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Resolution 5071 - Resolution of Intent - Old School Station Technology Tax Increment DistrictRESOLUTION NO. 5071 RESOLUTION OF INTENT TO ESTABLISH .A TECHNOLOGY TAX INCREMENT" DISTRICT AT OLD SCHOOL STATION AND CALL FOR PUBLIC HEARING UNDER MON ANA CODE ANNOTATED TITLE 7., CHAPTER 1.5, PART 42, E IT RESOLVED y the City Council (the "'City Council') of the City of Kalispell, Montana (the "-'-City"').,, as follows: Section 1. Recitals. .................................... L0 . Subject to the satisfaction of certain requirements contained in the Act as defined below), , the City is authorized pursuant to Montana Code Annotated Title 7, Chapter 15, fart 42, a amended (the "Act"'), including Montana Code .A.nnotate , Section 7-15-4295, as amended, to pass are ordinance (the "Ordinance") establishing an Technology Tax Increment District to assist in financing necessary industrial infrastructure to encourage the location and retention of technology development projects in the State of Montana. 1,02. A proposal has been presented to the City by Montana venture Partners, LLC (the " eel pei") that the City establish an Technology Tax Increment District to be known as the "'Old School Station Technology Tax Increment District" for the purpose of assisting in financing necessary industrial infrastructure to encourage the location and retention of technology development projects in the city. Section 2. r m.� _ice .o. Based on representations made by the Developer to City staff and the City Council and the work of City staff to date, the City Council makes the preliminary findings, determinations, and declarations set forth in 2.02 a. through i below. The preliminary findings, determinations, and declarations of this City Council set forth in 2.02 a through i below r are subject to final findings, determinations, and declarations by this City Council after A. two readings of the proposed ordinance, and a public hearing (the ""Hearing"' n the proposed ordinance and District as set forth in Sections through 6 of this resolution. 2.02. The City Council of the City of Kalispell, Montana hereby .preliminarily, finds, determines, and declares that: (a) the 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 y with at least fifty percent o of its sales to other Montana companies that have fifty percent ohs of their sales occurring outside of the Stat of Montana; (b) the Ordinance and the formation of the District, as proposed, will facilitate the development of the necessary Infrastructure to encourage the location and retention of technology development projects in the State of Montana and the City; (c) the passage of the ordinance and the establishment of the District fall within the economic goals adopted by the City Council and the adoption therefor is in the public interest; (d) the District, as proposed, consists of a continuous area with an accurately described boundary that is large enough to host a diversified tenant base of multiple independent tenants; e the District is zoned in accordance with the area growth policy, as defined in Montana Code Annotated, Section -1-10 ; (f) the 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 lard in the District is currently deficient in infrastructure improvements for technology development; (b) the District is intended to host a diversified tenant base of multiple independent tenants; and (1) the District is not designed to serve the needs of a single district tenant or group of nonindepend nt tenants. Section 3. Preliminary Appro al. This City Council hereby gives preliminary approval to the adoption of the ordinance establishing the District, subject to .final approval following the Hearing, as more fully provided for in Sections 4 thro gb 6 of this Resolution. Section 4. Public Hearin Notice. e. The Act requires that prier to the adoption of the ordinance and establishment of the Distract under the aut.horit.y of the Act, this City Council shall give notice and hold a public hearing, such as the Hearing, on the proposed District. Pursuant to the Act, this City Council hereby calls for i the public Hearing on the District and the first reading on the ordinance to be held on November 7, 2005,on or after 7:00 p.m., and ii a second reading of the ordinance to be held on November 21, 2005, on or after :00 p.m. The .fearing and the readings of the ordinance shall be held in the City Council Chambers at City Hall. located at Avenue last Kalispell, Montana 01- Section 5. Form of Notice of public Hearing. The notice .he "Notice"' of the Hearing shall be published in substantially the form attached to this resolution as Exhibit A. Section 6. publication of Notice of .public Hearing. The City Clerk is hereby authorized to cause the Notice to be published in published in the Daley Inter Lak , a newspaper of general circulation in Flathead County, on October 25, 2005 and November 1, Zoo , all in accordance with the requirements o1 Montana law. ".1'.he publication of the Notice will be at least once a week for two consecutive weeks prior to the date set for the Hearing, the last such publication being seven days before the date of the Hearing. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR of THE CITY of KALIS . L, THIS 17TH DAY o 0CT0 E , 20R'5,, ATTEST 77 Theresa white City Clerk p'anea B. Ienned Mayor EXHIBIT FORM OF NOTICE OF PUBLIC HEADING NOTICE OF PUBLIC HEARING GIVING NOTICE OF A PUBLIC HEARING ON A PROPOSED ORDINANCE ESTABLISHING TECHNOLOGY 'SAX INCREMENT DISTRICT THEREFOR UNDER MONTANA CODE ANNOTATED TITLE 7, CHAPTER 15, PAST 42 CITY OF K.A, ISPL , M NTANA NOTICE IS HEREBY GIVEN that the City Council of the City of Kalispell, Montana (the "City"') will meet on November 7, 2005, on or after 7:0 o'clock p.m. In the Council Chambers at City .fall, 312 1" Avenue East, Kalispell, Montana, for the purpose of holding a public hearing to establish a Tax Increment Technology District known as the Old School Station Technology Tax Increment District (the "DI strict""), for the purpose of the development of infrastructure to encourage the location and retention of technology development projects In the State or Montana. The City 1s authorized by Title 7, Chapter 15, Fart 42, Montana Code Annotated (the "Act"), to pass an ordinance, following a public heaving, establishing the District to assist in financing necessary and strial infrastructure to encourage the location and retention of technology development projects in. the State or Montana. Copies of the proposed Ordinance including a description of the boundaries of the I istrico may be obtained from Theresa White, City Clerk, at City Hall, 312 1" Avenue East, Kalispell, Montana 59901 or by telephone a 0 758-7756 All persons interested may appear and be beard at said time and place or may file written notice with the County Clerk and Recorder prier to the date of the hearing set forth hereinabove. 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