HomeMy WebLinkAboutSILD 685, Resolution 3879 (Baxter Meadows Subdivision Phases 2A-2D)
COMMISSION RESOLUTION NO. 3879
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 685 (BAXTER MEADOWS
SUBDIVISION PUD, PHASES 2A, 2B, 2C, AND 2D); 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. Passaae of Resolution of Intention. This Commission, on October 17, 2005,
adopted Resolution No. 3871 (the "Resolution of Intention"), pursuant to which this Commission declared
its intention to create a special lighting district, designated as Special lighting District No. 685 (Baxter
Meadows Subdivision PUD, Phases 2A, 2B, 2C, and 20) 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 Hearina. Notice of passage of the Resolution of Intention was
duly published, posted and mailed in all respects in accordance with law, and on November 7,2005, 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 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, no protests were filed with the City Clerk.
Section 4. Creation of the District: Insufficiencv 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
findings and determinations made in the Resolution of Intention are hereby ratified and confirmed.
Section 5. Preparation and Levvina of Assessments. It shall be the duty of the City Clerk to
prepare all necessary schedules and resolutions for the levying of 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 City Clerk 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. liahtina District Fund Established. There is hereby created a fund to be known as
the Special lighting District No. 685 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 the Fund and used to pay
costs of the Improvements.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, this 12th
day of December 2005. -;11 ~ ~
ATTEST: ~~ AN EW L. CETRARO, Mayor
R I L. ULLlV AN
City Clerk