HomeMy WebLinkAbout04-29-14 attachment; Ordinance 1887 increasing the TBID levy from 1 to 2 dollars a night 5-5-14 FINAL/
ORDINANCE NO. 1887
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE BOZEMAN MUNICIPAL CODE, SECTION 2.06.1460.F INCREASING THE ASSESSMENT FOR THE
BOZEMAN TOURISM BUSINESS IMPROVEMENT DISTRICT FROM $1.00 TO $2.00 PER OCCUPIED ROOM NIGHT
WHEREAS, on July 6, 2009 the City Commission of the City of Bozeman adopted Resolution 4182
creating the Bozeman Tourism Business Improvement District (BTBID); and
WHEREAS, on July 27, 2009 the City Commission adopted Ordinance 1765 creating the BTBID program; and
WHEREAS,
Ordinance 1765 established a $1.00 per occupied room night assessment; and
WHEREAS, Ordinance 1765 was codified in the Bozeman Municipal Code (BMC) in 2.06.1460 as the Bozeman Tourism
Business Improvement District program and effective on September 10, 2009; and
WHEREAS, BMC Section 2.06.1460.F codifies the per occupied room night assessment in the amount of $1.00;
and
WHEREAS, on November 5, 2013, the BTBID Board determined it necessary to augment the current assessment in order to increase marketing dollars in an effort to remain competitive
with other Montana communities, some of which are contemplating increases to their occupied room night assessment; and
WHEREAS, on November 5, 2013, the BTBID Board approved a $1.00
increase to the $1.00 per occupied room night assessment for a recommended combined total assessment of $2.00 per occupied room night.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA:
Section 1
Section 2.06.14.F, Bozeman Municipal Code, shall be amended to read:
Assessments.
Finding the benefits derived by each property or facility are proportional, the city commission shall annually assess the entire cost of the BTBID against the BTBID in the amount of
$1.00 $2.00 per occupied room night. The properties to be assessed shall be those meeting the requirements of subsection D.2 of this section. The assessments described herein shall be
subject to the provisions of division 4 of this article. Certain occupied room nights are exempt from assessments under this division. These include:
Occupied room nights at facilities
that are otherwise exempt from paying a lodging facility use tax pursuant to MCA 15-65-101 through 15-65-136; and
Complimentary occupied room nights provided by a facility for no compensation.
Sec
tion 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. All other provisions of the
Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect.
Section 4
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 5
Codification.
This Ordinance shall be codified as appropriate in Section 1.
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 May 5, 2014.
____________________________________
Jeffrey K. Krauss
Mayor
ATTEST:
____________________________________
STACY ULMEN, CMC
City
Clerk
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 May 19, 201 4. The effective date
of this ordinance is June 19, 2011.
_________________________________
Jeffrey K. Krauss
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED
AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney