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Resolution 5801 - Creates Business Improvement DistrictRESOLUTION NO. 5801 A RESOLUTION 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 11 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 an area of the property proposed 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 petitions request 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, on December 19, 2016, upon receiving the petitions, the Kalispell City Council issued Resolution 5793 declaring its intent to create a business improvement district for the city of Kalispell, Montana, to fix a date of a public hearing for January 17, 2017, and to provide for publication and mailing 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 given and upon the expiration of 15 days pursuant MCA 7-12-1113, the office of City Clerk received a number of written protests within that time period, although in insufficient numbers to reach any of the fifty percent protest threshold requirements that would bar further proceedings as provided in MCA 7-12-1114 and said protests and all other comments were duly considered at the public hearing held January 17, 2017; and WHEREAS, based upon the evidence presented to the City, 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 1. The Kalispell City Council hereby finds that the proposed business improvement district serves to promote the health, safety, prosperity, security and general welfare of the inhabitants of the City of Kalispell and the proposed district, and is of special benefit to the property within the boundaries of said proposed district as shown on the attached Exhibit "A". SECTION 2. The Kalispell City Council hereby creates 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." SECTION 3. 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. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 3RD DAY OF APRIL, 2017. t�--,c/-- Mark John's�n Mayor ,���ii\t ATTEST: F ®LB�`ta��`�i% �Ci • Aifee Brunckhorst, CMC ? 1892 City ClerkNTP�P' �lIII11111\ EXHIBIT "A" 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 westerly along the centerline of West Center St, 1,112 feet, more or less, to the center line of the intersection of West Center St and 3rd Ave W, thence southerly along 3rd Ave W, 1,107 feet, more or less, passing between lots 32 and 33, lots 48 and 49, lots 52 and 53, to the centerline of the intersection of 3rd Ave West and 3rd Street West; thence easterly one half block along 3rd Street West to the alley of block 68, Kalispell Original, thence southerly through said alley to 4th Street West; thence easterly, 370 feet, more or less, along 4th Street West to the alley of block 74, Kalispell Original; thence southerly through said alley to 5th Street West; thence easterly, 388 feet, more or less, along 5th Street West to the alley of block 86, Kalispell Original; thence southerly through the alleys of blocks 86, 95, and 106, 1,073 feet, more or less to the centerline of 8th Street West; thence easterly along 8th Street West, 411 feet, more or less, crossing Main Street to 8th Street East continuing to the alley of block 105, Kalispell Original; thence northerly through the alleys of blocks 105, 96, and 85, 1,073 feet, more or less, to the centerline of 5th Street East; thence easterly, 388 feet, more or less, along 5th Street East, to the alley of block 77, Kalispell Original; thence northerly through said alley to the centerline of 4th Street East; then easterly one half block to the intersection of 4th Street East and 2nd Avenue East; thence northerly along 2nd Avenue East between blocks 63 and 64 to the intersection of 2nd Avenue East and 3rd Street East; thence easterly, 372 feet, more or less to the intersection of 3rd Street East and 3rd Avenue East; thence northerly along 3rd Avenue East, 2,044 feet, more or less, between blocks 58 and 59, following the east most boundary of Linderman School, between blocks 38 and 39, along the east most boundary of Manion Square and then Kalispell Market Place Phase 2, to the intersection of 3rd Avenue East and East Montana Street; thence westerly along East Montana Street, 747 feet, more or less to the centerline of 1st Ave East North; thence northerly, 354 feet, more or less, between blocks 16 and 17, to the intersection of East Idaho Street and 1st Avenue East North; thence westerly, 945 feet, more or less, along East Idaho Street, crossing Main Street, to West Idaho Street, continuing to the intersection of West Idaho Street and the alley of block 14, Kalispell Original, between lst Avenue West North and 2nd Ave West North; thence southerly down said alley of block 14, 354 feet, more or less, to the centerline of West Montana Street; thence easterly one half block to the intersection of 1st Avenue West North and West Montana Street; thence southerly along 1st Avenue West North, between blocks 26 and 27, 328 feet, more or less, to the south west corner of lot 13 of block 26; thence easterly along the southern boundary of lot 26 to the centerline of Main Street; thence southerly along Main Street, 578 feet, more or less to the intersection of Main Street and Center Street to the True Point of Beginning.