17. Resolution 4792 - Resolution of Intent - Business Improvement DistrictCity 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 Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
Chris Kukulski, City Manager
Tel 406.758.7708
Fax 406.758.7771
charball@kalispcll.com
SUBJECT: Resolution of Intention to Create a Business Improvement District
BACKGROUND: The City has been presented with petitions signed by owners of
property in the downtown business area, requesting that a Business Improvement District be
formed pursuant to MCA Section 7,124 101. As required by statute, the petitions represent
at least 60% of the land area within the proposed district. The City Attorney's office has
reviewed all of the petitions for validity and is certifying that the petitions do, in fact,
represent at least 60% of the land area within the proposed district. Pursuant to state law,
the Council must now issue a resolution of intent to create a business district and call for
public comment and a public hearing. Notices will be published and mailed to all property
owners within the proposed district.
RECOMMENDATION: Montana law requires that Council issue a resolution of intent
to create a business district and call a public hearing in the event the requisite petitions are
filed.
FISCAL EFFECTS: This particular action will have no significant fiscal effect on the City.
Respectfully submitted,
Char e-s-Rar'ball, City Attorney Chris Kukulski, City Manager
RESOLUTION NO.4792
A RESOLUTION OF INTENTION TO CREATE A BUSINESS IMPROVEMENT
DISTRICT FOR THE CITY OF KALISPELL, MONTANA, TO FIX A DATE OF A
PUBLIC HEARING, AND TO PROVIDE FOR PUBLICATION OF NOTICE OF SAID
HEARING.
WHEREAS, pursuant to Section 7-,12-1101, et seq., MCA, the City of Kalispell is authorized to
create business improvement districts; 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 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 7-12-1101, et seq.,
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".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That the Kalispell City Council intends to create a business
improvement district pursuant to Section 7-12-1101, et seq., Montana
Code Annotated.
SECTION II. Said business improvement district 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.
SECTION III. The City Clerk shall forthwith prepare and publish in the Daily Inter
Lake, a daily newspaper published at Kalispell, Montana, proper
notice of this Resolution of Intention at least once a week for two
successive weeks; and give said notice in writing, addressed to all
property owners within the proposed business improvement district.
SECTION IV. For a period of fifteen days after the first publication of said notice by
the City Clerk, said City Clerk will receive expressions in writing of
the approval or disapproval of the proposed business improvement
district from property owners in the area proposed to be included
within the business improvement district.
SECTION V. At the regularly scheduled meeting of the City Council of the City of
Kalispell, next succeeding the expiration of said fifteen days, the City
Clerk shall forward all written communication received by said Clerk
for Council's consideration.
SECTION V1. The City Council of the City of Kalispell shall hold a public hearing
to consider the proposed business improvement district at a meeting
to be held on the 16th day of June, 2003, at 7:00 p.m., in the Council
Chambers, City Hall, Kalispell, Montana, and subsequent to the
conclusion of said meeting the City Council, after considering all
spoken and written communication, may adopt a resolution creating
the business improvement district and the boundaries thereof shall
include the property shown on Exhibit "A".
SECTION V11. The City Clerk is authorized and directed to give notice of said
meeting in accordance with Section 7-1-413 1, Montana Code
Annotated.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 19TH DAY OF MAY, 2003.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT `A'
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