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05. Resolution 4446 - Tax Increment PolicyRESOLUTION NO. 4446 A RESOLUTION ADOPTING AN APPLICATION PROCESS AND PROCEDURE FOR REVIEW FOR TAX INCREMENT ASSISTANCE AUTHORIZED BY ORDINANCE #933 ON REDEVELOPMENT PROJECTS IN THE CITY OF KALISPELL. WHEREAS, Title 7, Chapter 15, Parts 42 & 43, Montana Code Annotated authorized the City of Kalispell to develop a workable urban renewal plan to rehabilitate and eliminate blighted areas utilizing "tax increment finances" in partnership with private enterprise, and WHEREAS, the City Council of the City of Kalispell created the Kalispell Downtown Redevelopment Plan by Ordinance 4933 on September 10, 1979; the City Airport/Athletic Complex Redevelopment Plan by Ordinance 1242, on July 1, 1996; and the West Side Urban Renewal Plan by Ordinance No. 1259, on January 1, 1997, and WHEREAS, the City Council of the City of Kalispell recognize the benefits to be derived from working closely with private developers seeking to use tax increment funds, and WHEREAS, tax increment financing has been a successful financial vehicle in enhancing economic development opportunities both within and without the respective Redevelopment Plan areas, and WHEREAS, the City of Kalispell anticipates new projects from developers wanting to participate in the tax increment program, and WHEREAS, the City Council of the City of Kalispell previously adopted a Tax Increment Policy Manual which established a Procedure for Review of Proposals for Tax Increment Funds, described an Application Process, and contained the forms necessary to submit a Tax Increment Financing Application, and WHEREAS, the revised Tax Increment Policy Manual, as amended, shall provide the City with a means of implementing policy for a wider variety of potential recipients within the respective Redevelopment Plan areas. NOW THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF.KALISPELL AS FOLLOWS: SECTION I. That pursuant to the authority granted to the City of Kalispell by Title 7, Chapter 15, Part 42 & 43, Montana Code Annotated and as a means of implementing the tax increment assistance provisions applicable to all H:\attsect\wp\res\4446 tax increment policy.wpd Redevelopment Plan areas, the City Council adopts the Tax Increment Policy Manual, as amended, said Tax Increment Policy Manual attached hereto as Exhibit "A" and for purposes of this Resolution made a part hereof. SECTION II. This Resolution shall become effective immediately upon passage by the City Council and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR THIS DAY OF , 1999. Wm. E. Boharski Mayor Theresa White Clerk of Council H:\attsect\wp\res\4446 tax increment policy.wpd APPLICATION PROCESS TAX INCREMENT FINANCING I. INTRODUCTION The existence of blighted areas within the municipalities of Montana has been identified by the state legislature as a problem which requires government action. Enabling legislation has given local governing bodies the authority to establish urban renewal districts, utilize urban renewal powers, and implement urban renewal projects through the use of tax increment financing. Tax increment financing (TIF) is a significant element of the urban renewal law, allowing urban renewal programs to be financed locally without reliance on limited federal funds. The principal behind TIF is the ability of the local governments to use the increase in taxes within a specified district above an established base year for redevelopment projects. In 1979 Kalispell adopted an urban renewal plan and designated the central business district as a blighted area. Property taxes continue to be paid to all taxing jurisdictions on the basis of the 1979 taxable valuation. Any subsequent tax increases due to new development, inflation, or re- appraisals, however, are set aside for the City of Kalispell which, has been delegated the authority to undertake urban renewal efforts. After the expiration of urban renewal authority on 1987 or after retiring of all bonded indebtedness incurred for renewal activities, the base year restriction is eliminated and the local taxing jurisdictions obtain the additional tax revenues generated through redevelopment. _........................................................_..............................................................._.__.................................................................. ..................................... ... .:..... ...........................:.:..........................,:..:.....................:.::.::::. .,' ::::;' ':; .»>::>:::::.y�,.y);.y[�l,�}�.r: -: r�ty.' > `::>.. ...... ;.::it*''n;:/:M.{,:+.y.....';.y}�(-Y}-:<>::>:.:..:;. ;:<::j:_{+:::�1y:...1L.';::; .y:.::> <}"� .�.�.. .....,�1�4„!R ...: �:: Y.-P .. �w ::::: .::: . .. W. :\f!1... i.^...::: �!,'?!K ,T..:...... �I!:�!. �Y W :::'4f!.. ...::. TS;!! ..................................................................................................................................................................................................................................................... A. .................................................................f............................................................-- ................t..._._...................................... .. _......_......._........................ —................................................................... C+:17.. r.':;.;...; 54,h'::::;: i?:#':'::::: ..... +;+:: '. 'i�.''i.�,�':�.�4.' ';::: J.:.. r:;: 4...... .... h{.�n. sir:.✓h�?.�vi.}.4�.......4.. ... ..... .Y. rr1.�r.:{��T..��.:Y...... ...... !. _.bed P II. UTILIZATION OF FUNDS Tax increment financing is not an abatement program- for new development. Revenues obtained, however, may be utilized to encourage the implementation of public or private projects. Priority in funding assistance will be given to publicly owned utility improvements for a development vs. a request for on -site H:\attsect\wp\tifcom.wpd 1 utility improvements assistance in the form of a low interest loan. As specified in state law, the City of Kalispell may utilize TIF for the following activities: 1) Land acquisition; 2) Demolition and removal of structures; 3) Relocation of occupants 4) Public improvements; and 5) Costs incurred in the exercise of urban renewal powers, including urban renewal projects as authorized by Kalispell City Council, Ordinance 933. Loans and grants may be eligible under this provision. 