HomeMy WebLinkAboutResolution 3923 Creating Lighting District 687 Harvest Creek
COMMISSION RESOLUTION NO. 3923
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 687 (HARVEST CREEK
SUBDIVISION, PHASES 6-11); 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. Passaqe of Resolution of Intention. This Commission, on June 5, 2006, adopted
Resolution No. 3921 (the "Resolution of Intention"), pursuant to which this Commission declared its intention
to create a special lighting distnct, designated as Special Lighting District No. 687 (Harvest Creek
Subdivision, Phases 6-11) 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 HearinQ. Notice of passage of the Resolution of Intention was duly
published, posted and mailed in all respects in accordance with law, and on June 26, 2006, 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; I nsufficiencv 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 Levvinq 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. Liqhtinq District Fund Established. There is hereby created a fund to be known as the
Special Lighting District No. 687 Fund (the "Fund"). All money denved 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 26th day
of June 2006.
BRIT FONTENOT
City Clerk
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. 3923,
entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
RELATING TO LIGHTING DISTRICT 687 (HARVEST CREEK SUBDIVISION, PHASES 6-11); 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. 3923 (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 June 26, 2006 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 notas 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: Commissioners Sean Becker, Jeffrey Rupp, Steve Kirchhoff and
Mayor Jeffrey Krauss; voted against the same: none; abstained from voting thereon: none; or were absent
Commissioner Kaaren Jacobson.
WITNESS my hand officially this June 26, 2006