The boundaries of the district shall be all parcels, tracts, lots and blocks within the corporate limits of the City of Kalispell where a five or more room hotel is located and providing overnight stays as a lodging facility for transient patrons as its business. This description currently identifies those properties set forth on Exhibit "A" attached to the ordinance codified in this article and incorporated fully herein by this reference.
(Ord. 1675, 5-17-2010; amd. Ord. 1833, 1-6-2020)
A.
The Mayor, with the approval of the City Council, shall appoint seven owners of property within the district to comprise the Board of Trustees of the district.
B.
The Director for the Tourism Business Improvement District must be the executive director of a nonprofit convention and visitors bureau, as defined in MCA 15-65-101.
C.
The number of members of the Board, once established, may be increased to up to seven members from time to time by subsequent resolutions of the City Council of the local government. A resolution to reduce Board membership may not require resignation of any member prior to completion of his or her appointed term.
D.
Three of the members who are first appointed must be designated to serve for terms of one, two, and three years, respectively, from the date of their appointments, and two must be designated to serve for terms of four years from the date of their appointments. For a seven member commission, there must be two additional appointments for terms of two years and three years, respectively.
E.
After initial appointment, members must be appointed for a term of office of four years, except that a vacancy occurring during a term must be filled for the unexpired term. A member shall hold office until his or her successor has been appointed and qualified.
(Ord. 1675, 5-17-2010; amd. Ord. 1833, 1-6-2020)
A.
The City Council shall designate which member of the Board is to be the first chair. When the office of chair of the Board becomes vacant thereafter, the Board shall elect a chair from among its members. The term of office as chair of the Board, unless otherwise prescribed by the City Council, must be for one calendar year or for that portion thereof remaining after each chair is designated or elected.
B.
Members may receive no compensation.
(Ord. 1675, 5-17-2010; amd. Ord. 1833, 1-6-2020)
A member of a Board of Trustees may be removed by the Mayor with the consent of the City Council.
(Ord. 1675, 5-17-2010; amd. Ord. 1833, 1-6-2020)
The Board in administering the Business Improvement District has all powers necessary to carry out the functions of the district contained in this ordinance creating it, including the power to:
A.
Sue and be sued, enter into contracts, and hire and terminate personnel needed for its purposes;
B.
Provide special police, maintenance, or cleaning personnel for the protection and enjoyment of the general public using the Business District;
C.
Landscape and beautify public areas and to maintain those areas;
D.
Contract with the City Council to maintain, operate, or repair public parking facilities;
E.
Contract with the City Council to maintain streets, alleys, malls, bridges, ramps, tunnels, landscaping, and other public facilities as mutually agreed upon;
F.
Promote private investment and business expansion in the district;
G.
Provide for the management and administration of the affairs of the district;
H.
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
I.
Perform such other functions as are necessary to carry out the purposes of this part and to further the objectives of the district.
(Ord. 1675, 5-17-2010; amd. Ord. 1833, 1-6-2020)
A.
At a time determined by the City Council, the Board shall submit to the City Council for approval a work plan and budget for the ensuing fiscal year.
B.
Following public notice that a work plan and budget have been submitted and that the City Council will levy an assessment to defray the cost of the work plan and budget, the City Council shall hold a public hearing on objections to the work plan and budget. After the hearing, the City Council may modify the work plan and budget as it considers necessary and appropriate.
C.
After approval of the work plan and budget and to defray the cost thereof for the next fiscal year, the City Council shall by resolution levy an assessment upon all of the property in the district using as a basis one of the methods prescribed in MCA 7-12-1133.
D.
A copy of the resolution shall be delivered to the treasurer of Flathead County to be placed on the tax roll and collected in the same manner as other taxes.
(Ord. 1675, 5-17-2010; amd. Ord. 1833, 1-6-2020)
A.
At the same time the Board submits the annual budget and work plan to the City Council as provided in MCA 7-12-1132, the Board shall also recommend to the City Council a method of levying an assessment on the property within the district which will best ensure that the assessment on each lot or parcel is equitable in proportion to the benefits to be received.
B.
The City Council shall annually assess the entire cost of the district against the entire district using a method which best ensures that the assessment on each lot or parcel is equitable in proportion to the benefits to be received. In determining the method of assessment to be used, the City Council shall consider the recommendations of the Board.
(Ord. 1675, 5-17-2010; amd. Ord. 1833, 1-6-2020)
The City Council may not decrease the level of public services in the district existing prior to the creation of the district unless the services at the same time are decreased throughout the jurisdictional area of the City Council, nor may it transfer the financial burden of providing those services to the district. The City Council may not discriminate in the provision of publicly funded services between areas included in such district and areas not so included.
(Ord. 1675, 5-17-2010; amd. Ord. 1833, 1-6-2020)
The City Council may not approve the annual budget or the work plan submitted to it by the Board unless the annual budget and the work plan provide for liability insurance coverage insuring the district, the Board, and the City against legal liability for personal injury and property damage in an amount determined sufficient for that purpose by the City Council.
(Ord. 1675, 5-17-2010; amd. Ord. 1833, 1-6-2020)
An obligation or debt of any nature of the district is not an obligation or debt of the City and in no event is a debt or obligation of a district payable out of any funds or properties of the City. The debts and obligations of a district are payable solely from the funds and properties of the district.
(Ord. 1675, 5-17-2010; amd. Ord. 1833, 1-6-2020)