HomeMy WebLinkAboutResolution 4136 Creation SILD 708, West Winds Subdivision Phase 5}
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COMMISSION RESOLUTION N0.4136
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 706
(WEST WINDS SUBDIVISION PHASE 5); CREATING THE DISTRICT FOR
THE PURPOSE OF INSTALLING AND MAINTAINING LIGHTING
IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION,
MAINTENANCE AND ENERGY THEREFOR TO BENEFITED PROPERTY
w 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 October 27, 2008, adopted Resolution No. 4134 (the "Resolution of
Intention"), pursuant to which this Commission declared its intention to create a special lighting district,
designated as Special Lighting District No. 708 (West Winds Subdivision Phase 5) 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 November 17, 2008, 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; 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 findings and determinations made in the Resolution
of Intention are hereby ratified and confirmed.
Section 5
Preparation and Lev~g 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
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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
Lighting District Fund Established
There is hereby created a fund to be known as the Special Lighting District No. 708 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
17t~' day of November 2008.
~,,D~..
KAAREN JACO ON
Mayor
ATTEST:
ACY LM N
City erk
APPROVED AS TO FORM:
~.~ c.
TI COOPER
Assistant City Attorney
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
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. 4136, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 708 (WEST WINDS
SUBDIVISION PHASE 5); 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. 4136 (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 17, .2008 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.
I further certify that, upon vote being taken on the Resolution at said meeting, the following
Commissioners voted in favor thereof: Crs. Krauss, Bryson, Becker, and Mayor Jacobson; voted
against the same: None; abstained from voting thereon: None; or were absent: Cr. Rupp.
WITNESS my hand officially this November 17, 2008.
STA LM N
City Clerk ~ -