Resolution 4557 - Creation of Urban Forestry DistrictRESOLUTION NO. 4557
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A RESOLUTION RELATING TO URBAN FORESTRY DISTRICT NO. 1, CREATING THE
DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS
AND FINANCING THE COST THEREOF AND INCIDENTAL THERETO BY ASSESSING
REAL PROPERTY WITHIN SAID DISTRICT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA, AS FOLLOWS:
SECTION I. PASSAGE OF RESOLUTION OF INTENTION.
This Council, on April 17, 2000, adopted Resolution No.
4549 (the "Resolution of Intention"), pursuant to which
this Council declared its intention to create an urban
forestry district, designated as Urban Forestry District
No. 1 of the City, under Title 7, Chapter 12, Parts 41 and
42, as amended for the purpose of financing the cost of
planting, protecting, maintaining, preserving and caring
for public trees on City owned rights -of -way (the
"Improvements") and paying the costs incidental thereto
by assessing the entire cost of the Improvement against
each parcel of property in the district for that part of
whole cost which its accessible area bears to the of all
parcels within said District.
SECTION II. NOTICE OF PUBLIC HEARING.
Notice of passage of the Resolution of Intention was duly
published on May 10 and May 17, 2000 and mailed on May 10,
2000, in all respects in accordance with the law, and on
June 5,.2000, this Council conducted a public hearing on
the creation of said District and the making of said
Improvements. The meeting of this Council at which this
Resolution was adopted is the first regular meeting of the
Council following the expiration of the period ended 15
days after the first date of publication of the notice of
passage of Resolution of Intention (the "Protest Period").
SECTION III. PROTESTS
Within the Protest Period, 15 protests were filed with the
City Clerk and not withdrawn by the owners of property
within the District subject to assessment for nominal
percent of the cost of the Improvement (§ 7-12-4113, MCA).
SECTION IV. CREATION OF DISTRICT; _INSUFFICIENCY OF
PROTESTS.
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 are, hereby found to be
insufficient. The findings and determinations made in the
Resolution of Intention are hereby ratified and confirmed.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, MONTANA, THIS 5TH OF JUNE, 2000.
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Wm. E. Boharski
Mayor
Attest:
Theresa White
City Clerk