Loading...
1. Ordinance 1557 - Industrial Tax Increment District - Old School Station - 2nd ReadingCity of Kalispell Charlesrail Office of City Attorney City Attorney 312 First Avenue East P.O. Box 1997 Kalispell, M -1997 MEMORANDUM TO# Mayor Pamela B. Kennedy and Kalispell City Council FROM: Charles Ha ball, City Attorney James H. Patrick, City Manager Tel 406.758,7708 Fax .'.7771 charball@kalispell.com SUBJECT: Ordinance No. 1557 Industrial Tax Increment District for Old school Station — Second Reading MEETING DATE: E: Monday, November 21, 2005 — Regular Meeting BACKGROUND: Council issued its Resolution of Intent to create an Industrial Tax IncrementDistrict for old school station and a public hearing was conducted on November 7, 2005. ordinance No. 1557 was considered by Council and passed on first reading that same meeting. The primary purpose of creating the Industrial Tax ncreme District is to create additional incentive for new industries o 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 e . i. i.es, such as the counter and schools. Any business that locates within the IndustrIal Tax Increment district that does not meet the statutory criteria o "secondary value added 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 o industry may be used to pay for the costs of public infrastructure that apply to those lots(assessments). RECOMMENDATION: That Council consider and pass Ordinance No. 1557 o second rea l.in , establishing an Industrial Tax Increment District within old school Station. FISCAL EFFECTS is antleipated that the costfbenefit should favor the City. Re sp e ct ful.l.,%� sub ..'R ­4 Char esLffar4411, City Attorney James H. Patrick, City Manager ORDINANCE N. 1557 AN ORDINANCE ESTABLISHING AN INDUSTRIAL TAX INCREMENT DISTRICT TO ASSIST IN FINANCING NECESSARY INDUSTRIAL INFRASTRUCTURE TO ENCOURAGE THE ATTRACTION', GROWTH, AND RETENTION of SECONDARY VA UE,AI I I G INDUSTRIES TO THE CITE" OF KALISPELL,, M N'A1A; PROVIDING FOR DEFINITION OF TERMS; ESTABLISHING THE COSTS WHICH MAY BE PAID BY THE INDUSTRIAL TAX INCREMENT DISTRICT TO BE CREATED BY THIS ORDINANCE; CREATING AND APPROVING THE OLD SCHOOL STATION INDUSTRLkL TAX INCREMENT DISTRICT'" OF THE CITY OF KA ISPELL, M N ANA; AND ESTABLISHING THE BOUNDARIES of THE OLD SCHOOL STATION INDUSTRIAL 'SAX INCREMENT'` DISTRICT; ESTABLISHING . AN ARY 1, 2005 AS THE BASE TAXABLE YEAR FOR THE OLD SCHOOL STATION INDUSTRIAL TAX INCREMENT ' IST RIOT, WHEREAS., the City of Kalispell, Montana (the "`City" is defined as a " uiei allty"" under Montana Code Annotated, Section 7- . -42 3, as amended, for the purpose of creating a Industrial .district pursuant to Montana Code Annotated, Sections --1. -4297 to 7-.1.5-4299, as amended, and being operated by the City pursuant to Montana Code Annotated, Sections -I- 42 2 through 7- -4 93 and Montana Code Annotated, Title 7, Part 15, Chapter 43; and "WHEREAS, pursuant to Montana Code Annotated, Sections 7- 5 -42 2 through 7- I 4299, as amended (the ""Act"'), including Montana Code Annotated, Section -1 -4297 through 7-1.5-4299,, 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 of 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 by the .Act and receipt of public input, that there is a need for this Ordinance to create the Cold 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 BY THE CITY COUNCIL OF THE CITY of KALISPELL, MONTANA, AS FOLLOWS: Section L Definitions. In this ordinance the following terms have the meanings indicated below. (a) "Act" means Montana Code Annotated, Section 7-15-4282 through -15- 299, as amended. .ded. (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 Vale" 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 or -5-2 3 of the Act. "Industrial District"' means an Industrial Tax Increment District created pursuant to Section 7--1.5- 299 of the Act. (d) "Incremental Taxable Value"" means the amount, if any, by which the Actual Tagal le Value at any time exceeds the Base 'taxable Value of all property within the Industrial Tax Increment District. (e) "Industrial istriet"" means a tax increment nand industrial district such as the Industrial Tax Increment District, created pursuant to Section 7-15 -4 299 o the Act. (f) "'Industrial Infrastructure Development :project"' 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. (9) ":Industrial