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RESOLUTION 5429
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 773 27TH & TSCHACHE
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 August 16, 2022, adopted Resolution No.
5428 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to
create a special lighting district, designated as Special Lighting District No. 773 (27TH &
TSCHACHE 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 September 20, 2022, this
Commission conducted a public hearing on the creation of the District and the making of the
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Resolution 5429, Creation of SILD 773
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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. 773 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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Resolution 5429, Creation of SILD 773
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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 20th day of September, 2022.
___________________________________
CYNTHIA ANDRUS
Mayor
ATTEST:
________________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Resolution 5429, Creation of SILD 773
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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. 5429 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 773 (27TH &
TSCHACHE); 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 May 10,
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 20th day of September, 2022.
___________________________________
MIKE MAAS
City Clerk
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Andrus, Cunningham, Pomeroy and Madgic
Coburn