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RESOLUTION NO. 08-I 8764 A RESOLUTION CREATING SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICT NO. 305 OF THE CITY OF BILLINGS, MONTANA, FOR THE PURPOSE OF SECURING AND PROVIDING ENERGY AND MAINTENANCE FOR NEW HIGH PRESSURE SODruM VAPOR LIGHTS, SETTING THE BOLTNDAzuES THEREOF, STATING THE GENERAL CHARACTER OF THE IMPROVEMENTS TO BE MADE, ESTABLISHING THE ESTIMATED RATE FOR ENERGY AND MAINTENANCE THEREOF, AN APPROX]MATE ESTMATE 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 Ciry Council of the City of Billings, Montana, on the 22nd day of September, 2008, passed Resolution 08-18754, a Resolution of lntention to Create a Special lmprovement Lighting Maintenance District designated as No. 305, 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 wereheard and considered; and WHEREAS, the City Council finds that the protests are insufñcient to stop the creation of said district, and the protests are ovem-rled and denied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COTINCIL 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 desigtated as Special Improvement Lighting Maintenance District No. 305, hereinafter called the District, for the purpose of securing and providing energy and maintenance for new street lights for lighting said Disfict. SECTION 2: That the boundaries of the District are as set forth in Resolution of Intention No. 08-18754, hereinafter called the Resolution, on file in the office of the City Cierk 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 ofthe lots, blocks, pieces and parcels ofland, 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 ofthe eleckical energy for and maintenance ofsaid 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: That the City of Billings intends to establish the approximate contract rate for supplying electrical energy as $i0.27 per 250 watt unit in accordance with the appropriate rate schedule approved by the Montana Public Service Commission. That NorthWestem Energy shall provide energy to the lighting fixtures. The City shall provide normal maintenance to lighting fixh¡res, poles, cables and other incidental equipment, and at all times own said iighting fixtures, poles, cables and other incidental equipment. Property owners within said district shali be assessed for the costs thereof. SECTION 6: That based upon the above figures, the estimate of the cost of the District for one year is the sum of $17,856.76, arñ that the enti¡e 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 $0.00685772 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 520,575.12 or approximately $0.007901 67 per square foot. Ali of such costs of said District shall be paid by the owners of the ---PAGE BREAK--- pfgperty 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 aru-iual 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. 305 Maintenance Fund", and warrants shall be drawn on said fund for the payrnelit of such cost of maintaining said liglits and 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 lile in the offices of the City Clerk and City Engineer, for further particulars, all of which are made a part hereof PASSED by the Ciry Council of the City of Billings, Montana and approved this l4th day of October, 2008. ATTEST sv, A-A^)nauî'o) Cari Martin. Citv Clerk THE CITY OF BILLINGS: