HomeMy WebLinkAboutResolution 4172 Intention to create TBID~ i
COMMISSION RESOLUTION N0.4172
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA DECLARING ITS INTENTION TO CREATE A TOURISM BUSINESS
IMPROVEMENT DISTRICT CONSISTING OF NON-CONTIGUOUS LANDS WITHIN
THE CITY OF BOZEMAN FOR THE PURPOSE OF AID IN TOURISM, PROMOTION,
AND MARKETING WITHIN THE DISTRICT.
WHEREAS, several Bozeman local lodging facilities in coordination with the Bozeman
Area Convention and Visitor Bureau have expressed the need for the creation of a tourism
business improvement district pursuant to the provisions of §7-12-1101, MCA, et seq., MCA, to
aid in tourism, promotion, and marketing within the City of Bozeman; and
WHEREAS, Section 7-12-1111, MCA, allows the City Commission to create such a
district upon receipt of a petition signed by the owners of more than 60% of the area of the
property proposed in the petition to be included in such a district, allows that such a district may
be composed of noncontiguous areas if the properties in a district have a common purpose of
providing overnight stays at lodging facilities, and requires the boundaries of a district with
noncontiguous areas to encompass all properties in the district with the same identified purpose;
and
WHEREAS, numerous owners of real property used as a hotel, motel, or lodging
facilities have submitted petitions requesting the City Commission create a Tourism Business
Improvement District for the City of Bozeman (hereinafter referred to as the "Bozeman
T.B.LD."); and
WHEREAS, the petitions delivered to the Bozeman City Clerk specifically states "...all
hotels, lodging facilities and motels are specifically benefitted by the activity and operations of
the [proposed] District and benefits derived by the parcel owned by [each] petitioner is
proportional to the benefits derived by all of the similarly situated parcels within the [proposed]
District"; and
WHEREAS, the Bozeman City Attorney has reviewed the petitions received and certified
before the Commission that the petitions delivered to the City Clerk contain the signatures of
owners of more than 60% of the area of the property to be included within the proposed district;
and,
WHEREAS, it is the desire of the City Commission, in order to promote the health,
safety, prosperity, security and general welfare of the potential members of the district and the
citizens of Bozeman, to levy assessments against certain tracts of land within the exterior limits
of the City of Bozeman that comprise the Bozeman T.B.I.D.; and
Resolution 4172 Stating the Ciry Commission's Intent to Create the Bozeman Tourism Business Improvement District
Pursuant to Title 7, Chpt. 12, Part 11, Montana Code Annotated
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WHEREAS, such assessments will be paid by the owners of tracts of land comprising the
district whereby the tract of land is being used as a hotel, motel or lodging facility; and
WHEREAS, the Bozeman T.B.I.D., through increased funding provided for by a one
dollar ($1.00) assessment on each occupied room night, will aid in tourism, promotion and
marketing of the City of Bozeman by: (i) increasing the effectiveness in existing markets while
exploring new markets; (ii) focusing efforts on periods of need; (iii) attending trade shows; (iv)
allowing for subsidy and sponsorship of events and organizations that drive room nights; (v)
increasing staffing levels to provide additional marketing; and (vi) providing for software for
tracking reporting and marketing; and
WHEREAS, pursuant to Section 7-12-111(2) and (3), MCA, the boundaries of the
proposed Bozeman T.B.I.D. comply with all applicable zoning regulations and no property
subject to the Bozeman T.B.I.D. is zoned primarily as a residential area; and
WHEREAS, Section 7-12-1111(1), MCA, requires that upon receipt of said petitions, the
City Commission shall establish a district pursuant to the provisions of Title 7, Chpt 12, Part 11,
MCA, which require adoption of this Resolution of Intent, followed by publication of a Notice of
Adoption of this Resolution and mail of said notice to every owner of real property with the
proposed district, an opportunity for the owners to protest creation of the proposed Bozeman
T.B.I.D., and then, barring sufficient protests, adoption of a final Resolution, creation of a Board
of trustees, and finally, the creation of an annual budget and work plan.
NOW THEREFORE BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1. Intent to Create the Bozeman Tourism Business Improvement District (Bozeman
T.B.LD.. It is the City of Bowman's intent is to create, subject to notice and the opportunity to
protest pursuant to Montana law and Section 10, below, the Bozeman T.B.I.D. and also to
declare that the purposes for which the assessments collected by the Bozeman T.B.I.D. shall be
used are the statutory purposes set forth in Business Improvement District Law, Sections 7-12-
1101 through 7-12-1144, MCA, as amended, for the funding of all uses and projects for tourism
promotion within the City of Bozeman as specified in a future Bozeman T.B.I.D. annual work
plan and budget.
Section 2. Name of District. The District shall be known as the Bozeman Tourism Business
Improvement District (Bozeman T.B.LD.).
Section 3. Limits and Boundaries of District.
Resolution 4172 Stating the City Commission`s Intent to Create the Bozeman Tourism Business Improvement District
Pursuant to Title 7, Chpt. 12, ParC 11, Montana Code Annotated
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A. Outer Limits of the Bozeman T.B.I.D. It is the intent of the City Commission that
should the Bozeman T.B.I.D. be established, the outer limits of the district within
which properties used for the purpose of providing overnight stays at lodging
facilities will be subject to the jurisdiction of the district shall mirror the City of
Bowman's corporate limits (as shown on Exhibit "A"). As the corporate
boundaries of the City change by reason of annexation or otherwise, it is intended
the outer limits of the areas within which a property could be included in the
Bozeman T.B.I.D. shall be similarly changed.
