Board.
Sec. 2.05.1820. – Downtown Area Urban Renewal District Board.
Sec. 2.05.1830. – North Seventh Avenue Urban Renewal Board.
Sec. 2.05.1840. – Northeast Urban Renewal Board.
Sec. 2.05.1850. – South Bozeman Technology District Board.
Secs. 2.05.1860 – 1940. – Reserved.”
Section 3
That Chapter 2, Article, 5, Division 10, Bozeman Municipal Code, shall be amended to read as follows:
“Sec. 2.05.1750. - Purpose and intent.
The purpose and intent of this division is to provide for the authority of the city commission
to create an advisory boards comprised of citizens of Bozeman, Montana to assist in the
administration and implementation of urban renewal, tax increment financing, and other districts
created pursuant to Title 7, chapter. 15, parts 42 and 43, MCA, which may be granted authority
to use tax increment financing. attraction and retention of secondary, value-adding industries
including warehousing, distribution and transportation industries, and manufacturing that uses
Montana timber, mineral, oil, gas, coal and agricultural resources in the production of products in
the state. More specifically, this board of citizens will consult and advise the city commission
regarding the Bozeman TIFID program.
Sec. 2.05.1760. - Definitions.
A. The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:
1. "Actual taxable value" means the taxable value of taxable property at any time, as
calculated from the assessment role last equalized.
2. "Base taxable value" means the actual taxable value of all taxable property within an
urban renewal area or industrial district prior to the effective date of a tax increment
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financing provision. This value may be adjusted as provided in MCA 7-15-4287 or 7-
15-4293.
3. "Incremental taxable value" means the amount, if any, by which the actual taxable value
at any time exceeds the base taxable value of all property within a tax increment
financing industrial district.
4. "Industrial district" or "tax increment financing industrial district" or "TIFID" means a
tax increment financing industrial district created pursuant to article 6, division 7 of this
chapter, and MCA 7-15-4299.
5. "Industrial infrastructure development project" means a project undertaken within or for
an industrial district that consists of any or all of the activities authorized by MCA 7-15-
4288.
6. "Tax increment" means the collections realized from extending the tax levies, expressed
in mills, of all taxing bodies in which the industrial district or a part thereof is located
against the incremental taxable value.
7. "Tax increment provision" means a provision for the segregation and application of tax
increments as authorized by MCA 7-15-4282 through 7-15-4292.
8. "Taxes" means all taxes levied by a taxing body against property on an ad valorem
basis.
Sec. 2.05.17670. - Creation; powers and duties.
A. The city commission may by resolution or ordinance creates an urban renewal board or
economic development district board the Bozeman Tax Increment Financing Industrial
District (TIFID) Board and authorizes the TIFID board to exercise any of the following
industrial district powers authorized pursuant to Title 7, Chpt. 15, parts 42 and 43, MCA
which are specifically authorized for that board by the city commission.
1. To undertake and carry out industrial infrastructure development projects as approved
the city commission;
2. To disseminate industrial development information;
3. To advise the commission on the improving, clearing or preparing for development or
redevelopment any real or personal property in the industrial district;
4. To effectuate industrial infrastructure development project plans;
5. To assist in conducting appraisals, title searches, surveys, studies, and other preliminary
plans and work necessary to prepare for the undertaking of industrial infrastructure
development projects;
6. To assist in the negotiation for the acquisition of land;
7. To study the closing, vacating, planning or replanning of streets, roads, sidewalks,
ways, railroad spurs, sewer lines, sewer treatment facilities, waterlines, waterways,
water treatment facilities, or other places and to make recommendations with respect
thereto;
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8. To make recommendations concerning the allocation of tax increment financing
industrial district funds as appropriated by the city commission and as provided for in
MCA 7-15-4288;
9. To perform such duties as the city commission may direct so as to make the necessary
arrangements for the exercise of the powers and performance of duties and
responsibilities entrusted to the city commission.
Sec. 2.05.17780. - Members; appointment and terms.
A. All appointments to the TIFID a board created pursuant to this division will be made by the
city commission.
B. The TIFID A board created pursuant to this division shall consist of at least five and not
more than seven members with the initial terms as follows: one member appointed for one
year, one for two years, two for three years, and the remainder for four years. Each
appointment thereafter shall be for four years.
C. The city commission may determine in the resolution or ordinance creating the board that
some positions must be filled by persons with specific backgrounds, expertise, or
experiences, while other positions may be at large. Whenever possible, at least one board
member will be selected from each of the following disciplines: real estate, economic
development, commercial lending, and civil or environmental engineering. The remaining
positions shall be at large.
