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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.