Title 3

 

REVENUE AND FINANCE

 

Chapters:

 

3.04   City Funds Disposition

3.08   Collection of Taxes

3.12   Payment of Warrants

3.16   Curb, Gutter, Sidewalk, Alley Approach, Storm Sewer, Public Park and Other Improvement Loan Fund Program

3.18   Sewer Connection Expense Relief Loan Program

3.19   Sewer Connection Expense Relief Loan Program‑­   Private Financing

3.20   Commercial Rehabilitation Loan Program

3.22   Missoula Quality Job and Labor Protection Ordinance

 

Chapter 3.04

 

CITY FUNDS DISPOSITION

 

Sections:

 

3.04.010  Generally.

 

3.04.010  Generally.

 

A. All fines, fees or other moneys received by any of the officers named in Chapters 2.02, 2.08 through 2.16, 2.32 or 2.36 in the discharge of their duties as such, shall be paid into the treasury for the credit of the city.

 

B.  Any officer, agent, servant or employee of the city, collecting any fee, license or commission in the performance of his duties as such officer, agent, servant or employee of the city, shall deliver such moneys to the city treasurer not later than the tenth day of the succeed­ing month after such collection has been made. Such moneys will be the property of the city. (Prior code §2‑21).

 

Chapter 3.08

 

COLLECTION OF TAXES

 

Sections:

 

3.08.010  County treasurer duties.

3.08.020  City treasurer duties.

3.08.030  Manner of collection.

3.08.040  Delinquency‑‑Penalty.

 

3.08.010 County treasurer duties. All taxes levied by the city upon all property within the city, and subject to assessment and taxation for municipal purposes, either real, personal or otherwise, shall be collected by the county treasurer as provided by the general laws of the state relating to the collection of city and town taxes by county treasurers. (Prior code §10‑5).

 

3.08.020 City treasurer duties. All special taxes and assessments levied by the city council to pay the cost and expense of a special improvement made in the city, or the cost and expense of the improvements in any special improvement district created by the council of the city for paving, parking, curbing, sidewalks or otherwise specially improving any street, alley or public way in the city, in which the cost and expense is chargeable to the particular property declared by the council to be benefited by such improvement, all special assessments levied to defray the cost and expense of constructing sewers, sidewalks or curbs, or removing garbage, and all taxes and assessments levied to pay the cost of maintaining any sprinkling, main­tenance or special lighting district, in the city, shall be paid to and collected by the city treasurer. (Prior code §10‑6) .

 

3.08.030 Manner of collection. Except as otherwise provided in this chapter, the city treasurer shall collect and enforce the collection of all taxes, general and spe­cial, and assessments levied by the council in the mode and manner prescribed by laws of the state and the ordinances of the city. (Prior code §10‑7).

 

3.08.040 Delinquency‑‑Penalty. On the thirtieth day of November of each year, at six p.m., all unpaid taxes, collectable by the city, which have been levied at least thirty days prior to that date, shall be delinquent, and thereafter the city treasurer shall add thereto for the use of the city, as penalty for such default and delinquency, such additional sum as may be authorized by the laws of the state; and all such delinquent taxes shall thereafter bear interest at the rate provided by the laws of the state until paid; however, whenever any tax, general or special, or special assessments or both thereof, shall become delin­quent, no tax sale shall be held by the city treasurer therefor, but the city treasurer shall, within ten days after the date the same becomes delinquent, certify all such delinquent taxes and assessments to the county trea­surer, which certificate shall contain the description of each lot or parcel of land on which any tax or assessment has become delinquent, the name and address of the person to whom assessed, the date when the same became delinquent, the amount of the delinquent tax or assessment, the penalty to be added thereto, and the total amount of such delin­quent tax or assessment with penalty added, and if any such special assessment is payable in installments, and any installment thereof has become delinquent, the amount of such delinquent installment shall be included in such certificate; provided further, however, that if the city council has by appropriate resolu­tion declared the whole of the assessment remaining unpaid to be delinquent, then the whole of such assessment remain­ing unpaid shall also be included in such certificate, and upon receipt of such certificate the county treasurer shall enter such delinquent tax and assessment in the proper de­linquent tax list and sell such property as provided by the laws of the state. (Prior code §10‑8)

 

Chapter 3.12

 

PAYMENT OF WARRANTS

 

Sections:

 

3.12.010  City treasurer duties.

 

