HomeMy WebLinkAbout20- Ordinance 2040 Amending Chapters 2.05 and 2.06 of the BMC to Create the Downtown Business Improvement Dist for 2020-2030 and Delete References to the Boz TBID
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ORDINANCE 2040
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING CHAPTERS 2.05 AND 2.06 OF THE BOZEMAN MUNICIPAL
CODE TO CREATE THE DOWNTOWN BUSINESS IMPROVEMENT DISTRICT FOR
2020-2030 AND DELETE REFERENCES TO THE BOZEMAN TOURISM BUSINESS
IMPROVEMENT DISTRICT
WHEREAS, on August 11, 2020, the City Commission of the City of Bozeman adopted
Resolution 5141, creating the Bozeman Downtown Business Improvement District; and
WHEREAS, pursuant to Sect. 7-12-1121(1), MCA, the City Commission, in addition to a
resolution as describe above, must adopt an ordinance to implement the Bozeman Downtown
Business Improvement District; and
WHEREAS, the recitals and findings made during adoption of Resolution 5141, including
those made in the adoption of Resolution 5140, a Resolution of Intent to Create the Bozeman
Downtown Business Improvement District for 2020-2030, are hereby incorporated as legislative
findings for the adoption of this Ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Chapter 2, Article 5, Bozeman Municipal Code, shall be amended as follows and any
sections within not amended herein shall remain in effect:
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DIVISION 11. – BUSINESS IMPROVEMENT DISTRICTS BOARDS OF TRUSTEES
Sec. 2.05.1950. – Purpose and intent.
The purpose and intent of this division is to provide for boards of trustees for the
several business improvement districts within the City of Bozeman created pursuant to title 7,
chapter 12, part 11, Montana Code Annotated (MCA 7-12-1101 et seq.). The boards of trustees
for each business improvement district shall have the powers enumerated herein with respect to
the program for each business improvement district as described in article 6, division 8 of this
chapter. Each board of trustees is a public body and shall comply with all laws of the state
regarding notice and opportunity to be heard, open meetings, public participation, and
maintenance of public records.
2.05.1960. - Bozeman Tourism Business Improvement District BoardReserved.
A. Creation; powers and duties. The city commission creates the Bozeman
Tourism Business Improvement District (BTBID) board of trustees and
authorizes the BTBID board of trustees to exercise any of the following business
improvement district powers, in conjunction with administration of the BTBID
created pursuant to article 6, division 8 of this chapter:
1. Sue and be sued;
2. Enter into contracts to carry out the function of the BTBID;
3. Hire and terminate personnel needed for its purposes;
4. Provide adequate liability insurance for the affairs of the BTBID;
5. Promote private investment and business expansion in the BTBID;
6. Provide for the management and administration of the affairs of the BTBID;
7. 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 BTBID;
8. Perform such other functions as are necessary to carry out the purposes of
this division and to further the objectives of the BTBID;
9. Adopt bylaws, subject to the approval of the city commission, for the
operation of the board and develop procedures for the collection and
maintenance of BTBID records and the protection of district members' trade
secrets to the extent allowable by state law; and
10. Authorize the acquisition and disposal of real property upon the consent of
the city commission.
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B. Members; appointments and terms.
1. All appointments to the BTBID shall be made by the city commission.
2. Upon creation, there shall be seven members of the board of trustees and
there shall always be at least five but not more than seven members of the
board of trustees for the BTBID, amendable from time to time by duly
adopted resolution of the city commission. The terms of the initial seven
members shall be as follows: three members to serve for terms of one, two,
and three years, respectively, from the date of their appointments; two must
be designated to serve for terms of four years from the date of their
appointments. For a seven-member board of trustees, there must be two
additional appointments for terms of two years and three years, respectively.
3. Each board member shall hold office until the board member's successor has
been appointed and has qualified.
