HomeMy WebLinkAboutResolutions 5636 - Modify SILD 766 Northwest Crossing Phases 1 & 2.1 to include Phases 2.2 & 2.3Page 1 of 3
RESOLUTION 5636
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, MODIFYING SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 766
(NORTHWEST CROSSING PH 1 & 2.1) TO INCLUDE PHASES 2.2 AND 2.3 TO THIS
DISTRICT FOR ASSESSING THE COSTS FOR MAINTENTANCE AND ENERGY
THEREFORE 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 September 24, 2024, adopted Resolution
No 5635 (the “Resolution of Intention”), pursuant to which this Commission declared its intention
to modify a special lighting district, designated as Special Lighting District No. 766 (Northwest
Crossing Ph 1 & 2.1-2.3) 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 Modification 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 this Commission did hear and pass
upon any written protests against. 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
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Resolution 5636, Modification of SILD 766
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Modification 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 Modification. 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 Tuesday 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. 766 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, October 22, 2024.
___________________________
TERENCE CUNNINGHAM
Mayor ATTEST:
____________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Resolution 5636, Modification of SILD 766
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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
5636 entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, MODIFYING SPECIAL IMPROVEMENT LIGHTING DISTRICT
NO 766 (NORTHWEST CROSSING PH 1 & 2.1) TO INCLUDE PHASES 2.2 AND 2.3 TO
THIS DISTRICT FOR ASSESSING THE COSTS FOR MAINTENTANCE AND ENERGY
THEREFORE TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT.”
5636 (the “Resolution”), is 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 October 22, 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 22nd day of October 2024.
__________________________________
MIKE MAAS
City Clerk
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Cunningham, Morrison, Madgic, Fischer, and Bode