HomeMy WebLinkAboutSILD 671, Resolution 3472 (Ferfuson Meadows Subdivision)
RESOLUTION NO. 3472
RESOLUTION RELATING TO LIGHTING DISTRICT NO. 671
(FERGUSON MEADOWS SUBDIVISION); CREATING THE
DISTRICT FOR THE PURPOSE OF INSTALLING AND
MAINT AINING 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 I. Passage of Resolution ofIntention. This Commission, on August 6, 2001,
adopted
Resolution No. 3463 (the "Resolution ofIntention"), pursuant to which this Commission
declared its
intention to create a special lighting district, designated as Special Lighting
District No. 671 (Ferguson
Meadows Subdivision) 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 ofIntention
was
duly published, posted and mailed in all respects in accordance with law, and on
August 27,2001, 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 ofthe Resolution ofIntention (the "Protest
Period").
Section 3. Protests. Within the Protest Period, no protests were filed with the
Clerk of the
Commission and not withdrawn by the owners of property in the District subject
to assessment for
0.0% of the total costs of the Improvements.
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 protests against the creation of the District or the making of the Improvements
filed during the
Protest Period, if any, are hereby found to be insufficient. 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
Clerk of the
Commission 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 Clerk of the Commission 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. 671 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 ofthe City of Bozeman, Montana, this
4th day of September, 2001.
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Mayor
Attest:
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Clerk of the Commission
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