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Page 1 of 3 Draft dated October 20, 2009 Copy for Discussion Only if sufficient protests are withdrawn to allow the district to proceed Return to: City Clerk 435 Ryman Missoula, MT 59802 RESOLUTION A RESOLUTION OF THE MISSOULA CITY COUNCIL ESTABLISHING A TOURISM BUSINESS IMPROVEMENT DISTRICT CONSISTING OF NON-CONTIGUOUS LANDS WITHIN THE CITY OF MISSOULA FOR THE PURPOSE OF AIDING IN TOURISM, PROMOTION, AND MARKETING WITHIN THE DISTRICT. WHEREAS, on September 14, 2009, the Missoula City Council adopted Resolution 7474, 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., MCA; and WHEREAS, the recitals and items resolved by Resolution 7474 are incorporated herein by reference as if part of this Resolution; and WHEREAS, the City Clerk published notice of passage of Resolution 7474 in compliance with Sect. 7-12-1112, MCA, by publishing the notice in the Missoulian on September 20 and 27, 2009, and by sending the notice via certified mail to every owner of real property potentially subject to assessments within the proposed District as indicated in Resolution 7474; 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 7474, 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 5, 2009; and ---PAGE BREAK--- Page 2 of 3 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 Not evaluated Total aggregated Not evaluated Percentage 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 5, 2009; and WHEREAS, the City Council has been presented with each and every protest received; and WHEREAS, the City Clerk notified the Council the protests received do not meet the thresholds outlined in Sect. 7-12-1114(3), MCA; and WHEREAS, notice of the hearing held on adoption of this final Resolution was noticed in Resolution 7474, the notice of adoption that was published in the Missoulian and sent to each of the property owners listed in Resolution 7474 and noticed on the agenda for this hearing as duly published in accordance with Montana law; and WHEREAS, since the City Council has adopted Resolution 7474, the resolution of intention to establish the District, the City of Missoula became aware of a newly established business that may potentially will be liable for assessments when the property owner submitted a protest against the creation of the district—the Clark Fork Inn; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Missoula, Montana: 1. The City Council hereby passes on all protests received and determines said protests enumerated in Exhibit A herein 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 7474. 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 Sections 2-10 of Resolution 7474. . Exhibit B ---PAGE BREAK--- Page 3 of 3 of Resolution 7474 is hereby amended to include the Clark Fork Inn and to remove the property owned by the North Reserve LLC. The Clark Fork Inn is potentially liable for TBID assessments because it rents out rooms by the week or night during the spring and summer months. The property owned by North Reserve LLC is actually a restaurant, not a hotel and will not be subject to assessments. Hutchins Hostel, a business that was established during the creation of the district. A map of the current city limits is attached as Exhibit A, and a revised list of the current properties that are subject to assessment is attached as Exhibit B; and 3. In accordance with 7-12-1121 MCA, the City Council hereby establishes a seven member Board of Trustees to oversee the affairs of the district. The TBID board of trustees will be comprised of seven 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 Finance DirectorTreasurer is hereby directed to establish the directed to establish the necessary accounts to administer the funds derived from TBID assessments. PASSED AND ADOPTED this _ day of 2009. ATTEST: APPROVED: Martha L. Rehbein John Engen City Clerk Mayor