4. A board member shall receive no compensation for the board member's
service. Board members shall be entitled to previously authorized expenses,
including travelling expenses, incurred in the discharge of the board
member's duties.
5. Any persons may be appointed as board members but only if they are
owners of real property subject to the jurisdiction of the BTBID or a
formally appointed representative of a real property owner.
6. A board member may be removed by the city commission for inefficiency,
neglect of duty, or misconduct, in office.
C. Director. The director of BTBID board of trustees shall be the duly appointed
executive director of the Bozeman Convention and Visitors Bureau and shall
serve in an advisory and administrative role for the board of trustees in the
administration of the affairs of the BTBID.
D. Meeting; election of officers.
1. The BTBID board of trustees shall hold meetings as it deems necessary to
execute its powers and duties provided for in subsection A of this section
and article 6, division 8 of this chapter.
2. The BTBID board of trustees shall adopt bylaws enabling it to elect officers,
set officer terms, and establish regular meeting times.
E. Annual budget, work plan, and report/recommendation on levy.
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1. Each year, at a date and in a format established by the city director of
administrative services, the board of trustees shall submit to the city
commission a report of its activities for the preceding year. The report shall
contain an audit of the district's finances. In addition, the board shall, at the
same time, submit to the city commission, a work plan and budget for the
ensuing fiscal year pursuant to the requirements of title 7, chapter 12, part
11, Montana Code Annotated (MCA 7-12-1101 et seq.). The city
commission shall have final authority to approve the work plan and budget.
2. At the time the board of trustees submits a report, annual budget, and work
plan, the board shall also submit a recommendation to the city commission
on a method of levying an assessment on the property within the BTBID
pursuant to the requirements of title 7, chapter 12, part 11, Montana Code
Annotated (MCA 7-12-1101 et seq.). If the method of assessment is to be
different than that described in section 2.06.1460.F, the commission must
adopt an ordinance amending said section.
3. The work plan and budget shall comply with the provisions and procedures
of section 2.06.1460.G.
F. Duration. The board of trustees for the BTBID shall remain in effect as long as
the BTBID remains in effect.
G. Ethics provisions. All board activities and members are subject to all other
provisions of this Code, including article 3, division 4, pertaining to code of
ethics.
H. Liability/property insurance required. The board of trustees shall obtain liability
insurance coverage, at the sole expense of the BTBID, insuring the BTBID, the
board of trustees, and the City of Bozeman against legal liability for personal
injury and property damage in an amount not less than the liability and property
exposure limits established for governmental entities in title 2, chapter 9, part 1,
of Montana Code Annotated (MCA 2-9-101 et seq.).
2.05.1970. - Bozeman Downtown Business Improvement District Board
A. Creation; powers and duties. The city commission creates the Bozeman Downtown
Business Improvement District (BDBID) Board of Trustees and authorizes the
BDBID Board of Trustees to exercise any of the following business improvement
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district powers, in conjunction with administration of the BDBID created pursuant
to Resolution Number 5141, adopted on August 11, 2020, and article 6, division 8
of this chapter:
1. Sue and be sued;
2. Enter into contracts to carry out the function of the BDBID;
3. Hire and terminate personnel needed for its purposes;
4. Provide adequate liability insurance for the affairs of the BDBID;
5. Promote private investment and business expansion in the BDBID;
6. Provide for the management and administration of the affairs of the BDBID;
7. 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 BDBID;
8. Perform such other functions as are necessary to carry out the purposes of this
chapter and to further the objectives of the BDBID;
9. Adopt bylaws, subject to the approval of the city commission, for the operation
of the board and develop procedures for the collection and maintenance of
BDBID records and the protection of district members’ privacy and trade
secrets to the extent allowable by Montana law; and
10. Authorize the acquisition and disposal of real property upon the consent of the
city commission.
