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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' 16 _ 15 _ 14 13 18 2 L 2