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HomeMy WebLinkAboutOrdinance 13- 1861 Creation of Advisory Boards by Resolution for Urban Renewal, Tax Increment Financing and other Districts, BMC Ch. 2, Article 5, Division 10 A'Cfl,1► 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: Ordinance 1861 Page 1 of 7 "DIVISION I0. — URBAN RENEWAL, TAX INCREMENT,AND ECONOMIC DEVELOPMENT L4 v VGRE-VIEW FW4 n L DISTRICT BOARDS Sec. 2.05.1750. - Purpose and intent. See. ?05.T 60 Definitions. Sec. 2.05.176-70. - Creation; powers and duties. Sec. 2.05.17790. - Members; appointment and terms. Sec. 2.05.17890. - Meetings; elections of officers; records; ethics. Sec. 2.05.17904SW. -Annual reports. Secs. 2.05.1800 nc loan - 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, ArticIe, 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. a 4aetten end r-etentiene-seeendafy, vaitte adding indus See:2.05.1760. Definitions; A. The fellev4ag werds, tettms and phfases, when used in this division, shall have the mea*ing-s aser-ibed te them in thi� meept where the context elear-ly indiea4es a different me ing- 1. "Aetual taxable va4tie" means the iaxable value ef taxable pr-epeAy at aft), time, as i i a ffeffi the assessment role last eqiialized-. "Base2. value" Ordinance 1861 Page 2 of 7 1` 4293. > if any, 4. " " " " " means aniaau a..u� .�dustfial dis.t,-iet that . ;s.ts. f s,.yer- al of the ae fiyi figs authorized by MCA 7 1 C `i288 6. nTax n means the eelleefiens realized f+efn extending!he tax levies, expressed in ....ills of all ts,l,;.g L.odies. ; whieh the ;.,,sass;s,l ,l;s.tr-iet o a paFt then-eef is 1,.e to against the iner-emental tfflfablevalue.- 7. nTax inereffient n me on for- the segregalieft and appheation of tax izae 8. "Taxes" means all taxes levied by a taxing body against pr-eperty on an ad va4efefa basis. See. 2.05.17670. - Creation; powers and duties. A. The city commission may by resolution or ordinance create's an urban renewal board or economic development district board the Bezefflan T.,.i iner-,,Y..,,, t >~;.,,,„eing indl s.t..;s,l Distriet (T-IFID) Board and aut ..sizes. the TIFID bear- to exercise any of the fellewing 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. 2. To dissemina4e industrial development info 0 0 o e anyo er- o plans; appraisals,S. To assist in eendueting > land;6. To assist in the negetieAien for-the aequisi&a of > > ways, , Ordinance 1861 Page 3 of 7 afrurrgements- for exer-eise of the powers and per-fefm n ee of--duties--carr-espensibilifies entrusted to the eity Sec. 2.05.17780. - Members; appointment and terms. A. All appointments to '"gin 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, AN4wneyer��ut�eFrsc vnc-v^ 1 vary lu positions shall be at lafge 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 ci . G. A board member may be removed for inefficiency, neglect of duty or misconduct in offices or as provided for by law. u n major-it-y f,,.,embers«., st reside o own reed p „efty within the eit-y. Sec. 2.05.17890. - Meetings; elections of officers; records; ethics. A. The TIFIn Aboard 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 seetion 2.05.1770 and artiele 6 , iyisie 7 of this ,.hapto. Ordinance 1861 Page 4 of 7 B. The Tea 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. 2.05.17904S80. -Annual reports. The TAD A board created pursuant to this division shall file with the city commission, on a date as determined by the Director of Administrative Services er be er—e march 31 of eaeh ye -, 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. Ordinance 1861 Page 5 of 7 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. See.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. Ordinance 1861 Page 6 of 7 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. > PA�NA. B E C K E R • 'OF B 0� Mayor ATTES •' v. -: 6L ST G �1 ,0&c: Ci FINA .,rASSEb, 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: L. 'OF , .OZ , S N; C _~ ► . Ci erk = �;'••- L c. •� `fir ' • •°:`` APPROVED AS TO FORM: Cu- GREd SULLIVXN City Attorney Ordinance 1861 Page 7 of 7 . ii _���� i �i7: