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HomeMy WebLinkAboutBID Bylaws amended 03-10 Downtown Bozeman Business Improvement District BYLAWS th Adopted on the 19 day of September, 2007 th Amended on the 10 day of March, 2010 ARTICLE I = CREATION The Downtown Bozeman Business Improvement District, hereinafter referred to as the “BID”, was created May 1, 2000 by Bozeman City Commission Resolution No. 3361 and City of Bozeman Ordinance No. 1517 as passed, adopted and approved by the City Commission on May, 15 2000. ARTICLE II = OBJECTIVES The BID will serve a public use, and promote the health, safety, prosperity, security and general welfare of the downtown district. The purpose of the BID is to improve the retail marketing in the district, promote the private investment and business expansion of the district, the general management of the district, and other such functions as are authorized by, and necessary to carry out the purposes of Section 7-12-1102 Montana Code Annotated. ARTICLE III = MISSION STATEMENT The BID is an organization of downtown property owners who through thoughtful, pro-active collaboration and partnership with local government, business owners, residents and citizens strive to create a shared vision and voice for the community of downtown Bozeman. The BID will commit resources, identify, plan and act on short-term and long-term initiatives otherwise unavailable to individual owners. The BID has a goal of ensuring the long-term preservation and vitality of the city’s underlying economic, cultural, social and environmental assets and the BID will work together to keep our downtown a safe, beautiful and vibrant place [as adopted by the BID Board in November 2007]. ARTICLE IV = MEMBERSHIP A. Appointment Terms Pursuant to MCA 7-12-1121, the Board shall consist of not less that five (5) or more than seven (7) members to be appointed by the City Commission. Members of this Board shall serve four (4) year staggered terms. Initially, one (1) member shall be appointed for one (1) year terms, two (2) members appointed for two (2) year terms, two (2) members appointed for three (3) year terms, and the remaining two (2) members appointed for four (4) year terms. Upon expiration of the terms of office for the first appointees, and from that time hence, all terms shall consist of four (4) years. Each member may be reappointed without any limitation on the number of reappointments. Vacancies shall be filled in the same manner as original appointments for the balance of the term remaining. B. Qualifications Applicants for the Board shall be owners of property within the district. Pursuant to MCA 7-12-1103, “owner” is defined as: (1) a person whom appears in the legal title to real property by deed duly recorded in the county records; or (2) a person in possession of real property under claim of ownership for himself; or (3) as the personal representative, agent, or guardian of the owner. Preference to applicants shall be given based on the order stated above. Board members shall recommend potential applicants at the Board’s annual meeting if one or more Board members’ terms are scheduled to expire and those Board members have declined to reapply. C. Resignations Resignations from the Board shall be submitted in writing to the Chair, who will then notify the City Commission. The City Commission shall fill vacancies occurring on the Board within sixty (60) days. Such appointments shall be for the unexpired portion of the term. D. Removal from Office 1. Any appointee may be removed from office by a majority vote of the City Commission. 2. Three (3) unauthorized consecutive absences from regularly scheduled Board meetings shall be grounds for removal as a member of the Board. Such removal may be by action of the Board. Absences shall be authorized by the Chair or Vice-Chair. ARTICLE V = POWERS OF THE BOARD Pursuant to MCA 7-12-1131, the Board in administering the district has all powers necessary to carry out the functions of the district contained in the ordinance creating it, including the power to: 1. Sue and be sued, enter into contracts, and hire and terminate personnel needed for its purposes; 2. Provide special police, maintenance, or cleaning personnel for the protection and enjoyment of the general public using the business district; 3. Landscape and beautify public areas and to maintain those areas; 4. Contract with the governing body to maintain, operate, or repair public parking facilities; 5. Contract with the governing body to maintain streets, alleys, malls, bridges, ramps, tunnels, landscaping, and other public facilities as mutually agreed upon; 6. Promote private investment and business expansion in the district; 7. Provide for the management and administration of the affairs of the district; 8. 