HomeMy WebLinkAboutSILD 696, Resolution 3977 (Laurel Glen Phase 2)
COMMISSION RESOLUTION NO. 3977
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 696
(LAUREL GLEN SUBDIVISION, PHASE 2); 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 Bozeman,
Montana (the "City"), as follows:
Section 1. Passage of Resolution ofIntention. This Commission, on October 16, 2006, adopted
Resolution No. 3968 (the "Resolution of Intention"), pursuant to which this Commission declared its
intention to create a special lighting district, designated as Special Lighting District No. 696 (Laurel Glen
Subdivision, Phase 2) ofthe 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 ofthe 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 October 16, 2006, 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 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 ofthe District; Insufficiency of Protests. The District is hereby created on
the terms and conditions set forth in and otherwise in accordance with, the Resolution ofIntention. 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 hcaring 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. 696 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.
ADOPTED by the City Commission ofthe City of Bozeman, Montana, this 20th day of November 2006.
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F S
ayor
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. 3977,
entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, RELATING TO LIGHTING DISTRICT NO. 696 (LAUREL GLEN SUBDIVISION,
PHASE 2); 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. 3968 (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 October 16, 2006 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: Crs. Rupp, Kirchhoff, Jacobson, and Mayor Krauss; voted against
the same: none; abstained from voting thereon: none; or were absent: Cr. Becker.
WI1NESS my hand officially this November 20, 2006. ~.~ .~ .:-'
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BRIT FONTENOT )'
City Clerk