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Tab 46 Ordinance No. 1558CERTIFICATE AS TO ORDINANCE ADOPTING VOTE 1, the undersigned, being the duly qualified and acting recording officer of the City of Kalispell, Montana (the "City"), hereby certify that the attached ordinance is a true copy of Ordinance 1558 entitled: "AN ORDINANCE ESTABLISHING A TECHNOLOGY TAX INCREMENT DISTRICT TO ASSIST IN FINANCING NECESSARY INFRASTRUCTURE TO ENCOURAGE THE LOCATION AND RETENTION OF TECHNOLOGY DEVELOPMENT PROJECTS IN THE STATE OF MONTANA AND THE CITY OF KALISPELL, MONTANA; PROVIDING FOR DEFINITION OF TERMS; ESTABLISHING THE COSTS WHICH MAY BE PAID BY THE TECHNOLOGY TAX INCREMENT DISTRICT TO BE CREATED BY THIS ORDINANCE; CREATING AND APPROVING THE OLD SCHOOL STATION TECHNOLOGY TAX INCREMENT DISTRICT OF THE CITY OF KALISPELL, MONTANA; AND ESTABLISHING THE BOUNDARIES OF THE OLD SCHOOL STATION TECHNOLOGY TAX INCREMENT DISTRICT; ESTABLISHING JANUARY 1,, 2005 AS THE BASE TAXABLE YEAR FOR THE OLD SCHOOL STATION TECHNOLOGY TAX INCREMENT DISTRICT." (the "Ordinance"), on file in the original records of the City in my legal custody; that the Ordinance was duly adopted by the City Council of the City at a regular meeting on November 21, 2005, and that the meeting was duly held by the City Council and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Ordinance has not as of the date hereof been amended or repealed.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 0 Council Members voted in favor thereof: Jim Atkinson, Karl Gabriel, Bob Herron.., Randy Kenyon, im and..Mayor Pamela B. Kennedy-- voted against the same: Bob Kluesner, Duane Larson, Hank Olson, Hafferman - abstained from vot*ng thereon: None 31 1 _; or were absent: None_. WITNESS my hand and seal officially this 21st day of November, 2005. T heresa White City Clerk ORDINANCE 1558 AN ORDINANCE ESTABLISHING A TECHNOLOGY TAX INCREMENT DISTRICT TO ASSIST IN FINANCING NECESSARY INFRASTRUC RE TO ENCOURAGE "I"HE LOCATION AND RETENTION OF TECHNOLOGY DEVELOPMENT PROJECTS IN THE STATE OF. MONTANA AND THE CI OF KALISPELL, MONTANA& PROVIDING FOR DEFINITION OF TERMSO ESTABLISHING THE COSTS WHICH MAY BE PAID BY THE CHNOLOGY TAX INCREMENT DISTRICT TO BE CREATED BY THIS ORDINANCE; CREATING AND APPROVING THE OLD SCHOOL STATION TECHNOLOGY TAX INCREMENT DISTRICT OF THE CITY OF KALISPELL, MONTANA; AND ESTABLISHING THE BOUNDARIES OF THE OLD SCHOOL STATION TECHNOLOGY TAX INCREMENT DISTRICT* ESTABLISHING JANUARY 1, 2005 AS THE BASE TAXABLE YEAR FOR THE OLD SCHOOL STATION TECHNOLOGY TAX INCREMENT DISTRICT. WHEREAS, the City of Kalispell, Montana (the "City") is defined as a "municipality" under Montana Code Annotated, Section 7-15-4283, as amended, for the purpose of creating a Technology District pursu . ant to Montana Code Annotated, Section 7-15-4295, as amended, and being operated by the City pursuant to Montana Code Annotated, Sections 7-15-4282 through 7- 15-4293 and Montana Code Annotated, Title 7, Part 15, Chapter 43; and WHEREAS, pursuant to Montana Code Annotated, Sections 7-15-4282 through 7-15- 42991, as amended (the "Acf'), including Montana Code Annotated, Section 7-15-4295, as amended, the City Council (the "City Council") of the City may create a Technology 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 location and retention of technology development projects in the State of Montana and the City; and WHEREAS, the development of businesses or organizations engaged in technology - based operations requires expensive infrastructure i*mprovements 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, found that there is a need for this Ordinance to create the Old School Station Technology Tax Increment District of the City of Kalispell, Montana and the City Council wishes to enact this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS .- Section 1. Definitions. In this ordinance the following terms have the meanings indicated below. (a) "Act" means Montana Code Annotated, Section 7-15-4282 through 7-15- 4299, 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, Technology District, Technology District, or aerospace transportation and technology district prior to the effective date of a tax 0 * increment financing provision. Base Taxable Value may be adjusted as provided in Section 7-15-4287 or 7-15-4293 of the Act. "Technology District" means a Technology Tax Increment District created pursuant to Section 7-15-4299 of the Act. (d) "Incremental Taxable Value" means the amount, 'if any, by which the Actual Taxable Value at any time exceeds the Base Taxable Value of all property within the Technology Tax Increment District. (e) "Industrial Infrastructure Development Project"" means a project undertaken within or for a Technology District that consists of any or all of the activities authorized by Section 7-15-4288 of the Act. (f) "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. (g) "Tax Increment" means the collections realized from extending the tax levies, expressed in mills, of all taxing bodies which the Technology Tax Increment District or a part thereof is located, against the Incremental Taxable Value. (h) "Taxes" means all taxes levied by a taxing body against property on an ad valorem basis. (1) "Technology District" means a tax increment financing Technology District such as the Technology Tax Increment District, crated pursuant to Section 7-15- 4295 of the Act. 0) "Technology Tax Increment District" means the Old School Station Technology Tax Increment District of the City of Kalispell, Montana designated as such by the City Council in accordance with the provisions of the Act and this Ordinance. Section 2. Pulpose. The purpose of this Ordinance is to (i) create a Technology Tax' Increment District to be known as the Old School Station Technology Tax Increment District of the City of Kalispell, Montana, (ii) to encourage the location and retention of technology 0) 0 development projects in the State of Montana and the