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RES 1983-11 DENIAL OF RSID BLUE SKY & FOREST PARK RESOLUTION NO. X63 WHEREAS, a petition has been presented to the Board of County Commissioners of Jefferson County, Montana for creation of a rural special improvement district to improve and upgrade the access road from the frontage road to Blue Sky Heights and Forest Park Subdivisions, and, WHEREAS, a resolution of intent to create such rural special improvement district has been passed by the Board of County Commissioners and, WHEREAS, public hearings have been held for the purpose of receiving protest to the creation of the proposed district, and, WHEREAS, the Board has been advised by opinion of the Attorney General that problems exist relative to the language of the petition as presented, and, WHEREAS, protest against the creation of the said district has been received by approximately forty percent (40 %) of the county landowners within the proposed district, and, WHEREAS, the cost as set forth in the petition for creation of the district is no longer current and it is impossible at this juncture for the Board of County Commissioners to deter- mine the cost of the proposed district, and, WHEREAS, there exists considerable confusion relative to the provision in the petition concerning a county contri- bution to the project, and, WHEREAS, the location and condition of the road sought to be improved by creation of the district is such that the expenditures of monies for maintenance of the project after completion would appear to be substantial, and, WHEREAS, the procedural history relative to the creation of the proposed district is confusing and contradictory, making it difficult to determine the legitimate number of protests which may be considered under the terms of Section 7 -12 -2111 and 7 -12 -2112, MCA, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY, MONTANA that the Board will not pass a resolution creating a rural special improvement district as requested in the petition and that no further proceedings shall be taken for a period of six months from the date when final protests were allowed to be received by the county clerk and recorder, that being March 15, 1983. Further action thereafter must be initiated by the filing of a new petition for creation of a rural special improvement district. BE IT FURTHER RESOLVED that, by the passage of this resolution, the Commission does not intend to abrogate its responsibilites relative to the maintenance of the road in question and hereby specifically recognizes its responsibility for repair and /or replacement of the bridge along said road- way and will undertake action to correct the bridge situation. r` DATED this day o (JC Z 1983. BOARD OF COUNTY COMMISSIONERS: / r Chairman 705m r t Z !� Comm.I sioner ATTEST: v" erk & Recorder #" ' ~? / , :� �� r `, : _\ •, r-- r � 7 r :.. ���•�;� n �� ; Cam. �;_� '�. u J ' ` Y. �� i .,�.� -` � r y r r -,. ?� � � �.. • / ��