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I1. Res. 5954, Ord. 1833, TBID Re-establishment and Regulations.docClerk's Office 201 1st Avenue East PO Box 1997 Kalispell, MT 59903 ALISPELL Phone: 75&7756 cityclerkgkk@kalispell.com www.kalispell.com MEMORANDUM REPORT TO: Doug Russell, City Manager FROM: Aimee Brunckhorst, CMC, City Clerk & Communications Manager MEETING DATE: December 16, 2019 RE: Re-establishment and Regulations for the Kalispell Tourism Business Improvement District (TBID) BACKGROUND: The Kalispell Tourism Improvement District will statutorily expire at the end of this fiscal year June 30, 2020, pursuant to MCA V-12-1141. In anticipation of this expiration, owners of many of the properties subject to and benefitted by the District directed their executive director to circulate a petition to reestablish the District effective the next fiscal year. Owners of lodging facilities representing 97.45% of the area within the proposed district responded by submitting petitions to reestablish the tourism business improvement district. To establish a district pursuant to MCA §7-12-1111(4), property owners of at least 60% of the land area within the proposed boundaries must petition the City for the creation of the district. By statutory definition, the specific noncontiguous boundaries of a hotel business improvement district are all parcels, tracts, lots and blocks within the corporate limits of the City where a five or more room hotel is located and that provide overnight stays as a lodging facility for transient patrons as its business. Resolution 5947, a statement of intent by the City Council to consider the petitions to reestablish the tourism improvement district and call for a public hearing pursuant to the requirements of MCA §7-12-1112 passed unanimously November 4, 2019. A notice of the hearing was published and mailed to all lodging owners in the proposed district. The notice informed the hotel facility owners that they may file a protest with the City against the formation of the district and that the protest must be received within 15 days of the first publication and mailing per MCA § 7-12- 1113. As of December 11, 2019, no protests have been received. During the December 2, 2019, council meeting the Mayor opened the public hearing on the reestablishment of the Tourism Business Improvement District. One person provided public comment in favor of the re-establishment of the TBID. A resolution to establish the TBID for another ten year period beginning July 1, 2020 is now before Council for their consideration. If passed this will be followed by the first reading of an Ordinance establishing the regulations of the District. The regulations have not been significantly revised from those guiding the original TBID. RECOMMENDATION: Motion to approve Resolution 5954, a resolution creating a Tourism Business Improvement District pursuant to the terms of Title 7, Chapter 12, Part I I of Montana Code Annotated. AND IF Resolution 5954 passes: Motion to approve the first reading of Ordinance 1833, an ordinance establishing the regulations of the Kalispell Tourism Business Improvement District, authorizing the City Attorney to codify this Ordinance and declaring an effective date. ATTACHMENT: Resolution 5954 Notice Ordinance 1833 RESOLUTION NO. 5954 A RESOLUTION CREATING A TOURISM BUSINESS IMPROVEMENT DISTRICT PURSUANT TO THE TERMS OF TITLE 7, CHAPTER 12, PART 11 OF MONTANA CODE ANNOTATED. WHEREAS, pursuant to Title 7, Chapter 12, Part I of Montana Code Annotated, the City of Kalispell is authorized to create business improvement districts; and WHEREAS, the City of Kalispell was presented with petitions signed by the owners of more than 60% of the area of the property to be included in the district composed of noncontiguous areas that have the common purpose of providing overnight stays at lodging facilities which properties are shown on the attached Exhibit "A" and which by this reference is made a part hereof, and WHEREAS, the aforementioned petition requests that the City of Kalispell create a business improvement district for up to ten (10) years, pursuant to Section 7-12-1141 MCA; and WHEREAS, the purpose of said business improvement district appears to promote the health, safety, prosperity, security and general welfare of the inhabitants of the City of Kalispell and the proposed district, and appears to be of special benefit to the property within the boundaries of said proposed district; and WHEREAS, on November 