3.12.010  City treasurer duties. Every fund in the hands of the city treasurer shall be paid out in the order in which the warrants are presented for payment, and in case there are no funds in the hands of the treasurer applicable for the payment of such warrants, the treasurer shall en­dorse on the same "not paid for want of funds" together with the date of such presentation, and enter the same in a book to be kept for that purpose, and thereafter such warrants shall bear interest at the rate of six an one‑half percent per year until after there are funds in the hands of the treasurer to pay the same. (Ord. 2032, 1979: prior code §2‑28)

 

Chapter 3.16

 

CURB, GUTTER, SIDEWALK, ALLEY APPROACH, STORM SEWER, PUBLIC PARK AND

OTHER IMPROVEMENTS LOAN FUND PROGRAM

Sections:

 

3.16.010  Created.

3.16.020  Repealed.

3.16.030  Program eligibility requirements.

3.16.040  Application‑‑Information requirement.

3.16.050  Repealed.

3.16.060  Security agreement requirement.

3.16.070  Property lien‑‑Upon nonpayment.

3.16.080       Property lien‑‑Upon determination of ineligibility.

3.16.090  Interest rate.

3.16.100  Curb and gutter loan fund created.

3.16.110  Administration of loan fund program.

 

3.16.010  Loan Program Created.  There is created a loan program to provide low income property own­ers and property owners who incur financial hardship (as defined below in Section 3.16.030.B) with temporary relief from the cost of curb, gutter, sidewalk, alley approach, storm sewer, public parks and other improvements within a Special Improvement District created by the city council or ordered installed by the city council. (Ord. 3394 §1, 2009; Ord. 3344, 2007; Ord. 3318, 2006; Ord. 3190, 2001; Ord. 2665 §1, 1989; Ord. 2008 §1, 1979).

 

3.16.020       Repealed (Ord. 3190, 2001; Ord. 2008 §2, 1979)

 

3.16.030  Program eligibility requirements. In order to be eligible for this program, the real property upon which the improvements are installed must be residential (including mobile homes); and be owner-occupied. In addition, the owner or owners of the property must meet one of the follow­ing criteria:

 

A.  To be eligible as a low income property owner, as stated in 3.16.010, the total household annual income from all sources must fall below eighty percent (80%) of the Federal HUD Median Household Income for the Missoula, Montana, Metropolitan Statistical Area for the most recent fiscal year published, and will be based upon the total number of household members, with the income from all household members included in the total household annual income. The entire cost of the improvements is eligible for this program.

B.  To be eligible as property owners who incur financial hardship, as stated in 3.16.010, the total principal assessment to be financed for improvements within the right-of-way must exceed $6,000.  Only the portion of the costs exceeding $6,000 is eligible for this program. (Ord. 3394 §2, 2009; Ord. 3344, 2007; Ord. 3318, 2006; Ord. 3190, 2001; Ord. 2438, 1985; Ord. 2008 §3, 1979).

 

3.16.040  Application—Information requirement. Any person or persons eligible to apply for this loan program must submit an application to the City Finance Officer.  .  For application under Section 3.16.030.A, applicants must also furnish the city, on forms provided by the finance officer, the following information:

 

A.  Total income from all sources;

 

B.  Retirement or disability benefits (if applicable);

 

C.  A copy of the applicant's most recent Federal Income Tax Return;

 

D.  A statement to the fact that he, she or they are the sole owners and occupants of the property upon which relief is sought;

 

E.  An affidavit stating that he, she or they meet the criteria set forth in Section 3.16.030. (Ord. 3394 §3, 2009; Ord. 3344, 2007; Ord. 3318, 2006; Ord. 3190, 2001; Ord. 2008 §4,. 1979) .

 

3.16.050       Repealed (Ord. 3190, 2001; Ord. 2008 §5, 1979)

 

3.16.060      Security agreement requirement. Upon final determination of eligibility the applicant must execute a secured agreement to be filed of record that the loan plus any accrued interest will be paid in full on the occurrence of one of the following events:

 

A.   The death of the owner provided the spouse is un­able to qualify under the provisions of the ordinance;

 

B.   Sale or any other disposition of property;

 

C.   If the property, for any reason, should lose its owner-occupied status;

 

D.  If, for any reason, the city council shall deter­mine that there would be no hardship to require immediate full or partial payment. (Ord. 3344, 2007; Ord. 3190, 2001; Ord. 2008 §6, 1979).

 

3.16.070       Property lien—Upon nonpayment. If after the occurrence of one of the events set forth in Section 3.16.060, the loan and any accrued interest remains unpaid for a period of more than thirty days after the city has made proper notification, the city may reinstate the total amount due as a special assessment lien against the property. (Ord. 3344, 2007; Ord. 3190, 2001; Ord. 2008 §7, 1979).

