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Home My WebLink AboutC1 Res of Intent TIFID Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Kukulski, City Manager SUBJECT: Resolution of Intent to Establish a Tax Increment Financing Industrial District MEETING DATE: October 30, 2006 BACKGROUND: One of the adopted High Priority Goals in December, 2004, was to create a tax increment financing industrial district, commonly known as Mandeville Farm. In 1989, the Montana legislature authorized cities with urban renewal plans and districts to use tax increment funding for industrial districts pursuant to Section 7-15- 4297. An industrial district may use tax increment financing pursuant to the provisions of 7-15-4282 through 7-15-4293. The purpose of the district is to provide infrastructure to encourage the growth of and retention of secondary value-adding industry. It is the intent of the City of Bozeman to create a tax increment financing industrial district in the area commonly known as Mandeville Farm comprised of property owned by both City of Bozeman and the state of Montana. RECOMMENDATION: Approve Commission Resolution 3973, intention to create a tax increment financing industrial district. FISCAL EFFECTS: None ALTERNATIVES: As suggested by Commission Respectfully submitted, ____________________________________ Chris A. Kukulski, City Manager COMMISSION RESOLUTION NO. 3973 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLAIRING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A TAX INCREMENT FINANCING INDUSTRIAL DISTRICT IN THE AREA COMMONLY KNOWN AS MANDEVILLE FARM. WHEREAS, Montana Code 7-15-4298 states that; (1) infrastructure-deficient areas exist in the municipalities of the state and constitute a serious impediment to the development of infrastructure-intensive, secondary, value-adding economic development in Montana; (2) municipalities lack sufficient capital to rectify the infrastructure shortage in infrastructure- deficient areas, thus impeding the ability of municipalities to achieve economic growth through the development of secondary, value-adding industries; (3) the creation of industrial infrastructure is a matter of state policy and state concern because the state and its municipalities will continue to suffer economic dislocation due to the lack of secondary, value-adding industries; and (4) the state's tax increment financing laws should be used to encourage the creation of areas in which needed industrial infrastructure for secondary, value-adding industries could be developed.; and WHEREAS, Montana Code 7-15-4299 states that; A local governing body, by ordinance and following a public hearing, may authorize the creation of an industrial district for industrial infrastructure development projects if the proposed industrial district; and WHEREAS, on November 4, 1991 the City of Bozeman passed Ordinance 1336 ESTABLISHING A TAX INCREMENT FINANCING INDUSTRIAL DISTRICT PROGRAM TO ASSIST IN FINANCING NECESSARY INDUSTRIAL INFRASTRUCTURE TO ENCOURAGE THE ATTRACTION, GROWTH, AND RETENTION OF SECONDARY VALUE ADDING INDUSTRIES; and WHEREAS, The City of Bozeman wishes to encourage growth in the Mandeville Farm area; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, as follows: Section 1. Intention to Create Tax Increment Financing Industrial District; It is the intention of this Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter 15, Part 42, a Tax Increment Financing Industrial District to promote growth in the Mandeville Farm area. Section 2. Boundaries of District; The limits and boundaries of the District are depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 3. Public Hearing; The regular meeting of the City Commission of the City of Bozeman to be held in the Community Room of the Gallatin County Courthouse, on the 13th day of November 2006, at 6:00 p.m., and the same is hereby designated as the time and place at which public comment on the Tax Increment Financing Industrial District will be received. Section 4. Notice; That the Clerk of the Commission of the City of Bozeman, is hereby ordered and directed to publish in the Bozeman Daily Chronicle, a daily newspaper printed and published in said City of Bozeman, a Notice signed by the City Clerk, as provided in Section 7-1- 4127, Montana Code Annotated. The Clerk is further directed to mail a notice of the hearing, not less than ten days prior to the date of the hearing, to the persons whose names appear on the County Treasurer’s tax roll as the owners or purchasers under contracts for deed of the property, at the address shown on the tax roll. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 30th day of October, 2006. ______________________________________ JEFFREY K. KRAUSS, Mayor ATTEST: _____________________________________ BRIT FONTENOT City Clerk APPROVED AS TO FORM: ___________________________________ PAUL LUWE City Attorney CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 3968, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLAIRING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A TAX INCREMENT FINANCING INDUSTRIAL DISTRICT IN THE AREA COMMONLY KNOWN AS MANDEVILLE FARM.” (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on October 30, 2006, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: ______; voted against the same: ____; abstained from voting thereon: _____; or were absent: ____. WITNESS my hand officially this 1st day of November, 2006. ___________________________________ Brit Fontenot City Clerk NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE A TAX INCREMENT FINANCING INDUSTRIAL DISTRICT IN THE AREA COMMONLY KNOWN AS MANDEVILLE FARM NOTICE IS HEREBY GIVEN that on October 30, 2006, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLAIRING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A TAX INCREMENT FINANCING INDUSTRIAL DISTRICT IN THE AREA COMMONLY KNOWN AS MANDEVILLE FARM. A complete copy of the Resolution of Intention (the “Resolution”) is on file with the City Clerk On Monday, November 13, 2006, at 6:00 p.m., in the Community Room of the Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana, the City Commission will conduct a public hearing and pass upon all written protests against the creation of the District. Written protests against the creation of the District may be filed by an agent, person, firm or corporation owning real property within the proposed District. Such protests must be delivered to the City Clerk at the Municipal Building, 411 East Main Street, Bozeman, Montana not later than 5:00 p.m., M.T., on Monday, November 13, 2006. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at the Municipal Building, 411 East Main Street, Bozeman, Montana or by telephone at (406) 582-2320. Dated: November 1, 2006 BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA _________________________________________ Brit Fontenot City Clerk Legal Ad Publication Dates: Sunday, November 5, 2006 & Sunday, November 12, 2006 State of Montana P.O. Box 201601 Helena, MT 59620 City of Bozeman P.O. Box 1230 Bozeman, MT 59771-1230