B. Properties Included Within the Bozeman T.B.I.D. Within the above described
limits, it is acknowledged not all properties are to be subject to the jurisdiction of
the district but rather it is the City Commission's intent that specific non-
contiguous properties used for the purpose of providing overnight stays at lodging
facilities will be the only properties that comprise the Bozeman T.B.I.D. The
properties that will be subject to the Bozeman T.B.I.D. assessments are only those
that are currently being used, or will be used in the future, for the identified
purpose of providing ten (10) 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 (10) or
more rooms. The properties currently proposed to be included in the Bozeman
T.B.I.D. are those described on "Exhibit B."
C. New Facilities Within Bozeman Subject to Bozeman T.B.LD. It is the intent of
the City Commission that should a tract of land within Bowman's city limits be
developed with a facility which meets the requirements described above, that
property will automatically become part of the Bozeman T.B.I.D. and as such
automatically subject to the assessments described in Section 6, below.
D. Annexed Properties Subject to Bozeman T.B.LD. Furthermore, it is intended that
no properties located outside of the City of Bozeman will be included within the
District unless and until the property is annexed into the City of Bozeman. It is
also the intent of the City Commission that upon annexation any property or
structure, or part thereof, which will be used for the stated purposes described
above, shall also automatically become part of the Bozeman T.B.LD. at the time
such use commences within the City of Bozeman and therefore also be subject to
the assessments described in Section 6, below.
Section 4. Benefited Property. The territory included within the limits and boundaries described
in Section 3 and as shown on Exhibit "A" are hereby declared to be the Bozeman T.B.I.D., and it
is recognized those properties will benefit and be benefited by the Bozeman T.B.I.D., and as
such will be assessed for the costs of the Bozeman T.B.I.D.; and
Resolution 4172 Stating the City Commission's Intent to Create the Bozeman Tourism Business Improvement District
Pursuant to Title 7, Chpt. 12, Part 11, Montana Code Annotated
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Section 5. General Character of the Services to Be Performed. It is the intent of the City
Commission that the services to be performed by the Bozeman T.B.LD. will be the funding of all
uses and projects for tourism promotion within the City of Bozeman as specified in the Bozeman
T.B.LD. annual work plan and budget, once developed. It is also the intent of the City
Commission that the services will be designed to, among others, benefit local tourism and
lodging businesses within Bozeman and will 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.
Section 6. Assessment Methods; Property to Be Assessed. It is the intent of the City
Commission that the parcel upon which a facility, structure, or portion thereof having the use
described in Section 3, above, will be assessed one dollar ($1.00) per occupied room night for
the costs of operating the Bozeman T.B.I.D. These parcels will be assessed this amount for their
proportionate share of the costs of maintaining the activities of the Bozeman T.B.I.D. and such
assessments will fund the work plan for the first fiscal year and any fiscal year for which the
Bozeman T.B.I.D. continues in effect.
Section 7. Payment of Assessments; Records. It is the intent of the City Commission that the
assessments for the costs of maintaining the services provided by the Bozeman T.B.I.D. will be
payable, as prescribed in Section 7-12-1133(c), MCA. It is also the intent of the City
Commission to ensure the public has reasonable access to the records of the Bozeman T.B.I.D.
and also to ensure there is sufficient protection of the district members' trade secrets. It is
therefore the intent of the City Commission that the Board of Trustees for the Bozeman T.B.I.D.
adopt procedures balancing the right of the public to access to public records with the interest of
the member entities' right to maintain the confidentiality of their trade secrets.
Section 8. Duration of District. It is the intent of the City Commission that the Bozeman
T.B.LD. shall be in effect for a period of ten (10) years as prescribed in Section 7-12-1141,
MCA.
Section 9. Notice of Adoption of Resolution of Intent. Upon adoption of this Resolution of
Intent, the City Clerk shall prepare a Notice of Adoption. The Notice of Adoption of this
Resolution of Intent shall be published as provided in Section 7-1-2121, MCA, and a copy of the
Notice of Adoption must be mailed to every owner of property listed in on Exhibit B, which
comprises the properties within the Bozeman T.B.I.D. all as listed on the last completed
assessment roll for the state, county and school district taxes which mailing must be to the
owner's last known address, on the same day the Notice of Adoption is first published or posted.
Section 10. Public Hearing; Protests. At any time within fifteen (15) days from and after the
date of the first publication of the Notice of Adoption, which said date will be June 21, 2009, any
owner of real property within the proposed Bozeman T.B.I.D. subject to assessment for the cost
and expense of maintaining the Bozeman T.B.I.D. may make and file with the City Clerk until
5:00 p.m. on the expiration date of said 15-day period from June 22, 2009 through July 6, 2009,
Resolution 4172 Stating the City Commission's Intent to Create the Bozeman Tourism Business Improvement District
Pursuant to Title 7, Chpt. 12, Part 11, Montana Code Annotated
a written protest against the proposed Bozeman T.B.I.D. The date and hour of receipt of the
protest shall be endorsed thereon by the City Clerk. The Commission will, at a regular meeting
after the expiration of the above time period, proceed to publicly hear and pass upon all protests
so made and filed pursuant to Section 7-12-1114, MCA; which said regular meeting will be held
on Monday, July 6, 2009 at 6:00 p.m. in the Commission Room at the Bozeman City Hall, 121
North Rouse Ave., Bozeman, MT.
APPROVED by the City Commission of the City of Bozeman this 15th day of June, 2009.
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J F USS
Deputy Mayor
ATTEST:
A U EN, CMC
City C
TO FORM:
an City Attorney
Exhibit A: Map depicting the exterior limits and boundaries of the Bozeman T.B.I.D.
Exhibit B: List of all properties subject to the jurisdiction of the Bozeman T.B.I.D.
Resolution 4172 Stating the City Commission's Intent to Create the Bozeman Tourism Business Improvement District
Pursuant to Title 7, Chpt. 12, Par[ 11, Montana Code Annotated
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