 

3.16.080       Property lien—Upon determination of ineligibility.  If, for any reason, the city council determines that a participant becomes ineligible during the term of the loan, the loan and any accrued interest will be considered due and payable. If not paid within thirty days of proper notice, the city may reinstate the total amount due as a special assessment lien against such property.  The term and interest rate for the special assessment shall be determined by the City Finance Officer based upon the curb and sidewalk municipal bond interest rates. (Ord. 3394 §4, 2009; Ord. 3344, 2007; Ord. 3318, 2006; Ord. 3190, 2001; Ord. 2008 §8, 1979).

 

3.16.090       Interest rate.  The interest rate charged will be determined annually by calculating the City of Missoula’s average interest earnings rate from the preceding fiscal year’s audited financial statements.  The annual calculation will be determined by the Finance Director.

(Ord. 3490, 2013; Ord. 3344, 2007; Ord. 3190, 2001; Ord. 2008 §9, 1979).

 

3.16.100       Curb, gutter, sidewalk, alley approach, and storm sewer and public parks and other improvements loan fund created. There is created a curb, gutter, sidewalk, alley approach, and storm sewer and public parks and other improvements loan fund from which loans for the purposes of this ordinance shall be made. Upon execution of the necessary loan agreements, the loan proceeds shall be disbursed to the contractor on behalf of the property owner. The city council shall order moneys to be transferred from the general fund to the loan fund as nec­essary. All proceeds from loan repayments and accrued interest shall be deposited in the loan fund. At any time the council determines that there is more money in the loan fund than is necessary to carry out the intent of this chapter the excess shall be returned to the general fund as repayment of the advance. It is intended that the loan fund will eventually be supported by interest earnings. (Ord. 3344, 2007; Ord. 3190, 2001; Ord. 2008 §10, 1979).

 

3.16.110       Administration of loan fund program. The finance officer shall be responsible for administering this program, including approval and collection of loans. Accounting and reporting procedures for the program shall be the same as for any other city funds. (Ord. 3344, 2007; Ord. 3190, 2001; Ord. 2008 §11, 1979) .

 

Chapter 3.18

 

SEWER CONNECTION AND GREASE INTERCEPTOR EXPENSE RELIEF LOAN PROGRAM

 

Sections:

 

3.18.010  Created‑‑Purpose.

3.18.020  Administration and accounting

3.18.030  Applicability.

3.18.040  Eligibility‑‑Criteria for sewer connection expense relief loan program.

3.18.045  Eligibility –Criteria for grease interceptor expense relief loan program

3.18.050  Application requirements—sewer connection expense relief loan program

3.18.055  Application requirements—grease interceptor expense relief loan program

3.18.060  Repayment agreement—conditions for the sewer connection expense relief loan program

3.18.065  Repayment agreement—conditions for the grease interceptor expense relief loan program

3.18.070  Repayment agreement--Installments for the sewer connection expense relief loan program

3.18.075  Repayment agreement—Installments for the grease interceptor expense relief loan program

3.18.080  Delinquent payments‑‑Property tax lien.

3.18.090  Ineligibility during term of loan‑‑Repayment.

3.18.100  Interest rates.

3.18.110  Sewer connection/grease interceptor loan fund.

 

3.18.010  Created‑‑Purpose.  There are hereby created the following two loan programs to provide temporary relief from the cost of sanitary sewer connection for certain low income property owners and to assist certain commercial property owners who desire or are being required to install an external grease interceptor as part of a retrofit/remodel of an existing building for a food service establishment:

  1. Sewer Connection Expense Relief Loan Program
  2. Grease Interceptor Expense Relief Loan Program

(Ord. 3458 §1, 2011; Ord. 3191, 2001; Ord. 2433 §1, 1985)

 

3.18.020  Administration and accounting.  The city finance officer shall be responsible for administering these loan programs, including approval and collection of loans.  Accounting and reporting procedures for the programs shall be the same as for any other city funds.  (Ord. 3458 §2, 2011; Ord. 3191, 2001; Ord. 2433 §11, 1985) .

 

3.18.030  Applicability. The loan programs established by this chapter apply to:

  1. Those improvements which connect an owner-occupied residence to the municipal sanitary sewer system (Sewer Connection Expense Relief Loan Program); or
  2. Installation of an external grease interceptor for a commercial business retrofit/remodel. (Grease Interceptor Expense Relief Loan Program.) 

(Ord. 3458 §3, 2011; Ord. 3191, 2001; Ord. 2433 §2, 1985).

