HomeMy WebLinkAboutResolution 4263 Re-Creating / Extending the Bozeman Downtown Business Improvement DistrictCOMMISSION RESOLUTION NO. 4263
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA RE-CREATING/EXTENDING THE BOZEMAN DOWNTOWN BUSINESS
IMPROVEMENT DISTRICT
WHEREAS, Ordinance No. 1517 created the Bozeman Downtown Business
Improvement District (the "District") and became effective on May 15, 2000;
WHEREAS, the current District is set to expire on the 10-year anniversary of its
creation pursuant to Section 7-12-1141, Montana Code Annotated;
WHEREAS, the current District Board of Trustees has asked landowners as set forth in
Exhibit B in which the boundaries match the boundaries of the current District, to consider re-
creating the District anew;
WHEREAS, several landowners, as defined by §7-12-1103, MCA in coordination with
the Downtown Bozeman Partnership have expressed the need for re-creating/extending the
Bozeman Downtown Business Improvement District, pursuant to the provisions of §7 -12- 1101,
MCA, el seq., MCA, to aid promote the health, safety, prosperity, security, and general welfare
of the inhabitants of the district and the people of Montana as well and to be of special benefit of
the property within the boundaries of the district; and
WHEREAS, Section 7-12-1111, MCA, allows the City Commission to create such a
district upon receipt of a petition signed by the owners of more than 60% of the area of the
property proposed in the petition to be included in such a district; and
WHEREAS, numerous owners of real property submitted petitions requesting the City
Commission create a Business Improvement District for the City of Bozeman (hereinafter
referred to as the "Bozeman Downtown B.I.D.") and were received by the City Clerk on
Wednesday, May 5 th and are located on file with the City Clerk; and
Resolution 4203 Re-create, extend the Downtown Business lurpro DiStT]Ct
Pursuant to Title 7, Clipt, 12, Part 11, Montana Code Annotated
Page 1 of 4
WHEREAS, the Bozeman City Attorney reviewed the petitions received and certified
before the Commission the petitions delivered to the City Clerk contained the signatures of
owners of more than 60% of the area of the property to be included within the proposed district
and,
WHEREAS, the City Commission, in order to promote the health, safety, prosperity,
security and general welfare of the potential members of the district and the citizens of Bozeman,
desires to levy assessments against certain tracts of land within the District as set forth in Exhibit
"B" that comprise the Bozeman Downtown B.I.D.; and
WHEREAS, pursuant to Section 7-12-1111 (2) and (3), MCA, the boundaries of the
proposed Bozeman Downtown B.I.D. comply with all applicable zoning regulations and no
property subject to the Bozeman Downtown B.I.D. is zoned primarily as a residential area; and
WHEREAS, Section 7- 12- 1111(1), MCA, requires that upon receipt of said petitions,
the City Commission shall establish a district pursuant to the provisions of Title 7, Chpt 12, Part
11, MCA, which requires adoption of a Resolution of Intent;
WHEREAS, the City Commission adopted said Resolution 4256 (Resolution of Intent)
on May 24,2010; and
WHEREAS, following adoption of Resolution 4256 the Bozeman City Clerk, as
required by Sect. 7-12-1112, MCA, published a Notice of Adoption of the Resolution of Intent
and mailed said notice to every owner of real property with the proposed district providing an
opportunity for the owners to protest creation of the proposed Bozeman Downtown B.I.D.; and
WHEREAS, during the statutory protest period which expired on June 14, 2010, two
protests to recreation of the District were received and are attached to this Resolution as Exhibit
C; and
WHEREAS, Sect. 7-12-1114, MCA, requires the Commission to hold a public hearing
on the protests received and to hear and pass on all protests; and
WHEREAS, the City Attorney has reviewed the protests received and certifies before
the Commission the protests do not meet the thresholds for barring Commission action listed in
Sect. 7-12-1114(3), MCA, as: (i) the total taxable value of the property whose owner protested
amounts to $8,032 (0.3% of the total taxable value of the proposed District); (ii) only two owners
out of the approximately 140 — 145 owners in the district submitted protests (approximately
1.4% of the total owners); and (iii) the projects assessments of those two property owners who
protested amounts to $702.63 per year out of a total annual assessment of $114,000.35 (0.6% of
the total projected assessment); and
Resolution 4263 Re-create) extend the Downtovoi Business Improvement District
Pursuant to I itle 7, Clipt 12, Part 11, Montana Code Annotated
Page 2 of 4
WHEREAS, Sect, 7 -12 -1115, MCA, states that if the Commission determines the
protests received are insufficient or overrules them, or when a protest against the District has
been heard and denied, the Commission has jurisdiction to order the creation of the District.
