HomeMy WebLinkAboutAppointment to the Bozeman Tourism Business Improvement District Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Aimee Kissel, Deputy City Clerk
Stacy Ulmen, City Clerk
Chris Kukulski, City Manager
SUBJECT: Appointment to the newly created Bozeman Tourism Business
Improvement District (BTBID) Board of Trustees
MEETING DATE: August 31, 2009
AGENDA ITEM TYPE: Action Item
RECOMMENDATION: Appoint one member to a three year term on the newly created
Bozeman Tourism Business Improvement District (BTBID) Board of Trustees.
BACKGROUND: On July 27, 2009 the City Commission provisionally adopted
Ordinance No. 1765, creating a Tourism Business Improvement District with final adoption on
August 10, 2009. Six of seven vacancies were filled on August 10th, 2009. Board appointees
must either be a property owner within the District or the duly authorized designee of an owner
of property within the District. The applicant has been verified for this requirement.
According to Ordinance No. 1765, Section 2, there shall be added to Title 2 of the Bozeman
Municipal Code, the following Chapter:
Chapter 2.90
BUSINESS IMPROVEMENT DISTRICTS BOARDS OF TRUSTEES
Sections:
2.90.010 Purpose and Intent
2.90.020 Bozeman Tourism Business Improvement District Board of Trustees
2.90.010 Purpose and Intent
The purpose and intent of this chapter is to provide for boards of trustees for the several
business improvement districts within the City of Bozeman created pursuant to Title 7, Chpt. 12,
Part 11, MCA. 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 Chapter 3.22 of this code. Each board of trustees is a public body and shall comply
with all laws of the State of Montana regarding notice and opportunity to be heard, open
meetings, public participation, and maintenance of public records.
2.90.020 Bozeman Tourism Business Improvement District Board
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A. Creation – Powers and Duties.
The Bozeman City Commission creates the Bozeman Tourism Business Improvement
District (BTIBD) Board of Trustees and authorizes the BTIBD Board of Trustees to
exercise any of the following business improvement district powers, in conjunction with
administration of the BTBID created pursuant to Chpt. 3.22 of this code:
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
chapter and to further the objectives of the BTBID; and
9. Adopt bylaws, subject to the approval of the Bozeman 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 Montana law.
B. Members – Appointments and Terms.
1. All appointments to the BTBID shall be made by the Bozeman City Commission.
2. Upon creation, there shall be seven (7) members of the Board of Trustees and
there shall always be at least five (5) but not more than seven (7) members of the Board
of Trustees for the BTBID, amendable from time to time by duly adopted resolution of
the Bozeman City Commission.
The terms of the initial seven members shall be as follows:
three members to serve for terms of 1, 2, and 3 years, respectively, from the date of their
appointments, two must be designated to serve for terms of 4 years from the date of their
appointments. For a seven-member board of trustees, there must be two additional
appointments for terms of 2 years and 3 years, respectively.
3. Each board member shall hold office until his or her successor has been appointed
and has qualified.
4. A board member shall receive no compensation for his or her service. Board
members shall be entitled to previously authorized expenses, including travelling
expenses, incurred in the discharge of his or her 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
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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 BTIBD.
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 Section 2.90.020.A and Chapter
3.22 of this code.
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.
1. Each year, at a date and in a format established by the Bozeman Finance Director,
the Board of Trustees shall submit to the Bozeman City Commission a report of its
activities for the preceding year. In addition, the board shall, at the same time, submit to
the Bozeman City Commission, a work plan and budget for the ensuing fiscal year
pursuant to the requirements of Title 7, Chpt. 12, Part 11, MCA. The Bozeman 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 Bozeman City Commission on a
method of levying an assessment on the property within the BTBID pursuant to the
requirements of Title 7, Chpt. 12, Part 11, MCA. If the method of assessment is to be
different than that described in Sect. 3.22.020.F, the Commission must adopt an
ordinance amending said section.
3. The work plan and budget shall comply with the provisions and procedures of
Sect. 3.22.020.G.
F. Duration.
The Board of Trustees for the BTBID shall remain in effect as long as the BTBID
Remains in effect.
Ethics Ordinance.
All board activities and members are subject to all other provisions of this code, including Chpt.
2.01, 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, Chpt. 9, Part 1, MCA.
Applicant
Andrew Ash
ALTERNATIVES: As suggested by the City Commission.
Attachments: Board Application
Report compiled on: August 24, 2009
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