4, 2019 the Kalispell City Council issued Resolution 5947 declaring its intent to create a business improvement district for the City of Kalispell, Montana, to fix a date of a public hearing for December 2, 2019, and to provide for publication of notice of said hearing; and WHEREAS, the City Clerk caused proper notice of passage of the resolution to be published as provided in MCA 7-1-2121 and by mailing a copy of the notice to every owner of real property within the proposed district listed on the last completed assessment roll for state, county, and school district taxes, at the owner's last -known address, on the same day the notice was first published or posted; and WHEREAS, upon proper notice having been given and upon the expiration of 15 days as required by MCA 7-12-1113, the office of City Clerk received no written protests, and there is therefore insufficient protest to bar proceedings as allowed by MCA 7-12-1114. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. That the Kalispell City Council shall create a business improvement district, effective July 1, 2020, pursuant to Title 7, Chapter 12, Part I I Montana Code Annotated, the term of which shall be ten (10) years and which shall be known as the "Kalispell Tourism Business Improvement District." SECTION 2. Said business improvement district shall be those properties identified on the attached Exhibit "A" which by this reference is made a part hereof as well as any future lodging facility located within the corporate limits of the City of Kalispell with five or more rooms providing overnight stays for transient patrons as its business. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 16TH DAY OF DECEMBER, 2019. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk EXHIBIT "A" Legal Description Kalispell Tourism Business Improvement District The boundaries of the District shall be all parcels, tracts, lots and blocks within the corporate limits of the City of Kalispell where a five or more room hotel is located and providing overnight stays as a lodging facility for transient patrons as its business. This description currently identifies all of the following lodging businesses located at the respective described street addresses and within the respective described legal parcel. Aero Inn, 1830 Highway 93 South Siri Hari LLC, 1130 E. Main St, Cut Bank, MT 59427 Assessor No. 0112600 Acres 1.47 Lot IA of the Resubdivision of Lot 1 of Block 1 of Airport Addition to Kalispell, Subdivision 73, in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana America's Best Value Inn, 1550 Highway 93 North SHRI Karishna, LLC, 1130 E. Main St., Cut Bank, MT 59427 Assessor No. 0976349 Acres 0.94 Resubdivision of Lot 1 of Hall Addition in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Blue & White Motel, 640 East Idaho Blue & White Motel, Inc., PO Box 249, Kalispell, 59903 Assessor No. 0084500 Acres 2.81 Tracts 30-18, 30-20B and 30-27 in the Northwest Quarter of the Southwest Quarter of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Econo Lodge Inn & Suites, 1680 Highway 93 South SHRI HARI LLC, 1130 E. Main St., Cut Bank, MT 59427 Acres 1.47 Assessor No. 0703050 Unit 1 of Diamond Lil's Condominiums in Section 17, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Assessor No. 0971720 Unit 3 of Diamond Lil's Condominiums in Section 17, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana (Johnson Properties LLC) Assessor No. 0277026 Unit 2 of Diamond Lil' s Condominiums in Section 17, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Fairbridge Inn & Suites, 1701 Highway 93 South RM119 LLC, PO Box 66, Harrison, ID 83833-0066 Assessor No. 0877530 Acres: 4.67 and 2.29 Lots 1, 2 and 3 of Ryker Addition to Kalispell Amended Lots 1-10 in Block 2 in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Glacier Ridge Suites, 281 1st Avenue WN Camren Center LLC, 281 1st Ave WN Assessor No. 0946500 Acres 0.16 Lots 19 and 20 in Block 6, Kalispell Original Townsite, in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Hampton Inn Kalispell, 1140 Highway 2 West Spring Creek Development, LLC, 12906 N. Addison St, Spokane, WA 99218 Assessor No. 0981479 Acres 4.78 Tract 1 of Certificate of Survey 15567 located in the Southeast Quarter of the Southeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Hilton Garden Inn, 1845 Highway 93 South Kalispell Hotel, LLC, Assessor No. 0586900 Acres 3.44 Tract 1 of Certificate of Survey No. 17045, a tract of land situated, lying, and being