HomeMy WebLinkAboutResolutions 5653 - Creation of SILD 790 North Central Master PlanResolution 5653 Creation of Lighting District 790
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RESOLUTION 5653
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO
LIGHTING DISTRICT NO. 790 NORTH CENTRAL MASTER PLAN CREATING THE DISTRICT FOR THE
PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF
MAINTENANCE AND ENERGY THEREFOR TO BENEFITED PROPERTY BY THE LEVY OF SPECIAL
ASSESSMENT.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana to wit:
Section 1
Passage of Resolution of Intention. This Commission, on October 22, 2024, adopted Resolution
No. 5652 (the “Resolution of Intention”), pursuant to which this Commission declared its
intention to create a special lighting district, designated as Special Lighting District No. 790 (North
Central Master Plan) 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.
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Resolution 5653, Creation of SILD 790
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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 19, 2024, this
Commission 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.
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Resolution 5653, Creation of SILD 790
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Section 6
Lighting District Fund Established. There is hereby created a fund to be known as the Special
Lighting District No. 790 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 19th day of November, 2024.
___________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Resolution 5653, Creation of SILD 790
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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. 5653 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 790 (NORTH CENTRAL MASTER PLAN);
CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND
ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITED 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 19, 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 19th day of November, 2024.
__________________________________
MIKE MAAS
City Clerk
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Terry Cunningham, Joey Morrison
Jennifer Madgic, Douglas Fischer, Emma Bode