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Resolution 4797 - Creating Business Improvement District (BID))`.��'j� RESOLUTION NO.4797 A RESOLUTION CREATING A 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 l 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, 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 7-12-1141 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 as shown on the attached Exhibit "A"; and WHEREAS, on May 19, 2003 the Kalispell City Council issued Resolution 4792 declaring its intent to create a business improvement district for the city of Kalispell, Montana, to fix a date of a public hearing for June 16, 2003, 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 did receive a number of written protests, although not in sufficient numbers to bar proceedings as allowed by MCA 7-12-1114 and said protests being duly considered and passed upon at a public hearing held June, 16, 2003. 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 Downtown Business Improvement District." 2/� o SECTION II. Said business improvement district shall 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, PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 16th DAY OF ATTEST: C_ heresy White City Clerk M STATE OF ,f� 4i ° f.' �y County of Flathead 9S ��g� ^........•• +' i hEm by OM4 OW tf€e instr me€tt to' tidy affixed as a Lrue, corme, and csa pares copy of tfte original on #iie in Me o toe d the Cie* Of e City g Kaa*e#. y� ass ray hand and the aeaj of ate GitrOf Wspeg FlatPoad d M Assr No. Action Assr No. Action Assr Na. Assf NO. Action Assr No. ACCicn Assr No. [00030421 to4261601 [ ) I05639501 I 1 [06634001 IE0002581 [ 1 [E€3321001 I ) [p0030431 [042625,01 [ 1 (05729601 I 1 [06774801 [E000284] C 1 (E038029) [ ] [00030441 [0428150] [ 1 (05766501 [ 1 [06805501 [E0003011 [ ] IE0381153 [ 1 1 [OD030451 (04282001 [ 1 [65788001 [ 1 [06809551 [E000302] ( ] [E038665] F [ i IODI)43641 [0454406] 1 ) 105791001 [ 1 [068597S1 [E0003151 [ 1 tF038702] ] (00091551 (04608551 11 105791501 [ 1 (06955801 [E000328) [ 1 [90389061 [ jt30127501 [04609001 [ 1 I05792011 [ 7 (0717799} [E000339] [ 1 [EEt369071 ( ] I 1 I00j,77001 (04627801 ( ) (6580862] I 1 [07410501 [E0004Q6] [ ) (S0037151 1 [00177501 (0479930I I 1 105888901 [ 1 [07411001 (E028405} [ I (UO068743 [ (00178501 [04810251 I 1 [0590901) [ 1 [0759890] [E026425) I 1 (00008111 [ I [00209001 [0491i101 I 1 [05973001 [ ] 1107637803 [E0265061 I 1 [00019001 I 1 1 [00284001 [05310203 1 7 [06072501 I 1 1076535D] [E0267111 [ 1 [00019271 ( I I (00400501 [05356001 I 1 [06234501 11 I0780800 JE0267501 [ 1 [00000821 1 1 [00548501 1 D5367501 [ 1 {06351U01 { 1 [07972401 [50292S U1 1 I [0003fl931 I01043001 105450501 13 [0661690] [ ] I08029001 [E0295111 [ 1 I00030041 I 1 Assr NO, Action Assr NO. Action Rssx No. Assr Na. Action Assr NO. [fl 973973] {01300951 1 i [017965D1 I 1 [02721521 I08098841 S 3 [013744511 C01448501 1 1 10293450; 1 1 [0289600] [09237511 I I [09775351 101482851 [ ) (02227601 1 I [02932601 [08593501 I I (09782163 [01605391 101.607001 [ 1 [ 1 (02227761 [02238051 1 ) 1 1 I02990501 (03128901 [08733501 (08912751 [ 1 ( 3 [09-193511 101607051 1 1 CO2238061 I ] [031289�1 [08912761 t 3 (09793521 [09808131 I01607501 '.101607511 1 1 [0247625j 1 1 [031. 0501 [08984951 ( 1 [09612911 1 1 [02479551 I 1 103181703 [08993501 [ 1 [09818651 10160752] I 1 (02480051 [ 1 103181721 [09260001 [ I I09821671 [01608001 [ 1 02481001 S 3 103181'731 14926954j { ] (09824-01 101608501 I 1 [02484001 [ ) [0325850] [09299001 [ ) [09033591 I0160900j [ 1 I02484251 [ 1 I03901511 [09433501 [ I 109833601 10165050] I ) [02553501 ( 1 [04054003 I09705821 { ] ] '.[0171360] 1 1 [02597501 ( j [04236301 [09717-161 I I [ [13175240) 1 ) 102639001 I ] (04261751 [09718281 f'4z;0 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 lof 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 2'°d Avenue East to an easterly extension line of Lot 1 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 I" 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 3d Street West; thence easterly along 3'd Street West to the centerline of I" Avenue West; thence northerly along lit 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 2"d 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 2" d Avenue West; thence northerly along 2'd Avenue West crossing 1st 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. DOWNTOWN BUSINESS IMPROVEMENT DISTRICT May 15, 2003 14 Kalispell Center Mall 2AB z 1 !'1t3q nl )IdKt.l L oCC S( \4:1� k- j K(l l , 2AA I r<e,� W CENTER I L� E CENTERr „T 1' ii �����1■�����■mil•■���1���A•,�i��i�l E�M� vi A AMD t a— q _ !S 8 g t4 - — — tU 4 BCC' i C �aMEI t — -- --. _ 6 n_ t3 12I _ t— t fit. 4 PARK 73� SGUr�RE .. 2 ■ 18T ST W s t 1-■.1. e � ,� � 1ST S'fE I -- —E—a. CIO Ifl 3 z — L 7 — HMB�t.I A� y p� S CID I" 9 9—YUM — — 4 _ .. i m co - u 2 D Z GNU S I L, 11 — 2 1. — -- 2 D—#� ]0 — 5 1�� `,�— �� : - �� m �Fp 9 -- $ _ 4 ■e �� _ 1 — 7 ..--- - -. lil (L7 14 _. --12 14__— 3RD ST W �.�. � L--- 1 I8 I_ —1— _ S I L 3RD ST E t0o�44 21 — .. 3 —_945 1� _.. i7 17 r 12 5 jq Q-- 4THSTW %mummummmin E1•�n%- 12 1 ]8 �IIJ S1 E 4THSTE 17 _ 4 15� to — :.�_5 ■ ��� - -� 9 co I I — � —6is.► �o 4 ! 1 -_, _ ---12 u- Z 19 _ 1t $- a 12 1 18 —Cn1ti ST E_ STATE OF MONTANA County of Flathead RECORDED AT THE REQUEST OF THIS DAY OFdrzn. U 20 �� AT'`� O'CLOCK dAlh w CLOCK AND RECORDE/D� IN THE RECORDS OF FLA HEAD COUNTY, STATE OF MONTANA_. FEE $ �'t _ PD. RECEPTION NO. (Flathead County Ierk and Recorder) ETURN TO �` (Deputy Clerk) . .)Y%� 1�1,P�r 1�� 4 A, T�rrr