City, and (iii) provide a financial mechanism for the installation and construction of infrastructure improvements for the location and retention of technology development projects in the State of Montana and the City. Section 3. Findins I s, and Declarations. Based on representations Determ*nation made by Montana Venture Partners, LLC 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 (i) below. The City Council of the City of Kalispell, Montana hereby finds, determines, and declares that: (a) the Technology Tax Increment District is intended to provide assistance to businesses or organizations engaged in technology -based operations that through the employment of knowledge or labor add value to a product, process., or export service that results 'in the creation of new wealth and for which at least fifty percent (50%) of the sales of the business or organization occur outside of the State of Montana or the business or organization is a manufacturing company with at least fifty percent (50%) of its sales to other Montana companies that have fifty percent (50%) of their sales occurring outside of the Stat of Montana; (b) this. Ordinance and the formation of the Technology Tax Increment District, as proposed, will facilitate the development of the necessary Infrastructure encourage the location and retention of technology development projects in the State of Montana and the City; (c) the passage of this Ordinance and the establishment. of the Technology Tax Increment District fall within the economic goals adopted by the City Council and the adoption therefor is 'in the public interest; (d) the Technology Tax Increment District, as proposed, consists of a continuous area with an accurately described boundary that is large enough to host a diversified tenant base of multi le independent tenants, IP 5� (e) the Technology Tax Increment District is zoned in accordance with the area growth policy, as defined 'in Montana Code Annotated, Section 76-1-103; (f) the Technology Tax Increment District does not include any property located within an existing urban renewal area district or industrial infrastructure development district created pursuant to the Act; (g) the land in the Technology Tax Increment District is currently deficient in Infrastructure improvements for technology development; (h) the Technology Tax Increment District is intended to host a diversified tenant base of multiple 'independent tenants; and 3 (i) the Technology Tax Increment District is not designed to serve the needs of a single district tenant or group of nonindependent tenants. Section 4. Costs which may be paid by the_City from Tax Increments. The Tax Increment received by the City from the from the Technology Tax Increment District may be used to pay any costs or obligations incurred for an Industrial Infrastructure Development Project (in the Technology Tax Increment District) including those listed in (1) through (14) below. The costs that may be paid with Tax Increments are: (1) land acquisition-, (2) demolition and removal of structures; (3) relocation. of occupants; (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 -defic ient areas or portions thereof; (9) administrative costs associated with the management of the Technology Tax Increment District; (10) assemblage of land 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 analysi's of pertinent information required to adequately determine the infrastructure needs of secondary, value -adding industries in the Technology Tax Increment District, (12) the connection of the Technology Tax Increment District to existing infrastructure outside the Technology 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 Technology Tax Increment District; (14) the Tax Increments received may be pledged, pursuant to Section 7-15-4290 of the Act, for the payment of the principal of, premium, 'if any, and interest on revenue bonds issued for Industrial Infrastructure Development Projects, general obligation bonds, revenue bonds, or special assessment bonds issued to pay Technology District costs described in Section 7-15-4288 of the Act, including (i) 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 Technology Tax Increment District are (i) described in. Exhibit A attached hereto and made a part hereof, and (H) 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 t he Technology Tax Increment District, the Base Taxable Value shall be calculated as the taxable value of all property within the Technology Tax Increment District as of January 1, 2005. Section 6. Term of the Technology Tax Increment District. The Technology Tax Increment District will terminate upon the later of: (a) the fifteenth (15 th) year following the creation of the Technology 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 Technology Tax Increment District and shall be paid into the funds of the taxing bodies levying taxes within the Technology 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 thi's Ordinance are hereby repealed. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 21ST DAY OF NOVEMBE& 2005. ATTEST: Theresa White City Clerk 6 K d amela y Mayor 5 EXHIBIT A SHORT DESCRIPTION OF THE PROPOSED TECHNOLOGY TAX INCREMENT DISTRICT The proposed Old School Station Technology Tax Increment District of the City of Kalispell, Montana is located just east of Highway 93 on Demersville Road approximately 1.9 miles south of Four Comers intersection and directly east of the Rocky Cliff Road intersection and is situated within 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 West, P.M.M., Flathead County, Montana. The portion of the property dedicated to the technology tax increment district is proposed to be Lots 2, 3, 4, 5, 67 71 8, 9, and 10 as shown 'n the drawing entitled "Old School Station" and attached hereto and 'incorporated fully herein by this reference. These nine lots comprise a total of approximately 27.77 acres. 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