 

3.18.040  Eligibility—Criteria for Sewer Connection Expense Relief Loan Program.

In order to be eligible for this program, the real property upon which the connection is installed must be residential (including mobile home), owner-occupied, and must not exceed fifty thousand square feet .  In addition, the owner or owners of the property must meet the following income criteria:

 

The total household annual income from all sources must fall below eighty percent (80%) of the Federal HUD Median Household Income for the Missoula, Montana, Metropolitan Statistical Area for the most recent fiscal year published, and will be based upon the total number of household members, with the income from all household members included in the total household annual income. (Ord. 3458 §4, 2011; Ord. 3191, 2001; Ord. 2842 §1, 1993; Ord. 2689, 1989; Ord. 2433 §3, 1985).

 

3.18.045  Eligibility – Criteria for Grease Interceptor Expense Relief Loan Program

Only real property owners desiring or being required to install an external grease interceptor for a food service establishment in an existing building retro-fit/remodel are eligible for this loan program.  (Ord. 3458 §5, 2011)

 

3.18.050  Application requirements—Sewer Connection Expense Relief Program

Any person or persons eligible to apply for this loan program must furnish the city, on forms providing by the finance officer, the following information:

A.    Total income from all sources;

B.    Retirement or disability benefits;

C.    A copy of the applicant’s most recent federal income tax return;

D.    A statement to the fact that he, she or they are the sole owner and occupant of the property upon which relief is sought

E.    An affidavit stating that he, she or they meet the criteria set forth in Section 3.18.040.

(Ord. 3458 §6, 2011; Ord. 3191, 2001; Ord. 2433 §4, 1985).

 

3.18.055  Application requirements—Grease Interceptor Expense Relief Loan Program

Any person(s) eligible to apply for this loan program must furnish the city, the following information:

A.    The cost of the purchasing and installation of the external grease interceptor and appurtenances shall be submitted to the City Engineer as a written quote from a licensed and bonded excavation contractor who will be completing the construction work.  The entire cost of the interceptor and appurtenances will be eligible up to an amount not to exceed $20,000 per occurrence.

B.    A statement to the fact, that he, she or they are the sole owner of the property upon which relief is sought.

C.    An affidavit stating that he, she or they meet the criteria set forth in Section 3.18.045.

      (Ord. 3458 §7, 2011)

 

3.18.060  Repayment agreement—Conditions for the Sewer Connection Expense Relief Program

Upon final determination of eligibility, the applicant must execute a secured agreement, to be filed of record, that the loan plus any accrued interest will be paid in full on the occurrence of one of the following events:

A.    The death of the owner, provided that the spouse is unable to qualify under the provisions of this chapter;

B.    Sale or any other disposition of the property;

C.    If the property, for any reason, should lose its owner-occupied status;

D.    If, for any reason the city council shall determine that there would be no financial hardship, to require the immediate full or partial payment.

 (Ord. 3458 §8, 2011; Ord. 3191, 2001; Ord. 2433 §5, 1985).

 

3.18.065  Repayment agreement – Conditions for the Grease Interceptor Expense Relief Loan Program

Upon final determination of eligibility, the applicant must execute a secured agreement to be filed of record, that the loan plus any accrued interest will be paid in full on the sale, transfer of ownership or any other disposition of property or if for any reason the city council shall determine that there would be no financial hardship, to require the immediate full or partial payment. (Ord. 3458 §9, 2011)

 

3.18.070  Repayment agreement—Installments for the Sewer Connection Expense Relief Program

If the applicant so desires, the cost of the sewer connection can be repaid to the loan fund over a period of eight years.  One-sixteenth of the cost of the connection, together with the interest thereon, shall become due and payable semi-annually.  These equal semiannual installments shall be due and payable on November 30th and May 31st of each year.  In addition to the required sewer development fee, the property owner shall pay a twenty-five dollar administrative cost fee per sewer connection to the city to initiate and administer this agreement.  The administrative fee is to be paid to the city general fund. (Ord. 3458 §10, 2011; Ord. 3191, 2001; Ord. 2534 §6, 1987; Ord. 2433 §6, 1985).

