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06. Ordinance 1557 - Industrial Tax Increment District - Old School Station - 1st ReadingCity of Kalispell Charles A. Harball office of City .Attorney City Attorney 312 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 MEMORANDUM TO: mayor Pamela B. Kennedy and. Kalispell City Council FROM: Charles Harall, City Attorney James H. Patrick, City Manager Tel 406.758.7708 Fax 406.758,7771 charball@kalispell.com SUBJECT; ordinance No. 1557 Industrial Tax Increment District for Old School Station — First Reading MEETING DATE: Monday, November 7, 200 — Regular Meeting BACKGROUND: Council previously gave its Resolution of Intent to create an Industrial Tax Increment District for old school Station and a public hearing is being conducted this same evening. Discussion was held by Council and staff at a public wok session on November 1, 2005. The primary purpose of creating the Industrial Tax Increment District is to create additional incentive for new industry to locate within the City of Kalispell rather than elsewhere. The current tax base of old school Station is primarily unimproved agricultural land. 'taxes collected on this base will continue to be distributed between the local taxing entities, such as the county and schools. Any business that locates within the Industrial Tax Increment district that does not meet the statutory criteria of "industry"' will also pay the base rate, as well as increment (tax on the increased value), to the various local. taxing entities. The tax increment on those improved lots that do meet the statutory criteria of industry may be used to pay for the costs of public infrastructure that apply to those lots (assessments). RECOMMENDATION: That Counci.l consider and pass Ordinance No. 1557, approving the establishment of an Industrial Tax Increment District within old School station. FISCALEFFECTS: It is anticipated that the cost/benefit should favor the City. Respectfully submitted, Chaff ' { j,;;`'C1ty Attorney ��es H. Patrick pity Manager ORDINANCE NO. 1557 AN ORDINANCE ESTABLISHING AN INDUSTRIAL TAX INCREMENT DISTRICT TO ASSIST IN FINANCING NECESSARY INDUSTRIAL INFRASTRUCTURE 'RUCTURE TO ENCOURAGE THE ATTRACTION, GROWTH, AND RETENTION of SECONDARY VALUE -ADDING INDUSTRIES RIES o THE CITY of KA. ISPEL MON A A * PROVIDING FOR DEFINITION OF TERMS; ESTABLISHING THE COSTS WHICH MAY BE PAID BY THE INDUSTRIAL TAX INCREMENT DISTRICT TO BE GREATER BY THIS ORDINANCE; CAA' ING AND APPROVING THE OLD SCHOOL STATION INDUSTRIAL TAX INCREMENT DISTRICT of THE CITY of KA►. ISPEL , MONTANA AND ESTABLISHING THE BOUNDARIES of THE OLD SCHOOL STATION INDUSTRIAL TAX INCREMENTDISTRICT; ESTABLISHING A NUARY I., 2005 AS THE BASE TAXABLE YEAR FOR THE OLD SCHOOL STATION INDUSTRIAL TAX INCREMENT DISTRICT. WHEREAS, the City of Kalispell, Montana (the "'City") is defined as a "&municipality" under Montana Code Annotated, Section 7- 5- 2 3 as amended, for the purpose of creating an Industrial District pursuant to Montana Code Annotated, Sections 7-1 - 2 7 to 7- 5- 299, as amended, and being operated by the City pursuant to Montana Code Annotated, Sections 7-1 - 282 through 7-15-4293 and Montana Code Annotated, Title 7, Part 15, Chapter 3; an WHEREAS, pursuant to Montana Code Annotated, Sections 7-15-4282 through 7-15 99, as amended (the "Act"'), including Montana Code Annotated, Sections 7-15-4297 through 7-15-4299 as amended,the City Council (the "City Council") of the City may create an Industrial Tax Increment District as defined below) for the purpose of encouraging the attraction and retention of secondary, value -adding; industries to the City; and. WHEREAS, the City Council wishes to encourage the attraction and retention o secondary, value -adding industries to the City; and WHEREAS, secondary value -adding .industrial industries require expensive infrastructure improvements which are beyond the available resources of the City to provide; and WHEREAS, the City Council of the City has determined, after a public hearing required y the Act and receipt of public input, that there is a need for this ordinance to create the old School Station Industrial Tax Increment District of the City of Kalispell, Montana and the City Council wishes to enact this ordinance. at which public bearing all persons were given an opportunity to be heard. NOW THEREFORE, BE IT ORDAINED Y THE CITY COUNCIL of THE CITY of KA ISPEL , MON ANA, AS FOLLOWS: Section I Definitions. In this ordinance the following terns have the .meanings indicated below. (a) "'Act# means Montana Code Annotated', Section 7-1. -- 2 2 through -1 - 2, as amended. (b) "Actual Taxable value" means