D. Each board member shall hold office until the board member's successor has been appointed
and has qualified.
E. A board member shall receive no compensation for the board member's services, but shall be
entitled to previously authorized expenses, including travelling expenses, incurred in the
discharge of the board member's duties.
F. Any persons may be appointed as board members if they are residents of, property owners
within, or gainfully employed by a business or firm located within the city. The city
commission may give preference to residents, business owners or employees, or property
owners of the district. A majority of members must reside or own real property within the
city.
G. A board member may be removed for inefficiency, neglect of duty or misconduct in office,
or as provided for by law.
H. A majority of members must reside or own real property within the city.
Sec. 2.05.17890. - Meetings; elections of officers; records; ethics.
A. The TIFID A board created pursuant to this division shall hold meetings as it deems
necessary to execute its powers and duties as provided for by resolution or ordinance of the
city commission. in section 2.05.1770 and article 6, division 7 of this chapter.
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B. The TIFID A board created pursuant to this division shall adopt bylaws enabling it to elect
officers, set officer terms and establish regular meeting times. All bylaws must be approved
by the city commission.
C. All meetings of the board are subject to the open meetings provisions of Montana law and all
proceedings of the board shall be subject to the public records requirements of Montana law.
D. Board members are subject to the state and city’s code of ethics and must attend annual
ethics training.
Sec. 2.05.17901800. - Annual reports.
The TIFID A board created pursuant to this division shall file with the city commission, on a
date as determined by the Director of Administrative Services or before March 31 of each year, a
report of its activities for the preceding calendar year and shall publish notice of said report in
compliance with 7-15-4237, MCA.”
Sec. 2.05.1800. – Reserved.
Sec. 2.05.1810. – North Park Industrial District Board.
There exists a Tax Increment Financing Industrial District Board created pursuant to
Ordinance 1337 for the implementation and administration of the Tax Increment Financing
Industrial District Program. This Board shall be hereafter known as North Park Industrial District
Board and shall advise the City Commission on all aspects of the implementation of the North
Park Industrial District and no other.
Sec. 2.05.1820. – Downtown Area Urban Renewal District Board.
There hereby exists a Downtown Area Urban Renewal District Board created pursuant to
Ordinance 1409 for the implementation and administration of the Downtown Urban Renewal
District.
Sec. 2.05.1830. – North Seventh Avenue Urban Renewal Board.
There hereby exists a North Seventh Avenue Urban Renewal District Board created
pursuant to Ordinance 1685 for the implementation and administration of the North Seventh
Avenue Urban Renewal District.
Sec. 2.05.1840. – Northeast Urban Renewal Board.
There hereby exists a Northeast Urban Renewal District Board created pursuant to
Ordinance 1655 for the implementation and administration of the Northeast Avenue Urban
Renewal District.
Sec. 2.05.1850.- South Bozeman Technology District Board.
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There hereby exists a South Bozeman Technology District Board created pursuant to
Resolution 4439 for the implementation and administration of the South Bozeman Technology
District.
Sec. 2.05.1860 – 1940. – Reserved.
Section 4
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this
ordinance 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. Specifically, nothing
herein shall be construed to repeal: Ordinance 1685 creating the North Seventh Avenue Urban Renewal
District, its urban renewal plan, and its advisory board; Ordinance 1655 creating the Northeast Urban
Renewal District, its urban renewal plan, and its advisory board; Ordinance 1409 creating the Downtown
Area Urban Renewal District, it urban renewal plan, and its Downtown Bozeman Improvement/Tax
Increment Financing Board; Ordinance 1684 creating the Mandeville Farm Tax Increment Financing
Industrial District; or Ordinance 1844 creating the South Bozeman Technology District and Resolution
4439 creating the South Bozeman Technology District Advisory Board. The provisions of the above
ordinances pertaining to the powers, duties, and composition of such board shall remain in effect until
specifically repealed.
Section 5
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 6
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 7
Codification.
This Ordinance shall be codified as indicated in Section 2 - 3.
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Section 8
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 20th day of May, 2013.
____________________________________
SEAN A. BECKER
Mayor ATTEST:
______________________________
STACY ULMEN, CMC
City Clerk 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 3rd day of
June, 2013. The effective date of this ordinance is July 3rd, 2013.
_________________________________
SEAN A. BECKER
Mayor ATTEST:
_______________________________
STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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