the North half of the Northwest Quarter of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Holiday Inn Express, 275 Treeline Road DNRC, Property Owner: Cal Clausen, Sterling Hospitality, 8923 E. Mission 4135, Spokane Valley, WA 99210 Assessor No. 0012481 and 0503466 Acres 3.45 Imp 1906 on Lot 1 of the Holiday Inn Express Subdivision in Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana Homewood Suites by Hilton, 195 Hutton Ranch Rd Buffalo Ventures II LLC, 17 Lockwood Dr., Ste, 400, Charleston, SC 29401 Assessor No. 0501948 Acres 3.21 Lot 6 of Hutton Ranch Plaza Phase 1 Subdivision in the Northwest quarter and Southwest quarter of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana Kalispell Grand Hotel, 100 Main Street CM Clark, PO Box 986, Kalispell, 59903 Assessor No. 0020900 Acres 0.16 Lots 1 and 2 of Kalispell Original Townsite in Section 18, Township 28 North, Range 21 West, P.M.M. Flathead County, Montana Marriott Springhill Suites, 250 Old Reserve Drive DNRC, Property Owner: Mike Johnson, 2900 Harrison Ave, Butte, MT 59701 Assessor No. 0014871 Acres 2.304 That portion of the south one-half (S 1/2), Section 36, Township 29 North, Range 22 West, P.M.M, Flathead County, Montana, more particularly described as follows: Commencing at the center 1/4 corner of said Section 36; thence along the East-West mid -section line of said Section 36, S89°58'06" E 867.68 feet to the southerly right-of-way of Reserve Loop and to the beginning point of a curve to the left having a radius of 935.04 feet from which the radius point bears N21°02'033" E, thence along said right-of-way and along said curve an arc length of 342.96 feet; thence continuing along said right-of-way S89°58'22" E 57.56 feet to the true point of beginning of the tract of land herein described; thence continuing along said right-of-way S89°58'06" E 335.13 feet; thence S00°12'01" W 300.00 feet; thence N89°58'06" W 333.92 feet; thence N00°01'47" W 300.00 feet to the true point of beginning, containing 2.304 acres. Montana Base Camp, 1000 Base Camp Drive Andy Matthews Assessor No. 0013911 Acres 47.8 Tract 1 and Tract 2 of Certificate of Survey 20796 in the Southern Half of the Southeast Quarter of Section 29 and North Half of the Northeast Quarter of Section 32, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Motel 6, 1540 Highway 93 South Ashish Patel, Rujava LLC, 818 Scott Blvd, Santa Clara, CA 95050 Assessor No. 0599250 Acres 1.87 A portion of Lot 7 and a portion of the Northerly 50 feet of Lot 8, Block 1 of the Plat of Poston Addition in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana My Place, 755 Treeline Rd Mike Johnson, 2900 Harrison Ave, Butte, MT 59701 Assessor No. 0507168 Acres 2.29 Lot 1 of Treeline Center Subdivision, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. Quality Inn, 1330 Highway 2 West Nikhil Parekh, Rujava LLC, 818 Scott Blvd, Santa Clara, CA 95050 Assessor No. 0428680 Acres 2.65 A portion of Tract 1B in 4B's Addition Number 45 in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Red Lion Hotel, 20 North Main RLH Corp, Gary Sims, 1550 Market St, Ste 350, Denver, CO 80202 Assessor No. 0974450 Acres 22.45 Tracts SBA and 2AB in Southeast Quarter of the Southwest Quarter of the South Half of the Southeast Quarter in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Super 8, 1341 1st Avenue East RL Morse Inc, 1341 1st Ave E, Kalispell 59901-5801 Assessor No. 0036470 Acres 1.01 Tracts 5XB, 5-23A, 5-23AA and 5FA in the Southwest Quarter of the Southwest Quarter of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Travelodge, 350 North Main Hari Darshan LLC,1130 E. Main St., Cut Bank, MT 59427-3126 Assessor No. 0263865 Acres 0.964 Lots 1 through 6 and 9 through 12 of Block 241, Kalispell Addition 6, in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana CITY OF KALISPELL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council on the 4th day of November, 2019, passed Resolution No. 5947 declaring an intention to create a business improvement district within the City of Kalispell, pursuant to Title 7, Chapter 12 Montana Code Annotated and specifically § 7- 12-111](4), that is directed toward the common purpose of providing overnight stays at lodging facilities. The properties within the business improvement district are more particularly described in Exhibit "A" attached hereto. Said Resolution No. 5947 declares that the creation of such a business improvement district will promote the health, safety, prosperity, security, and