HomeMy WebLinkAboutResolution 4000, Creation of SILD No. 689 Diamond Estates #2 Phases 1 and 2
COMMISSION RESOLUTION NO. 4000
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO.
689 (DIAMOND ESTATES #2 PHASES 1 AND 2); 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 oflntention. This Commission, on January 16, 2007,
adopted Resolution No. 3991 (the "Resolution of Intention"), pursuant to which this Commission
declared its intention to create a special lighting district, designated as Spyci,!l L'ightjng District No.
689 (Diamond Estates #2, Phases 1 and 2) of the City (the "Distriet~,):U"nder Montana Code
Annotated, Ti tIe 7, Chapter 12, Part 43, as amended (the" Act"), for t~~urpo~-Qf financing costs of
certain local improvements described generally therein (the "lmprovemenls':) and paying costs
incidental thereto, including costs associated with the creation and ad~i:ofl:Qf the District.
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Section 2. Notice and Public Hearing. Notice of passage of the R..esoiiition of Intention
was duly published, posted and mailed in all respects in accordance witli-l.a:W-,-.a_~(;L4)fl-February 5,
2007, 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 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. 689 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 5th day of February 2007.
ATTEST:
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BRIT FONJ~ ~- -
City Clerk --
APPROVED AS TO FORM: