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Return to: City Clerk 435 Ryman Missoula, MT 59802 RESOLUTION NUMBER 7576 A RESOLUTION OF THE MISSOULA CITY COUNCIL ESTABLISHING A TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID) CONSISTING OF NON-CONTIGUOUS HOTEL/MOTEL LANDS WHO HAVE VOLUNTARILY PETITIONED THE CITY OF MISSOULA TO ESTABLISH A TBID FOR THE PURPOSE OF AIDING TOURISM, PROMOTION, AND MARKETING WITHIN THE DISTRICT AND ALLOWING HOTELS/MOTELS OUTSIDE THE CITY LIMITS IN THE MISSOULA URBAN AREA TO DONATE FUNDS TO THE TOURISM BUSINESS IMPROVEMENT DISTRICT. WHEREAS, on October 4, 2010, the Missoula City Council adopted Resolution 7569, a Resolution of Intent indicating the Council’s intention to create the Missoula Tourism Business Improvement District (the “District”) pursuant to the provisions of §7-12-1101, MCA, et seq., and WHEREAS, the recitals and items resolved by Resolution 7569 are incorporated herein by reference as if part of this Resolution; and WHEREAS, the City Clerk published notice of passage of Resolution 7569 in compliance with Sect. 7-12-1112, MCA, by publishing the notice in the Missoula Independent on October 7 and 14, 2010, and by mailing a copy of the notice to every owner of real property potentially subject to assessments within the proposed District as indicated in Resolution 7569; and WHEREAS, Sect. 7-12-1113, MCA allows the owner of any property liable to be assessed to make a written protest against the creation of the District. Pursuant to Montana law and Resolution 7569, any owner duly noticed was required to submit that protest in writing and deliver it to the City Clerk no later than 5:00 p.m. on October 22, 2010; and WHEREAS, the City Clerk's office has received letters in protest of the district as follows: Number of owners Taxable Valuation Estimated assessments Number protesting 0 0 Not evaluated Total aggregated 0 0 Not evaluated Percentage 0% 0% Not evaluated WHEREAS, Sect. 7-12-1114, MCA requires the City Council, after close of the protest period, to hold a hearing on any protests received during the protest period as described above and pass upon those protests and the City Council has done so on October 25, 2010; and WHEREAS, there were no protests received to present to the City Council; and WHEREAS, the City Clerk notified the Council that no protests were received; thus the protest thresholds outlined in section 7-12-1114(3), MCA are not met; and ---PAGE BREAK--- NOW THEREFORE BE IT RESOLVED by the City Council of the City of Missoula, Montana: 1. The City Council hereby notes that no protests were received and determines that protests are not sufficient pursuant to Sect. 7-12-1114(3) and MCA to prevent the creation of the District. The City Council hereby finds there is no way of reasonably or fairly determining or estimating what the assessments for the individual properties will be and therefore this protest provision was not evaluated; and 2. The City Council hereby adopts this final Resolution and orders creation of the district for a period of ten years in accordance with Resolution 7569. The purpose, name, limits and boundaries of the district, benefitted properties, general character of the services to be performed, assessment methods and properties to be assessed, and duration of the district shall be carried out as set forth in Resolution 7569. A map of the properties currently included in the district is attached as Exhibit A and a list of the properties included in the district is attached as Exhibit B; and 3. In accordance with 7-12-1121 MCA, the City Council hereby establishes a five member Board of Trustees to oversee the affairs of the district. The TBID board of trustees will be comprised of five owners of property or their legally designated representatives within the district who are subject to TBID assessments. The Mayor will make the appointments with the advice and consent of the City Council. The Mayor will also designate the first chair of the Board of Trustees. Terms for the board of trustees will be staggered in accordance with §7-12-1121 and The director of the TBID will be the executive director of the Missoula Convention and Visitor's Bureau in accordance with §7-12-1121 The Mayor will appoint a non-voting ad hoc liaison to the board from the city to facilitate communication between the district trustees and the city. The TBID Board of Trustees is a public body, and the affairs of the district and of the board are subject to all statutory and constitutional laws pertaining to public bodies; and 4. The City Council hereby notifies the Board of Trustees that pursuant to section 7-12-1143 MCA, the annual work plan and budget shall not be adopted unless the work plan and budget provide for adequate liability coverage insuring the district, the Board, and the City of Missoula against legal liability for personal injury and property damage in an amount sufficient to cover the City of Missoula’s statutory liability limits as stated in Sect. 2-9-108(1), MCA.; and 5. The City Council hereby notifies the Board of Trustees that the obligations incurred by the district are not obligations of the local government. In accordance with §7-12-1144, the City Council declares that any obligation or debt of any nature of the TBID is not an obligation or debt of the local government that established the district, and in no event is a debt or obligation of the district payable out of any funds or properties of the local government. The debts and obligations of the TBID are payable solely from the funds and properties of the district. 