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1 RESOLUTION 05-18364 A RESOLUTION CREATING A BOARD OF TRUSTEES FOR BILLINGS BUSINESS IMPROVEMENT DISTRICT NO. 0001, APPOINTING THE INITIAL TRUSTEES AND SPECIFYING THE POWERS AND DUTIES OF THE BOARD WHEREAS, the Billings City Council created Business Improvement District No. 0001 on August 22, 2005 by approving Resolution No. 05-18328, and WHEREAS, according to Montana State Code 7-12-1121 MCA, a Board of Trustees must be created to govern the District and five to seven Trustees must be appointed to govern any Business Improvement District, and WHEREAS, the Downtown Billings Partnership submitted the names of seven proposed Trustees for appointment to the Board of Trustees, all of whom are property owners within the District, and WHEREAS, Mayor Charles F. Tooley recommends that the Billings City Council create the Board of Trustees and confirm the appointment of seven Trustees named below. BE IT RESOLVED by the City Council of the City of Billings (the “City”), Montana, as follows: Section 1. Business Improvement District No. 0001 Board of Trustees: The Business Improvement District No. 0001 Board of Trustees is hereby created. There shall be seven Trustees. Section 2. Board Appointments: The initial Board of Trustees for Business Improvement District No. 0001 shall be as follows and their terms shall be as shown. All terms begin January 1, 2006. After the initial term, all subsequent Trustees shall be appointed to four year terms, except that a vacancy occurring during a term will be filled for the unexpired term. The unexpired term shall be filled in the same manner as other vacancies. The initial Board Chair shall be who shall serve a one year term. Subsequent Chair persons shall serve one year terms and shall be selected by the Board. Trustee Name Initial Term Brad Anderson 1 year Michelle Cormier 2 years Michael Gray 2 years Normal Miller 3 years Billie Ruff 3 years Mike Schaer 4 years Steve Wahrlich 4 years ---PAGE BREAK--- 2 Section 3. Powers and Duties of Trustees. The appointed Trustees shall have the powers and duties set out in Sections 7-12-1121 through 7-12-1133, M.C.A. and any other applicable laws, ordinances or regulations. The Board of Trustees shall submit to the City Council for approval a work plan and budget for the ensuing fiscal year no later than the last day of February preceding the beginning of the fiscal year for which the work plan and budget apply. The City Council may modify the work plan and budget as it considers necessary and appropriate. APPROVED by the City Council of the City of Billings, Montana this 11th day of October, 2005. THE CITY OF BILLINGS: Charles F. Tooley, Mayor ATTEST: By: Marita Herold, CMC/AAE City Clerk