E/1. Resolution 4797 - Business Improvement District CreationCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO: Mayor Pam, elai Bo Kennedy
and Kalispell City Council
FROM: Charles Hairbaill, City Attorney
Chris Kukulski, City Manager
Tel 406.758.7708
Fax 406.758.7771
charballCa kalispell.com
SUBJECT: Creation of Business Improvement District ® Resolution No.
4797 and Ordinance No. 1468
BACKGROUND: A public heatrnng has been scheduled, pursuant to staitute, for City
Council to hear and pass upon protests to time creation of ai Business Improvement District.
As Council is aware, the City was presented with petitions for the creation of such a district
which proposed area was represented by more than 60% of petitioner -owned property.
Notice was published and mailed pursuant to the terms of the statute and some
protests were received within the 15 daffy protest period (See attached). However, these
written protests did not meet any of the following statutory criteria for a sufficient protest to
bar proceedings:
(a) owners ofproperty within the proposed district or area of
proposed expansions .having a taxahle valuation, when aggregated, representing
not less than .50% of the tctad taxahle valuation ofproperty within the district
or within the area ®f a proposed expansion
(h) not less than 50% of the owners ofproperty witbina the district or
area ®f a proposed expansion or
(c) owners ofproperty within the proposed district or area ofa
proposed expansion having projected assessments, when aggregated,
representing not less than 50% of the totalprojected assessments for property
within the district or within the area ®.fa proposed expansion.
Based upon the lack of sufficient protest, the statute sets :forth than the City Council
has jurisdiction to order the creation of the business improvement district and shall pass a
BID Memorandum
June 11, 2003
Page - 2
resolution creating the district in accordance with the resolution of intention. The decision
of City Council shall be final and conclusive.
Statute requires that the BID be created by resolution which I have attached as
Resolution No. 4797. The statute further contemplates that an ordinance be put in dace to
regulate the BID, which I have attached as Ordinance 1468. For purposes of the ordinance
I have exclusively used the statutory language without deviation,
RECOMMENDATION: That Council hear and pass upon the written protests that have
been filed, consider the testimony provided at the public hearing, and thereupon determine
whether or not to create 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 suhm— itted,
d�
Charles I-Iarb41, City Attorney
2--,
Chris Kukulski, City Manager
Office of City Attorney
City of Kalispell
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 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, 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 •
V.&LISPELL 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."
SECTION 11. 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 JUNE, 2003.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
PROPOSED
DOWNTOWN BUSINESS IMPROVEMENT DISTRICT
May 15, 2003
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