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HomeMy WebLinkAboutResolution 3747 Creation of Lighting District 680 Baxter Meadows Subdivision PUD Phase 1 COMMISSION RESOLUTION NO. 3747 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 680 (BAXTER MEADOWS SUBDIVISION PUD, PHASE 1); CREATING THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION, MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the "Commission") of the City of Bozeman, Montana (the "City"), as follows: Section 1. Passage of Resolution of Intention. This Commission, on September 27, 2004, adopted Resolution No. 3728 (the "Resolution of Intention"), pursuant to which this Commission declared its intention to create a special lighting district, designated as Special Lighting District No. 680 (Baxter Meadows Subdivision PUD, Phase 1) of the City(the "District"), under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended (the "Act"), for the purpose of financing costs of certain local improvements described generally therein (the "Improvements")and paying costs incidental thereto, including costs associated with the creation and administration of the District. Section 2. Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published, posted and mailed in all respects in accordance with law, and on October 18, 2004, this Commission conducted a public hearing on the creation of the District and the making of the Improvements. The meeting of this Commission at which this resolution was adopted is the first regular meeting of the Commission following the expiration of the period ended 15 days i. after the first date of publication of the notice of passage of the Resolution of Intention (the "Protest Period"). Section 3. Protests. Within the Protest Period, one protest was filed with the Clerk of the Commission and not withdrawn by the owner of property in the District subject to assessment for 1.7% of the total costs of the Improvements. Section 4. Creation of the District: Insufficiency of Protests. The District is hereby created on the terms and conditions set forth in, and otherwise in accordance with,the Resolution of Intention. The protests against the creation of the District or the making of the Improvements filed during the Protest Period are hereby found to be insufficient. The findings and determinations made in the Resolution of Intention are hereby ratified and confirmed. Section 5. Preparation and Levying of Assessments. It shall be the duty of the Clerk of the Commission to prepare all necessary schedules and resolutions for the levying of i assessments in the District necessary to finance the Improvements and present such resolution to this Commission for adoption in conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October. The Clerk of the Commission is authorized to provide notice of the resolution of assessment and schedule a public hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and upon final passage of such resolution deliver it to the City Treasurer. Section 6. Lighting District Fund Established. There is hereby created a fund to be known as the Special Lighting District No. 680 Fund (the "Fund"). All money derived from the ! collection of the assessments as provided in Section 5 herein and the Act shall be deposited in f the Fund and used to pay costs of the Improvements. r r r PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,this 1 st day of November 2004. AN EW L. CE ARO, Mayor ATTEST: o '�'/ '.J-W'e' R08IN L. SULLI AN Clerk of the Commission APPROVED AS TO FORM: TIMOTHY A. MOPER Acting City Attorney i I l II i u t h I� a CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE r I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the "City"), hereby certify that the attached resolution is a true copy of Resolution No. 3747, entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 680 (BAXTER MEADOWS SUBDIVISION PUD, PHASE 1); CREATING THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION, MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT." (the "Resolution"), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on November 1, 2004, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. further certify that, upon vote being taken on the Resolution at said meeting, the f' following Commissioners voted in favor thereof: Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff Commissioner Hietala and Mayor Cetraro ; voted against the same: None ; abstained from voting thereon: None ; or were absent: None WITNESS my hand officially this 1 st day of November 2004. Clerk of the Commission i 4 l Ji N;