 

3.18.075  Repayment agreement –Installments for the Grease Interceptor Expense Relief Loan Program

The cost of the loan for the installing of an external grease interceptor will be repaid to the loan fund over a period of eight years.  One-sixteenth of the cost of the loan, together with the interest thereon, shall become due and payable semi-annually.  These equal semiannual installments shall be due and payable on November 30th and May 31st of each year.  In addition to the loan amount, the property owner shall pay a twenty-five dollar administrative cost fee to the city to initiate and administer this agreement.  The administrative fee is to be paid to the city general fund. (Ord. 3458 §11, 2011)

 

3.18.080  Delinquent payments‑‑Property tax lien. If after the occurrence of one of the events set forth in Section 3.18.060 or Section 3.18.065, the loan and any accrued interest remains unpaid for a period of more than thirty days after the city has made proper notification, the city may reinstate the total amount due as a tax lien against such property in accordance with Section 7-13-4309, MCA. (Ord. 3458 §12, 2011; Ord. 3191, 2001; Ord. 2433 §7, 1985).

 

3.18.090  Ineligibility during term of loan‑‑Repay­ment.   If for any reason the city council determines that a participant becomes ineligible during the term of the loan, the loan and any accrued interest will be considered due and payable.  If not paid within thirty days of proper notice, the city may reinstate the total amount due as a tax lien against such property in accordance with Section 7-13-4309, MCA.  (Ord. 3458 §13, 2011; Ord. 3191, 2001; Ord. 2433 §8, 1985).

 

3.18.100  Interest rates.   Interest will be charged on the unpaid loan balance at the rate assessed to property owners for the curb, gutter, sidewalk, alley approach, and storm sewer improvement loan fund program as determined by the most recent bond issue sold.  Interest will not be charged or accrued on sewer development fees if the borrower options the payment schedule in Section 3.18.070.  If for any reason the borrower does not meet optional payment schedule, interest shall be charged and accrued on the total outstanding balance including sewer development fees.  Payments made will first be applied to interest, second to fees and lastly to outstanding principal balances. (Ord. 3458 §14, 2011;Ord. 3191, 2001; Ord. 2534 §9, 1987; Ord. 2433 §9, 1985).

 

3.18.110  Sewer connection/grease interceptor loan fund

There is hereby created a sewer connection loan fund from which loans for the purposes of this chapter shall be made.  The portion of the fund used to finance the installation of grease interceptors is limited to $60,000 per fiscal year.  Upon execution of the necessary loan agreements, the loan proceeds shall be disbursed to the   licensed/bonded excavation contractor on behalf of the property owner.  The city council shall order moneys to be transferred from the sewer R and D fund to the loan fund, as necessary.  All proceeds from loan repayments and accrued interest shall be deposited in the loan fund.  At any time the council determines that there is more money in the loan fund than is necessary to carry out the intent of this chapter, the excess shall be returned to the sewer R and D fund as repayment of the advance. (Ord. 3458 §15, 2011;Ord. 3191, 2001; Ord. 2433 §10, 1985).

 

Chapter 3.19

 

SEWER CONNECTION EXPENSE RELIEF LOAN

PROGRAM‑‑PRIVATE FINANCING

 

Sections:

 

3.19.010  Purpose.

3.19.020  Administration and accounting.

3.19.030  Applicability.

3.19.040  Eligibility‑‑Criteria.

3.19.050  Application requirements.

3.19.060  Delinquent payments‑‑Property tax lien.

3.19.070  Interest rates.

3.19.080  Sewer connection loan fund.

 

3.19.010  Purpose. Inasmuch as Section 7‑1‑4124 (9) Montana Code Annotated empowers municipalities to make grants and loans of money, property and services for public purposes, in order to enhance the public purpose of securing and promoting the general public health and welfare found in Section 7‑1‑4123 (3) MCA and for the public purpose and benefit of protecting the Missoula sole source water aquifer from contamination and pollution from sewer septic tanks, there is created a loan program to provide residential property owners with private financing for the cost of sewer connection and to provide a method for the city to purchase delinquent loans from financial institutions that provide the private financing for the cost of sewer connections. (Ord. 3192, 2001; Ord. 2912 §1(part), 1994).

 

3.19.020 Administration and accounting. The city finance officer shall be responsible for administering this program, including acceptance and processing of delinquent loans. Accounting and reporting procedures for the program shall be the same as for any other city funds.  (Ord. 3192, 2001; Ord. 2912 §1(part), 1994).

 

3.19.030 Applicability. The loan program established by this chapter applies to only those improvements which connect a residential property to the municipal sanitary sewer system. This program is limited to financing those improvements from the residential building to the sanitary sewer main, which may include a STEP tank and piping, but does not include costs associated with the sanitary sewer main. (Ord. 3192, 2001; Ord. 2912 §1 (part), 1994).

