HomeMy WebLinkAboutResolution 4066 Relating to Lighting District No. 703 Loyal Garden Subdivision 1A & 1B
COMMISSION RESOLUTION NO. 4066
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, RELATING TO LIGHTING DISTRICT NO. 703 (LOYAL
GARDEN SUBDIVISION PHASES lA & IB); CREATING THE DISTRICT FOR
THE PURPOSE OF INST ALLING 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:-
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Section 1. Passage of Resolution of Intention. This CommissiOl'l; 6ft Aug~$f)O, 2007, adopted
Resolution No. 4056 (the "Resolution of Intention"), pursuant to which this (A)~nmission declared its
intention to create a special lighting district, designated as Special Lighting District N\). 703 (Loyal Garden
Subdivision Phases 1A & 1B) of the City (the "District"), under Montana Code Annotated, Title 7, Chapter
12, Part 43, as amended (the "AcC), 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 Hearing. Notice of passage of the Resolution oflntention was duly
published, posted and mailed in all respects in accordance with law, and on September 10, 2007, this
Commission conducted a public hearing on the creation ofthe 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 ofIntention. 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. 703 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 10lh
day of September 2007.
ATTEST:
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. 4066,
entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT 703 (LOYAL GARDEN SUBDIVISION
PHASES lA & IB); 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. 4066 (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 September 10, 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 mecting, the following
Commissioncrs votcd in favor thcrcof: Crs. Kirchhoff, Rupp, Jacobson, and Mayor Krauss; voted against
the same: none; abstained from voting thereon: none; or were absent: Cr. Bccker.
WITNESS my hand officially this September 10,2007.
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I,OYAL CARDEN LlGH11NG PLAN MAY 2007