HomeMy WebLinkAboutOrdinance 00- 1517, Creates business improvement district
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ORDINANCE NO. 1517
AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, CREATING A BUSINESS IMPROVEMENT DISTRICT IN
THE CITY'S DOWNTOWN AREA.
Preamble
As a result of inconsistencies in Title 7, Chapter 12, Part 11, Montana Code
Annotated, it is necessary to create the Business Improvement District proposed
under Commission Resolution No. 3357 by both resolution and ordinance.
Adoption of this ordinance as an emergency ordinance is needed for the usual
daily operation of a municipal department, and the ensure the health and safety
of the inhabitants of the community.
WHEREAS, pursuant to Title 7, Chapter 12, Part 11, Montana Code Annotated, the City
of Bozeman is authorized to create business improvement districts; and
WHEREAS, on the 6th day of December 1999, the Commission acknowledged receipt of
a petition for the creation of a Business Improvement District; and
WHEREAS, said petition contained the signatures of owners of more than 60 percent of
the area of the property to be included in the district; and
WHEREAS. on the 3rd day of April 2000, the Commission adopted Commission Resolution
No. 3357. stating its intention to create a Business Improvement District; and
WHEREAS, the notice was duly published and copies of the notice were duly mailed to
owners of real property within the proposed district, in accordance with Section 7-12-1112,
Montana Code Annotated; and
WHEREAS, on the 1st day of May 2000, the Commission conducted a public hearing on
intention to create a Business Improvement District; and
WHEREAS, one protest was received and was withdrawn during the public hearing.
NOW. THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman,
Montana:
Section 1
The City Commission of the City of Bozeman creates a Business Improvement District
which will serve a public use, and promote the health, safety, prosperity, security and general
welfare of the inhabitants thereof. The purpose of the Business Improvement District is to improve
retail marketing in the district, promote private investment and business expansion in this district,
the general management of the district, and such other functions as are authorized by, and
necessary to carry out the purposes of, Section 7-12-1102, Montana Code Annotated.
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Section 2
The boundaries of the district, as set forth in Exhibit" A", attached hereto, shall be as
follows:
Beginning at the intersection of the centerline of West Babcock Street and the
centerline of South Grand Avenue; thence extending eastward along the
centerline of Babcock Street to the intersection of the centerline of East Babcock
Street and the centerline of South Rouse Avenue; thence extending northward
along the centerline of Rouse Avenue to the intersection of the centerline of East
Mendenhall Street and the centerline of North Rouse Avenue; thence extending
westward along the centerline of Mendenhall Street to the intersection of the
centerline of West Mendenhall Street and the centerline of North Grand Avenue;
thence extending southward along the centerline of Grand Avenue to the
intersection of the centerline of West Babcock Street and the centerline of South
Grand Avenue, the point of beginning, excluding those properties whose
ownership is held on May 15, 2000, by government entities, by non-profit
ownerships having Section 501 (c)3 IRS approval, and properties whose primary
use is considered residential under the Bozeman zone code, more specifically
described as follows: Baxter Condominiums 3A ~ 3E, 4A - 4E, 5A ~ 5E, 6A -
6E; Lots 14 - 20 and the west 24 Y2 feet of Lot 21, Block A, Tracy's First
Addition; Hathhorn Condominiums A, B, C, E, G, and I; Lots 11 and 12, Block
S, Tracy's First Addition; Florence Condominiums 6 ~ 9; Lots 18 ~ 22, the South
Y2 of Lot 0 plus strip BI A in Block A, Original Plat; Lots 16 ~ 18 and part Lots
19 ~ 24, Block C, Original Plat; Part of Lot 29 and all Lots 30 and 31, Block C,
Original Plat; Lot 17 A and Lots 18 - 22, Block E, Original Plat; Lots 1 6 ~ 24,
Block F, Original Plat; and Condominium P5 of the Bozeman Multi~level Shopping
Complex.
Section 3
Said business improvement district shall have a duration of ten (10) years from the date
of its creation.
Section 4
Repealer.
All resolutions. ordinances and sections of the Bozeman Municipal Code and parts thereof
in conflict herewith are hereby repealed.
Section 5
Severability.
If any provisions of this ordinance or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance
which may be given effect without the invalid provision or application and, to this end, the
provisions of this ordinance are declared to be severable.
Section 6
Savings Provision.
This ordinance does not affect the rights or duties that matured, penalties and
assessments that were incurred or proceedings that begun before the effective date of this
ordinance.
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Section 7
Effective Date.
This ordirtance shall be in full force and effect immediately upon adoption.
PASSED. ADOPTED AND APPROVED by the City Commission of the City of Bozeman,
Montana, on second reading at a regular session thereof held on the 15th day of May 2000.
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MARCIA B. YOUN M , Mayor
ATTEST:
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ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
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