B. Members; appointments and terms.
1. All appointments to the BDBID shall be made by the city commission.
2. Upon creation, there shall be seven members of the board of trustees and there
shall always be at least five but not more than seven members of the board of
trustees for the BDBID, amendable from time to time by duly adopted
resolution of the city commission. The terms of the initial seven members shall
be as follows: three members to serve for terms of one, two, and three years,
respectively, from the date of their appointments, two must be designated to
serve for terms of four years from the date of their appointments. For a seven-
member board of trustees, there must be two additional appointments for terms
of two years and three years, respectively.
3. Notwithstanding subsection B.2 of this section, the existing terms of all current
board of trustee positions shall continue uninterrupted.
4. Each board member shall hold office until the board member’s successor has
been appointed and has qualified.
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5. A board member shall receive no compensation for the board member’s service.
Board members shall be entitled to previously authorized expenses, including
traveling expenses, incurred in the discharge of the board member’s duties.
6. Any persons may be appointed as board members but only if they are owners
of real property subject to the jurisdiction of the BDBID or a formally appointed
representative of a real property owner.
7. A board member may be removed by the city commission for inefficiency,
neglect of duty, or misconduct, in office.
C. Meeting; election of officers.
1. The BDBID board of trustees shall hold meetings as it deems necessary to
execute its powers and duties provided for in subsection A of this section and
article 6, division 8 of this chapter.
2. The BDBID board of trustees shall adopt bylaws enabling it to elect officers,
set officer terms, and establish regular meeting times.
D. Annual budget, work plan /recommendation on assessment/financial report.
1. The board of trustees shall annually complete a financial report in compliance
with the requirements of title 2, chapter 7, part 5, Montana Code Annotated
(MCA 2-7-501 et seq.) and provide a copy to the city commission.
2. Each year, at a date and in a format established by the city’s finance director,
the board of trustees shall submit to the city commission a work plan and budget
for the ensuing fiscal year pursuant to the requirements of title 7, chapter 12,
part 11, Montana Code Annotated (MCA 7-12-1101 et seq.). The city
commission shall have final authority to approve the work plan and budget.
3. At the time the board of trustees submits an annual budget and work plan, the
board shall also submit a recommendation to the city commission on a method
of levying an assessment on the property within the BDBID pursuant to the
requirements of title 7, chapter 12, part 11, Montana Code Annotated (MCA 7-
12-1101 et seq.). If the method of assessment is to be different than that
described in section 2.06.1460.F, the Commission must adopt an ordinance
amending said section.
4. The work plan and budget shall comply with the provisions and procedures of
section 2.06.1460.G.
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E. Duration. The board of trustees for the BDBID shall remain in effect as long as the
BDBID remains in effect.
F. Ethics provisions. All board activities and members are subject to all other
provisions of this Code, including article 3, division 4 of this chapter, pertaining to
the code of ethics.
G. Liability/property insurance required. The board of trustees shall obtain liability
insurance coverage, at the sole expense of the BDBID, insuring the BDBID, the
board of trustees, and the city against legal liability for personal injury and property
damage in an amount not less than the liability and property exposure limits
established for governmental entities in title 2, chapter 9, part 1, Montana Code
Annotated (MCA 2-9-101 et seq.).
Section 2
That Chapter 2.06 of the Bozeman Municipal Code shall be amended as follows:
DIVISION 8. - BUSINESS IMPROVEMENT DISTRICT PROGRAMS
Sec. 2.06.1450. - Purpose and intent.
The purpose and intent of this division is to provide for the specific program components of
each of the several business improvement districts within the City of Bozeman created
pursuant to title 7, chapter 12, part 11, Montana Code Annotated (MCA 7-12-1101 et seq.).
The districts shall be administered as provided by the boards of trustees for each district
created pursuant to article 5, division 11 of this chapter. The purpose of a business
improvement district is to serve a public use, promote the health, safety, prosperity, security,
and general welfare of the inhabitants of the district and of the people of this state and be of
specific benefit to the property within the boundaries of each district.
