Chapters:
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
Sections:
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).
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)
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)
CURB, GUTTER,
SIDEWALK, ALLEY APPROACH, STORM SEWER, PUBLIC PARK AND
OTHER IMPROVEMENTS
LOAN FUND PROGRAM
Sections:
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.
3.16.100 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) .
SEWER
CONNECTION AND GREASE INTERCEPTOR EXPENSE RELIEF LOAN PROGRAM
Sections:
3.18.020 Administration
and accounting
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.
3.18.110 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:
(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:
(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).
SEWER CONNECTION EXPENSE RELIEF LOAN
PROGRAM‑‑PRIVATE FINANCING
Sections:
3.19.020 Administration
and accounting.
3.19.040 Eligibility‑‑Criteria.
3.19.050 Application
requirements.
3.19.060 Delinquent
payments‑‑Property tax lien.
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).
Sections:
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).
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).
MISSOULA
QUALITY JOB AND LABOR PROTECTION ORDINANCE
Sections:
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)
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)