6) Acquisition of infrastructure -deficient areas or portions thereof; 7) Administrative costs associated with the management of the industrial district; 8) Assemblage of land for development or redevelopment by private enterprise or public agencies, including sale, initial leasing, or retention by the municipality itself at its fair value; 9) The compilation and analysis of pertinent information required to adequately determine the infrastructure needs of secondary, value -adding industries in the industrial district; 10) The connection of the industrial district to existing infrastructure outside the industrial district; and 11) The provision of direct assistance to secondary, value - adding industries to assist in meeting their infrastructure and land needs within the industrial district. Costs to be paid with TIF monies may not be incurred by the applicant prior to the effective date of funding approval and the satisfaction of any conditions of such approval. Additionally, TIF assistance to a proposed project shall not exceed 10% of the entire project cost. The City Council will evaluate the "but for statement" of each project in determining that private investment is contingent on TIF, based on cash -on -cash return and internal rate of return. H:\attsect\wp\tifcom.wpd 2 ............ ..................... ...................... ................ .............................. . ......... .... . ......... .......... ................ . ... . ............. .................. ZOU ............ - ....... ... . .................. ........ .. . ..... .......... .... ... .................................... .... ........................ .............. . . .... . . .... ... .. V .. ................. ... ....... .. t. -.4 .................. .......... ........... ........ ....... ................ ....... .. - . ... ... ..................... t T ..... . ....... ..... ................ ............ t................. ......... .......... ............. M x III. APPLICATION PROCESS The City Council of the City of Kalispell has the. authority to assist developers in the implementation of redevelopment projects. The following procedure has been developed to process TIF funding requests. H:\attsect\wp\tifcom.wpd . -. -.�� .�r��• _�, -ram ,- �• ___ i W i _. ,. _. _�.__. _ . _..� • • • .' .W .. �� i . ,... �:. • �.y IV. APPLICATION REQUIREMENTS 1) Project Description - A description of the project, type of development and scope of work including: • Plans/schematics • Project schedule - proposed timetable for completion of project • Project feasibility - substantiate the market and economic feasibility of the project 2) Project Financing - A description of the financial arrangements of the project to include: • Source of funds - detailing terms and conditions. • Lender commitments - evidence of commitments of funds necessary for completing the project. • Cost breakdown - estimated cost of project • pro forma - projections of anticipated income, expenses, cash flow and depreciation for the first five years of the project. H:\attsect\wp\tifcom.wpd 4 3) Development Entity - A public disclosure of the development entity and other involved parties including information on qualifications and past experience. 4) Financial Disclosure - Ful_1 financial disclosure of development entity with evidence that the developer as both the financial and legal ability to complete the proposed project. As per adopted policy, this information will be kept confidential, subject to a challenge of this policy in a court of law. Provide a letter from financial source. 5) Necessity of TIF - A "but for statement" that private investment is contingent on TIF, based on cash -on -cash return and internal rate of return. 6) Leverage Ratio - Ratio of public to private investment. 7) Employment Generated - Best estimate of construction and permanent jobs to be generated by the project and a wage/salary scale for employment created. 8) Letters of Intent from tenants for lease project. 9) Tax Generation - The existing tax base of the property upon which TIF assistance is requested must be compared to the anticipated tax base resulting from the proposed project and must demonstrate that the increase in taxes generated by proposed project will cover TIF assistance over a period of ten years. V. CRITERIA FOR REVIEW The submission of an application for tax increment assistance begins the review process by City Council. Materials contained in the application provide information needed to assess the merits of the project in relation to the goals and objectives of the Urban Renewal Plan. This will allow the City Council to decide between competing projects or determine if a proposal has sufficient benefits to warrant assistance. H:\attsect\wp\tifcom.wpd 5 The City Council will evaluate: • Economic Stimulus • Employment Generation • Tax Generation • Elimination of Blight • Financial Assistance - Other forms of financing associated with the project including equity, lender participation, industrial development revenue bonds, and state or federal monies will be examined to assess the need for TIF assistance. • Developer Past Performance • Project Feasibility • Impact Analysis/Assessment - This is based on environmental impacts, design and dislocation associated with the project. • Special or Unique Opportunities - The extent to which the project represents a special or unique opportunity to meet local priority needs that are consistent with economic revitalization and urban redevelopment objectives. • Timely Completion • The amount of TIF assistance requested. H:\attsect\wp\tifcom.wpd 6