Resolution 4792 - Resolution of Intention - Create Business Improvement District (BID)RESOLUTION NO.4792
A RESOLUTION OF INTENTION TO CREATE A BUSINESS IMPROVEMENT
DISTRICT FOR THE CITY OF KALISPELL, MONTANA, TO FIX A DATE OF A
PUBLIC HEARING, AND TO PROVIDE FOR PUBLICATION OF NOTICE OF SAID
HEARING.
WHEREAS, pursuant to Section 7-12-1101, et seq., MCA, the City of Kalispell is authorized to
create business improvement districts; and
WHEREAS, the City of Kalispell has been presented with petitions signed by the owners of more
than 60% of the area of the property to be included in the district, the exterior
boundaries of which 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 7-12-1101, et seq.,
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 as shown on the attached
Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That the Kalispell City Council intends to create a business
improvement district pursuant to Section 7-12-1101, et seq., Montana
Code Annotated.
SECTION II. Said business improvement district would have boundaries as shown
on the attached Exhibit "A" which by this reference is made a part
hereof; provided, however, that all property classified as a
commercial improvement within the district will be included in the
district. All publicly owned property and owner -occupied single
family residential property within the district are specifically
excluded from the business improvement district and are exempt from
its assessments.
SECTION III. The City Clerk shall forthwith prepare and publish in the Daily Inter
Lake, a daily newspaper published at Kalispell, Montana, proper
notice of this Resolution of Intention at least once a week for two
successive weeks; and give said notice in writing, addressed to all
property owners within the proposed business improvement district.
SECTION IV. For a period of fifteen days after the first publication of said notice by
the City Clerk, said City Clerk will receive expressions in writing of
the approval or disapproval of the proposed business improvement
district from property owners in the area proposed to be included
within the business improvement district.
SECTION V. At the regularly scheduled meeting of the City Council of the City of
Kalispell, next succeeding the expiration of said fifteen days, the City
Clerk shall forward all written communication received by said Clerk
for Council's consideration.
SECTION VI. The City Council of the City of Kalispell shall hold a public hearing
to consider the proposed business improvement district at a meeting
to be held on the 16th day of June, 2003, at 7:00 p.m., in the Council
Chambers, City Hall, Kalispell, Montana, and subsequent to the
conclusion of said meeting the City Council, after considering all
spoken and written communication, may adopt a resolution creating
the business improvement district and the boundaries thereof shall
include the property shown on Exhibit "A".
SECTION VII. The City Clerk is authorized and directed to give notice of said
meeting in accordance with Section 7-1-4131, Montana Code
Annotated.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 19TH DAY OF 2003.
Theresa White
City Clerk
EXHIBIT "A"
Legal Description
Downtown Kalispell Proposed Business Improvement District
Commencing at the intersection of Main and Center Street which is the True Point of Beginning;
thence easterly along the centerline of East Center Street, 616 feet, more or less, to a southerly
extension line of the west boundary of Lot 2, Phase 1 of Kalispell Market Place; thence northerly to
the southwest corner of said Lot 2; thence continuing northerly along the west boundary of Lot 2 to
the northwest corner of said Lot 2; thence easterly along the northern boundary of and to the
northeast corner of said Lot 2; thence southerly along the easterly boundary of said Lot 2 to the
southeast corner of said Lot 2; thence continuing southerly on 2nd Avenue East to an easterly
extension line of Lot I of Block 37, Kalispell Original; thence westerly to the southeast corner of
said Lot 1; thence continuing westerly along the southerly boundary of said Lot 1 to the centerline
of the alley in of said Block 37; thence southerly through the alley to 1st Street East; thence
continuing southerly through the alley between Linderman School and Block 44 of Kalispell
Original; thence continuing southerly through the alley of Blocks 57 and 64 of Kalispell Original to
4th Street East; thence continuing southerly through the alley of Block 77 to an easterly extension
line of Lot 17 of Block 77, Kalispell Original; thence westerly along the southern boundary of said
Lot 17 and crossing 1st Ave East to the southeast corner of Lot 2 of Block 76, Kalispell Original;
thence continuing westerly along the southern boundary of said Lot 2 to the alley in said Block 76;
thence southerly through the alley to an easterly extension line of Lot 20 of Block 76; thence
westerly along the southern boundary of said Lot 20 and to the centerline of Main Street; thence
northerly along Main Street to the intersection of 4th Street; thence westerly along the centerline of
4th Street East to a southerly extension of the alley of Block 67 of Kalispell Original; thence
northerly through said alley to the centerline of 3rd Street West; thence easterly along 3rd Street
West to the centerline of Ist Avenue West; thence northerly along Ist Avenue West to an easterly
extension line of the southern boundary of Lot 7 of Block 54, Kalispell Original; thence westerly
along the southern boundary of said Lot 7 to the alley; thence northerly through the alley, crossing
2nd Street West and continuing northerly through the alley of Block 47 of Kalispell Original, to an
easterly extension line of the southern boundary of Lot 18 of Block 47; thence westerly along the
southern boundary of said Lot 18 to the centerline of 2nd Avenue West; thence northerly along 2nd
Avenue West crossing I st Street West, to a westerly extension line of the southern boundary of
Amended Lot 17 of Block 34, Kalispell Original; thence easterly along the southern boundary of
said Amended Lot 17 to the alley; thence northerly along the alley to the centerline of West Center
Street; thence easterly to the intersection of West Center Street and Main Street to the True Point of
Beginning. The area proposed for the Downtown Business Improvement District encompasses
approximately 42.4 acres.