HomeMy WebLinkAboutSILD 721, Resolution 4539 ( Baxter Meadows West Phase 3B)COMMISSION RESOLUTION NO. 4539
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 721 (BAXTER
MEADOWS WEST PHASE 3B); CREATING THE DISTRICT FOR THE
PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND
ASSESSING THE COSTS OF 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 July 21, 2014, adopted
Resolution No. 4538 (the "Resolution of Intention"), pursuant to which this Commission declared its
intention to create a special lighting district, designated as Special Lighting District No. 721 (Baxter
Meadows West PH 313) 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 Hearine. Notice of passage of the Resolution of Intention was duly
published, posted and mailed in all respects in accordance with law, and on August 11, 2014, 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 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 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 Lighting District No. 721 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 of the City of Bozeman, Montana, this 11'l'
day of August, 2014.
ATTEST:
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City Cl O
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APPROVED AS TO FORM:
GRWSULLIVAN
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. 4539.
entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT 721 (BAXTER MEADOWS WEST PHASE
3B); 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. 4539
(the "Resolution"), on file in the original records of the City in my legal custody; that the Resolution was
duly adopted by the City Commission of the City at a meeting on August 11, 2014 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:
against the same: J:Q ;abstained from voting thereon: —70—; or were absent
WITNESS my hand officially this 12`h day of August, 2014.
voted