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Resolution 4849 - Resolution of Intention to Expand the Business Improvement DistrictRESOLUTION NO.4849 A RESOLUTION OF INTENTION TO EXPAND THE 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 and expand business improvement districts; and WHEREAS, on September 2, 2003, the City Council of the City of Kalispell passed Resolution 4828 creating a Downtown Business Improvement District; 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 added to and therefore expand the existing 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 petitions request that the City of Kalispell include their properties to expand the business improvement district, pursuant to Section 7-12- 1101, et seq., MCA; and WHEREAS, the purpose of said business improvement district expansion appears to promote the health, safety, prosperity, security and general welfare of the inhabitants of the City of Kalispell and the business improvement district, and appears to be of special benefit to the property within the boundaries of said proposed expansion to the 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 expand the business improvement district pursuant to Section 7-12-1101, et seq., Montana Code Annotated. SECTION II. Said business improvement district expansion 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 expansion from property owners in the area proposed to be included within the district expansion. 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 VL The City Council of the City of Kalispell shall hold a public bearing to consider the proposed business improvement district at a meeting to be held on the 1st day of December, 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 expanding the business improvement district and the boundaries thereof shall include the property shown on Exhibit "A". ,SECTION VII. The City Clerk is authorized and directed to give notice of said meeting in accordance with Section 7-1-4131, Montana Code Annotated. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 3RD DAY OF NOVEMBER, 2003. ATTEST: 2,)tZ,- Theresa White City Clerk EXHIBIT "A" Legal Description Downtown Kalispell Proposed Business Improvement District Expansion Commencing at the intersection of Main and Center Street which is the True Point of Beginning; thence easterly along the centerline of East Center Street, 616 feet, more or less, to a southerly extension line of the west boundary of Lot 2 Phase I of Kalispell Market Place; thence northerly to the southwest corner of said Lot 2; thence continuing northerly along the west boundary of Lot 2 to the northwest corner of said Lot 2; thence easterly along the northern boundary of and to the northeast corner of said Lot 2; thence southerly along the easterly boundary of said Lot 2 to the southeast corner of said Lot 2; thence easterly along the centerline of East Center Street to the center of the intersection of 3rd Avenue East; thence northerly along the centerline of 3`d Avenue East to the center of the intersection of 3�d Avenue East and Montana Street; thence westerly along the centerline of Montana Street to the center of the intersection of 1" Avenue East and Montana Street; thence northerly along the centerline of 1" Avenue East to the center of the intersection of 15` Avenue East and Idaho Street; thence westerly along the centerline of Idaho Street to the center of the intersection of Idaho Street and Main Street; thence southerly along the centerline of Main Street to the center of the intersection of Main Street and Center Street which is the True Point of Beginning.