general welfare of the inhabitants thereof and will be of special benefit to the property within the boundaries of the district. Upon the creation of such a business improvement district, a board of trustees will be appointed by City Council, which board shall have such authority as permitted by MCA Section 7-12-1131 and shall recommend to the City Council, pursuant to MCA Section 7-12-1133, a method of levying an assessment on the property within the district which will best ensure that the assessment on each lot or parcel is equitable in proportion to the benefits to be received. NOTICE is further given that for a period of fifteen (15) days after November 10, 2019, that date being the first day of publication of this Notice in the Daily Inter Lake, the City Clerk will receive from the property owners in the area proposed to be included in the business improvement district, written protests against the extent or creation of the district to be assessed, or both. The City Council of the City of Kalispell shall hold a public hearing on the 2nd day of December, 2019, at 7:00 p.m., in the Council Chambers, City Hall, Kalispell, Montana and consider all communication received by the City Clerk pursuant to this Notice. After considering the same, the Council shall proceed to hear and pass upon all protests and may duly and regularly pass and adopt a Resolution approving the creation of the business improvement district as described in Exhibit "A". Its decision shall be final and conclusive. If passed, the time when the said Resolution shall go into effect shall be fixed by said Resolution. Aimee Brunckhorst, CMC City Clerk Publish: November 10, 2019 November 17, 2019 EXHIBIT "A" Legal Description Kalispell Tourism Business Improvement District The boundaries of the District shall be all parcels, tracts, lots and blocks within the corporate limits of the City of Kalispell where a five or more room hotel is located and providing overnight stays as a lodging facility for transient patrons as its business. This description currently identifies all of the following lodging businesses located at the respective described street addresses and within the respective described legal parcel. Aero Inn, 1830 Highway 93 South Siri Hari LLC, 1130 E. Main St, Cut Bank, MT 59427 Assessor No. 0112600 Acres 1.47 Lot IA of the Resubdivision of Lot 1 of Block 1 of Airport Addition to Kalispell, Subdivision 73, in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana America's Best Value Inn, 1550 Highway 93 North SHRI Karishna, LLC, 1130 E. Main St., Cut Bank, MT 59427 Assessor No. 0976349 Acres 0.94 Resubdivision of Lot 1 of Hall Addition in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Blue & White Motel, 640 East Idaho Blue & White Motel, Inc., PO Box 249, Kalispell, 59903 Assessor No. 0084500 Acres 2.81 Tracts 30-18, 30-20B and 30-27 in the Northwest Quarter of the Southwest Quarter of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Econo Lodge Inn & Suites, 1680 Highway 93 South SHRI HARI LLC, 1130 E. Main St., Cut Bank, MT 59427 Acres 1.47 Assessor No. 0703050 Unit 1 of Diamond Lil's Condominiums in Section 17, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Assessor No. 0971720 Unit 3 of Diamond Lil's Condominiums in Section 17, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana (Johnson Properties LLC) Assessor No. 0277026 Unit 2 of Diamond Lil' s Condominiums in Section 17, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Fairbridge Inn & Suites, 1701 Highway 93 South RMH9 LLC, PO Box 66, Harrison, ID 83833-0066 Assessor No. 0877530 Acres: 4.67 and 2.29 Lots 1, 2 and 3 of Ryker Addition to Kalispell Amended Lots 1-10 in Block 2 in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Glacier Ridge Suites, 281 1st Avenue WN Camren Center LLC, 281 1st Ave WN Assessor No. 0946500 Acres 0.16 Lots 19 and 20 in Block 6, Kalispell Original Townsite, in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Hampton Inn Kalispell, 1140 Highway 2 West Spring Creek Development, LLC, 12906 N. Addison St, Spokane, WA 99218 Assessor No. 0981479 Acres 4.78 Tract 1 of Certificate of Survey 15567 located in the Southeast Quarter of the Southeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Hilton Garden Inn, 1845 Highway 93 South Kalispell Hotel, LLC, Assessor No. 0586900 Acres 3.44 Tract 1 of Certificate of Survey No. 17045, a tract of land situated, lying, and being the North half of the Northwest Quarter