HomeMy WebLinkAboutResolutions 5525 - Creation of Special Improvement Lighting District 780Page 1 of 4
RESOLUTION 5525
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 780 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 22, 2023, adopted Resolution No.
5524 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to
create a special lighting district, designated as Special Lighting District No. 780 (CANYON GATE
SUBDIVISION 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 26, 2023, this
Commission 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
DocuSign Envelope ID: 19961B5A-92C5-42E4-99E8-30E52ED30805
Resolution 5525, Creation of SILD 780
Page 2 of 4
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. 780 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
DocuSign Envelope ID: 19961B5A-92C5-42E4-99E8-30E52ED30805
Resolution 5525, Creation of SILD 780
Page 3 of 4
Bozeman, Montana, at a regular session thereof held on the 26th day of September, 2023.
___________________________________
CYNTHIA ANDRUS
Mayor ATTEST:
________________________________________ MIKE MAAS City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN City Attorney
DocuSign Envelope ID: 19961B5A-92C5-42E4-99E8-30E52ED30805
Alex Newby
Deputy City ClerkXXXXXXXXX
XXXXXXXXXXXXX
Resolution 5525, Creation of SILD 780
Page 4 of 4
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. 5525 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 780 (CANYON GATE
SUBDIVISION); 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 September
26, 2023 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 26th day of September 2023.
___________________________________
MIKE MAAS
City Clerk
DocuSign Envelope ID: 19961B5A-92C5-42E4-99E8-30E52ED30805
Deputy City Clerk
XXXXXXXXXXXXX
XXXXXXXXXX
Alex Newby