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Ordinance 1675 - Establishing Tourism Business Improvement District RegulationsORDINANCE NO. 1675 AN ORDINANCE ESTABLISHING THE REGULATIONS OF THE KALISPELL TOURISM BUSINESS IMPROVEMENT DISTRICT, AUTHORIZING THE CITY ATTORNEY TO CODIFY THIS ORDINANCE AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION 1. The Kalispell Tourism Business Improvement District created by Resolution on May 3, 2010, pursuant to Title 7 Chapter 12 Part 11, shall have a term of ten (10) years. SECTION 2. The boundaries of the District shall be all parcels, tracts, lots and blocks within the corporate limits of the City of Kalispell where a five or more room hotel is located and providing overnight stays as a lodging facility for transient patrons as its business. This description currently identifies those properties set forth on Exhibit "A" attached hereto and incorporated fully herein by this reference. SECTION 3. Board of trustees -- appointment -- number -- term of office. (1) The Mayor, with the approval of the City Council, shall appoint seven owners of property within the district to comprise the board of trustees of the district. (2) The director for the tourism business improvement district must be the executive director of a nonprofit convention and visitors bureau, as defined in MCA 15- 65-101. (3) The number of members of the board, once established, may be increased to up to seven members from time to time by subsequent resolutions of the City Council of the local government. A resolution to reduce board membership may not require resignation of any member prior to completion of his appointed term. (4) Three of the members who are first appointed must be designated to serve for terms of 1, 2, and 3 years, respectively, from the date of their appointments, and two must be designated to serve for terms of 4 years from the date of their appointments. For a seven -member commission, there must be two additional appointments for terms of 2 years and 3 years, respectively. (5) After initial appointment, members must be appointed for a term of office of 4 years, except that a vacancy occurring during a term must be filled for the unexpired term. A member shall hold office until his successor has been appointed and qualified. SECTION 4. Organization of board of trustees -- no compensation. (1) The City Council shall designate which member of the board is to be the first chairman. When the office of chairman of the board becomes vacant thereafter, the board shall elect a chairman from among its members. The term of office as chairman of the board, unless otherwise prescribed by the City Council, must be for 1 calendar year or for that portion thereof remaining after each chairman is designated or elected. (2) Members may receive no compensation. SECTION 5. Removal of board member. A member of a board of trustees may be removed by the Mayor with the consent of the City Council. SECTION 6. Powers of board in administering district. The board in administering the business improvement district has all powers necessary to carry out the functions of the district contained in this ordinance creating it, including the power to: (1) sue and be sued, enter into contracts, and hire and terminate personnel needed for its purposes; (2) provide special police, maintenance, or cleaning personnel for the protection and enjoyment of the general public using the business district; (3) landscape and beautify public areas and to maintain those areas; (4) contract with the City Council to maintain, operate, or repair public parking facilities; (5) contract with the City Council to maintain streets, alleys, malls, bridges, ramps, tunnels, landscaping, and other public facilities as mutually agreed upon; (6) promote private investment and business expansion in the district; (7) provide for the management and administration of the affairs of the district; (8) promote business activity by advertising, decorating, marketing, and promoting and managing events and other actions designed for the general promotion of business activities in the district; and (9) perform such other functions as are necessary to carry out the purposes of this part and to further the objectives of the district. SECTION 7. Annual budget and workplan -- approval --procedure -- tax. (1) At a time determined by the City Council, the board shall submit to the City Council for approval a work plan and budget for the ensuing fiscal year. (2) Following public notice that a work plan and budget have been submitted and that the City Council will levy an assessment to defray the cost of the work plan and budget, the City Council shall hold a public hearing on objections to the work plan and budget. After the hearing, the City Council may modify the work plan and budget as it considers necessary and appropriate. (3) After approval of the work plan and budget and to defray the cost thereof for the next fiscal year, the City Council shall by resolution levy an assessment upon all of the property in the district using as a basis one of the methods prescribed in MCA 7-12- 1133. (4) A copy of the resolution shall be delivered to the treasurer of Flathead County to be placed on the tax roll and collected in the same manner as other taxes. SECTION 8. Assessment of costs -- area, lot, taxable valuation, and square footage options. (1) At the same time the board submits the annual budget and work plan to the City Council as provided in MCA 7-12-1132, the board shall also recommend to the City Council a method of levying an assessment on the property within the district which will best ensure that the assessment on each lot or parcel is equitable in proportion to the benefits to be received. (2) The City Council shall annually assess the entire cost of the district against the entire district using a method which best ensures that the assessment on each lot or parcel is equitable in proportion to the benefits to be received. In determining the method