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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 > 8 14 E 13A Kalispell Center all 2.4B 2qq E COMM ST 1 ■■N ,� 17 ■■�■■■ s r_ -� f. 6 2 11 3 10 g 5 14 4 4 1 b : 113 1 ■ 19T ST W > 1ST ST E 3 2 F34 I1 6 9 5 t¢ 7 6 13 N 3RD ST M 1 _ 2 17 3 9 ¢ 15 13 4TH ST W F] MENEM MENEM �I. t