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HomeMy WebLinkAboutSILD 670, Resolution 3471 (Allison Subdivision Phase 2) RESOLUTION NO. 3471 RESOLUTION RELATING TO LIGHTING DISTRICT NO. 670 (ALLISON SUBDIVISION, PHASE II); CREATING THE DISTRICT FOR THE PURPOSE OF INSTALLING 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 Bozcman, Montana (the "City"), as follows: Section 1. Passage of Resolution of Intention. This Commission, on August 6, 200 I, adopted Resolution No. 3462 (the "Resolution ofIntention"), pursuant to which this Commission dcclared its intention to create a special lighting district, designated as Special Lighting District No. 670 (Allison Subdivision, Phase II) 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 thercin (thc "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 August 27, 2001, this Commission conducted a public hearing on the creation of the District and the making ofthe 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 aftcr 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 Within the Protest Period, no protests were filed with the Clerk ofthe Commission and not withdrawn by the owners of property in the District subject to assessment for 0.0% of the total costs of the Improvements.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 tIled 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 tor 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 betore 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. 670 Fund (the "Fund"). All money derived from the collection ofthe 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 4th day of September, 2001. Ma~ (J!fer-- Attest: r?~..I ~ Clerk of the Commission 2 - ---...-------