of assessment to be used, the City Council shall consider the recommendations of the board. (3) If a district is expanded, the land within the expanded area must be assessed as provided for in subsection (2) for the duration of the district. SECTION 9. City Council not to decrease public services. The City Council may not decrease the level of public services in the district existing prior to the creation of the district unless the services at the same time are decreased throughout the jurisdictional area of the City Council, nor may it transfer the financial burden of providing those services to the district. The City Council may not discriminate in the provision of publicly funded services between areas included in such district and areas not so included. SECTION 10. Liability insurance required. The City Council may not approve the annual budget or the work plan submitted to it by the board unless the annual budget and the work plan provide for liability insurance coverage insuring the district, the board, and the City against legal liability for personal injury and property damage in an amount determined sufficient for that purpose by the City Council. SECTION 11. Obligations of district not obligations of City. An obligation or debt of any nature of the district is not an obligation or debt of the City and in no event is a debt or obligation of a district payable out of any funds or properties of the City. The debts and obligations of a district are payable solely from the funds and properties of the district. SECTION 12. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR THIS 17TH DAY OF MAY, 2010. Tammi Fisher Mayor ATTEST: Theresa White City Clerk EXHIBIT "A" Legal Description Kalispell Tourism Business Improvement District The boundaries of the District shall be all parcels, tracts, lots and blocks within the corporate limits of the City of Kalispell where a five or more room hotel is located and providing overnight stays as a lodging facility for transient patrons as its business. This description currently identifies all of the following lodging businesses located at the respective described street addresses and within the respective described legal parcel. Aero Inn, 1830 Highway 93 South (Bissell Revocable Trust) Assessor No. 0112600 Lot 1A of the Resubdivision of Lot 1 of Block 1 of Airport Addition to Kalispell, Subdivision 73, in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Blue & White Motel, 640 East Idaho (Blue & White Motel, Inc.) Assessor No. 0084500 Tracts 30-18, 30-20B and 30-27 in the Northwest Quarter of the Southwest Quarter of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Comfort Inn, 1330 Highway 2 West (BHG Kalispell LLC) Assessor No. 0428680 A portion of Tract 1 B in 4B's Addition Number 45 in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Econo Lodge Inn & Suites, 1680 Highway 93 South (Bullette Company of Michigan LLC) Assessor No. 0703050 Unit 1 of Diamond Lil's Condominiums in Section 17, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Assessor No. 0971720 Unit 3 of Diamond Lil's Condominiums in Section 17, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana (Johnson Properties LLC) Assessor No. 0277026 Unit 2 of Diamond Lil's Condominiums in Section 17, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Glacier Peaks Inn, 1550 Highway 93 North (Northwest Hospitality Inc.) Assessor No. 0976349 Resubdivision of Lot 1 of Hall Addition in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Glacier Ridge Suites, 281 1st Avenue WN (Camren Center LLC) Assessor No. 0946500 Lots 19 and 20 in Block 6, Kalispell Original Townsite, in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Hampton Inn Kalispell, 1140 Highway 2 West (Spring Creek Development, LLC) Assessor No. 0981479 Tract 1 of Certificate of Survey 15567 located in the Southeast Quarter of the Southeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Hilltop Inn, 801 E Idaho Street (Kalispell Hilltop LLC) Assessor No. 0586900 Tract 2 of Certificate of Survey 8076 located in the Southeast Quarter of the Northwest Quarter and the Northeast Quarter of the Southwest Quarter of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Hilton Garden Inn, 1845 Highway 93 South (Kalispell Hotel, LLC) Assessor No. 0586900 Tract 1 of Certificate of Survey No. 17045, a tract of land situated, lying, and being the North half of the Northwest Quarter of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Holiday Inn Express, 275 Treeline Road (Big Sky HIE, LLC) Assessor No. 0012481 Imp 1906 on Lot 1 of the Holiday Inn Express Subdivision in Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana Kalispell Grand Hotel, 100 Main Street (CM Clark) Assessor No. 0020900 Lots 1 and 2 of Kalispell Original Townsite in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Motel 6, 1540 Highway 93 South (M -Six Penvest 1 Business Trust) Assessor No. 0599250 A portion of Lot 7 and a portion of the Northerly 50 feet of Lot 8, Block 1 of the Plat of Poston Addition in Section 17, Township 28 North, Range 21West, P.M.M., Flathead County, Montana Outlaw Inn, 1701 Highway 93 South (Kalispell Hospitality Company, Inc.) Assessor No. 0877530 Lots 1, 2 and 3 of Ryker Addition to Kalispell Amended Lots 1-10 in Block 2 in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Red Lion Hotel, 20 North Main (Red Lion Hotel Limited Partnership) Assessor No. 0974450 Tracts 8BA and 2AB in Southeast Quarter of the Southwest Quarter of the South Half of the Southeast Quarter in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Super 8, 1341 1st Avenue East (D & D Inc. Hospitality Associates) Assessor No. 0036470 Tracts 5XB, 5-23A, 5-23AA and 5FA in the Southwest Quarter of the Southwest Quarter of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Travelodge, 350 North Main (Montana Hospitality) Assessor No. 0263865 Lots 1 through 6 and 9 through 12 of Block 241, Kalispell Addition 6, in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana