HomeMy WebLinkAboutResolution 4117 Relating to Lighting District No. 694COMMISSION RESOLUTION N0.4117
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO.
694 (TRADITIONS SUBDIVISION PHASE 1); CREATING THE
DISTRICT FOR THE PURPOSE OF INSTALLING AND
MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING
THE COSTS FOR INSTALLATION, MAINTENANCE AND ENERGY
THEREFOR TO BENEFITED 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 July 14, 2008,
adopted Resolution No. 3951 (the "Resolution of Intention"), pursuant to which this Commission
declared its intention to create a special improvement lighting district, designated as Special
Improvement Lighting District Na. b94 (Traditions Subdivision Phase 1) 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 August 4,
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 fallowing 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• Insufficienc 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 Improvement Lighting District No. 694 Fund (the "Fund"). All rnaney
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 4`h day of August 2008.
KAA N JACOB N
Mayor
ATTEST: _.
STA U N
City Clerk -
APFROVED AS TO FORM:
' c~
TIM COOP
(~9SiS~(-~'t~ ;City Attorney
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. 4117, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 694
(TRADITIONS SUBDIVISION PHASE 1); CREATING THE DISTRICT FOR THE
PURPOSE OF INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS
AND ASSESSING THE COSTS FOR INSTALLATION, MAINTENANCE AND
ENERGY THEREFOR TO BENEFITED PROPERTY BY THE LEVY OF SPECIAL
ASSESSMENT. 4117 (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 of Bozeman
at a meeting on August 4, 200$ and that the meeting was duly held by the City Commission anal
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: ~~p[~p~~R~~M. ~ 1'. ~ruSD - ;
voted against the same: _._~; abstained from voting thereon: ~..__; or were absent: ~~
WITNESS my hand officially this August 4, 200$.
STAC - LM N --_
City Clerk .. -