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 work plan -- 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