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Resolution 5419 - Resolution of Intent - Tourism BIDRESOLUTION NO.5419 A RESOLUTION OF INTENTION TO CREATE A BUSINESS IMPROVEMENT DISTRICT FOR THE CITY OF KALISPELL, MONTANA PURSUANT TO MCA 7-12- 1111(4), TO FIX A DATE OF A PUBLIC HEARING, AND TO PROVIDE FOR PUBLICATION OF NOTICE OF SAID HEARING. WHEREAS, pursuant to § 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 a petition, signed by the owners of more than 60% of the area of the property to be included in the district, the specific description of which is set forth 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 § 7-12-114, MCA; and WHEREAS, the stated 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 7-12-1111(4), Montana Code Annotated. SECTION II. Said business improvement district would have the specific description of which is set forth on the attached Exhibit "A" which by this reference is made a part hereof. 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 5th day of April, 2010, at 7:00 p.m., in the Council Chambers, 201 First Avenue East, 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 that has been petitioned. SECTION VII. The City Clerk is authorized and directed to give notice of said meeting in accordance with § 7-1-2121, Montana Code Annotated. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 22ND DAY OF MARCH, 2010. ATTEST: Theresa White City Clerk EXHIBIT "A" Legal Description Proposed 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 (Bissell Revocable Trust) Assessor No. 0112600 Lot 1A 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 Blue & White Motel, 640 East Idaho (Blue & White Motel, Inc.) Assessor No. 0084500 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 Comfort Inn,1330 Highway 2 West (BHG Kalispell LLC) Assessor No. 0428680 A portion of Tract I in 4B's Addition Number 45 in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Econo Lodge Inn & Suites, 1680 Highway 93 South (Bullette Company of Michigan LLC) 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 Glacier Peaks Inn,1550 Highway 93 North (Northwest Hospitality Inc.) Assessor No. 0976349 Resubdivision of Lot 1 of Hall Addition in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Glacier Ridge Suites, 281 lst Avenue WN (Camren Center LLC) Assessor No. 0946500 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) Assessor No. 0981479 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 Hilltop Inn, 801 E Idaho Street (Kalispell Hilltop LLC) Assessor No. 0586900 Tract 2 of Certificate of Survey 8076 located in the Southeast Quarter of the Northwest Quarter and the Northeast Quarter of the Southwest Quarter of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Hilton Garden Inn, 1845 Highway 93 South (Kalispell Hotel, LLC) Assessor No. 0586900 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 (Big Sky HIE, LLC) Assessor No. 0012481 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 Kalispell Grand Hotel, 100 Main Street (CM Clark) Assessor No. 0020900 Lots 1 and 2 of Kalispell Original Townsite in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Motel 6, 1540 Highway 93 South (M-Six Penvest 1 Business Trust) Assessor No. 0599250 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 Outlaw Inn, 1701 Highway 93 South (Kalispell Hospitality Company, Inc.) Assessor No. 0877530 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 Red Lion Hotel, 20 North Main (Red Lion Hotel Limited Partnership) Assessor No. 0974450 Tracts 8BA 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 (D & D Inc. Hospitality Associates) Assessor No. 0036470 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 (Montana Hospitality) Assessor No. 0263865 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