 

3.19.040  Eligibility‑‑Criteria. In order to be eli­gible for this program, the real property upon which the connection is installed must be residential (including mobile homes or manufactured houses). (Ord. 3192, 2001; Ord. 2912 §1(part), 1994).

 

3.19.050 Application requirements. Any person or persons eligible to apply for this loan program must fur­nish the following information:

 

A.  All information required on forms provided by the financial institution of the person's choice;

 

B.  All information required on the city's eligibility form including a statement to the fact that he, she or they are the sole owner(s) of the property upon which relief is sought. (Ord. 3192, 2001; Ord. 2912 §1(part), 1994).

 

3.19.060  Delinquent payments‑‑Property tax lien. If after the occurrence of sixty or more days of delinquency in loan payments to the private financial institution of the person's choice, the financial institution, by agree­ment, may sell the delinquent loan to the city of Missoula for the outstanding principal balance plus accrued inter­est. The city finance officer shall then bill the property owner over an eight‑year period for the principal amount plus accrued interest in the same manner that other sewer con­nection loans are billed. Pursuant to Section 7‑13‑4309 MCA, the city clerk shall give notice to the property own­ers that their promissory note for sewer service is in arrears and will be billed over an eight‑year period for the principal amount plus accrued interest and that any delinquencies of these payments shall cause the delinquent amount due plus interest to be placed as a tax lien against such property and in accordance with Section 7‑13‑4309, MCA. (Ord. 3192, 2001; Ord. 2912 §1(part), 1994).

 

3.19.070  Interest rate. Interest will be charged on the unpaid delinquent loan balance at the rate assessed to property owners for the curb, gutter, sidewalk, alley approach and storm sewer improvement loan fund program as determined by the most recent bond issue sold. Payments made will first be applied to interest and then to the outstanding principal balances. (Ord. 3192, 2001; Ord. 2912 §1(part), 1994).

 

3.19.080  Sewer connection loan fund. Loan purchases from private financial institutions for the purposes of this chapter shall be made from the sewer connection loan fund previously established. Upon receipt of a delinquent sewer connection promissory note, with cover letter from the private financial institution requesting payment in full of a loan that is more than sixty days delinquent, the finance officer shall initiate payment in full to the private financial institution and recording of the promis­sory note as a lien on the property. The city council shall order moneys to be transferred from the sewer R and D fund to the loan fund, as necessary. All proceeds from loan repayments and accrued interest shall be deposited in the loan fund. At any time the council determines that there is more money in the loan fund than is necessary to carry out the intent of this chapter, the excess shall be returned to the sewer R and D fund as repayment of the advance. (Ord. 3192, 2001; Ord. 2912 §1(part), 1994).

 

Chapter 3.20

 

COMMERCIAL REHABILITATION LOAN PROGRAM

 

Sections:

 

3.20.010  Purpose.

3.20.020  Objectives.

3.20.030  Financing.

3.20.040  Eligibility.

3.20.050  Eligibility activities.

3.20.060  Program administration.

 

3.20.010  Purpose. It is the intention of the City of Missoula to establish a Commercial Rehabilitation Loan Program (CRLP) to redevelop and rehabilitate the blighted areas within the area described in Resolution Number 5210 through the encouragement of private enterprise, and to authorize the Missoula Redevelopment Agency to undertake program implementation and administration subject to the provisions contained herein. (Ord. 2951, 1995; Ord. 2547 §1, 1987; Ord. 2491 §1, 1986; Ord. 2461 §1, 1985; Ord. 2453 §1, 1985; Ord. 2309 §1, 1983).

 

3.20.020  Objectives.  The primary objective of the commercial rehabilitation loan program is to improve public health, safety and general welfare through the elimination of blight associated with commercial property within the urban renewal area. This objective will be accomplished by providing affordable financing as an incentive to private property owners to upgrade commercial structures through facade improvements or in conjunction with job creating economic development projects. Additional program objectives are to:

 

A.  Leverage private investment through public incentives;

 

B.  Stimulate the community's tax base through private investment in income‑producing properties; and

 

C.  Encourage economic and business development within the urban renewal district by requiring that applicants for job creating economic development projects meet minimum standards for employment practices, including paying their eligible employees a minimum level of compensation as described in Chapter 3.22.040, and adherence to fair labor practices as described in Chapter 3.22.070.  (Ord. 3170, 2001; Ord. 2951, 1995; Ord. 2547 §2, 1987; Ord. 2491 §2, 1986; Ord. 2461 §2, 1985; Ord. 2453 §2, 1985; Ord. 2309 §2, 1983).

