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Resolution 5425 - Creating Tourism BIDRESOLUTION CREATING A T1,IMPROVEMENT DISTRICU ANNOTATED.PURSUANT TO THE TERMS OF TITLE 7 CHAPTER 12 PART 11 OF MONTANA CODJ WHEREAS, pursuant to Title 7 Chapter 12 Part 11 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 March 22, 2010 the Kalispell City Council issued Resolution 5419 declaring its intent to create a business improvement district for the City of Kalispell, Montana, to fix a date of a public hearing for May 3, 2010, 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 I. That the Kalispell City Council shall and does hereby create a business improvement district pursuant to Title 7 Chapter 12 Part 11, 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 II. 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 3rd DAY OF MAY, 2010. Ap Tammi Fisher Mayor ATTEST: Judi Funk Deputy 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 (Bissell Revocable Trust) Assessor No. 0112600 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 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 1B 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 1st 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 21 West, 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