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HomeMy WebLinkAboutResolution 5200 Dissolving SILD 706 for West Winds Phase 4Page 1 of 3 RESOLUTION 5200 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DISSOLVING SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 706 (WEST WINDS PHASE 4), CONDITIONAL UPON APPROVAL OF RESOLUTION NO. 5172 TO MODIFY SPECIAL IMPROVEMENT DISTRICT NO. 720 (WEST WINDS PHASES 6-8) TO INCLUDE WEST WINDS PHASE 4. WHEREAS, the City Commission created Special Improvement District No. 706 (“SILD 706” or “the district”) on August 25, 2008 by Resolution No. 4120 for the purpose of assessing the costs for maintenance and energy for Phase 4 of West Winds Subdivision; and WHEREAS, the Resolution of Intention to create SILD No. 706, Resolution No. 4118, describes the boundaries of the District and the particulars of the Improvements to be undertaken; and WHEREAS, SILD No. 706 has not yet been assessed to the properties within West Winds Phase 4; and WHEREAS, the Bozeman City Commission desires to dissolve SILD No. 706 in order to more effectively assess the properties benefitting from the improvements by combining it with SILD No. 720 (West Winds Subdivision Phases, 6-8). These phases are contiguous to one another and share lights and power sources. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), as follows: Section 1 Notice of Passage of Resolution of Intention to Dissolve and Public Hearing on Protests. Notice of the passage of the Resolution of Intention was duly published and mailed in all respects in accordance with law, and on August 11, 2020, this Commission conducted a public hearing on written protests submitted by property owners against the dissolution of the District. The public hearing occurred on the date of the first regular meeting of the Commission following the expiration of the period ending 15 days after the first date of publication of the notice of passage of the resolution of intention (the “Protest Period”) DocuSign Envelope ID: 59B7F2C7-BAFE-428B-9196-0EB0AE10959E Resolution 5200, Modification of SILD 720 Page 2 of 3 Section 2 Boundaries of District. The limits and boundaries of the District to be dissolved are those described in Resolution No. 5198, the resolution of intention to dissolve SILD No. 706. Section 3 Protests. Within the Protest Period, no protests were filed with the City Clerk. Section 4 Dissolution of the District. The Commission hereby dissolves the District on the terms and conditions set forth herein and otherwise in accordance with the resolution of intention as modified hereby. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, this 11th day of August, 2020. ___________________________ CHRIS MEHL ATTEST: Mayor ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 59B7F2C7-BAFE-428B-9196-0EB0AE10959E Resolution 5200, Modification of SILD 720 Page 3 of 3 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. 5200. entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DISSOLVING SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 706 (WEST WINDS PHASE 4), CONDITIONAL UPON APPROVAL OF RESOLUTION NO. 5172 TO MODIFY SPECIAL IMPROVEMENT DISTRICT NO. 720 (WEST WINDS PHASES 6-8) TO INCLUDE WEST WINDS PHASE 4.” (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 11, 2020 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: Mehl, Andrus, Pomeroy, Cunningham, Wallner; voted against the same: none; abstained from voting thereon: none; or were absent: none. WITNESS my hand officially this 12th day of August, 2020. _________________________________ MIKE MAAS City Clerk DocuSign Envelope ID: 59B7F2C7-BAFE-428B-9196-0EB0AE10959E