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RESOLUTION NO. 06-18477 A RESOLUTION CREATING SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICT NO. 299 OF THE CITY OF BILLINGS, MONTANA, FOR THE PURPOSE OF SECURING AND PROVIDING ENERGY AND MAINTENANCE FOR NEW HIGH PRESSURE SODIUM VAPOR LIGHTS, SETTING THE BOUNDARIES THEREOF, STATING THE GENERAL CHARACTER OF THE IMPROVEMENTS TO BE MADE, ESTABLISHING THE ESTIMATED RATE FOR ENERGY AND MAINTENANCE THEREOF, AN APPROXIMATE ESTIMATE OF THE COST OF MAINTAINING SUCH LIGHTS AND SUPPLYING ELECTRICAL CURRENT THEREFORE FOR THE FIRST YEAR, AND THE PROPORTION OF THE COST TO BE ASSESSED AGAINST THE ABUTTING PROPERTY, AND THE METHOD OF ASSESSMENT OF SAID COSTS. WHEREAS, the City Council of the City of Billings, Montana, on the 14th day of August, 2006, passed Resolution 06-18460, a Resolution of Intention to Create a Special Improvement Lighting Maintenance District designated as No. 299, setting the hearing on the creation of said District and hearing of protests against the extent and creation of said District, or any matter pertaining thereto, and thereafter gave notice by publication and mailing, all as required by law, and at said hearing which was held at the time and place specified in said Notice, all protests were heard and considered; and WHEREAS, the City Council finds that the protests are insufficient to stop the creation of said district, and the protests are overruled and denied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BILLINGS, MONTANA: SECTION 1: That the City Council of the City of Billings, Montana does hereby create a District, to be known and designated as Special Improvement Lighting Maintenance District No. 299, hereinafter called the District, for the purpose of securing and providing energy and maintenance for new street lights for lighting said District. ---PAGE BREAK--- RESOLUTION NO. 06-18477 2 SECTION 2: That the boundaries of the District are as set forth in Resolution of Intention No. 06-18460, hereinafter called the Resolution, on file in the office of the City Clerk of Billings, Montana, and by this reference is incorporated herein and made a part hereof. SECTION 3: That the City Council hereby finds and determines that each of the lots, blocks, pieces and parcels of land, situated within the boundaries of the District, are especially benefited and affected by said improvements, and each and all of the lots, blocks, pieces and parcels, more particularly described in the Resolution are hereby declared to be the property to be assessed for the cost and expense of the electrical energy for and maintenance of said District. SECTION 4: That the general character of the improvements to be made is hereby declared to be as described in the Resolution and is by this reference incorporated herein and made a part hereof. SECTION 5: The City of Billings intends to establish the approximate contract rate for supplying electrical energy as follows: $590 per year. Future energy costs shall be in accordance with the standard rates established by Yellowstone Valley Electric for customers within this service area. That the Yellowstone Valley Electric Company shall provide energy to all of the lights. That the Yellowstone Valley Electric Company shall pay the initial costs of installing the light fixtures, poles, cables, and other equipment incidental to operating the lighting and shall provide normal maintenance and repairs to said equipment as part of the rate for these lights. The installation costs shall be amortized over a period not to exceed 25 years, and at the end of such time all the light fixtures, poles, cables, and other equipment incidental to operating the lighting shall become the property of the City of Billings. The estimated annual cost of routine maintenance and recovery of capital investment is $3821 per year. Property owners within said district shall be assessed for the costs thereof. ---PAGE BREAK--- RESOLUTION NO. 06-18477 3 SECTION 6: That based upon the above figures, the estimate of the cost of the District for one year is the sum of $6,034.11, and that the entire cost of said District shall be paid by the owners of property within said District. The estimated cost of the District per year for the property owners is on the basis of approximately $0.01051166 per square foot per year. 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 $7,667.78 or approximately $0.01335757 per square foot. All of such costs of said District shall be paid by the owners of the property within the District with each lot, parcel or piece of land within said District to be assessed for that portion of the whole cost which its assessable area bears to the assessable area of the entire District, exclusive of streets, avenues, alleys, and public places. SECTION 7: That the entire cost of the District shall be paid by an annual assessment against the property in the District. That all monies derived from the collection of such assessments shall be paid into a fund to be known as the "Special Improvement Lighting Maintenance District No. 299 Maintenance Fund", and warrants shall be drawn on said fund for the payment of such cost of maintaining said lights and supplying electrical current therefore. SECTION 8: That reference is hereby made to the Resolution, the maps, specifications, boundaries, perimeter and data pertaining to the District, on file in the offices of the City Clerk and City Engineer, for further particulars, all of which are made a part hereof. PASSED by the City Council of the City of Billings, Montana and approved this 11th day of September, 2006. THE CITY OF BILLINGS: Ron Tussing MAYOR ---PAGE BREAK--- RESOLUTION NO. 06-18477 4 ATTEST: Marita Herold, CMC/AAE CITY CLERK