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RESOLUTION 5379
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 770 ANNEX OF
BOZEMANCREATING 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 February 15, 2022, 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. 770 (ANNEX OF
BOZEMAN) 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 March 22, 2022, this Commission
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Resolution 5379, Creation of SILD 770 – Bozeman Gateway Subdivision PUD Phase 4 (West Garfield St.)
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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”).
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. 770 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
DocuSign Envelope ID: D8F6CD94-D125-42C6-8010-3874284E288D
Resolution 5379, Creation of SILD 770 – Bozeman Gateway Subdivision PUD Phase 4 (West Garfield St.)
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pay costs of the Improvements.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 22nd day of March, 2022.
___________________________________
CYNTHIA L. ANDRUSMayor
ATTEST:
________________________________________ MIKE MAAS City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Resolution 5379, Creation of SILD 770 – Bozeman Gateway Subdivision PUD Phase 4 (West Garfield St.)
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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. 5379 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 770 (ANNEX OF
BOZEMAN); 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 March 22,
2022 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:______________________________________
_______________________________ ; voted against the same: _________________________;
abstained from voting thereon: ________________ ; or were absent:__________________.
WITNESS my hand officially this 22nd day of March, 2022.
___________________________________
MIKE MAAS
City Clerk
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Pomeroy, and Coburn
Andrus, Cunningham, Madgic,