HomeMy WebLinkAboutResolution 4632 Creation of SILD 729 Lighting Improvements and Mainteneace Boat
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COMMISSION RESOLUTION NO. 4632
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA,RELATING TO LIGHTING DISTRICT NO. 729(THE LAKES AT VALLEY I°
WEST SUBDIVISION PHASES 1 &2 DURSTON RD) 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.
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BE IT RESOLVED by the City Commission(the"Commission")of the City of Bozeman,
Montana(the "City"), as follows: 13
Section 1
Passage of Resolution of Intention. This Commission,on August 17,2015,adopted Resolution No.
4631 (the "Resolution of Intention"), pursuant to which this Commission declared its intention to
create a special lighting district,designated as Special Lighting District No.729(The Lakes at Valley
West Subdivision Phases 1 & 2 Durston Rd ) 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 August 17,2015,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").
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Resolution 4632, Creation of SILD 729
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. 729 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 APPROVED by the City Commission of the City of Bozeman,Montana,
this 14th day of September 2015.
,,O JF,, F Y KRAUSS
ATTESTS ' Mayor
City Clerk
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Resolution 4632, Creation of SILD 729
APPROVED AS TO FORM:
ULLIVAN
City Attorney
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Page 3 of 4
Resolution 4632, Creation of SILD 729
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. 4632. entitled: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 729 (THE
LAKES AT VALLEY WEST SUBDIVISION,PHASES I&2 DURSTON RD); 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. 4632 (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 September 14, 2015 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:
voted against the same: ;
s
abstained from voting thereon: ; or re absent:,
WITNESS my hand officially this 15th day of September 2015.,00
§-T1 V VLMEN CM,C,`��
City Clerk q, 4 4 b) ,
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Page 4 of 4
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Exhibit B
The Lakes at Valley West Phase 1 & 2
Durston Road
Acct#145930,#132700𜼴
Tract Sq Ft Ownership:
1 1,798,563 The Lakes at Valley West Bozeman LLC,4515 N 56th St,Phoenix,AZ 85018
2A 1,028,030 The Lakes at Valley West Bozeman LLC,4515 N 56th St,Phoenix,AZ 85018
Bronken Park 1,701,469 City of Bozeman,PO Box 1230,Bozeman,MT 59715
Total Sq Ft 4,528,062