the taxable value of taxable property at any time, as calculated .from the assessment roll last equalized. (c) "Base Taxable value" means the actual taxable value of all taxable .property within an urban renewal area, Industrial District, technology district, or aerospace transportation and technology district prior to the effective date of a tax increment financing; provision. Base Taxable value may be adjusted as provided in Section -1 - 2 r 7-15-4293 of the Act. "Industrial District" means an Industrial Tax Increment District created pursuant to Section 7-15-4299 of the .Act. (d) "Incremental Taxable Value" nears the amount i f any, by which the Actual Taxable value at any time exceeds the Base Taxable value of all property within the Industrial Tax Increment District. (e) "'Industrial District" means a tax increment financing; industrial district such as the Industrial Tax Increment District, created pursuant to Section -15- 2 9 of the Act. (f) "Industrial Infrastructure Development Project 1)� means a project undertaken within or for an Industrial District that consists of any or all of the activities authorized by Section 7-15-4288 of the Act. (g) "Industrial Tax IncrementDistrict""' means the Old School Station Industrial Tax Increment District of the City of Kalispell, Montana designated as such by the City Council in accordance with the provisions of the .Act. (h) "'Infrastructure" means the acquisition, construction, and improvement of streets, roads., curbs, gutters, sidewalks, pedestrian malls, alleys, parking lots and offstreet parking facilities, sewers, sewer lines, sewage treatment facilities, storm sewers, waterlines, waterways, water treatment facilities, natural gas lines, electrical lines, telecommunication lines, rail lines, rail spurs, bridges, publicly owned buildings, any public improvements authorized by (i) parts 41 through 45 of Chapter 12, ii parts 42 and 43 of Chapter 13, and iii part 47 of Chapter 14 of the Montana Code Annotated, and items of personal property to be used in connection with improvements for which the foregoing costs may be incurred. (i) "Tax Increment" means the collections realized from extending the tax levies, expressed in mills, of all taxing bodies which the Industrial Tax Increment District or a part hereof is located, against the Incremental Taxable value. 0 ""Taxes" means all taxes levied by a taxing body against property on an ad valorem basis. 2 Section 2. Purpose. The purpose of this ordinance is to i create an Industrial Tax Increment District to be known as the Old School Station Industrial Tax Increment District of the City of .Kalispell, Montana, ii to encourage the growth and retention of secondary, value -adding industries in the City, and ii�) provide a financial mechanism for the installation and construction of infrastructure improvements for industrial development, Section 3. Findings, Determinations, and Declarations. Based on representations made by Montana venture Partners, ITC to City staff and the City Council and the work of City staff to date,, the City Council, by this ordinance, makes the findings, determinations, and declarations set forte in a through below. The City Council of the City of Kalispell, Montana hereby finds, determines, and declares that: (a) this ordinance and the formation of the Industrial Tax Increment District, as proposed, osed, will facilitate the development of the necessary Infrastructure to support industrial growth within the Industrial Tax Increment .strict; (b) the passage of this ordinance and the establishment of the Industrial Tax Increment District .fall within the economic goals adopted by the City Council and the adoption therefor is in the public interest; (c) the Industrial Tax Increment District consists of a continuous area with an accurately described boundary; (d) the Industrial Tax Increment District 1s zoned for light or heavy industrial use in accordance with the City's master planning documents; (e) the Industrial Tax Increment District does not include any property located within an ex sting urban renewal area district created pursuant to the Act; (f) the land in the Industrial Tax Increment District is currently deficient in Infrastructure improvements for industrial development; and (g) the purpose of the Industrial Tax Increment District is the development of Infrastructure to encourage the growth and retention of secondary, value -adding industries in the City. Section 4. Costs which may be aid by.. the Cit from Tax Increments. The Tax Increment received by the City from the from the Industrial Tax Increment District may be used to pay any costs or obligations