HomeMy WebLinkAboutOrdinance 10- 1790, extend the Downtown Business Improvement DistrictORDINANCE NO. 1790
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AMENDING CHAPTERS 2.90 AND 3.22 OF
THE BOZEMAN MUNICIPAL CODE TO RECREATE /EXTEND THE
DOWNTOWN BUSINESS IMPROVEMENT DISTRICT
WHEREAS, on June 21, 2010, the City Commission of the City of Bozeman adopted
Resolution 4263, creating the Bozeman Downtown Business Improvement District; and
WHEREAS, pursuant to Sect. 7 -12- 1121(1), MCA, the City Commission, in addition to a
resolution as describe above, must adapt an ordinance to implement the Bozeman Downtown
Business Improvement District; and
WHEREAS, the recitals and findings made during adoption of Resolution 4263,
including those made in the adoption of Resolution 4256, a Resolution of Intent to
recreate /extend the Bozeman Downtown Business Improvement District, are hereby incorporated
as legislative findings for the adoption of this Ordinance,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That the Chapter 2.90. Bozeman Municipal Code, shall be amended as follows and any
section within not amended herein shall remain in effect:
Chapter 2.90
BUSINESS IMPROVEMENT DISTRICTS BOARDS OF TRUSTEES
Sections:
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2.90.010 Puq)ose and Intent
2.90.020 Bozeman Tourism Business Improvement District Board of Trustees
2.90.030 Bozeman Downtown Business Improvement District Board of Trustees
2.90.030 Bozeman Downtown Business Improvement District Board
A. Creation — Powers and Duties.
The Bozeman City Commission creates the Bozeman Downtown Business
Improvement District (BDBID) Board of Trustees and authorizes the BDBID
Beard of Trustees to exercise any of the following business improvement district
powers, in conjunction with administration of the BDBID 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 BDBID;
3. Hire and terminate personnel needed for its purposes;
4. Provide adequate liability insurance for the affairs of the BDBID;
S. Promote private investment and business expansion in the BDBID;
6. Provide for the management and administration of the affairs of the BDBID•
7. Promote business activity by advertising decorating, marketing and
ro otigg and managing events and other actions designed for the general
promotion of business activities in the BDBID;
8, Perform such other functions as are necessary to carry out the purposes of this
chapter and to further the objectives of the BDBID;
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 BDBID records and the protection of district members'
privacy and trade secrets to the extent allowable by Montana law and
10. Authorize the acquisition and disposal of real property upon the consent of the
City Commission.
B. Members — Appointments and Terms.
1. All appointments to the BDBID shall be made by the Bozeman Cit
Commission.
2. Upon creation, there shall be seven (7) members of the Board of Trustees and
there shall alwa s be at least five 5 but not more than seven 7 members of
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the Beard of Trustees for the BDBID amendable from time to time by dul r
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 ? and 3 years, resp ctiy
from the date of their a ointments two must be designated to
serve for terms of 4 wars from the date of their appointments. For
a seven- member board of trustees there must be two additional
appointments for terms oft years and 3 years respectively_.
3. Notwithstandin 2.90.030.B.2 the existin ,r terms of all current Board of
Trustee positions shall continue uninten gpted.
4. Each board member shall hold office until his or her successor has been
appointed and has qualified.
5. A board member shall receive no compensation for his or her service. Board
members shall be entitled to previously authorized_ expenses including
travelling expenses. incur? ed in the discharge of his or tier duties.
6, Any persons may appointed as board members but only if they are owners
of real property ubjec:t to the Jurisdiction of the BDBID or a formally
appointed re resentative of a real prop owner.
7. A board member be removed by the City C'ornmission for inefficienc
ne Iect of dut or misconduct in office.
C. ?Meeting- Election of Officers.
I . The BDBID Board of Trustees shall hold meetin >s as it deems necessary to
execute its powers and duties provided for in Section 2.90.030.A and Chapter
3.22 of this code.
2. The BDBID Board of Trustees shall adopt bylaws enabling it to elect officers
set officer terms and establish re 7ular meeting times.
D. Annual Budget, Work Plan /Recommendation on Assessment /Financial
Report.
1. The Board of Trustees shall annually complete ,.a financial report in
compliance with the requirements of Title 2. Chpt, 7, Part 5 MCA and
prov=ide a co to the City Commission. T
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2. Each year at a date and in a fornrat established by the Bozeman Finance
Director the Board of Trustees shall 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 flan and budget.
3. At the time the Board of Trustees submits an annual budget and work plan,
the board shall also submit a recommendation to the Bozeinan Cit
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.E, the Commission must adopt an ordinance amending said section.
