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1. Resolution 4852 - Resolution Expanding the Downtown Business Improvement DistrictCity of Kalispell Charles A. Harbatl Office of City Attorney City Attorney 312 First Avenue Fast P.O. Box 1997 Kalispell, MT 59903-I997 TO: FROM: SUBJECT: MEETING DATE: MEMORANDUM Mayor Pamela B. Kennedy and Kalispell City Council Charles Harball, City Attorney Chris Kukulski, City Manager Tel 406.758,7708 Fax 406,758.7771 charballCalralispell.c rn Resolution 4852 --- Expansion of the Downtown BID Monday, December 1, 2003 BACKGROUND: On September 3rd Council created the Downtown Kalispell Business Improvement District. At that time, a contingency to funding was imposed upon the District whereby a voluntary expansion of at least 25% to the aggregate tax assessed valuation of the District was required prior to any levy of assessments. Sufficient petitions have now been received which meet this requirement. A total of $287,106 will be added to the aggregate tax assessed value of the District. These properties are south and east of Main Street and Idaho and include Sportsman's, Tidymans, Dollar Store, Whitefish Credit Union, Moose's, first National Bank of Montana, and the Pizza Hut. A resolution of intent was passed on November 3ra and notice was duly published and mailed to the affected parties. As of the date of this memorandum, no written protests have been received. The public hearing on the matter will precede council discussion of the issue. RECOMMENDATION: That Council hear and pass upon any written protests that may be filed, consider the testimony provided at the public hearing, and thereupon determine whether to expand the Business Improvement District. FISCAL EFFECTS: The structure of the BID is to be self -funding without reliance upon City tax dollars. The City's Finance Department will be required to be somewhat involved in the accounting of the entity, which will further stretch its resources. Respectfully submitted, Charles Harball,-City Attorney Chris Kukulski, City Manager RESOLUTION NO.4852 A RESOLUTION TO EXPAND THE BUSINESS IMPROVEMENT DISTRICT FOR THE CITY OF KALISPELL, MONTANA. WHEREAS, pursuant to Section 7-12-1101, et seq., MCA, the City of Kalispell is authorized to create and expand business improvement districts; and WHEREAS, on September 2, 2003, the City Council of the City of Kalispell passed Resolution 4828 creating a Downtown Business Improvement District; 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 added to and therefore expand the existing district, the exterior boundarie of which are shown on the attached Exhibit "A" and which by this reference is made: a part hereof; and WHEREAS, the aforementioned petitions request that the City of Kalispell include their properties to expand the business improvement district, pursuant to Section 7-12- 1101, et seq., MCA; and WHEREAS, on November 3, 2003 the Kalispell City Council issued Resolution 4849 declaring its intent to expand the business improvement district for the city of Kalispell, Montana, to fix a date of a public hearing for December 1, 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 expansion of the business 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 not receive any protests. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That the Kalispell City Council does hereby expand the business improvement district pursuant to Section 7-12-1101, et seq., Montana Code Annotated. SECTION II. Said business improvement district expansion 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. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS I ST DAY OF DECEMBER, 2003. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor EXHIBIT "A" Legal Description Downtown Kalispell Proposed Business Improvement .District Expansion 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 I 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 easterly along the centerline of East Center Street to the center of the intersection of 3rd Avenue East; thence northerly along the centerline of 3rd Avenue East to the center of the intersection of 3r1 Avenue East and Montana Street; thence westerly along the centerline of Montana Street to the center of the intersection of I" Avenue East and Montana Street; thence northerly along the centerline of 1" Avenue East to the center of the intersection of I" Avenue East and Idaho Street, thence westerly along the centerline of Idaho Street to the center of the intersection of Idaho Street and Main Street; thence southerly along the centerline of Main Street to the center of the intersection of Main Street and Center Street which is the True Point of Beginning.