HomeMy WebLinkAboutResolution 5305 Creating SILD 460, N. 7th Ave.Page 1 of 4
COMMISSION RESOLUTION 5305
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 460
(N 7TH AVENUE) MODIFYING THE DISTRICT FOR THE PURPOSE OF MAINTAINING
LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND
ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL
ASSESSMENT.
BE IT RESOLVED by the City Commission (the “Commission”) of the City of
Bozeman, Montana (the “City”), as follows:
Section 1 Passage of Resolution of Modification. This Commission, on May 18, 2021, adopted Resolution No.
5304 (the “Resolution of Modification”), pursuant to which this Commission declared its intention to
modify a special lighting district, designated as Special Lighting District No. 460 (N 7th Avenue) of
the City (the “District”), under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended
(the “Act”), for the purpose of financing costs of certain local improvements described generally
therein (the “Improvements”) and paying costs incidental thereto, including costs associated with the
creation and administration of the District.
Section 2
Notice and Public Hearing. Notice of passage of the Resolution of Modification was duly published,
posted and mailed in all respects in accordance with law, and on June 8, 2021, this Commission
conducted a public hearing on the modification of the District and the making of the Improvements.
The meeting of this Commission at which this resolution was adopted is the first regular meeting of
the Commission following the expiration of the period ended 15 days after the first date of
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Resolution 5305, Creation of SILD 460
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publication of the notice of passage of the Resolution of Modification (the “Protest Period”).
Section 3
Protests. Within the Protest Period, no protests were filed with the City Clerk.
Section 4 Creation of the District; Insufficiency of Protests. The District is hereby modified on the terms and
conditions set forth in and otherwise in accordance with, the Resolution of Intention. The findings
and determinations made in the Resolution of Intention are hereby ratified and confirmed.
Section 5 Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all
necessary schedules and resolutions for the levying of assessments in the District necessary to
finance the Improvements and present such resolution to this Commission for adoption in
conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October. The City
Clerk is authorized to provide notice of the resolution of assessment and schedule a public hearing
therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and upon final passage of
such resolution deliver it to the City Treasurer.
Section 6
Lighting District Fund Established. There is hereby created a fund to be known as the Special
Lighting District No. 460 Fund (the “Fund”). All money derived from the collection of the
assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to
pay costs of the Improvements.
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana,
this 8th day of June, 2021.
___________________________
CYNTHIA ANDRUS Mayor
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ATTEST:
____________________________________ MIKE MAAS City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. 5305. entitled: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT 460 (N 7th AVENUE); MODIFYING THE DISTRICT FOR THE
PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE
COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY
BY THE LEVY OF SPECIAL ASSESSMENT. 5305 (the “Resolution”), on file in the original
records of the City in my legal custody; that the Resolution was duly modified by the City
Commission of the City at a meeting on June 8, 2021. That meeting was duly held by the City
Commission 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 Commissioners voted in favor thereof: Mayor Andrus, Deputy Mayor Cunningham,
Cr. Pomeroy, Cr. Madgic, Cr. Coburn; voted against the same: None; abstained from voting
thereon: none ; or were absent: None.
WITNESS my hand officially this 9th day of June, 2021.
___________________________________
MIKE MAAS City Clerk
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