HomeMy WebLinkAboutResolution 4294 Lighting District 712 (Cottonwood Road)COMMISSION RESOLUTION NO. 4294
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 712
(COTTONWOOD ROAD); 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 September 13, 2010, approved
Resolution No. 4281 (the "Resolution of Intention"), pursuant to which this Commission declared its
intention to create a special lighting district, designated as Special Lighting District No. 712
(Cottonwood Road) 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 Hearing. Notice of passage of the Resolution of Intention was duly
published, posted and mailed in all respects in accordance with law, and on October 11, 2010, 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 approved 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 Leyying 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 approval in conformance with
Section 7-12-4328, M.C.A., on or before the first Monday in October. The City Clerk is authorized to
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Resolution \o. 4294. Lighting Di 712. Cottomwod Road
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. 712 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.
APPROVED by the City Commission of the City of Bozeman, Montana, this I I"' day of
October, 2010.
ATTE-S B0
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City,is
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GR1 d SULLIVAN
City Xttorney
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Resolution No. 4294, Lighting District 712. Cottonm ood Road
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
1, 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. 4294, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT 712 (COTTONWOOD ROAD); CREATING
THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND
ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BHNEFITTED
PROPERTY BY T14E LEVY OF SPECIAL ASSESSMENT. 4294 (the "Resolution"), on file in the
original records of the City in my legal custody; that the Resolution was duly approved by the City
Commission of the City at a meeting on October 11, 201 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 solution at said meeting, the following
Commissioners voted in favor thereof 1 0LAD2
voted against the same: N ; abstained flr voting �thereon: `;orwere abs'ent: 15�
WITNESS my hand officially this October 11, 2010.
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