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RESOLUTION NO. 08-1 8754 A RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICT NO. 305 OF THE CITY OF BILLINGS, MONTANA, AND REPEAL SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTzuCT NO. 303, FOR THE PURPOSE OF PROVIDING ENERGY AND MAINTENANCE FOR STREET LIGHTS, DESIGNATING THE NUMBER OF SAID DiSTRICT, THE BOUNDARIES THEREOF, STATING THE GENERAL CHARACTER OF THE IMPROVEMENTS TO BE MADE, ESTABLISHING THE ESTMATE OF THE COST OF MAINTAINING SUCH LIGHTS AND SUPPLYING ELECTRICAL CURRENT THEREFOR FOR THE FIRST YEAR, THE PROPORTION OF THE COST TO BE ASSESSED AGAINST THE ABUTTING PROPERTY, AND THE METHOD OF ASSESSMENT OF SAID COST. WHEREAS, the City Council of Billings, Montana, has determined that the public interest and convenience require the creation of a Special Improvement Lighting Maintenance District as hereinafter provided; NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BILLINGS. MONTANA: SECTION 1: Tbat it is the intention to create Special Improvement Lighting Maintenance District (SILMD) 305 and simultaneously repeal SILMD 303; which is a district for this same area created by Council on October 9,2007. Protest and assessment information for SILMD 303 was not properly mailed out to the proper tax codes, and resultantly, the district must be recreated. That the public interest and convenience require, and it is deemed necessary, to create a Special Improvement Lighting Maintenance District for the purpose providing energy and maintenance for new street lights for lighting in said district; and the intention ofsaid City Council to create such a district, hereinafter more particularly described, is hereby declared. SECTION 2: That said district shall be known and designated as "Special Improvement Lighting Maintenance District No. 305" hereinafter called the District, and the boundaries ofthe District are hereby declared to include: All lots, parcels and pieces of land abutting King Avenue 'West from South 3ltt Street West to Shiloh Road, as shown on the map designated as Exhibit attached hereto, and as listed in Exhìbit which is attached hereto. The district boundary shail be as described in Exhibit attached hereto. SECTION 3: That the City of Billings, Montana, hereby finds, determines and declares that each of the lots, blocks, pieces and parcels of land situated within the boundaries of the District, will be especially benefited and affected by said improvements, and that all of the property included within the District is hereby declared to be the properly to be assessed for the cost and expense of obtaining the electrical energy for and maintenance of said street lights. SECTION 4: That the general character of the improvemeffs to be made for the District is hereby declared to be as foliows: The provision of energy and maintenance for street lighting facilities consisting of sixty-eight (68) 250-watt high-pressure sodium fixtures mounted on steel, mast arm style poles and served by underground wiring. The City of Billings shall own and install the steetlights and all associated appurtenant structures and materials. SECTION 5: The City of Billings intends to establish the contract rate for supplying electrical energy in accordance with the rate schedule approved by the Montana Public Service Commission. Said rate is currently estimated at $10.27 per unit, per month, and that NorthWestem Energy Company shall provide energy to the lighting fixtures. That the if ---PAGE BREAK--- City of Billings shall provide normal maintenance to lighting fixtures, poies, cables and other incidentai equipment, and shall at all times own said lighting fixtures, poles, cables and other i.ncidental equipment. SECTION 6: The estimate of the cost of the District per year, including Cily administrative costs, is the sum of $I7,856.76; that the entire cost of said District shall be paid by the owners of the property within said District, with each lot, parcel or piece of land within the District to be assessed for that portion of the whole cost which it's assessable area bears to the assessable area of the entire District, exclusive of streets, avenues, alleys and public places. The estimated cost of the District per year for property owners ìs on the basis of approximately $0.00685772 per square foot of assessable area. Due to the difference in the time the lighting service started and the time assessments can be levied, the first assessment will cover a period of operation of the District greater than one year and is estimated to total 520,575.12 or approximately $0.00790167 per square foot. SECTION 7: That the entire cost of the District shall be paid by an annual assessment against the property in the District; that arurually, pursuant to MCA 'l-12-4332, the City Council shall adopt this resolution estimating the cost of maintaining said lights including a reserve, and fumishing electrical current and assessing all of said property within said District for the arurual costs; that all monies derived from the collection of such assessments shall be paid into a fund to be known as "Special Lighting Maintenance District No. 305 Maintenance Fund," and warrarits shali be drawn on said fund for the payment of such costs of maintaining such lights and suppiytng eiectrical current therefore. SECTION 8: That on the 14th day of October,2008, at 6:30 o'clock p.m., at the Council Chambers of the City Hall in said City, the City Council intends to create such Special Improvement Lighting Maintenance District No. 305 and will hear objections and protests against the proposed improvements and the extent and creation of such District to be assessed, or any matter pertaining thereto, at said time and place, by any person, firm, or corporation who has filed a written protest with the City Clerk of the City of Billings within fifteen (15) days after the date on which the Notice of the passage of this Resolution of Intention is mailed to the properly owners affected and published in "The Billings Times". SÉCTION 9: That the City Clerk is hereby authorized and directed to publish a copy of the Notice of the passage of this Resolution in "The Bitlings Times", a weekly newspaper published and circulated in the City of Billings, Montana, and to send a copy of said Notice to the owners of all the lots, blocks, pieces or parcels of land included within the boundaries of said Special Improvernent Lighting Maintenance District No. 305. Said notice is to be published and mailed on the same date. PASSED by the City Council and APPROVED this 22nd day of September 2008. ATTEST: sv &--,VYtanh;) Cari Martin, City Clerk CITY OF BILLINGS Tussing, Mayor