HomeMy WebLinkAboutResolution 4995 Creating SILD 751 for the New High School and Flanders Creek Subdivision UO
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RESOLUTION NO. 4995
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA,RELATING TO LIGHTING DISTRICT NO.751 NEW HIGH SCHOOL AND
FLANDERS CREEK SUBDIVISION CREATING THE DISTRICT FOR THE PURPOSE OF
MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF
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 February 11,2019,adopted Resolution No.
4994 (the "Resolution of Intention"), pursuant to which this Commission declared its intention to
create a special lighting district,designated as Special Lighting District No. 751 New High School
and Flanders Creek Sub 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,
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Resolution 4995, Creation ofSILD 751—New High School and Flanders Creek Subdivision
posted and mailed in all respects in accordance with law, and on March 11,2019,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, four protests were filed with the City Clerk. These protests
represent less than 1% percent of the total square footage of the properties within the proposed
district and less than 1% of the costs of the Improvements to be assessed against properties within
the District.
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 Levying 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.
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Resolution 4995, Creation ofSILD 751—New High School and Flanders Creek Subdivision
Section 6
Lighting District Fund Established. There is hereby created a fund to be known as the Special
Lighting District No. 751 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, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman,Montana, at a regular session thereof held on the 1 Ph day of March, 2019.
CHRIS MEHL
Deputy Mayor
ATTEST:
ROBIN CROUGH =U: `,� �:�.,r..•
City Clerk * ; __'.j .__ •�¢ -
1883
L • • . r••0 APP VED AST FORM:
G ULLIVAN
City Attorney
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Resolution 4995, Creation ofSILD 751—New High School and Flanders Creek Subdivision
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.4995 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 751 NEW HIGH
SCHOOL AND FLANDERS CREEK SUBDIVISION; CREATING THE DISTRICT FOR
THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING
THE COSTS FOR 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 March 11,2019 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: 1W/Y�1 �,1 Lb►yu�n t�iere i/S
VX� SS �( i vim „ j l RS\,�ejV4 voted against the same: ;
abstained from voting thereon: ; or were absent: M0t oy Wv,6(wc,
WITNESS my hand officially this 12th day of March,2019.
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ROBIN CROUGH •• �'
Y� r r ,=� •
City Clerk " U■ �� ,.. ■
9LL�ZIN CO- `
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