of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Holiday Inn Express, 275 Treeline Road DNRC, Property Owner: Cal Clausen, Sterling Hospitality, 8923 E. Mission #135, Spokane Valley, WA 99210 Assessor No. 0012481 and 0503466 Acres 3.45 Imp 1906 on Lot 1 of the Holiday Inn Express Subdivision in Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana Homewood Suites by Hilton, 195 Hutton Ranch Rd Buffalo Ventures II LLC, 17 Lockwood Dr., Ste, 400, Charleston, SC 29401 Assessor No. 0501948 Acres 3.21 Lot 6 of Hutton Ranch Plaza Phase 1 Subdivision in the Northwest quarter and Southwest quarter of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana Kalispell Grand Hotel, 100 Main Street CM Clark, PO Box 986, Kalispell, 59903 Assessor No. 0020900 Acres 0.16 Lots 1 and 2 of Kalispell Original Townsite in Section 18, Township 28 North, Range 21 West, P.M.M. Flathead County, Montana Marriott Springhill Suites, 250 Old Reserve Drive DNRC, Property Owner: Mike Johnson, 2900 Harrison Ave, Butte, MT 59701 Assessor No. 0014871 Acres 2.304 That portion of the south one-half (S 1/2), Section 36, Township 29 North, Range 22 West, P.M.M, Flathead County, Montana, more particularly described as follows: Commencing at the center 1/4 corner of said Section 36; thence along the East-West mid -section line of said Section 36, S89°58'06" E 867.68 feet to the southerly right-of-way of Reserve Loop and to the beginning point of a curve to the left having a radius of 935.04 feet from which the radius point bears N21°02'033" E, thence along said right-of-way and along said curve an arc length of 342.96 feet; thence continuing along said right-of-way S89°58'22" E 57.56 feet to the true point of beginning of the tract of land herein described; thence continuing along said right- of-way S89°58'06" E 335.13 feet; thence S00°12'01" W 300.00 feet; thence N89°58'06" W 333.92 feet; thence N00°O1'47" W 3 00. 00 feet to the true point of beginning, containing 2.304 acres. Montana Base Camp, 1000 Base Camp Drive Andy Matthews Assessor No. 0013911 Acres 47.8 Tract 1 and Tract 2 of Certificate of Survey 20796 in the Southern Half of the Southeast Quarter of Section 29 and North Half of the Northeast Quarter of Section 32, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Motel 6, 1540 Highway 93 South Ashish Patel, Rujava LLC, 818 Scott Blvd, Santa Clara, CA 95050 Assessor No. 0599250 Acres 1.87 A portion of Lot 7 and a portion of the Northerly 50 feet of Lot 8, Block 1 of the Plat of Poston Addition in Section 17, Township 28 North, Range 21West, P.M.M., Flathead County, Montana My Place, 755 Treeline Rd Mike Johnson, 2900 Harrison Ave, Butte, MT 59701 Assessor No. 0507168 Acres 2.29 Lot 1 of Treeline Center Subdivision, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. Quality Inn, 1330 Highway 2 West Nikhil Parekh, Rujava LLC, 818 Scott Blvd, Santa Clara, CA 95050 Assessor No. 0428680 Acres 2.65 A portion of Tract 113 in 4B's Addition Number 45 in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Red Lion Hotel, 20 North Main RLH Corp, Gary Sims, 1550 Market St, Ste 350, Denver, CO 80202 Assessor No. 0974450 Acres 22.45 Tracts SBA and 2AB in Southeast Quarter of the Southwest Quarter of the South Half of the Southeast Quarter in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Super 8, 13411st Avenue East RL Morse Inc, 1341 1st Ave E, Kalispell 59901-5801 Assessor No. 0036470 Acres 1.01 Tracts 5XB, 5-23A, 5-23AA and 5FA in the Southwest Quarter of the Southwest Quarter of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Travelodge, 350 North Main Hari Darshan LLC, 1130 E. Main St., Cut Bank, MT 59427-3126 Assessor No. 0263865 Acres 0.964 Lots 1 through 6 and 9 through 12 of Block 241, Kalispell Addition 6, in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana ORDINANCE NO. 1833 AN ORDINANCE ESTABLISHING THE REGULATIONS OF THE KALISPELL TOURISM BUSINESS IMPROVEMENT DISTRICT, AUTHORIZING THE CITY ATTORNEY TO CODIFY THIS ORDINANCE AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION 1. The Kalispell Tourism Business Improvement District created by Resolution No. 5954 on December 16, 2019 and to become effective on July 1, 2020, pursuant to Title 7 Chapter 12 Part 11, shall have a term of ten (10) years. SECTION 2. The boundaries of the District shall be all parcels, tracts, lots and blocks within the corporate limits of the City of Kalispell where a five or more room hotel is located and providing overnight stays as a lodging facility for transient patrons as its