CERTIFICATE AS TO RESOLUTION
I, the undersigned, being the duly qualified and acting recording officer of Sunny
Meadows Missoula County Water and Sewer District, Montana (the “District”), hereby certify
that the attached resolution is a true copy of Resolution No. _____, entitled: “RESOLUTION
RELATING TO ELECTION RETURNS FROM SPECIAL ELECTION ON THE CREATION
OF THE SUNNY MEADOWS MISSOULA COUNTY WATER AND SEWER DISTRICT,
MONTANA, THE ELECTION OF A BOARD OF DIRECTORS, AND THE INITIAL
MEETING OF THE BOARD” (the “Resolution”), on file in the original records of the District in
my legal custody; that the Resolution was duly adopted by the Board of Directors of the District
at a meeting on April 3, 2006, and that the meeting was duly held by the Board of Directors of
the District 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amended or repealed.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 Directors voted in favor thereof: __________________________
________________; voted against the same: ____________________________;
abstained from voting thereon: ________________________________________;
or were absent: ____________________________________________________.
WITNESS my hand officially this ________day of _______, 2006.
________________________________
Secretary
RESOLUTION NO. ____
RESOLUTION RELATING TO ELECTION RETURNS FROM
SPECIAL ELECTION ON THE CREATION OF THE SUNNY
MEADOWS MISSOULA COUNTY WATER AND SEWER
DISTRICT, MONTANA, THE ELECTION OF A BOARD OF
DIRECTORS, AND THE INITIAL MEETING OF THE BOARD
BE IT RESOLVED by the Board of Directors (the “Board”) of Sunny Meadows
Missoula County Water and Sewer District, Montana (the “District”), as follows:
Section 1. Recitals. Pursuant to a resolution adopted by the Board of County
Commissioners of Missoula County, Montana, on December 14, 2005, Missoula County,
Montana (the “County”) held a mail ballot election on February 21, 2006 for the purpose of
submitting to the electors of the proposed Sunny Meadows Missoula County Water and Sewer
District (the “District”) the proposition of whether or not the proposed District shall be organized
and incorporated and the election of directors.
Section 2. Canvass. The results of the special election were canvassed, determined and
declared to be as set forth on the Certificate of County Canvassers, attached hereto as Exhibit A
(which is hereby incorporated herein and made a part hereof).
Section 3. Declarations.
3.01. Organization and Incorporation of District. The Election Administrator, as
registrar for the County, reported that a majority of the votes at the election were cast in favor of
organizing and incorporating the District. Accordingly, the territory included within the
proposed boundaries of the District was declared and ordered to be duly organized and
incorporated as a county water and sewer district pursuant to the Act under the name “Sunny
Meadows Missoula County Water and Sewer District.”
3.02. Board of Directors. The Election Administrator found and declared that the
following five persons received the highest number of votes for the office of director of the
District, as set forth in the attached Exhibit A:
William Engelstad
Mike Huber
Michael Lilley
Tom Walter
Cynthia Winchell
Section 4. Offices.
4.01. Term of Directors. Pursuant to Section 7-13-2234, M.C.A., and this being the first
meeting of the Board, the Board hereby determines by lot that the following three directors shall
serve a term of two years, as such two years is determined under Sections 7-13-2234 and 7-13-
2236, M.C.A.:
______________________________
______________________________
______________________________
And the following two directors shall serve a term of four years, as such four years is determined
under Sections 7-13-2234 and 7-13-2236, M.C.A.:
______________________________
______________________________
4.02. President. The Board hereby appoints ___________________________ as the
President of the Board.
4.03. Administrative Personnel. The Board shall as soon as reasonably practicable
appoint a General Manager of the District, a Secretary of the District, and an Auditor of the
District, each of whom shall perform the duties described in Section 7-13-2278, M.C.A. For the
sole purpose of adoption of this resolution, the Board hereby appoints ____________________
as Secretary of the District.
4.04. Rules. The Board shall establish rules for its proceedings as soon as reasonably
practicable. The Board shall adopt, as soon as reasonably practicable, Bylaws for the operation
of the Board and its officers. The Board resolves to maintain rates and charges for the water
system as are currently in effect and will review and update them as appropriate and as required
by law.
Section 5. Ratification. All acts and undertakings of the District prior to the date hereof
are ratified and confirmed as the due and valid acts or undertakings of the District.
ADOPTED by the Board of Directors of Sunny Meadows Missoula County Water and
Sewer District, Montana, and effective as of, this 3rd day of April, 2006.
____________________________________
President
Attest:
________________________________________
Secretary
EXHIBIT A
CERTIFICATE OF COUNTY CANVASSERS