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 district; and 9. Perform such other functions as are necessary to carry out the purposes of this part and to further the objectives of the district. ARTICLE VI = OFFICE OF AGENCY AND STAFF SUPPORT The Board shall maintain its offices as part of the Downtown Partnership office. The Executive Director will be responsible for: 1) assisting the Board in the scheduling of meetings, distribution of agendas and meeting minutes; 2) providing notification of Board activities to interested parties; and 3) submitting financial reports at each meeting. The Executive Director and Program Director shall initiate, manage, and complete the programs and projects of the BID as directed by the Board. The Executive Director shall also serve as the Board’s liaison between City staff, the City Manager, the Parking Commission, and the City Commission. ARTICLE VII = OFFICERS AND THEIR DUTIES A. The Board shall elect from its voting members a Chair, Vice-Chair and Recording Secretary at its first regular meeting of each fiscal year. B. The Chair shall preside at all meetings of the Board and shall exercise the duties normally conferred by parliamentary procedure on such officers. The Chair may call special meetings, and generally perform other duties as may be prescribed by the Board or City Commission. The Chair shall initiate items for discussion and recognize all matters brought up for discussion before the Board. C. The Vice-Chair shall vote as a member of the Board. D. The Chair shall vote only to break a tie vote. E. The Vice-Chair shall have the authority to act as Chair in the absence or disability of the Chair. F. In the event of the absence of the Chair and Vice-Chair, the members of the Board shall select an acting Chair. G. The Recording Secretary shall be responsible for taking, preparing and distributing the minutes of all meetings. In the absence of the Recording Secretary, the Chair shall appoint any member present to act in the capacity of Recording Secretary. ARTICLE VIII = MEETINGS A. Schedule of Meetings The Board shall hold regularly scheduled meetings as frequently as necessary to fulfill its function and not less often than quarterly. A regular meeting place for the Board shall be established. B. Annual Meeting The Board shall schedule and hold an annual meeting either in place of the regularly scheduled meeting in March or April. The purpose of the annual meeting is to: (1) Identify potential Board applicant for pending vacant seats; (2) Elect Chairperson, Vice-Chairperson, and Recording Secretary for the upcoming fiscal year; (3) Establish goals and objectives for the coming fiscal year; and (4) Draft a preliminary budget based on said goals and objectives. C. Special Meetings The Chair of the Board or any three (3) members of the Board may call special meetings of the Board as needed. D. Quorum A majority of appointed members (50% or greater) shall constitute a quorum for the purposes of conducting business and exercising the powers and responsibilities of the BID and for all other purposes. E. Open Meetings and Documents All meetings, committee meetings and documents of the Board shall be open to the public. Reasonable public notice shall be given prior to meetings. F. Rules of Order Meetings of the Board shall be conducted according to all applicable rules and regulations of the city of Bozeman and according to Robert's Rules of Order, unless otherwise specified in these bylaws. A member of the Board or the staff person assisting the Board may be designated by the Board Chair to serve as parliamentarian. No action of the Board is official, however, unless authorized by a majority of members present at a properly called meeting for which a quorum is present. G. Conflict of Interest A member of the Board who has a financial interest in an item under consideration by the Board shall declare a conflict of interest and shall not participate in the discussion and vote taken on the item. Board members shall be bound by all applicable provisions of the Code of Ethics adopted by the City of Bozeman. In the event of disqualification from a conflict of interest, such fact shall be entered into the Minutes of the meeting. ARTICLE IX = OPERATING POLICY Property Owner Communications All property owners in the BID district shall be notified when there is a board vacancy. All property owners will be afforded the opportunity to apply for any vacant board positions or nominate potential board applicants. All property owners in the BID district shall be provided the drafts of the annual budget and work plan including notification of scheduled City Commission public hearing. All property owners in the BID district shall be provided the annual report. Discrimination Prohibited No person shall, on the basis of race, creed, sex, sexual preference, color, age, national origin, marital status, disability, religion, membership or any other constitutionally recognized right shall be excluded from membership or participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity acted upon by the Board. ARTICLE X = COMMITTEES Special committees may be appointed by the Chair for purposes and terms that the Board approves. ARTICLE XI = REPORTS Pursuant to MCA 7-12-1132, the Board shall submit a work plan and budget for the ensuing fiscal year to the City Commission for approval. A public notice shall be submitted and a public hearing shall be held regarding the work plan, budget, and subsequent levy of an assessment. After the hearing, the City Commission may modify the work plan and budget as it considers necessary and appropriate. ARTICLE XII = AMENDMENTS Bylaw amendments may be introduced in writing by any member of the Board at a regular meeting. Action by a majority of the Board on the amendments may be taken on second reading at any future regular meeting. Bylaws shall not be amended in conflict with City of Bozeman policies or ordinances, and the City Commission shall be provided with information copies of bylaw amendments.