Sec. 2.06.1460. - Bozeman Tourism Business Improvement District programReserved.
A. Creation of district. The city commission creates and establishes the Bozeman
Tourism Business Improvement District (BTBID).
B. Specific purpose of district. In addition to the purposes enumerated in section
2.06.1450, the purposes of the BTBID are to aid in tourism, promotion, and
marketing within the BTBID.
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C. District to be administered by board of trustees. Pursuant to section 2.05.1960,
the affairs of the BTBID are to be administered by the BTBID board of trustees.
D. Limits and boundaries of district.
1. The outer limits of the BTBID within which properties used for the
purpose of providing overnight stays at lodging facilities are be subject
to the jurisdiction of the district shall mirror the city's corporate limits.
As the corporate boundaries of the city change by reason of annexation
or otherwise, the outer limits of the area within which a property shall be
included in the BTBID shall be similarly changed.
2 Within the limits described in subsection D.1 of this section, it is
acknowledged that not all properties or facilities are to be subject to the
jurisdiction of the BTBID; rather, specific non-contiguous properties
used for the purpose of providing overnight stays at lodging facilities, as
described herein, shall be the only properties or facilities that comprise
the BTBID. The properties and facilities that shall be subject to the
BTBID assessments are only those that are being used for the identified
purpose of providing ten or more rooms for temporary overnight
accommodations, lodging, dwelling, or sleeping facilities for transient
guests and, as such, shall include all hotels, motels, inns, bed and
breakfast establishments, hostels, and other similar uses, structures, or
portions thereof with ten or more rooms.
3. Any facility meeting the requirements of subsection D.2 of this section
that begins service within the city limits after the effective date of the
ordinance from which this section is derived shall be subject to the
requirements of this division. In such a case, the facility will
automatically become subject to the jurisdiction of the BTBID and
subject to the assessments described in subsection G of this section. This
provision shall also apply to any property or portion thereof annexed into
the City of Bozeman after the effective date of the ordinance from which
this section is derived whether such property or portion thereof contains
an existing facility meeting the requirements of subsection D.2 of this
section or whether a facility meeting the requirements of subsection D.2
of this section is developed on the property after annexation.
E. General character of the services to be performed. The services to be performed
by the BTBID shall include the funding of all uses and projects for tourism
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promotion within the city as specified in the BTBID annual work plan and
budget, as required by section 2.05.1960.E, and as approved by the city
commission. The services shall be designed to, among others, benefit local
tourism and lodging businesses within the city and shall include the marketing
of Bozeman at convention and trade shows, the marketing of Bozeman to the
travel industry generally, and the marketing of Bozeman as a viable location for
major sporting events.
F. Assessments. Finding the benefits derived by each property or facility are
proportional, the city commission shall annually assess the entire cost of the
BTBID against the BTBID in the amount of $2.00 per occupied room night. The
properties to be assessed shall be those meeting the requirements of subsection
D.2 of this section. The assessments described herein shall be subject to the
provisions of division 4 of this article. Certain occupied room nights are exempt
from assessments under this division. These include:
1. Occupied room nights at facilities that are otherwise exempt from paying
a lodging facility use tax pursuant to MCA 15-65-101 through 15-65-
136; and
2 Complimentary occupied room nights provided by a facility for no
compensation.
H. Work plan and budget. The board of trustees for the BTBID, in consultation
with the Bozeman Convention and Visitors Bureau, shall annually prepare a
work plan, audit, and budget and submit the same to the city commission. The
commission shall provide notice work plan and budget have been submitted and
shall hold a public hearing on objections to the work plan and budget and may
modify the work plan and budget as it considers necessary and appropriate.
Upon approval of the work plan and budget the commission shall levy the
assessments as described in subsection F of this section.