business. This description currently identifies those properties set forth on Exhibit "A" attached hereto and incorporated fully herein by this reference. SECTION 3. Board of trustees -- appointment -- number -- term ofoffice. (1) The Mayor, with the approval of the City Council, shall appoint seven owners of property within the district to comprise the board of trustees of the district. (2) The director for the tourism business improvement district must be the executive director of a nonprofit convention and visitors bureau, as defined in MCA 15-65- 101. (3) The number of members of the board, once established, may be increased to up to seven members from time to time by subsequent resolutions of the City Council of the local government. A resolution to reduce board membership may not require resignation of any member prior to completion of his appointed term. (4) Three of the members who are first appointed must be designated to serve for terms of 1, 2, and 3 years, respectively, from the date of their appointments, and two must be designated to serve for terms of 4 years from the date of their appointments. For a seven - member commission, there must be two additional appointments for terms of 2 years and 3 years, respectively. (5) After initial appointment, members must be appointed for a term of office of 4 years, except that a vacancy occurring during a term must be filled for the unexpired term. A member shall hold office until his successor has been appointed and qualified. SECTION 4. Organization of board of trustees -- no compensation. (1) The City Council shall designate which member of the board is to be the first chairman. When the office of chairman of the board becomes vacant thereafter, the board shall elect a chairman from among its members. The term of office as chairman of the board, unless otherwise prescribed by the City Council, must be for 1 calendar year or for that portion thereof remaining after each chairman is designated or elected. (2) Members may receive no compensation. SECTION 5. Removal ofboard member. A member of a board of trustees may be removed by the Mayor with the consent of the City Council. SECTION 6. Powers of board in administering district. The board in administering the business improvement district has all powers necessary to carry out the functions of the district contained in this ordinance creating it, including the power to: (1) sue and be sued, enter into contracts, and hire and terminate personnel needed for its purposes; (2) provide special police, maintenance, or cleaning personnel for the protection and enjoyment of the general public using the business district; (3) landscape and beautify public areas and to maintain those areas; (4) contract with the City Council to maintain, operate, or repair public parking facilities; (5) contract with the City Council to maintain streets, alleys, malls, bridges, ramps, tunnels, landscaping, and other public facilities as mutually agreed upon; (6) promote private investment and business expansion in the district; (7) provide for the management and administration of the affairs of the district; (8) promote business activity by advertising, decorating, marketing, and promoting and managing events and other actions designed for the general promotion of business activities in the district; and (9) perform such other functions as are necessary to carry out the purposes of this part and to further the objectives of the district. SECTION 7. Annual budget and work plan -- approval --procedure -- tax. (1) At a time determined by the City Council, the board shall submit to the City Council for approval a work plan and budget for the ensuing fiscal year. (2) Following public notice that a work plan and budget have been submitted and that the City Council will levy an assessment to defray the cost of the work plan and budget, the City Council shall hold a public hearing on objections to the work plan and budget. After the hearing, the City Council may modify the work plan and budget as it considers necessary and appropriate. (3) After approval of the work plan and budget and to defray the cost thereof for the next fiscal year, the City Council shall by resolution levy an assessment upon all of the property in the district using as a basis one of the methods prescribed in MCA 7-12-1133. (4) A copy of the resolution shall be delivered to the treasurer of Flathead County to be placed on the tax roll and collected in the same manner as other taxes. SECTION 