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RESOLUTION NO. 06-18406 A RESOLUTION CREATING SPECIAL IMPROVEMENT MAINTENANCE DISTRICT NO. 4031 FOR THE PURPOSE OF MAINTAINING EXISTING AND FUTURE PUBLIC AREA IMPROVEMENTS IN COPPER RIDGE SUBDIVISION, 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. Special Improvement Maintenance District Number 4031 is of more than local or ordinary public benefit. The Council has acquired jurisdiction to order the proposed improvement, and it does hereby create Special Improvement Maintenance District Number 4031. All lands included within Special Improvement Maintenance District Number 4031 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, lighting, irrigation systems, irrigation system water services, 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 Special Improvement 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. 4. Ownership. The ownership records of all properties within the said district are described and designated in Exhibit attached hereto. ---PAGE BREAK--- 5. Maintenance Estimate. The estimated cost of the proposed maintenance for the first year will be $233.33/lot for 78 lots 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 existing and future Copper Ridge Subdivision 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. The costs of maintaining the Improvements shall be assessed against the property in the District benefiting from the Copper Ridge Subdivision, 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 Special Improvement Maintenance District Number 4031. 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 10th day of April, 2006. THE CITY OF BILLINGS: BY: Ron Tussing, MAYOR ATTEST: BY: Marita Herold, CMC/AAE, CITY CLERK