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1 RESOLUTION NO. 06-18410 A RESOLUTION CREATING PARK MAINTENANCE DISTRICT NO. 4033 FOR THE PURPOSE OF MAINTAINING EXISTING AND FUTURE PUBLIC AREA IMPROVEMENTS IN FALCON RIDGE ESTATES, FIRST FILING, AND FALCON RIDGE SUBDIVISION, FIRST FILING, CITY OF BILLINGS, MONTANA WHEREAS, the City Council of Billings, Montana, hereby finds, determines and declares that: 1. The public interest and convenience require the creation of the above named district. 2. That said district is of more than local or ordinary public benefit. 3. All lands are benefited and no lands that are not benefited have been included within the district. All lands within the district will be enhanced in value to the extent of the assessments to be levied upon such lands, and all lands included within the district should be assessed accordingly to pay the costs and expenses of the district. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BILLINGS: 1. Jurisdiction and Creation. Park Maintenance District Number 4033 is of more than local or ordinary public benefit. The Council has acquired jurisdiction to order the proposed improvement, and it does hereby create Park Maintenance District Number 4033. All lands included within Park Maintenance District Number 4033 are benefited and no lands that are not benefited have been included in said district. 2. General Character of Improvement and Maintenance. The general character of the improvements to be maintained is as follows: landscaping, trails, trees, irrigation systems, irrigation system water services, lighting, storm water detention facilities, and other park equipment and public area improvements installed by the developer, Parks Department and/or as part of a future Park District. The purpose of said district is to provide perpetual maintenance of the above-mentioned items. 3. Boundaries. The Boundaries of the district are described and designated on Exhibit attached hereto. ---PAGE BREAK--- 2 4. Ownership. The ownership records of all properties within the said district are described and designated in Exhibit attached hereto. 5. Maintenance Estimate. The estimated cost of the proposed maintenance for the first year will be $366.24/unit as described in the Maintenance Estimate attached hereto in Exhibit 6. Assessment Method. All eligible properties within the District are to be assessed for a portion of the costs of maintaining the Falcon Ridge Estates, First Filing, and Falcon Ridge Subdivision, First Filing, public area improvements as specified herein. Said properties shall not be eligible for assessment until such time as the final plat of the property is filed and the Restrictions on Transfers and Conveyances are lifted. The costs of maintaining the Improvements shall be assessed against the property in the District benefiting from the Falcon Ridge Estates, First Filing, and Falcon Ridge Subdivision, First Filing, Public Area Improvements, based on the assessable area method of assessment described in Section 7-12-4162 through 7-12-4165, M.C.A., as particularly applied and set forth herein. 7. Payment of Assessment. The assessments for all maintenance and costs of the district shall be paid in equal annual installments, provided that payment of one- half of said annual assessment may be deferred to May 31 of the year following the assessment. All money derived from the collection of said assessments otherwise shall constitute a fund to be known as Fund of Park Maintenance District Number 4033. 8. Bonds for Improvement. There will be no bonds sold for this district as it is for maintenance only. 9. Engineering. No engineering will be required. 10. District Accounts. The Director of Finance is hereby authorized and directed to establish the necessary accounts to govern the receiving of all revenues and the expenditures of the same district. PASSED AND ADOPTED by the City Council of the City of Billings, Montana, this 24th day of April, 2006. THE CITY OF BILLINGS: BY: Ron Tussing, MAYOR ATTEST: ---PAGE BREAK--- 3 BY: Marita Herold, CMC/AAE CITY CLERK