NOW THEREFORE BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1. Creation of the Bozeman Downtown Business Improvement District Bozeman
Downtown B.I.D.). The Bozeman City Commission creates the Bozeman Downtown B.I.D. and
declares the purposes for which the assessments collected by the Bozeman Downtown B.I.D.
shall be used are the statutory purposes set forth in Business Improvement District Law, Sections
7 -12 -1101 through 7 -12 -1144, MCA, for the funding of all uses and projects within the City of
Bozeman as specified in a future Bozeman Downtown B.I.D. annual work plan and budget and
as set out in Section 7 -12 -1133, MCA.
Section 2. Name of District. The District shall be known as the Bozeman Downtown Business
Improvement District (Bozeman Downtown B.I.D.).
Section 3. Limits and Boundaries of District The boundary of the Bozeman. Downtown
B.I.D. is shown on the map within Exhibit "A"
Section 4. Benefited ProgeM The properties included within the limits and boundaries of the
District as described in Section 3 and as listed on Exhibit "B" are hereby declared to be the
Bozeman Downtown B.I.D., and it is recognized those properties will benefit and be benefited
by the Bozeman Downtown B.I.D., and as such will be assessed for the costs of the Bozeman
Downtown B.I.D.; and
Section 5. General Character of the Services to Be Performed The services to be performed
by the Bozeman Downtown B.T.D. will be for the funding of all uses and projects within the
Bozeman Downtown B.I.D.as prescribed in Section 7 -12 -1133 MCA and as specified in the
Bozeman Downtown B.I.D. annual work plan and budget, once developed.
Section 6. Assessment Methods/Property to Be Assessed The assessment methods will be the
method authorized by Section 7 -12 -1133 (d), MCA. For the first three fiscal years (2011 -2013)
of the downtown business improvement district the total property owner assessment shall not
exceed $114,000.00; that for the fourth through seventh years (2014 -2017) the property owner
assessment shall not exceed $120,000.00; and finally, for the eighth through tenth years (2018-
2020) the property owner assessment shall not exceed $126,000.00. These assessment limitations
may be exceeded with a favorable vote by the owners of more than 60% of the area of the
property in the district.
Resolutmn 4263 Re- create; extend the DoNNntom Business Tntproti enient Dmrict
Pursuant to 75tle 7, C'hpt- 12, Fart 1 I. Montana Code Annotated
Page 3 of
Section 7. Duration of District. The Bozeman Downtown B.T.D. shall be in effect for a period
of ten (10) years as prescribed in Section 7 -12 -114 MCA.
Section 8. Adoption of Ordinance 1790. The Bozeman Downtown B.I.D. shall not be effective
until adoption by the City Commission of Ordinance 1790 and the passage of 30 days after final
adoption of said ordinance.
APPROVED by the City Commission of the City of Bozeman this :21 day of June 201
B
FOGY �rF,N
ty
JEFFRPV KAAACSS
Mayor
ROVED �S TO FORM:
1 17� 7
GRUG SULLIVAN
k ' /
Bozeman City Attorney
Exhibit A- Map of properties subject to the jurisdiction of the Bozeman Downtown B.I.D.
Exhibit B: List of all properties subject to the jurisdiction of the Bozeman Downtown B.I.D.
Exhibit C: Protests Received from the owner of the Hall Commercial Office Building and from
Clyde Robert Cox
Resolution 4263 Re-create extend the Do Business Improvement District
Pursuant to I itle 7, Chpt 1 Part 11, Montana Code Ajinotated
N-e 4 of 4
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June 10, 201
City of Bozeman do City Clerk
Attn- Stacy Ulmen
121 N. Rouse Avenue
Bozeman, MT 59715
c
'Mmcd
Re: NOTICE OF AJ)OTWON OF A RESOLUTION OF 111TENT TO RE-
CREATEWXMND THE BOZEMAN BUSINESS IMPROVEMENT
DIIINVUCT
Dear Ms. Ulmen,
As requested in the letter I received from the City regarding the subject above. I am
hereby submitting this formal protest against the re-creating/extension of the Bozeman
Downtown Business Improvement District- I am the current Owner of the following
property within the proposed district:
I am protesting the extension of the Bozeman BID primarily due to the high cost of
taxation that already exists within the City of Bozeman and we do not believe the benefits
of this BID have been realized to date.
Sincerely,
Mark Headley
7
do this VCS day of:� ,LIj- in the year 2010 before me the undersigned, a Notary
Public in and for saidate, personally appeared Mark Headley, known to me, to be the
individual whom executed this letter,
om
a
i�
Printed Name
Notary Public for the State of Montana
Residing at ? W.
My Commission Expires L— = n-
VC Nicola McDonnell
Notaty Public
T R .4 for tho We of montgna
Residin at:
S BOMMIM, Montana
MY c-OWMIalon EXPIMS.,
Febiuvy 18, 201
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