HomeMy WebLinkAboutResolutions 5617 - Creation of Special Improvement Lighting District 785Page 1 of 4
RESOLUTION 5617
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO
LIGHTING DISTRICT NO. 785 GARDNER SIMMENTAL PLAZA SUBDIVISION LOT 2A 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 July 9, 2024, adopted Resolution No. 5616
(the “Resolution of Intention”), pursuant to which this Commission declared its intention to create
a special lighting district, designated as Special Lighting District No. 785 (Gardner Simmental Plaza
Subdivision Lot 2A) 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 August 6, 2024, this Commission
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Resolution 5617, Creation of SILD 785 – GARDNER SIMMENTAL PLAZA SUBDIVISION LOT 2A
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approved 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
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Resolution 5617, Creation of SILD 785 – GARDNER SIMMENTAL PLAZA SUBDIVISION LOT 2A
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Lighting District No. 785 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, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 9th day of August 2024.
___________________________________
TERENCE CUNNINGHAM
Mayor
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. 5617 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 785 (GARDNER SIMMENTAL PLAZA
SUBDIVISON LOT 2A); 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 August 6, 2024 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 6th day of August 2024.
___________________________________
MIKE MAAS
City Clerk
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Cunningham, Morrison, Madgic, Fischer, and Bode
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