4. The work plan budget shall comply with the rovisions and procedures of
Sect. 3.22.020.F.
E. Duration.
The Board of Trustees for the BDBID shall remain in effect as long as the BDBID
remains in effect..
F. Ethics Ordinance.
All board activities and members are subject to all other provisions of this code,
including Chpt. 2.01, Code of Ethics.
G. Liability/Property Insurance Required..
The Board of Trustees shall obtain liability insurance coverage, at the sole
expense of the BDBID insurin the BDBID the Board of Trustees and the Cit
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,
Section
That Chapter 3.22 of the Bozeman Municipal Code shall be amended by adding a new
Section 3.22.030.
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Chapter 3.22
Business Improvement District Programs
Sections:
3,22.010 Purpose and Intent
3,22.020 Bozeman Tourism Business Improvement District Program
3.21030 Bozeman Downtown Business Improvement District Pro rain
3.22.030 Bozeman Downtown Business Improvement District Pro ramp.
A. Creation of District.
The Bozeman City Commission creates and establishes the Bozeman Downtown
Business Improvement District (BDBID).
B. District to be Administered by Board of "Trustees.
Pursuant to Sect. 2.90.030 the affairs of the BDBID are to be administered by the
BDBID Board of Trustees.
C. Limits and Boundaries of District.
The properties of the BDBID shall include those within the boundaries as described
in Section 3 of Resolution 4263, adopted June 21, 2010, .
D. General Character of the Services to Be Performed.
The services to be perfoiined by the BDBID shall include the funding of all uses and
p rojects within the BDBID as specified in the annual work )lan and budget, as
required by Sect. 2.90.030.1) and as approved by the Bozeman City Commission. .
E. Assessments.
Each lot or parcel of land includin r the im )rovements on the lot or parcel shall be
assessed for that part of the whole cost of the district that its taxable valuation bears to
the total taxable v=aluation of the property of the BDBID and shall be as follows:
1. For the first three fiscal years 12011 -20I31 of the BDBID the total property
owner assessment shall not exceed $114,000.00;
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2. For the fourth through seventh fiscal years (2014- 2017) the assessment shall
not exceed S 120,000.00; and
3. For the ei 1hththrough tenth years (2018 - 20120) the assessment shall not
exceed $126,000.00.
These assessment limitations may be exceeded with a favorable vote or petition
by the owners of more than 60% of the area of the property in the BDBID.
F. Work Plan., Budget and Financial Report.
1. The Board of Trustees shall prepare a financial report in compliance with Title
2 Ch t. 7 Part 5 MCA,
2. The Board of Trustees for the BDBID shall annually prepare a work plan
and budget and submit the same to the Bozeman City Commission. The
Commission shall provide notice work plan and budget have been submitted
and shall hold a public hearing on to the work plan and budget and
may modify the work plan and budget as it considers necessary and
appropriate. Upon approval of the work plan and budget the Commission shall.
levy the assessments as described in Sect. 3.22.030.E.
G. Records /Trade Secrets /Privaoc N
Pursuant to Montana law, the public shall have reasonable access to the records of the
BDBID. To ensure there is sufficient protection of the trade secrets or privacy of an
property owner subject to this chapter the Board of Trustees shall adopt procedures
for creation and maintenance of records of the BDBID and procedures for balancing
the right of the public to access to said records with the interest of the property
owner's right to privacy or to maintain the confidentiality of any valid trade secrets.
These procedures shall be approved by the Bozeman City Attorney and incot
into the bylaws.
H. Duration of District
The BDBID shall remain in effect for 10 years from the effective date of Ordinance
1790 unless otherwise extended or modified by the Bozeman City Commission.
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Section 3
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 previsions of this ordinance shall remain in full
force and effect.
Section 4
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 5
Severability.
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 6
Codification Instruction.
The provisions of Sections 1 and 2 shall be codified as appropriate in Titles 2 and 3 of the
Bozeman Municipal Code.
ORDINANCE NO. 1790: Recreation Extension of the Bozeman Downto` m Business Improvement District
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Section 7
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 ? 1 " of June, 2010.
T
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A 1 !� lit,Ca1 I C
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APPROVED AS T O FORM-
SULLIVAN
Attorney
ORDINANCE NO, 1790: Recreation Extension of the Bozeman Do- wntown Business hnprovennent District
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FINALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading
at a regular session held on the 12th of July, 2010.
JEFF "87 K. kk USS
Mayor
e > s , "
BO
C
APPROVED AS TO FORM:
&REP SULLIVAN
ORDINANCE NO. 1700: Recreation Extension of the 1307emaii Downtown Busincs Imprownient District
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