HomeMy WebLinkAboutResolution 4006 Creation of SILD No. 690 Cattail Creek Sub Ph 2 & 3
COMMISSION RESOLUTION NO. 4006
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 690 (CATTAIL
CREEK SUBDIVISION, PHASES 2 & 3); 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. Passage of Resolution of Intention. This Commission, on FebI1.J.tiry 5, 2007, adopted
Resolution No. 3999 (the "Resolution of Intention"), pursuant to which tf11s Commjssion declared its
intention to create a special lighting district, designated as Special Lighting D~tr~o. 69&(Cattail Creek
Subdivision, Phases 2 and 3) of the City (the "District"), under Montana Code-:Annolat~d)..:r~1, Chapter
12, Part 43, as amended (the "Act"), for the purpose of financing costs of ce~!n -locaf 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 February 20, 2007, this
Commission conducted a public hearing on the creation of the District and the making of the hnprovements.
On February 26, 2007, this Commission conducted a second 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 Levving 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. 690 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 26th
day of February 2007.
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ATTEST:
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BRIT FONTf:N
City Clerk
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. 4006,
entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 690 (CA TT AIL CREEK SUBDIVISION,
PHASES 2 AND 3); CREATING THE DISTRICT FOR THE PURPOSE OF INSTALLING AND
MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR
INST ALLA TION, MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY
BY THE LEVY OF SPECIAL ASSESSMENT. 4006 (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 February 26, 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: Cr. Rupp, Cr. Jacobson, and Mayor Krauss; voted against the same:
Cr. Becker; abstained from voting thereon: none; or were absent: Cr. Kirchhoff.
BRIT FONTENOT
City Clerk
WITNESS my hand officially this February 26, 2007.
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