8. Assessment of costs -- area, lot, taxable valuation, and square footage options. (1) At the same time the board submits the annual budget and work plan to the City Council as provided in MCA 7-12-1132, the board shall also recommend to the City Council a method of levying an assessment on the property within the district which will best ensure that the assessment on each lot or parcel is equitable in proportion to the benefits to be received. (2) The City Council shall annually assess the entire cost of the district against the entire district using a method which best ensures that the assessment on each lot or parcel is equitable in proportion to the benefits to be received. In determining the method of assessment to be used, the City Council shall consider the recommendations of the board. (3) If a district is expanded, the land within the expanded area must be assessed as provided for in subsection (2) for the duration of the district. SECTION 9. City Council not to decrease public services. The City Council may not decrease the level of public services in the district existing prior to the creation of the district unless the services at the same time are decreased throughout the jurisdictional area of the City Council, nor may it transfer the financial burden of providing those services to the district. The City Council may not discriminate in the provision of publicly funded services between areas included in such district and areas not so included. SECTION 10. Liability insurance required. The City Council may not approve the annual budget or the work plan submitted to it by the board unless the annual budget and the work plan provide for liability insurance coverage insuring the district, the board, and the City against legal liability for personal injury and property damage in an amount determined sufficient for that purpose by the City Council. SECTION 11. Obligations ofdistrict not obligations of City. An obligation or debt of any nature of the district is not an obligation or debt of the City and in no event is a debt or obligation of a district payable out of any funds or properties of the City. The debts and obligations of a district are payable solely from the funds and properties of the district. SECTION 12. This Ordinance shall become effective on July 1, 2020. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 6TH DAY OF JANUARY, 2020. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk EXHIBIT "A" Legal Description Kalispell Tourism Business Improvement District The boundaries of the District shall be all parcels, tracts, lots and blocks within the corporate limits of the City of Kalispell where a five or more room hotel is located and providing overnight stays as a lodging facility for transient patrons as its business. This description currently identifies all of the following lodging businesses located at the respective described street addresses and within the respective described legal parcel. Aero Inn, 1830 Highway 93 South Siri Hari LLC, 1130 E. Main St, Cut Bank, MT 59427 Assessor No. 0112600 Acres 1.47 Lot IA of the Resubdivision of Lot 1 of Block 1 of Airport Addition to Kalispell, Subdivision 73, in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana America's Best Value Inn, 1550 Highway 93 North SHRI Karishna, LLC, 1130 E. Main St., Cut Bank, MT 59427 Assessor No. 0976349 Acres 0.94 Resubdivision of Lot 1 of Hall Addition in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Blue & White Motel, 640 East Idaho Blue & White Motel, Inc., PO Box 249, Kalispell, 59903 Assessor No. 0084500 Acres 2.81 Tracts 30-18, 30-20B and 30-27 in the Northwest Quarter of the Southwest Quarter of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Econo Lodge Inn & Suites, 1680 Highway 93 South SHRI HARI LLC, 1130 E. Main St., Cut Bank, MT 59427 Acres 1.47 Assessor No. 0703050 Unit 1 of Diamond Lil's Condominiums in Section 17, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Assessor No. 0971720 Unit 3 of Diamond Lil's Condominiums in Section 17, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana (Johnson Properties LLC) Assessor No. 0277026 Unit 2 of Diamond Lil' s Condominiums in Section 17, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Fairbridge Inn & Suites, 1701 Highway 93 South RNIH9 LLC, PO Box 66, Harrison, ID 83833-0066 Assessor No. 0877530 Acres: 4.67 and 2.29 Lots 1, 2 and 3 of Ryker Addition to Kalispell Amended Lots 1-10 in Block 2 in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Glacier