The purpose of this article is to: (a) create a technology tax increment district to be known as the Old School Station technology tax increment district of the City of Kalispell, Montana, (b) to encourage the location and retention of technology development projects in the State of Montana and the City, and (c) 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.
(Ord. 1558, 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, 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 7-15-4287 or 7-15-4293 of the Act. "Technology district" means a technology tax increment district created pursuant to Section 7-15-4295 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 technology tax increment district.
Industrial infrastructure development project.
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.
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 technology 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.
Technology district.
A tax increment financing technology district such as the technology tax increment district, created pursuant to Section 7-15-4295 of the Act.
Technology tax increment district.
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 article.
(Ord. 1558, 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 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 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 50% of its sales to other Montana companies that have 50% of their sales occurring outside of the State of Montana;
B. 
This article and the formation of the technology tax increment 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 this article 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 multiple independent tenants;
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
I. 
The technology tax increment district is not designed to serve the needs of a single district tenant or group of nonindependent tenants.
(Ord. 1558, 11-21-2005)
The tax increment received by the City 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 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 technology 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 technology tax increment district;
L. 
The connection of the technology tax increment district to existing infrastructure outside the technology 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 technology 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 technology 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. 1558, 11-21-2005)
The boundaries of the technology tax increment district are described in subsection A of this section and shown on the map in subsection B of this section.
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 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 technology tax increment district is proposed to be Lots 2, 3, 4, 5, 6, 7, 8, 9, and 10 as shown in the drawing entitled "Old School Station." These nine lots comprise a total of approximately 27.77 acres.
B. 
Map of the Proposed Technology Tax Increment District:
(Ord. 1558, 11-21-2005)
For the purpose of calculating the incremental taxable value each year for the life of the 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.
(Ord. 1558, 11-21-2005)
The technology tax increment district will terminate upon the later of:
A. 
The fifteenth 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.
(Ord. 1558, 11-21-2005)