incurred for an Industrial Infrastructure Development Project in the Industrial Tax Increment .restrict including those listed in (1) through below; The costs that may be paid with Tax Increments are: (1) land acquisition; (2) demolition and removal of structures; (3) relocation of occu.pan.ts; 3 (4) Infrastructure; (5) to prepare an industrial development plan; (6) to organize, coordinate, and direct the administration of this Ordinance, (7) to conduct appraisals, title searches, surveys, studies, and other preliminary plans and work necessary to prepare for the undertaking of Infrastructure Development Projects; (8) acquisition of infrastructure -deficient areas or portions thereof; (9) administrative costs associated with the management err ent f the Industrial Tax Increment District; (10) assemblage of lard for development or redevelopment by private enterprise or public agencies, including sale, initial leasing, or retention by the City at its fair value; (11) the compilation and analysis of pertinent information required to adequately determine the infrastructure needs of secondary, value-add.or industries in the Industrial Tax Increment District; (12)the connection of the Industrial Tax Increment District to existing infrastructure outside the Industrial Tax Increment District, (13)the provision of direct assistance to secondary, value -adding industries to assist in meeting their infrastructure and land needs within the Industrial Tax Increment District; (14)the Tax Increments received may be pledged, pursuant to Section-15-4290 of the Act, for the payment of the principal of, premiums., if any, and interest on revenue bonds issued for Industrial Infrastructure Development Projects, general obli at .on bonds, revenue bonds, or special assessment bonds issued to pay Industrial District costs described in Section -15-42 8 of the Act, including 1 the items listed in 1) through 13 above or ii any other costs otherwise authorized to be paid under the terms of the Act. Section 4. Boundaries. The boundaries of the Industrial Tax Increment District are (i) described in Exhibit A attached hereto and made a part hereof, and ii are shown on the map attached hereto as Exhibit B. Section. 5. Base Year. For the puirpose of calculating the Incremental 'taxable value each year for the life of the Industrial Tax Increment District, the Base Taxable value shall be calculated as the taxable value of all property within the district as of January 1, 2005. Section. 6, Term of the Industrial Tax Increment District. The Industrial Tax Increment District will terminate upon the later of; (a) the fifteenth 1 th year following the creation of the Industrial Tax Increment nt District; or (b) the payment or provision for payment in full or discharge of all bonds (including special assessment bonds) for which the Tax Increment has been pledged, and the interest thereon. After termination of the tax increment financing provision, all taxes shall be levied upon the actual taxable value of the taxable property in the Industrial Tax Increment District and shall be paid into the funds of the taxing bodies levying taxes within the Industrial Tax Increment District. Section 7. Effective Date. This ordinance shall be in full force and effect thirty (30) days after its final passage and adoption by the City Council of the City. Section 8. Conflict with other ordinances and Resolutions. All parts of ordinances and Resolutions in conflict with this ordinance are hereby repealed. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR of HE CITY of KALISPELL THIS DAY of � 2005. Pamela B. Kennedy Mayor ATTEST: ............. . Theresa While City Clerk EXHIBIT SHORT DESCRIPTION of THE PROPOSED INDUSTRIAL 'SAX INCREMENT DISTRICT The proposed ed Old School Station Industrial Tax Increment District of the City o Kalispell,, Montana is located just east of Highway 93 on Demersville Road approximately 1.9 miles south of Four Corners intersection and directly east of the Rooky Cliff Road intersection and is situated within that property that is legally described as that portion of Parcel A o Certificate of Surrey No. 1.6337 in the SW . of Section 33, Township 28 North, Range 21 west, P.M.l., Flathead County, Montana. The portion of the property dedicated to the industrial tax increment district is proposed to be Lots 11, 12, 13, 14, 15, 16, and 1.7 as shown i the drawing entitled "Old School Station"' and attached hereto and incorporated fully herein by this reference. 'these seven lots comprise a total of approximately 9.13 acres. (The remainder of this page is intentionally left dank.) 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