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1 RESOLUTION NO. 06-18461 A RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICT NO. 300 OF THE CITY OF BILLINGS, MONTANA, FOR THE PURPOSE OF PROVIDING ENERGY AND MAINTENANCE FOR STREET LIGHTS, DESIGNATING THE NUMBER OF SAID DISTRICT, DESCRIBING THE BOUNDARIES THEREOF, STATING THE GENERAL CHARACTER OF THE IMPROVEMENTS TO BE MADE, ESTABLISHING THE ESTIMATE 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: 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 of said 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. 300" hereinafter called the District, and the boundaries of the District are hereby declared to include: All lots, parcels and pieces of land within proposed Bellville Subdivision, as shown on the map designated as Exhibit attached hereto, and as listed in Exhibit which is attached hereto. The district boundary shall be as described in Exhibit attached hereto. This property is currently described as Tract A, C/S 485. 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 property 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 improvements to be made for the District is hereby declared to be as follows: The provision of energy and maintenance for street lighting facilities consisting of twelve (12) 100-watt high-pressure sodium Acorn Type III fixtures mounted on decorative fiberglass poles and served by underground wiring. ---PAGE BREAK--- 2 NorthWestern Energy shall own and install the streetlights and all associated appurtenant structures and materials. SECTION 5: The City of Billings intends to establish the approximate contract rate for installation & operation of this lighting as follows: $3.07 per 100 watt unit, per month for supplying electrical energy; $1.09 per unit, per month for maintenance; and $24.17 per unit, per month for installation and ownership costs. These rates in accordance with the applicable rate schedules approved by the Montana Public Service Commission. NorthWestern Energy Company shall provide energy to all of the lights and shall at all times own the light fixtures, poles, cables, and other incidental equipment, and shall provide maintenance and repairs to said equipment as part of the rate for these lights. SECTION 6: The estimate of the cost of the District per year, including City administrative costs, is the sum of $5,022.71; 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 is on the basis of approximately $0.02260779 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 $6,382.55 or approximately $0.02872859 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 annually, pursuant to MCA 7-12-4332, the City Council shall adopt a resolution estimating the cost of maintaining said lights including a reserve, and furnishing electrical current and assessing all of said property within said District for the annual 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. 300 Maintenance Fund," and warrants shall be drawn on said fund for the payment of such costs of maintaining such lights and supplying electrical current therefore. SECTION 8: That on the 11th day of September, 2006, 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. 300 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 property owners affected and published in “The Billings Times”. SECTION 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 Billings 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 Improvement Lighting Maintenance District No. 300. Said notice is to be published and mailed on the same date. ---PAGE BREAK--- 3 PASSED by the City Council and APPROVED this 14th day of August 2006. CITY OF BILLINGS By Ron Tussing Mayor ATTEST: Marita Herold, CMC/AAE City Clerk ---PAGE BREAK--- 1 EXHIBIT A ---PAGE BREAK--- 1 OWNER LEGAL DESCRIPTION MAILING ADDRESS AREA STEVE AND SOK SUN KERNS Lot 1, Block 1 Bellville Subdivision 1052 KYLE LANE Billings, MT 59105 12,262.00 STEVE AND SOK SUN KERNS Lot 2, Block 1 Bellville Subdivision 1052 KYLE LANE Billings, MT 59105 9,602.00 STEVE AND SOK SUN KERNS Lot 3, Block 1 Bellville Subdivision 1052 KYLE LANE Billings, MT 59105 9,602.00 STEVE AND SOK SUN KERNS Lot 4, Block 1 Bellville Subdivision 1052 KYLE LANE Billings, MT 59105 9,602.00 STEVE AND SOK SUN KERNS Lot 5, Block 1 Bellville Subdivision 1052 KYLE LANE Billings, MT 59105 9,714.00 STEVE AND SOK SUN KERNS Lot 6, Block 1 Bellville Subdivision 1052 KYLE LANE Billings, MT 59105 9,608.00 STEVE AND SOK SUN KERNS Lot 7, Block 1 Bellville Subdivision 1052 KYLE LANE Billings, MT 59105 9,601.00 STEVE AND SOK SUN KERNS Lot 1, Block 2 Bellville Subdivision 1052 KYLE LANE Billings, MT 59105 9,611.00 STEVE AND SOK SUN KERNS Lot 2, Block 2 Bellville Subdivision 1052 KYLE LANE Billings, MT 59105 9,600.00 STEVE AND SOK SUN KERNS Lot 3, Block 2 Bellville Subdivision 1052 KYLE LANE Billings, MT 59105 9,600.00 STEVE AND SOK SUN KERNS Lot 4, Block 2 Bellville Subdivision 1052 KYLE LANE Billings, MT 59105 9,600.00 STEVE AND SOK SUN KERNS Lot 5, Block 2 Bellville Subdivision 1052 KYLE LANE Billings, MT 59105 9,600.00 STEVE AND SOK SUN KERNS Lot 6, Block 2 Bellville Subdivision 1052 KYLE LANE Billings, MT 59105 9,600.00 STEVE AND SOK SUN KERNS Lot 7, Block 2 Bellville Subdivision 1052 KYLE LANE Billings, MT 59105 9,600.00 STEVE AND SOK SUN KERNS Lot 8, Block 2 Bellville Subdivision 1052 KYLE LANE Billings, MT 59105 9,600.00 STEVE AND SOK SUN KERNS Lot 9, Block 2 Bellville Subdivision 1052 KYLE LANE Billings, MT 59105 9,600.00 STEVE AND SOK SUN KERNS Lot 10, Block 2 Bellville Subdivision 1052 KYLE LANE Billings, MT 59105 9,611.00 STEVE AND SOK SUN KERNS Lot 1, Block 3 Belleville Subdivision 1052 KYLE LANE Billings, MT 59105 9,601.00 STEVE AND SOK SUN KERNS Lot 2, Block 3 Belleville Subdivision 1052 KYLE LANE Billings, MT 59105 9,600.00 STEVE AND SOK SUN KERNS Lot 3, Block 3 Belleville Subdivision 1052 KYLE LANE Billings, MT 59105 9,603.00 STEVE AND SOK SUN KERNS Lot 4, Block 3 Belleville Subdivision 1052 KYLE LANE Billings, MT 59105 9,602.00 STEVE AND SOK SUN KERNS Lot 5, Block 3 Belleville Subdivision 1052 KYLE LANE Billings, MT 59105 9,754.00 CITY OF BILLINGS PARK LAND P.O. BOX 1178 Billings, MT 59101 7,994.00 TOTAL AREA (SF): 222,167.00 EXHIBIT OWNERSHIP LISTING SILMD 300 - BELLVILLE SUBDIVISION ---PAGE BREAK--- EXHIBIT SILMD 300 – BOUNDARY DESCRIPTION Beginning at the northwest property corner of Lot 1, Block 3 Bellville Subdivision; Thence easterly along the Kyhl Lane Right-Of-Way centerline to the intersection of the Kyhl Lane Right-Of-Way centerline and the extrapolation of the east property line of Lot 1, Block 1, Bellville Subdivision; Thence southerly along the east boundary of Bellville Subdivision, which is also the west boundary of Brewington Subdivision, to the southeast property corner of Lot 5, Block 1, Bellville Subdivision; Thence westerly along the southern boundary of Bellville Subdivision to the intersection of the southern boundary of Brewington Park and the extrapolation of the western property line of Lot 5, Block 3, Bellville Subdivision; Thence northerly to the northwest property corner of Lot 1, Block 3, Bellville Subdivision, the point of beginning. Exempting there from all lands which are public streets, roads, or alley right-of- way.