H.. Records/trade secrets. Pursuant to state law, the public shall have reasonable
access to the records of the BTBID. To ensure there is sufficient protection of
the trade secrets of any facility subject to this division, the board of trustees
shall adopt procedures for creation and maintenance of records of the BTBID
and procedures for balancing the right of the public to access to said records
with the interest of the member entities' right to maintain the confidentiality of
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any valid trade secrets. These procedures shall be approved by the city attorney
and incorporated into the bylaws.
I. Duration of district. The BTBID shall remain in effect for ten years from the effective
date of the ordinance from which this section is derived unless otherwise extended or
modified by the city commission.
Sec. 2.06.1470. - Bozeman Downtown Business Improvement District program.
A. Creation of district. The city commission creates and establishes the Bozeman
Downtown Business Improvement District (BDBID) for 2020-2030.
B. District to be administered by board of trustees. Pursuant to section 2.05.1970, the
affairs of the BDBID are to be administered by the BDBID board of trustees.
C. Limits and boundaries of district. The properties of the BDBID shall include those
within the boundaries as described in section 3 of Resolution No. 42635141, adopted
June 21, 2010August 11, 2020.
D. General character of the services to be performed. The services to be performed by the
BDBID shall include the funding of all uses and projects within the BDBID as specified
in the annual work plan and budget, as required by section 2.05.1970.D, and as
approved by the city commission.
E. Assessments. Each lot or parcel of land, including the improvements on the lot or
parcel, shall be assessed for that part of the whole cost of the district that its taxable
valuation bears to the total taxable valuation of the property of the BDBID and shall be
as follows: described in Resolution No. 5141.
1. For the first three fiscal years (2011-2013) of the BDBID, the total property
owner assessment shall not exceed $114,000.00;
2. For the fourth through seventh fiscal years (2014-2017), the assessment shall
not exceed $120,000.00; and
3. For the eighth through tenth years (2018-2020), the assessment shall not exceed
$126,000.00.
As described in Resolution No. 5141, the annual assessment rate shall not exceed $0.03
per dollar of taxable value for the duration of the BDBID. These assessment limitations
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in Resolution No. 5141 may be exceeded with a favorable vote or petition by the
owners of more than 60 percent of the area of the property in the BDBID.
F. Work plan, budget and financial report.
1. The board of trustees shall prepare a financial report in compliance with title 2,
chapter 7, part 5, of Montana Code Annotated (MCA 2-7-501 et seq.).
2. The board of trustees for the BDBID shall annually prepare a work plan, and
budget and submit the same to the city commission. The commission shall
provide notice work plan and budget have been submitted and shall hold a
public hearing on objections to the work plan and budget and may modify the
work plan and budget as it considers necessary and appropriate. Upon approval
of the work plan and budget the commission shall levy the assessments as
described in subsection E of this section.
G. Records/trade secrets/privacy. Pursuant to state law, the public shall have reasonable
access to the records of the BDBID. To ensure there is sufficient protection of the trade
secrets or privacy of any property owner subject to this division, the board of trustees
shall adopt procedures for creation and maintenance of records of the BDBID and
procedures for balancing the right of the public to access to said records with the
interest of the property owner's right to privacy or to maintain the confidentiality of any
valid trade secrets. These procedures shall be approved by the city attorney and
incorporated into the bylaws.
H. Duration of district. The BDBID shall remain in effect for ten years from the effective
date of the ordinance from which this section is derived unless otherwise extended or
modified by the city commission.
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
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Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification Instruction.
The provisions of Sections 1 and 2 shall be codified as appropriate in Titles 2 and 3 of the
Bozeman Municipal Code.
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 11th day of August, 2020.
______________________________
CHRIS MEHL
Mayor
ATTEST:
_____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED by the City Commission of the City of Bozeman, Montana, on first
reading at a regular session held on the 25th of August, 2020.
______________________________
CHRIS MEHL
Mayor
ATTEST:
_____________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
______________________________
GREG SULLIVAN
City Attorney
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