HomeMy WebLinkAboutResolution 4015 Final Creation of SILD #697 Alder Creek Subdivision Phase 3
COMMISSION RESOLUTION NO. 4015
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 697
(ALDER CREEK SUBDIVISION, PHASE 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.
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 CommissioJi;on A.pril9, 2007, adopted
Resolution No. 4011 (the "Resolution of Intention"), pursuant to which thIs COF1mission declired its
intention to create a special lighting district, designated as Special Lightin,geDtsffif""-Nu. 697 (Alder
Creek Subdivision, Phase 3 ) of the City (the "District"), under Montana ~::.A.n~ated, Title 7,
Chapter 12, Part 43, as amended (the "Act"), for the purpose of financlng.~o~t~ 9fceI1.ein local
improvements described generally therein (the "hnprovements") and payihgCo~is liiCidentul 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 April 9, 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; 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. 697 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
ih day of May 2007.
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ATTEST:
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BRIT FONTEN01: :..:. ;=
City Clerk ". ~ ~ : /'<, .
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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. 4015, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 697 (ALDER CREEK
SUBDIVISION PHASE 3); CREA TING 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. 4015 (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 May 7, 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. Kirchhoff, Cr. Jacobson, and Mayor Krauss; voted against
the same: Cr. Becker and Cr. Rupp; abstained from voting thereon: none; or were absent: none.
WITNESS my hand officially this May 7,2007.
S,ool<.dale Onvs
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Time: 11/02/05 11 :31 :36
Session: J :\COMMON~ 1 \GTVIEW~ 1 \BOZEMA~ l.GTS
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