Tax Increment District" 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 .dot. (h) "In rastrueture" means the acquisition, construction, and improvement o streets, roads, curbs, gutters, sidewalk, pedestrian malls, alleys, parking lots and offstreet parking facilities, suers, serer lines, sewage treatment facilities, storm sewers., waterlines, waterways, grater 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 " `ax Increment" means the collections realized from extending the tam levies, expressed in mills, of all taxing bodies which the Industrial Tax Increment t District or a part thereof is located, against the Incremental Taxable Value. 0 "Tax&" means all taxes levied by a taxing body against property on an ad valorem. basis. 2 Section 2. I u ose. The purpose of this Ordinance is to 1 create an Industrial Tax Increment District to be known as the Old School Station Industrial Tax Increment .District of the City of Kalispell, Montana, H 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. .t. Section 3. Findings, I eterrninat ons 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 forth 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, will facilitate the development of the -necessary Infrastructure to support industrial growth within. the Industrial Tax Increment District; (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 a accurately described boundary; (d) the Industrial Tax Increment District is zoned for light or heavy industrial use in accordance with the Cit ' s master planning documents; (e) the Industrial Tax Increment District does not include any property located within are existing urban renewal area district created pursuant to the Act; (f) the lard 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 paid....by the City 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 District) 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 occupants; 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 of the Industrial Tax Increment District; (10) assemblage of lard for development or redevelopment t 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 reeds of secondary, value -adding 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 lard needs within the Industrial Tax Increment District; (14) the 'fax Increments received may be pledged, pursuant to Section -15- 290 of the Act, for the payment of the principal of, premium, if any, and interest oil revenue bonds issued for fiadustrial Infrastructure Development Projects, general ob.igation bonds, revenue bonds, or special assessment bonds issued to pay Industrial District costs described in Section 7-15-4288 of the Act,, including i the items listed in . through. 13 above or 11 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 (1) 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 purpose 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 (15 1h year following the creation of the Industrial Tax Increment 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 e paid into the funds of the taxing bodies levying taxes within the Industrial Tax Increment strict. 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 Y THE MAYOR of THE CITY of KALISPELL THIS 21ST DAY of NOVEMB R, Zoo . ATTEST: - .................... -- ..... Theresa White City Clerk Pamela a . Kennedy Mayor 5 EXHIBIT A SHORT DESCRIPTION of THE PROPOSED INDUSTRIAL TAX INCREMENT SRC The proposed old School Station Industrial Tax Increment District of the City of Kalispell, Montana is located Just east of Highway 93 on Demersvi le Road approximately 1. .files south of Four Corners intersection and directly east of the Rocky Cliff Road intersection and is situated withlil that property that is legally described as that portion of Parcel. A of Certificate of Survey No. 16337 in the SW 1 4 of Section 33, Township 28 North, Range 21 Nest, P.M.M., Flathead County, Montana. The portion of the property dedicated to the industrial tax increment district is proposed to be Lots 11, 121 13, 14, 15, 16, and 17 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 rernainder of this page is intentionally left blank.) EXHIBIT MAP OF THE PROPOSED INDUSTRIAL TAX INCREMENT DISTRICT OLD SCHOOL S',N t nahwd um t g WTI 10 iKSNOW Da ► a4'.a'.FL�lir3v� y _Technology P Tax Tax #A$AcmL Ae }� h ' ,f �+wa�+�Mkrurrr�e•r. .ri....� #R - ..