HomeMy WebLinkAboutOrdinance 13- 1862 Creation of Urban Renewal, Tax Increment Financing and other Districts, BMC Ch. 2, Article 6, Division 7 V 9x
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ORDINANCE NO. 1862
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA
AMENDING CHAPTER 2, ARTICLE 6, DIVISION 7 OF THE BOZEMAN MUNICIPAL CODE
TO PROVIDE FOR THE CREATION OF URBAN RENEWAL, TAX INCREMENT
FINANCING, AND OTHER DISTRICTS AS AUTHORIZED BY TITLE 7, CHAPTER 15,
PARTS 42 AND 43,MCA.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOZEMAN,MONTANA:
Section 1
Leeislative Intent.
Overtime, the City Commission has created by ordinance several urban renewal and tax
increment financing districts throughout the City. The intent of this Ordinance is to provide for the
authority of the city commission to create urban renewal, tax increment financing, and other districts
pursuant to Title 7, Chpt. 15, Parts 42 and 43, MCA and to provide general rules applicable to newly
created districts. This Ordinance is not intended to supersede or repeal any ordinances or resolutions
regarding existing urban renewal or tax increment financing districts. 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 6,Division 7 shall be amended to read as follows:
DIVISION 7. —URBAN RENEWAL, TAX INCREMENT IA;4""'" A , AND ECONOMIC
DEVELOPMENT MD USPUM DISTRICTS_ARAG
See 06 1250 Defiia
Sec. 2.06.12560. —Urban renewal,tax increment, and economic development industrial
develepment-districts; creation.
Sec. 2.06.126-70. - Costs which may be paid from tax increments.
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Sec. 2.06.127-90. -Use of tax increments for bond payments.
Sec. 2.06.128-90. - Contents of ordinance.
Sec. 2.06.129044N. - r' 4,jermination of tax increment financing provisions.
Sec. 2.06.1304-0. - Administration.
Sec. 2.06.1310.—North Park Industrial District.
Sec. 2.06.1320. —Downtown Area Urban Renewal District.
Sec. 2.06.1330. —North Seventh Avenue Urban Renewal District.
Sec. 2.06.1340. —Northeast Urban Renewal District.
Sec. 2.06.1350. — South Bozeman Economic Development District.
Secs. 2.06.135202.06.1440. - Reserved.
Section 3
That Chapter 2,Article 6, Division 7 shall be amended to read as follows:
words,A. The following >
shall ha-ve the ffleanings
1�" z Ct}itrtw-chtri—�1z1—ieiirrthe taxable �e-6 �e��6� nij-tfne
, as
ealeulated from the assessment role last equalized,
"Base2. n
means the aetual tfflEable value of all tarrable property wi4h'
urban fenewal area of industr-ial diStFiet prior- to the effeetive date of a tax iner-eme
fiina'nei . This value m , be adjusted-"os pr—oevided in rN4GA 7 15 4z 87 or- 7-
15
3
11 II
• Iner-effiental taxable value means the 7 if 7
by whieh the aetual taxable value
at any fifne emeeeds the base taxable value of al pert y within a tm increment
4. n rr
to MCA 7 15 4299
5. n n
4288.
6. nTax n
levies,means the eelleetions realized 4efn exteading the tax
against expfessed
in mills, ef all teehing bodies in whieh the industrial dis4r-iet or- a paFt thereof is leeat
the ; „tal tEmable vabae
7. n n
me en fer-the segr-egatien an appheatien of tax
iner-emepAs ., authorized by N4 A 7 15 4282 though 7 15 48. 707
rl n
means all taxes levied by a taxing bedy against pr-epefty on an ad valor-efli
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Sec. 2.06.12560. -Urban renewal, tax increment, and economic development industria1
development districts; creation.
A. The city commission may, from time to time, create by ordinance an urban renewal, tax
increment financing, or economic development inial district pursuant to title 7, chapter
15, parts 42 and 43, MCA, following a public hearing on the proposed district. In order for
land to be included in the proposed district, in addition to the requirements of Montana law,
it must:
1. Consist of an eentintiatis area with an accurately described boundary;
2. Not be contained within the boundaries of another dial tax increment financing,
distriet ef an urban renewal, or other economic development district with a tax
increment provision;
3. Be zoned in accordance for the purposes for which the district will be created and be in
compliance with the Bozeman Community Plan '� -"+ �� "o,, .. ��� *-��' •�
uevvlauree with the Bo master-p! , and
4. Be determined to be in compliance with all other legal requirements. ,amain
11111(+J tl U,..l{.11 V Z1 0
B. The district must have as its purpose only those authorized by Iaw. the
added industfies.
C. Notice of the public hearing on the creation of a proposed str4a4 district shall be given in
accordance with the provisions of MCA 7-15-4215.
Sec. 2.06.126-70. - Costs which may be paid from tax increments.
