Resolution 4828 - Amending Resolution 4797 - Creating Business Improvement District (BID)RESOLUTION NO.4828
A RESOLUTION AMENDING RESOLUTION 4797 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 l I 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 he 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; and
WHEREAS on the 160' day of June, 2003 the Kalispell City Council issued Resolution 4797
establishing a business improvement district for the city of Kalispell; and
WHEREAS, subsequently various landowners within the business improvement district have
expressed concerns about the financial viability of the district within the currently
defined boundaries and have made cogent arguments for the expansion of the district
to include business properties contiguous to the business improvement district; and
WHEREAS, the Kalispell City Council finds the arguments of these landowners compelling and
agree that a larger district including more business properties will ensure the future
success of the business improvement district.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL 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";
PROVIDED HOWEVER, that the creation of such district and its authority
to have assessments levied upon the properties in the district shall be
contingent upon the events described below in Section III.
SECTION II. 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.
SECTION III. The Business Improvement District shall have no authority to seek a levy of
assessments upon properties within the district unless and until it has
obtained, pursuant to MCA § 7-12-115, the voluntary expansion of the
district, as currently defined, to include properties that will add at least 25%
to the tax assessed value of the total district. Therefore, given the current
total tax assessed value of the district is $951,949, the district must
voluntarily expand to include additional properties with the aggregate tax
assessed value of at least $237,987.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 2nd DAY OF Sy,P�-ER, 2003.
Pamela B. Ker dy
Mayor
ATTEST:
Theresa White
City Clerk
Legal Description
Downtown Kalispell Proposed Business Improvement District
Commencing at the intersection of Main and Center Street which is the True Point of
Beginning; thence northerly along the centerline of Main Street to the center of the
intersection of Idaho Street and Main Street; thence easterly along the center of Idaho
Street to the center of the intersection of 1st Avenue East and Idaho Street; thence
southerly along the center of 1 st Avenue East to the center of the intersection of 1st
Avenue East and Montana Street; thence easterly along the center of Montana Street to
the center of the intersection of Montana Street and 3rd Avenue East; thence southerly
along the center of 3rd Avenue East to the center of the intersection of 3rd Avenue East
and Center Street; thence westerly along the center of Center Street to the center of the
intersection of Center Street and 2nd Avenue East; thence southerly along the center of 2nd
Avenue East to an easterly extension line of Lot 1 of Block 37, Kalispell Original;
thence westerly to the southeast corner of said Lot 1; thence continuing westerly along
the southerly boundary of said Lot 1 to the centerline of the alley in of said Block 37;
thence southerly through the alley to 1st Street East; thence continuing southerly through
the alley between Linderman School and Block 44 of Kalispell Original; thence
continuing southerly through the alley of Blocks 57 and 64 of Kalispell Original to 4th
Street East; thence continuing southerly through the alley of Block 77 to an easterly
extension line of Lot 17 of Block 77, Kalispell Original; thence westerly along the
southern boundary of said Lot 17 and crossing 1st Ave East to the southeast corner of Lot
2 of Block 76, Kalispell Original; thence continuing westerly along the southern
boundary of said Lot 2 to the alley in said Block 76; thence southerly through the alley to
an easterly extension line of Lot 20 of Block 76; thence westerly along the southern
boundary of said Lot 20 and to the centerline of Main Street; thence northerly along Main
Street to the intersection of 4th Street and Main Street; thence westerly along the
centerline of 4th Street West to a southerly extension of the alley of Block 67 of Kalispell
Original; thence northerly through said alley to the centerline of 3rd Street West; thence
easterly along 3rd Street West to the centerline of 1st Avenue West; thence northerly along
1st Avenue West to an easterly extension line of the southern boundary of Lot 7 of Block
54, Kalispell Original; thence westerly along the southern boundary of said Lot 7 to the
alley; thence northerly through the alley, crossing 2nd Street West and continuing
northerly through the alley of Block 47 of Kalispell Original, to an easterly extension line
of the southern boundary of Lot 18 of Block 47 of Kalispell Original; thence westerly
along the southern boundary of said Lot 18 to the centerline of 2nd Avenue West; thence
northerly along 2nd Avenue West crossing Ist Street West, to a westerly extension line of
the southern boundary of Amended Lot 17 of Block 34, Kalispell Original; thence
easterly along the southern boundary of said Amended Lot 17 to the alley; thence
northerly along the alley to the centerline of West Center Street; thence easterly to the
intersection of West Center Street and Main Street to the True Point of Beginning. The
area proposed for the Downtown Business Improvement District encompasses
approximately 63.9 acres.
DOWNTOWN BUSINESS IMPROVEMENT DISTRICT
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