HomeMy WebLinkAboutResolution 5342 Creating SILD 767 Bozeman Gateway Subdivision PUD Phase 4 (West Garfield)Page 1 of 4
RESOLUTION 5342
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 767 BOZEMAN GATEWAY
SUBDIVISION PUD PHASE 4 (WEST GARFIELD ST.) CREATING 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 Intention. This Commission, on October 19, 2021, adopted Resolution No.
5341 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to create
a special lighting district, designated as Special Lighting District No. 767 (BOZEMAN GATEWAY
SUBDIVISION PUD PHASE 4 (WEST GARFIELD ST.) 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 Intention was duly published, posted
and mailed in all respects in accordance with law, and on November 9, 2021, this Commission
conducted a public hearing on the creation 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 publication of the
notice of passage of the Resolution of Intention (the “Protest Period”).
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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 created 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. 767 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.
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PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 9th day of November, 2021.
___________________________________
CYNTHIA L. ANDRA
Mayor
ATTEST:
________________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Assistant City AttorneyBy:
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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. 5342 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 767 (BOZEMAN
GATEWAY SUBDIVISION PUD PHASE 4 (WEST GARFIELD ST.); CREATING 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, (the “Resolution”),
on file in the original records of the City in my legal custody; that the Resolution was duly adopted by
the City Commission of the City at a meeting on November 9, 2021 and that the 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 10th day of November, 2021.
_________________________________
MIKE MAAS
City Clerk
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