HomeMy WebLinkAboutOrdinance 09- 1776 Amending Section 3.22.020.F to create exemptions for BTBID d
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ORDINANCE NO. 1776
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AMENDING SECTION 3.22.020.F OF THE
BOZEMAN MUNICIPAL CODE TO CREATE EXEMPTIONS FOR
CERTAIN OVERNIGHT STAYS FROM THE ASSESSMENTS OF THE
BOZEMAN TOURISM BUSINESS IMPROVEMENT DISTRICT.
WHEREAS, on July 6, 2009, the City Commission of the City of Bozeman adopted
Resolution 4182, creating the Bozeman Tourism Business Improvement District (the "District
and
WHEREAS, the City Commission adopted Ordinance 1765 creating the Bozeman
Tourism Business Improvement District and administrative and operational procedures; and
WHEREAS, the District desires to amend 3.22.020.F, BMC, to clarify that facilities
exempt from the requirements of the Montana Lodging Facility and Use Tax, under Title 15,
Chpt. 65, Part 1, MCA, are exempt from the assessments of the District and that complimentary
overnight stays where no compensation is given for the room are also exempt from assessments;
and
WHEREAS, the City Commission intends this Ordinance to apply to all assessments to
be collected from qualifying facilities beginning November 1, 2009.
ORDINANCE NO. 1776: Amending the Bozeman Tourism Business Improvement District's Operational and
Administrative Procedures to Create Certain Exemptions from Assessments
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That 3.22.020.F, BMC, shall be amended as follows:
F. Assessments.
Finding the benefits derived by each property or facility are proportional, the
Bozeman City Commission shall annually assess the entire cost of the BTBID against
the BTBID in the amount of one dollar ($1.00) per occupied room night. The
properties to be assessed shall be those meeting the requirements of Sect.
3.22.020.D.2. The assessments described herein shall be subject to the provisions of
Chpt. 3.04 of this code. Certain occupied room nights are exempt from assessments
under this cha ter. These include: i occu ied room nights at facilities that are
otherwise exempt from paying a lodging facilily use tax pursuant to sections 15 -65-
101 throu h 15 -65 -136, MCA; and (ii) complimentary occupied room nib
p rovided by a facility for no compensation.
Section 2
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.
Section 3
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 4
Severability.
ORDINANCE NO. 1776: Amending the Bozeman Tourism Business Improvement District's Operational and
Administrative Procedures to Create Certain Exemptions from Assessments
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FINALLY 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 7th day of
December, 2009. The effective date of this ordinance is the 6th day of January, 2010.
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KAAREN JACOB N, Mayor
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APPROVED S TO FORM:
GR G SULLIVAN
Cit Attorney
ORDINANCE NO. 1776: Amending the Bozeman Tourism Business Improvement District's Operational and
Administrative Procedures to Create Certain Exemptions from Assessments
Page 4 of 4
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 5
Codification Instruction.
The provisions of Section 1 shall be codified as appropriate in Chapter 3.22 of the
Bozeman Municipal Code.
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 23rd of November, 2009.
KAAREN JAC SON, Mayor
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ORDINANCE NO. 1776: Amending the Bozeman Tourism Business Improvement District's Operational and
Administrative Procedures to Create Certain Exemptions from Assessments
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