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HomeMy WebLinkAboutResolution 4182 Creating Tourism Business Improvement District~- ~' COMMISSION RESOLUTION N0.4182 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA CREATING 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, on June 15, 2009, the Bozeman City Commission adopted Resolution 4172, a Resolution of Intent indicating the Commission's intention to create the Bozeman Tourism Business Improvement District (the "District") pursuant to the provisions of §7-12-1101, MCA, et seq., MCA; and WHEREAS, the recitals and items resolved by Resolution 4172 (attached as Exhibit A) are incorporated herein by reference as if part of this Resolution; and WHEREAS, the City Clerk published notice of passage of Resolution 4172 in compliance with Sect. 7-12-1112, MCA, by publishing the notice in the Bozeman Daily Chronicle on June 21 and June 28, 2009 and by sending the notice via certified mail to every owner of real property within the proposed District as indicated on amended Exhibit B from Resolution 4172; and WHEREAS, the Bozeman City Clerk indicates that the City Clerk is in possession of all return receipts of all certified letters sent or has direct knowledge the certified letters have been received by the intended recipients; and WHEREAS, Sect. 7-12-1113, MCA allows the owner of any property liable to be assessed to make a written protest against the extent or creation of the District or the amount to be assessed, or both, and, pursuant to Montana law and Resolution 4172, any owner duly noticed was required to submit that protest in writing and deliver it to the City Clerk no later than 5:00 p.m. on July 6, 2009; and WHEREAS, ~ protests were filed with the City Clerk as of the deadline on July 6, 2009 and are included herein by reference as Exhibits as labeled by the City Clerk at the hearing on July 6, 2009; and WHEREAS, Sect. 7-12-1114, MCA requires the Commission, after close of the protest period, to hold a hearing on any protests received during the protest period as described above and pass upon those protests and the Commission has done so; and Resolution 4182 Creating the Bozeman Tourism Business Unprovement District Pursuant to Title 7, Chpt. 12, Part 1 1, Montana Code Annotated Page 1 of 3 .r WHEREAS, the Commission has reviewed each and every protest received; and WHEREAS, the City Attorney notified the Commission the protests received do not meet the thresholds outlined in Sect. 7-12-1114(3), MCA; and WHEREAS, notice of the hearing held on adoption of this final Resolution was noticed in Resolution 4172, the notice of adoption that was published in the Bozeman Daily Chronicle and sent to each of the property owners listed on amended Exhibit B of Resolution 4172, and noticed on the agenda for this hearing as duly published in accordance with Montana law; and NOW THEREFORE BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: 1. The Commission hereby passes on all protests received and determines said protests are not of sufficient import to prevent the creation of the District and hereby overrules and denies any such protests; 2. The protests received do not met the three thresholds that would prevent the Commission from adopting this final Resolution ordering the creation of the district as required in Sect. 7-12-1114(3), MCA; 3. The Commission hereby adopts this final Resolution and orders creation of the district in accordance with Resolution 4172; 4. The Commission requests the City Attorney and City Clerk to prepare an Ordinance creating the Bozeman TBID in substantial conformance with Resolution 4172 and this Resolution; 5. The Commission requests the City Clerk immediately advertise pursuant to City of Bozeman standard practices for appointment of seven (7) trustees to the Bozeman TBID Board of Trustees who shall be owners of property within the district or their assignees; 6. The Commission shall appoint the Board of Trustees at the time the Commission adopts an Ordinance creating the Bozeman TBID; 7. The Commission requests the City Clerk to draft by-laws for the Board of Trustees to be approved by the Commission in conformance with Montana law and City of Bozeman requirements; 8. After adoption of an Ordinance creating the District, appointment of the Board of Trustees, and adoption by the Commission of by-laws for said Board, the Board shall, at Resolution 4182 Creating Use Bozeman Tourism Business Improvement District Pursuant to Title 7, Chpt. 12, Part 11, Montana Code Annotated Page 2 of 3 r" a time duly noticed and in a meeting open to the public, begin work on an annual budget and work plan in conformance with Sect. 7-12-1132, MCA, and at a time duly noticed and open to the public shall submit the annual budget and work plan for Commission approval and adoption; and 9. The Commission hereby notifies the Board of Trustees that the work plan and budget shall not be adopted unless the work plan and budget provide for adequate liability coverage insuring the district, the Board, and the City of Bozeman against legal liability for personal injury and property damage in an amount sufficient to cover the City of Bowman's statutory liability limits as stated in Sect. 2-9-108(1), MCA. APPROVED by the City Commission of the City of Bozeman this 6th day of July, 2009. KAAREN JACOB ON Mayor AT S CY LME ,CMC 'ty Cl k FORM: SULLIVAN ~n City Attorney Exhibit A: Resolution 4172. Exhibit B: Protests received by the City Clerk prior to 5:00 p.m., July 6, 2009. Resolution 4182 Creating the Bozeman Tourism Business hnprovement District Pursuant to Title 7, Chpt. 12, Pact 11, Montana Code Annotated Page 3 of 3