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Draft dated 2/18/2010 Resolution A RESOLUTION OF INTENTION TO EXTEND THE DURATION OF THE MISSOULA DOWNTOWN BUSINESS IMPROVEMENT DISTRICT FOR A PERIOD OF 10 YEARS AND SET A PUBLIC HEARING ON THE MATTER ON MARCH 22, 2010. WHEREAS, pursuant to 7-12-1101, et seq., MCA, the City of Missoula is authorized to create and extend the duration of business improvement districts; and, WHEREAS, the Missoula City Council adopted Resolution 6898 on April 4, 2005, establishing the Missoula Downtown Business Improvement District; and WHEREAS, in accordance with 7-12-1111 MCA, the City of Missoula has been presented with petitions requesting renewal of the district that are signed by more than the statutorily required 60%, of the area of the property to be included in the Business Improvement District, the exterior boundaries of which are shown on the attached Exhibit and which by this reference is made a part hereof; and, WHEREAS, the aforementioned petition requests that the City of Missoula create a business improvement district for a period of ten (10) years, pursuant to Section 7-12-1141, MCA; and WHEREAS, the proposed district as shown in Exhibit A meets the requirements of 7-12-1111 MCA because it complies with applicable zoning regulations, and the district does not include areas that are zoned primarily residential; and ---PAGE BREAK--- WHEREAS, the proposed annual assessments for the district are as follows: Type of Property Zone 1 Zone 2 All property not referred to below 200 plus 2.5% of the property’s taxable value $150 plus 2.0% of the property’s taxable value Land owned by the United States Federal Government Exempt Exempt City land $200 plus 2.5 cents per square foot $150 plus 2.5 cents per square foot City park land $200 plus 1.0 cent per square foot $150 plus 1.0 cent per square foot County Land $200 plus 2.5 cents per square foot $150 plus 2.5 cents per square foot Missoula Parking Commission $200 plus 2.5 cents per square foot $150 plus 2.5 cents per square foot Property zoned primarily residential which was deemed by the Council to be Missoula Zoning Districts R-1, R-2, and R-3 under the provisions of the former city zoning ordinance--Title 19 which was effective when this district was first established in 2005. Exempt Exempt Properties for which the property taxpayer has qualified for property tax assistance as provided by 15- 6-134 and 15-6-193, MCA. Exempt Exempt WHEREAS, the petitioners state the business improvement district will be created for the general purpose of promoting private investment and business expansion in the district and to implement the specific projects and programs to accomplish those purposes; and WHEREAS, in accordance with 7-12-1102 MCA, the Missoula City Council has determined that this purpose promotes the health, safety, prosperity, security and general welfare of the inhabitants of the City of Missoula and the proposed district, the people of the state of Montana, and provides special benefit to the property located within the boundaries of said proposed district as shown on the attached Exhibit NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MISSOULA, MONTANA: Section 1. That the Missoula City Council intends to create a business improvement district pursuant to Section 7-12-1101, et seq., MCA. ---PAGE BREAK--- Section 2. Said business improvement district would have boundaries as shown on the attached Exhibit which, by this reference, is made a part thereof, provided, however, that all property owned by the United States Federal Government pursuant to federal prohibition on state or local entities imposing assessments on federal government is specifically excluded from the business improvement district and is exempt from its assessments. Section 3. The City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Missoulian, a newspaper of general circulation in Missoula County on March 7, 2010 and March 14, 2010, in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation owning real property within the District listed in his or her name upon the last completed assessment roll for state, county, and school district taxes, at the owners last-known address, on or before the same day such notice is first published. Section 4. Any owner of property liable to be assessed may make written protest against the extent or creation of the district to be assessed, or both. The protest must be in writing and must be delivered to the governing body or its clerk, not later than 5 p.m. of the last day within 15 days after the date of the first publication of the notice of the resolution of intention which is March 22, 2010 at 5:00 p.m. The date and hours of receipt of the protest shall be endorsed thereon. Section 5. A public hearing shall be held on this resolution of intention at 7:00 p.m. on the 22nd day of March, 2010, in the City Council Chambers, 140 W. Pine St., Missoula, Montana. Section 6. In accordance with 7-12-1114 MCA, the Missoula City Council will proceed to hear and pass upon all protests at their regular meeting of March 22, 2010. Its decision shall be final and conclusive. The City Council may adjourn the hearing from time to time. A protestant shall have the right to withdraw a protest at any time before final action thereon by the City Council. No further action shall be taken upon the proposed district for 1 year if a written protest against the passage of the proposed resolution is filed by: owners of property within the proposed district having a taxable valuation, when aggregated, representing not less than 50% of the total taxable valuation of property within the district; not less than 50% of the owners of property within the district; or owners of property within the proposed district having projected assessments, when aggregated, representing not less than 50% of the total projected assessments for property within the district. Section 7. If the creation of the Business Improvement District is successful, the district will be governed by a board of trustees in accordance with 7-12-1121 MCA comprised of 7 owners of property within the district to include designated representatives from the following: 1. Representative of Zone 1 2. Representative of Zone 2 3. Representative of Property south of the Clark Fork River 4. Large Property Representative (greater than 20,000 square feet) 5. Small Property Representative (less than 20,000 square feet) 6. Representative from the City of Missoula 7. One additional Representative ---PAGE BREAK--- PASSED AND ADOPTED this day of 2010 ATTEST: APPROVED: Martha L. Rehbein, CMC John Engen City Clerk Mayor