The purpose of this article is to: (a) create an industrial tax increment district to be known as the Old School Station industrial tax district of the City of Kalispell, Montana, (b) to encourage the growth and retention of secondary, value adding industries in the City, and (c) provide a financial mechanism for the installation and construction of infrastructure improvements for industrial development.
(Ord. 1557, 11-21-2005)
In this article the following terms have the meanings indicated below:
Act.
Montana Code Annotated, Sections 7-15-4282 through 7-15-4299, as amended.
Actual taxable value.
The taxable value of taxable property at any time, as calculated from the assessment roll last equalized.
Base taxable value.
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 the tax increment financing provision. Base taxable value may be adjusted as provided in Section 7-15-4287 or 7-15-4293 of the Act. "Industrial district" means an industrial tax increment district created pursuant to Section 7-15-4299 of the Act.
Incremental taxable value.
The amount, if any, by which the actual taxable value at any time exceeds the base taxable value of all property within the industrial tax increment district.
Industrial district.
A tax increment financing industrial district such as the industrial tax increment district, created pursuant to Section 7-15-4299 of the Act.
Industrial infrastructure development project.
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.
Industrial tax increment district.
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.
Infrastructure.
The acquisition, construction, and improvement of streets, roads, curbs, gutters, sidewalks, pedestrian malls, alleys, parking lots and off-street parking facilities, sewers, sewer lines, sewage treatment facilities, storm sewers, water lines, waterways, water treatment facilities, natural gas lines, electrical lines, telecommunication lines, rail lines, rail spurs, bridges, publicly owned buildings, any public improvements authorized by: (a) Parts 41 through 45 of Chapter 12, (b) Parts 42 and 43 of Chapter 13, and (c) 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.
Tax increment.
The collections realized from extending the tax levies, expressed in mills, of all taxing bodies which the industrial tax increment district or a part thereof is located, against the incremental taxable value.
Taxes.
All taxes levied by a taxing body against property on an ad valorem basis.
(Ord. 1557, 11-21-2005)
Based on representations 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 article, makes the findings, determinations, and declarations set forth in subsections A through G of this section.
The City Council of the City of Kalispell, Montana, hereby finds, determines, and declares that:
A. 
This article 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 article 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 is 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 existing 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.
(Ord. 1557, 11-21-2005)
The tax increment received by the City 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 subsections A through N of this section.
The costs that may be paid with tax increments are:
A. 
Land acquisition;
B. 
Demolition and removal of structures;
C. 
Relocation of occupants;
D. 
Infrastructure;
E. 
To prepare an industrial development plan;
F. 
To organize, coordinate, and direct the administration of this article;
G. 
To conduct appraisals, title searches, surveys, studies, and other preliminary plans and work necessary to prepare for the undertaking of infrastructure development projects;
H. 
Acquisition of infrastructure deficient areas or portions thereof;
I. 
Administrative costs associated with the management of the industrial tax increment district;
J. 
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;
K. 
The compilation and analysis of pertinent information required to adequately determine the infrastructure needs of secondary, value adding industries in the industrial tax increment district;
L. 
The connection of the industrial tax increment district to existing infrastructure outside the industrial tax increment district;
M. 
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;
N. 
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 industrial district costs described in Section 7-15-4288 of the Act, including: (1) the items listed in subsections A through M of this section or (2) any other costs otherwise authorized to be paid under the terms of the Act.
(Ord. 1557, 11-21-2005)
The boundaries of the industrial tax increment district are described and shown on the map below.
A. 
Short Description of the Proposed Industrial Tax Increment District: The proposed Old School Station Industrial 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 Corners 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 industrial tax increment district is proposed to be Lots 11, 12, 13, 14, 15, 16, and 17 as shown in 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.
B. 
Map of the Proposed Industrial Tax Increment District:
(Ord. 1557, 11-21-2005)
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.
(Ord. 1557, 11-21-2005)
The industrial tax increment district will terminate upon the later of:
A. 
The fifteenth 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 be paid into the funds of the taxing bodies levying taxes within the industrial tax increment district.
(Ord. 1557, 11-21-2005)