HomeMy WebLinkAboutOrdinance 14- 1887 Amending the BMC increasing the Assessment for the TBID so
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 contemplating increases to their occupied room
night assessments; 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.
ORDINANCE NO. 1887
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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 ene two dollars ($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:
1. 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
2. Complimentary occupied room nights provided 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. 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
ORDINANCE NO. 1887
Page 2 of 4
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 on July 1, 2014.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on May 5, 2014.
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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 May 19,
2014. The effective date of this ordinance is July 1, 2014.
L.
Jeff K auss'
Ma o
ATTEST:
ORDINANCE NO. 1887
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•
�1rN Co APPR ED AS TO ORM:
GAOG U L VAN
City Attorney
ORDINANCE NO. 1887
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