HomeMy WebLinkAboutResolutions 5577 - Modify SILD 767 Bozeman Gateway Sub PUD Ph. 4Page 1 of 4
RESOLUTION 5577
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, MODIFYING
SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 767 BOZEMAN GATEWAY SUB PUD PHASE 4
(WEST GARFIELD ST) TO INCLUDE MSU INNOVATION CAMPUS 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 February 6, 2024, adopted Resolution No
5576 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to
modify a special lighting district, designated as Special Lighting District No. 767 Bozeman Gateway
Sub PUD Phase 4 (West Garfield St) to include the MSU Innovation Campus 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 protest
period which ended 15 days after the first date of publication of the notice of passage of the
Resolution of Intention.
Section 3
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Protests. Within the Protest Period, no protests were filed with the City Clerk.
Section 4
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. 767 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, this 5tht day of March 2024.
___________________________
TERENCE CUNNINGHAM
ATTEST: Mayor
____________________________________
MIKE MAAS
City Clerk
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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.
5577 entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
MODIFYING SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 767 BOZEMAN GATEWAY SUB PUD
PHASE 4 (WEST GARFIELD ST) TO INCLUDE MSU INNOVATION CAMPUS TO THIS DISTRICT FOR
ASSESSING THE COSTS FOR MAINTENTANCE AND ENERGY THEREFORE TO BENEFITTED PROPERTY
BY THE LEVY OF SPECIAL ASSESSMENT.” 5577 (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 March 5, 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: Cunningham, Morrison, Madgic, Coburn, and
Fischer; voted against the same: None; abstained from voting thereon: none; or were absent:
none.
WITNESS my hand officially this 5th day of March 2024.
___________________________________
Mike Maas
City Clerk
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