 

3.20.030  Financing. The Missoula redevelopment agency is authorized to use tax increment funds to subsidize market interest rates on commercial rehabilitation loans obtained by eligible applicants from participating lending institutions.  An interest subsidization of fifty percent of the market interest rate, but in no case exceeding seven percent, may be applied to principal amounts of up to fifty thousand dollars for loans used for facade improvement projects with a maximum repayment period of ten years. Interest subsidization on economic development project loans may be applied to principal amounts of up to one hundred thousand dollars according to procedures and formulas established by the Missoula redevelopment agency. The city council reserves the right to increase the eligible principal amounts or adjust the rate of the interest subsidy for individual projects upon the recommendation of the Missoula redevelopment agency. This subsidization shall be in accordance with the provisions of the commercial rehabilitation loan program participation agreement  The provisions of the participation agreement relating to job creating economic development programs shall be in conformance with Chapter 3.22 Missoula Municipal Code entitled " Missoula Quality Job and Labor Protection Ordinance."  (Ord. 3170, 2001; Ord. 2951, 1995; Ord. 2547 §3, 1987; Ord. 2491 §3, 1986; Ord. 2461 §3, 1985; Ord. 2453 §3, 1985; Ord. 2309 §3, 1983).

 

3.20.040  Eligibility.

 

Applicants must comply with program requirements as established by the Missoula Redevelopment Agency.  Requirements shall include but are not limited to the following:

 

A.  All commercial property currently or to be assessed local property taxes within the urban renewal area described in Resolution Number 5210 will be eligible with the exception of public buildings and lending institutions;

 

B.  Eligibility is extended to property owners of record and or tenants with a leasehold interest equal to the term of the loan upon written approval of the property owner;

 

C.  The property, at the time of the application for the loan, must currently be in commercial use or there must exist a legally binding commitment of a commercial enterprise to occupy the structure after rehabilitation is complete; and

 

D. Special improvement district and property tax assessments must be paid to date.

 

In addition to MRA eligibility requirements, the applicant must qualify for commercial rehabilitation loan approval as required by participating lending institutions.  (Ord. 2951, 1995; Ord. 2547 §4, 1987; Ord. 2491 54, 1986; Ord. 2465 §4, 1985; Ord. 2453 §4, 1985; Ord. 2309 §4, 1983).

 

3.20.050  Eligibility activities. The Commercial Rehabilitation Loan Program is designed to address the need for redevelopment and rehabilitation of commercial property.  All construction must be undertaken with a design that has been reviewed and approved by the Missoula Redevelopment Agency to insure compliance with program objectives and must also be in compliance with all municipal ordinances and the urban renewal plan for the area described in Resolution Number 5210.  Eligible activities shall be specified by the Missoula Redevelopment Agency and will include but are not limited to the following:

 

A.  Improvements to the building's exterior elements including but not limited to roofs, windows, doors, appurtenances and architectural features, signs attached to the building, awnings, painting and other exterior wall treatments, and upgrading exterior electrical connections.

 

B.  Exterior improvements for the handicapped including but not limited to ramps, doors, kickplates, automatic door openers, walks, guardrails, non-slip materials and level platforms at doors.

 

C.  Improvements which bring the structure into compliance with applicable local building and fire codes, including and especially the installation of exterior emergency exiting.

 

D. Architectural assistance and design fees are an eligible expense, but may not exceed five percent (5%) of the program eligible loan principal or $500, whichever is less.  In addition, permit fees are an eligible expense up to one percent (l%) of the program eligible loan principal.

 

E.  The following activities are ineligible for funding through the Commercial Rehabilitation Loan Program:

 

          1.  New construction or additions;

2.  Refinancing existing debt;

          3.  Site improvements including landscaping, fencing, sidewalks, curbs and gutters;

          4.  Utility connections; except exterior electrical connections;

          5.  Property acquisition;

          6.  Structural elements;

          7.  Abrasive cleaning of exterior surfaces;

          8.  Work initiated prior to necessary program approvals.

 

F.  This section is not intended to preclude a participating lender from making additional loans or loan amounts to an applicant for financing the activities enumerated in Section 5(4), but such loans or loan amounts shall not be entitled to the interest subsidy.  (Ord. 2951, 1995; Ord. 2547 §5, 1987; Ord. 2491 §5, 1986; Ord. 2465 §5,     1985; Ord. 2453 §5, 1985; Ord. 2309 55, 1983) .

