HomeMy WebLinkAboutResolution 4102 Creating SILD Special Improvement Lighting District No. 704 Baxter Square Subdivision Phases 1-4COMMISSION RESOLUTION N0.4102
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 704
(BAXTER SQUARE SUBDIVISION, PHASES X-4); CREATING THE
DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING
IMPROVEMENTS AND ASSESSING THE COSTS FOR 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 April 21, 2008, adopted
Resolution No. 4099 (the "Resolution of Intention"), pursuant to which this Commission declared its
intention to create a special lighting district, designated as Special Lighting District No. 704 (Baxter
Square Subdivision, Phases 1-4) of the City (the "District"), under Montana Code Annotated, Title 7,
Chapter 12, Part 43, as amended (the "Act"), 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 Hearin. Notice of passage of the Resolution of Intention was
duly published, posted and mailed in all respects in accordance with law, and on May 12, 2008, 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. Frotests. 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 ar 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. 704 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
casts of the Improvements.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, this
12t~' day of May 200$.
REN JACO SON
Mayor
ATTEST:
SAY LMEN
City C erk
AS TO FORM:
PAUL J.
City Attc
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. 4102, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 704 (BAXTER SQUARE
SUBDIVISION PHASES 1-4); CREATING THE DISTRICT FOR THE PURPOSE OF
MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR
MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY
OF SPECIAL ASSESSMENT. 4102 (the "Resolution"), on file in the original records of the City in
my legal custody; that the Resolution was duly adapted by the City Commission of the City at a meeting
on May 12, 2008 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. Krauss, Cr. Becker, Cr. Rupp, Cr. Bryson, and Mayor
Jacobson; voted against the same: none; abstained from voting thereon: none; or were absent: none.
Wl"INESS my hand officially this May 12, 2008.
S ACY MEN
City Cler