6. The City Finance Director is hereby directed to establish the necessary accounts to administer the funds derived from TBID assessments. Severability. If any section, subsection, sentence, clause, phrase or word of this resolution is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this resolution. The council hereby declares that it would have passed this resolution and each section subsection, sentence, clause, phrase, and words thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words have been declared invalid or unconstitutional, and if for any reason this resolution should be declared invalid or unconstitutional, then the remaining resolution provisions will be in full force and effect. ---PAGE BREAK--- APPROVED BY THE CITY COUNCIL OF THE CITY OF MISSOULA, MONTANA this 25th day of October, 2010. ATTEST: APPROVED: Martha L. Rehbein John Engen Martha L. Rehbein, CMC John Engen City Clerk Mayor ---PAGE BREAK--- MULLAN RD SOUTH AVE W HIGHWAY 93 S S 3RD ST W HIGHWAY 10 W BROOKS ST RESERVE ST UPPER MILLER CREEK RD W BROADWAY HIGHWAY 200 RATTLESNAKE DR RUSSELL ST PATTEE CANYON RD E BROADWAY SPURGIN RD S HIGGINS AVE N RESERVE ST EXPRESSWAY GHARRETT ST HILLVIEW WAY GRANT CREEK RD SCOTT ST WHITAKER DR 23RD AVE JOHNSON ST RIVER RD TOWER ST S 5TH ST W ARTHUR AVE BANCROFT ST 39TH ST CLEMENTS RD MOUNT AVE LOWER MILLER CREEK RD LINDA VISTA BLVD SPEEDWAY AVE STEPHENS AVE LOLO ST N ORANGE ST S 5TH ST E RODGERS ST AIRWAY BLVD DUNCAN DR TOOLE AVE MARY JANE BLVD E SPRUCE ST 33RD AVE GARFIELD ST GRANT CREEK RD GRANT CREEK RD Tourism Business Improvement District Map—Exhibit A Legend Tourism Improvement District Parcels City Limits as of 06-21-2010 ---PAGE BREAK--- Tourism Business Improvement District Properties--Exhibit B Petitioned? Hotel Geocode AssessmentCode OwnerNamContractBuyer LegalDescription SquareFeet TaxableValue Address1 Address2 Address3 Taxable Value pro Owner Count Yes Best Western Grant C 220005303020000 [PHONE REDACTED] GRANT CREEK INN LLC TOWNE CENTER, S05, T13 N, R19 W, BLOCK XXX, Lot 005, TOWNE CTR TOWNE CEN 216145 153,548.00 $ 5280 GRANT CREEK RD MISSOULA MT 59808-1492 0 1 Yes Comfort Inn 220005301170000 [PHONE REDACTED] SUMMIT HOTEL PROPERTI S05, T13 N, R19 W, 5606, PARCEL 01A, TRACT 1A OF COS 5606 INCLUDING PORTIO 139828 159,298.00 $ 2701 S MINNESOTA AVE STE 6 SIOUX FALLS SD 57105-4746 0 Yes Courtyard by Marrio 220005301170000 [PHONE REDACTED] SUMMIT HOTEL PROPERTI S05, T13 N, R19 W, 5606, PARCEL 01A, TRACT 1A OF COS 5606 INCLUDING PORTIO 139828 159,298.00 $ 2701 S MINNESOTA AVE STE 6 SIOUX FALLS SD 57105-4746 0 1 Yes Doubletree Hotel 220022407010000 [PHONE REDACTED] MOTOR INN #6757 MCWHIRK ADD, S22, T13 N, R19 W, BLOCK HRT, Lot 0MC, MCWHIRK MC WHIRK-PL 214751 214,531.00 $ MAIL TO: G3011 AMERICAN WAY MISSOULA MT 59808-1921 0 1 Yes Hilton Garden Inn 220008203140000 [PHONE REDACTED] HOSPITALITY GROUP LP MISSOULA HILTON, S08, T13 N, R19 W, Lot 1, 284808 SQUARE FEET 284882 326,998.00 $ 3720 N RESERVE ST MISSOULA MT 59808-1518 0 1 Yes Holiday Inn Express 220022406240000 [PHONE REDACTED] SS VENTURES INN S22, T13 N, R19 W, TRACTS 1 & 2 OF COS 4403 IN SECTION 22, 13-19 103237 87,374.00 $ 6867 N ORACLE RD STE 101 TUCSON AZ 85704-4265 0 1 Yes Holiday Inn Downtow 220022207010000 [PHONE REDACTED] OULA HOTEL 2006 MISSOULA ORIGINAL TOWNSITE, S22, T13 N, R19 W, BLOCK 006, Lot 011, ORIG TNS 175895 161,087.00 $ 1720 S BELL DENVER CO 80222-4336 0 1 Yes Red Lion Inn 220021128010000 [PHONE REDACTED] ON INN MISSOULA WJ MCCORMICKS ADD, S21, T13 N, R19 W, BLOCK 049, Lot 011, MCCOR MC CORM 89167 68,558.00 $ 201 W NORTH RIVER DR STE 100 SPOKANE WA 99201-2262 0 1 Yes Staybridge Suites 220007101020000 [PHONE REDACTED] PROPERTIES LLC STAYBRIDGE, S07, T13 N, R19 W, Lot 3, 96039 SQUARE FEET 96050 100,656.00 $ 2235 E 25TH ST #200 IDAHO FALLS ID 83404 0 1 Total Taxable Value: 1,431,348.00 $ Number of property owners: 8 Properties located outside of district that are voluntarily participating Petitioned? Hotel Geocode AssessmentCode OwnerNamContractBuyer LegalDescription SquareFeet TaxableValue Address1 Address2 Address3 Yes Hawthorne Suites by 219901102040000 [PHONE REDACTED] IELD PROPERTIES LLC MISSOULA DEVELOPMENT PARK PH2 002, S01, T13 N, R20 W, BLOCK 009 153985 [PHONE REDACTED] HARLEQUIN CT MISSOULA MT 59808-9719 Yes Wingate Inn 219901102140000 [PHONE REDACTED] ULA VENTURES LLC MISSOULA DEVELOPMENT PARK PH2, S01, T13 N, R20 W, BLOCK 011, Lot 001, LOT 131987 [PHONE REDACTED] AIRWAY BLVD MISSOULA MT 59808-9720