 

3.20.060  Program administration. The Missoula Redevelopment Agency is authorized to develop procedures, application materials, and program guidelines necessary to implement and administer this ordinance and to enter into all contracts necessary to accomplish the purpose of this ordinance.  (Ord. 2951, 1995; Ord. 2547 §6, 1987; Ord. 2491 §6, 1986; Ord. 2465 §6, 1985; Ord. 2453 §6, 1985; Ord. 2309 §6, 1983).

 

Chapter 3.22

 

MISSOULA QUALITY JOB AND LABOR PROTECTION ORDINANCE

 

 

Sections:

 

3.22.010  Title and purpose

3.22.020  Definitions

3.22.030  Financial Assistance

3.22.040  Employee Compensation

3.22.050  Proof of Wages and Benefits

3.22.060  Collective Bargaining Exemption

3.22.070  Relations with Employees

3.22.080  Variance of Eligible Employees

 

3.22.010  Title and purpose.  This ordinance shall be known as the "Missoula Quality Job and Labor Protection Ordinance."  The purpose of this ordinance is to prescribe that businesses receiving financial assistance from the City for job creation and economic development as described in Section 3.22.030 must meet minimum standards for employment practices, including paying their eligible employees a minimum level of compensation as described in Section 3.22.040, and adherence to fair labor practices as described in Section 3.22.070. (Ord. 3169, 2001)

 

3.22.020  Definitions.

 

A.  "City" means the City of Missoula and all its agencies, departments and offices.

 

B.    "Applicant" is any person or business seeking financial assistance from the City.

 

C.  "Eligible employee" means any person, who will be employed for at least 20 hours per week and, 1) whose work is performed in the City of Missoula, or 2) who resides in the Missoula area and works under supervision that is performed in the City of Missoula. Business owners, immediate family members and grandchildren are specifically exempted from this definition unless when otherwise prohibited in State or Federal Law.

 

D. “Health benefit” means a policy, contract, certificate, or agreement entered into, offered, or issued by a health carrier or self-insurer to provide, deliver or arrange for, pay for or reimburse any of the costs of health-care services.  (Section 33-1-801 (4) MCA) (Ord. 3169, 2001)

 

3.22.030  Financial Assistance.  "Financial assistance" means support from any of the following programs when the purpose of the support is economic development and job creation:

 

A.  property tax incentives

 

B.  industrial revenue bonds

 

C.  Missoula Redevelopment Agency tax increment financing from the Economic Development section of the Commercial Rehabilitation Loan Program

 

D. Economic Development Activities of Community Development Block Grants

 

E.  Program income funds (Ord. 3169, 2001)

 

3.22.040  Employee compensation.  The Applicant requesting financial assistance of the City shall upon receiving financial assistance pay eligible employees a wage of at least the minimum starting salary for full time employees of the City of Missoula and offer health benefits. For each subsequent year, the required wage shall be adjusted annually on January 1 proportionately to the change in the Consumer price Index, Class B and C, for the Western Region.  (Ord. 3169, 2001)

 

3.22.050  Proof of Wages and Benefits

 

A.  Successful applicants for financial assistance as defined herein shall execute an Agreement with the City providing payment of wages described in the Section 3.22.040 to eligible employees.  Proof of wages shall be proven through the same method the City of Missoula uses for determining state prevailing wage accountability.

 

B.  Evidence proving failure to pay eligible employees in accordance with this ordinance will constitute a breach in the agreement described in 5 (A) above and entitles the City to immediate and full repayment of any financial assistance provided to the Applicant or other remedies acceptable to the City.  The City may grant a delay if the City Council makes a finding of mitigating circumstances.

 

C.  The Applicant shall be required to show proof of wages for eligible employees for the period that the assistance is being provided or 5 years, whichever is longer. (Ord. 3169, 2001)

 

3.22.060  Collective Bargaining Exemption.  All of the provisions of this ordinance, or any part hereof, may be waived in a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in such an agreement in clear and unambiguous terms. (Ord. 3169, 2001)

 

3.22.070  Relations with Employees.  Successful Applicants shall pledge to be in compliance with the Federal Fair Labor Standards Act.  (Ord. 3169, 2001)

 

3.22.080  Variance of Eligible Employees.  An Applicant shall be granted a variance from Section 3.22.040 if it meets any of the following condition:

 

A.  Applicant submits a plan to comply with Section 3.22.040 for 90%of eligible employees upon receiving City financial assistance, for 95% of eligible employees after one year and all eligible employees after two years of receiving the assistance.

 

B.  The City Council determines, after hearing an appeal and making a finding of public benefit, that the Applicant should be granted a variance or conditional variance. (Ord. 3169, 2001)