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Home My WebLink About12- School District and City Interlocal Agreement, process for school siting, development and creation of TIF Districts 1NTERLOCAL AGREEMENT SCHOOL DISTRICT 7- CITY OF BOZEMAN THIS AGREEMENT is made and entered into this V,day of�, 2012, between Bozeman School District 7 Elementary and High School, Political Subdivisions of the state of Montana, with principal offices at 404 West Main Street, Bozeman, Montana, 59715 (hereinafter referred to as District), the City of Bozeman, a Municipal Corporation of the state of Montana, with principal offices at P.O. Box 1230, Bozeman, Montana, 59771-1230 (hereinafter referred to as Bozeman). WHEREAS, Bozeman and District are separate legal entities that have individual rights and duties as outlined in Montana Code; and WHEREAS, the District desires to cooperate with Bozeman's development guidelines and standards without unduly restricting the legal rights of the Board of Trustees; and WHEiREAS,the District and Bozeman have the authority to enter into this agreement pursuant to Sections 7-11-101 through 7-1 1-108, MCA and 20-9-702, MCA. NOW,THEREFORE,the District and Bozeman agree as follows: 1. PURPOSE OF_INTERLOCAL_AGREEMENT. The purpose of this Interlocal Agreement is to establish operating process and guidelines relative to school siting, development within the City of Bozeman and the creation of Tax Increment Financing Districts. 1. CITY/SCHOOL DISTRICT REVIEW PROCESS: A. MAJOR SCHOOL DEVELOPMENT: Defined as: land acquisition for new facilities, new school construction, expansion of existing facilities or buildings of over 20% in land or floor area. a) EARLY CONSULTATION - COLLABORATION: The City and School District agree to consult with the respective staff persons of each party early in the due diligence process stage to share information and identify issues that may impact each parties interests in an effort to produce the best decisions for the public. b) INFORMAL REVIEW.THROUGH THE DRC AND CITY COMMISSION: An "Infonnal Development Review Application"will be submitted to the City by the School District for review by the City Development Review Committee (DRC) and City Commission in order to provide official City feedback and guidance to the School District in order to assist them in their development plans. District project budgets and means and amounts of financing will take into consideration the results of the Informal Development Review to the maximum extent possible. p 104 c) SITE PLAN— EXEMPTIONS: If the Informal Development Review process warrants, a A formal site plan application will be submitted to the City for review of the proposed school development. If the site plan application does not require any exemptions under M.C.A. Section 76-2-402, the application will be reviewed and approved administratively. Any proposed exemptions under M.C.A. Section 76-2-402 will necessitate noticing and a public hearing as required under Statute at a City Commission meeting. d) COMPLIANCE WITH..STANDARDS: The School District shall make every effort possible to achieve fill City code compliance for all School development prior to proposing any site development exemptions as outlined above. The District shall not request exemptions to any building or fire safety standards. Requested exemptions shall generally be limited to on site development standards, including, but not limited to, landscaping, lighting, and parking. e) BUILDING.PERMITS; The District will obtain building permits as required by the International Building Code, administered through the City Building Division. B. MINOR SCHOOL DEVELOPMENT: Defined as: expansion of existing facilities or buildings less than 20% in land or floor area and other relatively minor site development changes that will affect Bozeman infrastructure; e.g. adding support structures, changes in access locations, changes to emergency service provisions, new or expanded parking lot-construction, etc.). a) STAFI~/DRC REVIEW—EXPIDITED REVIEW: Staff or 1 week DRC Review and Planning Director authorization following Staff or Development Review Committee recommendation. Any proposed exemptions under M.C.A. Section 76-2-402 will necessitate noticing and a public hearing as required under Statute at a City Commission meeting. b) BUILDING PERMITS_: The District will obtain building permits as required by the International Building Code, administered through the City Building Division. C. CITY COMMUNICATION TO SCHOOL DISTRICT ON MATTERS POTENTIALLY AFFECTING.SCHOOL_DISTRICT OPERATIONS OR FACILITIES: a) The City shall make every effort to communicate to the School District regarding any significant changes to applicable land use or infrastructure p.2 ol'4 policies or regulations that may affect the District's facilities or operations, including the following: • Long Range Planning Documents (Community Plan, Sub-Area Plans, etc.) • Facility Plans • Impact Fees • Unified Development Code b) Prior to the Bozeman City Commission considering a Resolution of Intent to Create a Tax Increment Financing (TIF) District, the City agrees to make every effort to communicate with the School District regarding the purpose, intent, scope and timeline for the creation of any TIF District. The tax increment financing provision must take into account the effect on the Districts pursuant to MCA 7-15-4282 (2). I1. DURA_TION. The term of this Agreement will end upon action taken by either the District Board of Trustees or the Bozeman City Commission to absolve this Agreement, with thirty days prior written notice to the other party. Either party may serve a Notice of Intention to Terminate upon the addresses as indicated in this Agreement. III, SEPARATE LEGAL ENTITY/ADMINISTRATION. There shall be no separate legal entity created as a consequence of this Agreement. Administration of this Agreement shall be the responsibility of the Chair of the District Board of Trustees and or designee and the Bozeman City Manager and/or designee. IV. N_O_N-WAIVER. Waiver by either party of strict performance or any provision of this Agreement shall not be a waiver of or prejudice the party`s rights to require strict performance of the same provision in the future or of any other provisions. V. TIME OF ESSENCE. It is mutually agreed that time is of the essence in the performance of all covenants and conditions to be kept and perfonned under the terns of this Agreement. VI. HEADINGS. The section headings contained herein are for convenience and reference and are not intended to define or limit the scope of any provision of this Agreement. VII. NOTICES. All notices required under this Agreement shall be deemed properly served if delivered in writing, personally, or sent by certified or registered mail to the last address previously furnished by the parties hereto. Until hereafter changed by the parties by notice in writing, notices shall be sent to the Superintendent, Bozeman Public Schools PO Box 520, Bozeman, Montana 59771-0520, and to the City Manager, City of Bozeman, PO Box 1230, Bozeman, Montana 59771-1230. The date of mailing shall be deemed the date of such notice and service thereof. VIII. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties. No alterations, modifications, or additions to this Agreement shall be binding unless reduced to writing and signed by the parties to be charged herewith. No covenant, term or addition to this Agreement shall be deemed waived by either party unless such waiver shall be reduced to writing and signed by the parties. p.3 ol'4 IX. AMENDMENTS. The terms and conditions of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. No oral modification shall be enforceable. X. SEVERABILITY. The provisions of this Agreement shall be deemed independent and severable, and the invalidity, partial invalidity, or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision herein. XI. EFFECTIVE DATE. This Agreement shall be effective after approval by the respective governing bodies. It is the intent that said Agreement shall be effective on the date stated in the first paragraph of this Agreement. XII. RE_C_ORDATION. This Agreement shall be filed with the Gallatin County Clerk and Recorder and Montana Secretary of State as required by Section 7-11-107, MCA. BOARD OF TRUSTEES CITY OF BOZEMAN BOZEMAN SCHOOL DISTRICT 7 By: Z By: _— It's Board Chair It's Mayor ATTEST: ATTEST- q LA— 6L , i�z) District Clerk Cit Cler Approved as to legal content: ag N Boz City Attorney p 4 ol'4