HomeMy WebLinkAboutResolution 3987 SILD #692 Baxter Meadows Subdivision Ph 2 and 3
COMMISSION RESOLUTION NO. 3987
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO.
692 (BAXTER MEADOWS SUBDIVISION, PHASES 3 AND 6);
CREATING THE DISTRICT FOR THE PURPOSE OF INSTALLING
AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING
THE COSTS FOR INSTALLATION, MAINTENANCE AND ENERGY
THEREFORE 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 18, 2006,
adopted Resolution No. 3964 (the "Resolution of Intention"), pursuant to which this Commission
declared its intention to create a special lighting district, designated as Special Lighting District No.
692 (Baxter Meadows Subdivision, Phases 3 and 6) of the City (the "District':j;under Montana Code
Annotated, Title 7, Chapter 12, Part 43, as amended (the "Act"), for the pnipose of financing costs of
certain local improvements described generally therein (the "Impro:~eme~") ami paying costs
incidental thereto, including costs associated with the creation and ad.!IJ.inist{~jo~.?!~he District.
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Section 2. Notice and Public Hearing. Notice of passage of th~lqiioTt^of Intention
was duly published, posted and mailed in all respects in accordance with l~w:::-~~ Septeniber 18,
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2006, this Commission conducted a public hearing on the creation of the Dis..tJ:fd al'1d -the making of
the Improvements. The meeting ofthis 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 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.
Section 6. Lighting District Fund Established. There is hereby created a fund to be known
as the Special Lighting District No. 692 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 22nd day of January 2007.
ATIEST:
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ayor
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BRIT FONTENo""1' ':..' ,-'
City Clerk" : .--::: -
AS TO FORM:
CERTIFICA TE 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. 3987, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 692 (BAXTER
MEADOWS, PHASES 3 AND 6); 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. 3987 (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 January 22, 2007 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: Commissioners Kirchhoff, Jacobson, and Mayor
Krauss; voted against the same: Commissioners Becker and Rupp; abstained from voting thereon:
none; or were absent: none.
WITNESS my hand officially this 22nd day of January 2007.
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BRIT FONTENOT
City Clerk