A. The district's tax increment r-eeeived f e a indtistr-ial district may be used to pay for the
follav4n costs incurred by fer an authorized urban renewal, tax increment, economic
development or authorized industrial infrastructure development project (in that district) as
provided by Title 7, Chpt. 15, Parts 42 and 43, MCA and as authorized by ordinance of the
city commission.
--1. Land t-i
removalstfuettir-es;
3. Releea+ien of eeeupaats�,
4. The—aequisilien, eanstf#etien and improvement of infrastfuetur-e or indust-fial
infrastfueture> whieh ineludes streets, > > gtA4ef s, sidewa4ks, ,
alley par-king lots and eff stfeet par-king faeilities,, sewers,sewer- lines, ewage
> stefffi sewers, > > ,
lines,natufal gas eleetrieal lines, lines, lines,il rail spufs, ,
publ:ely e buildings, and any p4lie-improvements authorized by MCA 7 12 41
t1feugh 7 12-43, 7 13 42, 7 43-43 nd 7 14 47, and ileffis of personal pr-eperty toe
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15
;
7. Administf4ive eests asseeia4ed with the fflanagement of the industrial ;
-luding sale, ifiitial leasing, or- retention by the munieipalit-y itself at its fa
„991;
the infrastfuetur-e needs ef seeendafy, value adding industries in the indust-fial distfiet�,-
distr-iet; and
pr-qjeets, te seeendary, value adding indus4ies to assist in fneeting their- infFastfueti
and land needs v41hin the ift"strial distfiect.
Sec. 2.06.12780. -Use of tax increments for bond payments.
The tax increments received may be pledged for the payment of the principal of premiums,
if any, and interest on bonds which the city may issue for the purpose of providing funds to pay
for costs accrued pursuant to section 2.06.12670.
Sec. 2.06.12890. - Contents of ordinance.
A. Each ordinance creating an urban renewal, tax increment financing, or economic
development industrial district shall:
1. Designate each tax :,,e,.ement finereing district by number;
2. Set forth a legal description of and map showing the boundaries of the �-ial
district;
3. Include a plan that describes the district or tax i e,.emeni indust..;el development project
and contains provisions for undertaking and implementing the district or project; and
4. Establish the base year for the calculation of tax increment within the industrial district.
Sec. 2.06.129043A. - Distriets;ffermination of tax increment financing provisions.
A, An urban renewal or economic development district's Ttax increment financing provisions
i4l shall terminate pursuant to title 7, chapter 15, parts 42 and 43, MCA.
upen the lalef-ofl.
1 The 1 G+h following the e ee+:e„ of the :ndus+fia this, ° • o: +
• year- o
�
2 The payme.,+ pfoefl- fi payment iii full or- disehafge of all bends fe ,.h:eh the
+.,., ; „+ has b.een pledged and+heinterest there.,,,
B. After tefmination of the tax ifter-ement fi . - . 'isien, a4l taxes shall be levied upen the
aetual tfflEabie value of the taxable pr-epefty in the in"stfial distr-iet and shall be paid ipAe
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Sec. 2.06.13010. -Administration.
The urban renewal, tax increment financing, or economic development district programs
created pursuant to i-H this division shall be administered by the city commission. The
commission shall be advised on matters pertaining to the program by a the tmi i men*
district board created pursuant to article 5, division 10 of this chapter and
madelegate specific authorijy to such board pursuant to ordinance or resolution.
Sec. 2.06.1310.—North Park Economic Development District.
There hereby exists a Mandeville Farm Tax Increment Financing Industrial District
created pursuant to Ordinance 1684, hereafter to be known as the North Park Economic
Development District.
Sec. 2.06.1320.—Downtown Area Urban Renewal District.
There hereby exists a Downtown Area Urban Renewal District created pursuant to
Ordinance 1409.
Sec. 2.06.1330. —North Seventh Avenue Urban Renewal District.
There hereby exists a North Seventh Avenue Urban Renewal District created pursuant to
Ordinance 1685.
Sec. 2.06.1340. —Northeast Urban Renewal District.
There hereby exists a Northeast Urban Renewal District created pursuant to Ordinance
1655.
Sec. 2.06.1350.- South Bozeman Technologv District.
There hereby exists a South Bozeman Technology District created pursuant to Ordinance
1844.
Secs. 2.06.1350— 1440.—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 1336 creating a Tax Increment Financing Industrial District
Program; 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
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District, it urban renewal plan, and its downtown Bozeman Improvement District Board; Ordinance 1684
creating the Mandeville Farm Tax Increment Financing Industrial District;or Ordinance 1844 creating the
South Bozeman Technology District. 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.
Section 8
Effective Date.
This ordinance shall be in full force and effect thirty(30)days after final adoption.
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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.
/S; N A. BECKER
yor
ATTEST:
Br
STACY L , , •■p
City Clerk
FINA, Y- PAS ' b, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, 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: 'B OZ
- � r
STACC CMS
City lJ1
•° 3 .j ��. APPROVED AS TO FORM:
G S IVAN
City Attorney
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