Ridge Suites, 281 1st Avenue WN Camren Center LLC, 281 1st Ave WN Assessor No. 0946500 Acres 0.16 Lots 19 and 20 in Block 6, Kalispell Original Townsite, in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Hampton Inn Kalispell, 1140 Highway 2 West Spring Creek Development, LLC, 12906 N. Addison St, Spokane, WA 99218 Assessor No. 0981479 Acres 4.78 Tract 1 of Certificate of Survey 15567 located in the Southeast Quarter of the Southeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Hilton Garden Inn, 1845 Highway 93 South Kalispell Hotel, LLC, Assessor No. 0586900 Acres 3.44 Tract 1 of Certificate of Survey No. 17045, a tract of land situated, lying, and being the North half of the Northwest Quarter of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Holiday Inn Express, 275 Treeline Road DNRC, Property Owner: Cal Clausen, Sterling Hospitality, 8923 E. Mission 4135, Spokane Valley, WA 99210 Assessor No. 0012481 and 0503466 Acres 3.45 Imp 1906 on Lot 1 of the Holiday Inn Express Subdivision in Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana Homewood Suites by Hilton, 195 Hutton Ranch Rd Buffalo Ventures II LLC, 17 Lockwood Dr., Ste, 400, Charleston, SC 29401 Assessor No. 0501948 Acres 3.21 Lot 6 of Hutton Ranch Plaza Phase 1 Subdivision in the Northwest quarter and Southwest quarter of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana Kalispell Grand Hotel, 100 Main Street CM Clark, PO Box 986, Kalispell, 59903 Assessor No. 0020900 Acres 0.16 Lots 1 and 2 of Kalispell Original Townsite in Section 18, Township 28 North, Range 21 West, P.M.M. Flathead County, Montana Marriott Springhill Suites, 250 Old Reserve Drive DNRC, Property Owner: Mike Johnson, 2900 Harrison Ave, Butte, MT 59701 Assessor No. 0014871 Acres 2.304 That portion of the south one-half (S 1/2), Section 36, Township 29 North, Range 22 West, P.M.M, Flathead County, Montana, more particularly described as follows: Commencing at the center 1/4 corner of said Section 36; thence along the East-West mid -section line of said Section 36, S89°58'06" E 867.68 feet to the southerly right-of-way of Reserve Loop and to the beginning point of a curve to the left having a radius of 935.04 feet from which the radius point bears N21°02'033" E. thence along said right-of-way and along said curve an arc length of 342.96 feet; thence continuing along said right-of-way S89°58'22" E 57.56 feet to the true point of beginning of the tract of land herein described; thence continuing along said right-of- way S89°58'06" E 335.13 feet; thence S00°12'01" W 300.00 feet; thence N89°58'06" W 333.92 feet; thence N00°01'47" W 300.00 feet to the true point of beginning, containing 2.304 acres. Montana Base Camp, 1000 Base Camp Drive Andy Matthews Assessor No. 0013911 Acres 47.8 Tract 1 and Tract 2 of Certificate of Survey 20796 in the Southern Half of the Southeast Quarter of Section 29 and North Half of the Northeast Quarter of Section 32, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Motel 6, 1540 Highway 93 South Ashish Patel, Rujava LLC, 818 Scott Blvd, Santa Clara, CA 95050 Assessor No. 0599250 Acres 1.87 A portion of Lot 7 and a portion of the Northerly 50 feet of Lot 8, Block 1 of the Plat of Poston Addition in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana My Place, 755 Treeline Rd Mike Johnson, 2900 Harrison Ave, Butte, MT 59701 Assessor No. 0507168 Acres 2.29 Lot 1 of Treeline Center Subdivision, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. Quality Inn, 1330 Highway 2 West Nikhil Parekh, Rujava LLC, 818 Scott Blvd, Santa Clara, CA 95050 Assessor No. 0428680 Acres 2.65 A portion of Tract 113 in 4B's Addition Number 45 in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Red Lion Hotel, 20 North Main RLH Corp, Gary Sims, 1550 Market St, Ste 350, Denver, CO 80202 Assessor No. 0974450 Acres 22.45 Tracts SBA and 2AB in Southeast Quarter of the Southwest Quarter of the South Half of the Southeast Quarter in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Super 8, 1341 1st Avenue East RL Morse Inc, 1341 1st Ave E, Kalispell 59901-5801 Assessor No. 0036470 Acres 1.01 Tracts 5XB, 5-23A, 5-23AA and 5FA in the Southwest Quarter of the Southwest Quarter of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Travelodge, 350 North Main Hari Darshan LLC,1130 E. Main St., Cut Bank, MT 59427-3126 Assessor No. 0263865 Acres 0.964 Lots 1 through 6 and 9 through 12 of Block 241, Kalispell Addition 6, in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana