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HomeMy WebLinkAboutResolution No. R19-21CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Laurel, Montana (the "City"), hereby certify that the attached resolution is a true copy of Resolution No. R19-21 entitled: "RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 119; CREATING THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND" (the "Resolution"), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Council of the City at a regular meeting on June 4, 2019, and that the meeting was duly held by the City Council and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Council Members voted in favor thereof. Council Member Eaton, Council Member Klose, Council Member Mountsier, Council Member Wilke, and Council Member Herr; voted against the same: ; abstained from voting thereon: ; or were absent: Council Member McGee, Council Member Stokes, and Council Member Sparks. WITNESS my hand officially this 4th day of June, 2019. r City Cl rt rer RESOLUTION NO. R19-21 RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 119; CREATING THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND BE IT RESOLVED by the City Council (the "Council") of the City of Laurel, Montana (the "City"), as follows: Section 1. Passage of Resolution of Intention. This Council, on May 7, 2019, adopted Resolution No. R19-14 (the "Resolution of Intention"), pursuant to which this Council declared its intention to create a special improvement district, designated as Special Improvement District No. 119 of the City (the "District"), under Montana Code Annotated, Title 7, Chapter 12, Parts 41 and 42, as amended, for the purpose of financing a portion of the costs of certain local sidewalk improvements, including construction and installation of sidewalks, ADA -compliant ramps, drive and alley approaches and related improvements (the "Improvements"), and paying costs incidental thereto, including costs associated with the sale and the security of special improvement district bonds drawn on the District (the `Bonds"), the creation and administration of the District and the funding of a deposit to the City's Special Improvement District Revolving Fund (the "Revolving Fund"). Section 2. Notice and Public Hearin. Notice of passage of the Resolution of Intention was duly published and mailed in all respects in accordance with law, and on June 4, 2019, this Council conducted a public hearing to hear and pass upon protests against the proposed Improvements and the creation of the District. The public hearing was held at the first meeting of the Council following the expiration of the period ended 17 days after the first date of publication of the notice of passage of the Resolution of Intention (the "Protest Period"). Section 3. Protests. Within the Protest Period, no protests were filed with the City Clerk - Treasurer by the owners of property in the District subject to assessment for the Improvements, representing 0% of the total estimated costs of the Improvements and costs incidental thereto to be assessed against the properties in the District, in accordance with the method of assessment in the Resolution of Intention. Section 4. Creation of the District; Insufficiency of Protests. The Council determines that the protests made by owners in the District to be assessed for the cost of the proposed Improvements and incidental costs to be financed with the Bonds is not more than 50% of all of such costs of the Improvements and that the District is hereby created on the terms and conditions set forth in, and otherwise in accordance with, the Resolution of Intention. The protests against the creation of the District or the making of the Improvements filed during the Protest Period are hereby found to be insufficient. The findings and determinations made in the Resolution of Intention, including, without limitation, those relating to benefits conferred, the assessment methodology and properties assessed, funding the Revolving Fund and securing the Bonds thereby, and using the proceeds of the Bonds to pay or reimburse the City for all or a portion of the costs of the Improvements and costs incidental thereto, are hereby ratified and confirmed. PASSED AND ADOPTED by the City Council of the City of Laurel, Montana, this 4th day of June, 2019. Attest: City Clerk -T e re 2 Mayor