RESOLUTION NO. 19644 A RESOLUTION CREATING A TOURISM BUSINESS IMPROVEMENT DISTRICT IN THE CITY OF HELENA FOR THE PURPOSE OF PROMOTING TOURISM AND MARKETING THE CITY OF HELENA FOR CONVENTIONS, TRADE SHOWS, MAJOR SPORTING EVENTS, AND THE TRAVEL INDUSTRY. WHEREAS, pursuant to 7-12-1101, et seq., MCA, the City of Helena is authorized to create business improvement districts for the purpose of promoting tourism, conventions, trade shows, and travel to the city; and WHEREAS, the City of Helena has been presented with a petition signed by the owners of more than 60% of the area of the property proposed in the petition to be included within the district; and WHEREAS, the aforementioned petition requests that the City of Helena create a tourism business improvement district for up to ten (10) years, pursuant to 7-l2-ll0l, et seq., MCA; and WHEREAS, the boundaries of the District are those properties located within the corporate limits of the City of Helena that are occupied and used for the purpose of providing overnight stays at lodging facilities, excepting those properties located in an area zone primarily residential; and WHEREAS, a listing of each of the properties comprising the district are shown on Exhibit A attached hereto; and WHEREAS, the purpose of said tourism business improvement district is to promote tourism in the City of Helena through the 1
marketing of conventions, trade shows, and major sporting events that benefit the City of Helena and lodging businesses within the district; and WHEREAS, a public hearing was held on this matter on April 20, 2009, at 6:00 P.M. in the City Commission Chambers at 316 North Park Avenue, Helena, Montana. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF HELENA, MONTANA: Section 1. Creation of District: The Helena City Commission hereby creates a tourism business improvement district ( District ) pursuant to 7-12-1101, et seq., MCA. Section 2. Boundaries of District: The District includes all those properties within the corporate limits of the City of Helena engaged in the operation of providing overnight stays at lodging facilities as shown on the attached Exhibit A which by this reference is made a part hereof, except those properties located within any area zoned primarily residential. Section 3. Duration of District: The duration of the District is ten (10) years from the date of its creation. Section 4. Record Keeping and Reporting: A. For the first year, each property owner shall, on or 2
before August 1, report to the District of the total number of rooms occupied during the period from the date of this Resolution through June 30. The District will determine an average daily number of occupied rooms for each property from this report. The average daily number of occupied rooms will be multiplied by 240 days, and used to determine the amount of the assessment for calendar year 2009. The assessments will be levied against each property on its respective property tax bill. The first half of the assessment is payable as part of the property tax bill on or before November 30, 2009, and the second half is payable on or before May 31, 2010. B. For calendar year 2010, each property owner shall, on or before August 1, report to the District of the total number of rooms occupied from January 1, 2010 through June 30, 2010. The assessment is based upon the actual number of occupied rooms for each property. The assessments will be levied against each property on its respective property tax bill. The first half of the assessment is payable as part of the property tax bill on or before November 30, 2010 and the second half is payable on or before May 31, 2011. For each subsequent calendar year after 2010, each property owner shall 3
report on or before August 1 st of that calendar year the total number of rooms occupied from July 1 st of the previous calendar year through June 30 th. The assessment will be levied against each property on its respective property tax bill for that calendar year, with the first half payable as part of the property tax bill on or before November 30 th of that calendar year and the second half payable on or before May 31 st of the subsequent calendar year. C. Upon cessation of business for any reason, reports on number of occupied rooms accruing to that date are due immediately. The owner of every assessable property within the District shall keep and preserve, for a period of three (3) years, records as to the number of occupied rooms for the reporting periods of July 1 through June 30 for each of the three calendar years. D. If any property owner fails to file a required report or other statement with the District by August 1 st, the District may use as the assessment basis the total number of rooms maintained by the property owner for rent for the year, with no allowance for exempt or unoccupied rooms. The property owner may not appeal this estimate. 4
Section 5. Assessment and Payment: A. Each property in the District will be assessed on a per occupied room basis. The amount of the per occupied room rate will be determined annually using the District s proposed work plan and adopted budget. For the first year, the per occupied room rate is estimated to be $1.00. Per occupied room does not include stays by persons who are otherwise exempt from paying the lodging facility use tax, as provided in 15-65-101 through 15-65-136, MCA. B. By the 3 rd Friday in August, the District shall deliver the calculated assessment and property tax codes to the Administrative Services Department for the City of Helena to place the assessments on each property s annual property tax bill. C. Each property owner within the District shall pay the first half of its assessments as part of the property tax bill, which is due on or before 5:00 p.m. on November 30 th of each year or within 30 days after the tax notice is postmarked, whichever is later, and the second half on or before 5:00 p.m. on May 31 st of each year. Section 6. Appointment of Board of Trustees: The Board of 5
Trustees shall be composed of five owners of property within the District or their assignees. Upon passage of this Resolution, the Mayor, with approval of the City Commission, shall appoint the members of the Board of Trustees, in compliance with 7-12-1121, MCA. PASSED AND EFFECTIVE BY THE COMMISSION OF THE CITY OF HELENA, MONTANA, THIS 20 th DAY OF April, 2009. ATTEST: /S/ James E. Smith MAYOR /S/ Debbie Havens CLERK OF THE COMMISSION 6