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HomeMy WebLinkAbout1982-08-04 spec 1 ., c . ..L '.,,: MINUTES OF THE SPECIAL MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA August 4, 1982 *********************** The Commission of the City of Bozeman met Is special session In the Commission Room, Municipal Building, August 4,1982, at 1:15 p.m. Present were Mayor Stiff, Commissioner I Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Planalp and Clerk of the Commission Sullivan. Signing of the Notice of Special Meeting The Mayor requested that each of the Commissioners sign the Notice of Special Commis- sion Meeting, for the purpose of determining the City's final offer to the Bozeman Creek Reser- voir and I rrlgation Company for acquisition or escrow and acquisition of the stock. Each Com- missioner In turn signed the Notice. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission waive the payment of the Commissioners' salaries for the meeting and that they waive the form and time of notice of special Commission meeting. The motion carried by the following Aye and No vote; those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Discussion - Determining the City's final offer to the Bozeman Creek Reservoir and I rriqatlon Company for acquisitIon or escrow and acquIsItIon of the stock Mayor Stiff requested that Commissioner Anderson read the proposed agreement, which Mr. Jim Moore, Attorney for the Irrigators, had just distributed to the Commission at the be- ginning of the meeting. The following changes were then made to the counter-counter-offer, submitted to the City by the Irrigators. I Page 1 - No changes were made. Page 2 - lines 4, 5 and 24 - Change "Communlty Developmental Block Grant" to "Community Development Block Grant" to reflect the proper name of the grant. Page 3 - lines 20-25 - Change first sentence In paragraph to read, "In the event of drought, earthquake or other unforeseen natural occurrence which results In the maximum amount of water In the reservoir, together with any amounts of water delivered to anyone or more irrigator prior to the time when the maximum amount of water within the reservoir has been reached, being less than the maximum storage capacity available each year, each Irrigator shall receive as his pro rata share of the available water a percentage amount which Is equal to the percentage of water In storage as compared to the total storage capacity available. II Page 3 - Lines 30-33 - Change paragraph to read, "In the event of reduction of delivery of water by the city to any Irrigators for the reasons set forth above, the irrigator shall not be required to pay assessment for water not delivered by the city and received by him. II Page 4 - lines 4-5 - Remove section of sentence stating "... the Irrigator is entitled to receive whether he uses the water or not. II and replace with "... the Irrigator does receive. II Page 4 - line 10 - Add the words "and maintenance" after "operation". These words were Inadvertently omitted. Page 4 - lines 18-19 - Remove words "after delivery by the city of the water and" so that the sentence reads, IIpayment shall be made by the irrigator each year in cash within thirty (30) days after receipt of a statement of account from the city. II Page 5 - line 9 - Delete the word "offered" as It appears twice In the last portion of the I sentence. Page 5 - line 16 - Change "on" to Iln." Page 5 - lines 25-27 - Change sentence stating, liThe irrigator shall then have no obligation to pay an assessment for that year and for the acre feet of water to which he is otherwise entitled but did not elect to receive. II to read, liThe Irrigator shall then have the obligation to pay an assessment for that year of $1.00 per acre foot of water to which he Is 08-04-82 111 otherwise entitled but did not elect to receive." Page 5 - Line 30-31 - Change "Community Developmental Block Grant" to "Community Development Block Grant," as noted above. Page 6 - No changes. Page 7 - No changes. During the discussion It was noted that the Bozeman Creek Reservoir and Irrigation I Company has no responsibility for the distribution system for the water. That responsibility lies with the canal company. Mr. Moore stated that the Irrigators Included a 20 percent ceiling on the Increase or decrease of the base rate. He stated that the irrigators are concerned that the City will be controlling the operation and maintenance costs of the facility and they will have no voice In the expenditures. This will limit the possible increases In water costs to them. Following a discussion, the Commission agreed to accept that ceiling on Increases or decreases in the base rate. Mr. Goldenstein stated that the irrigators have deeded water as well as the water rights In Mystic lake. He noted that the water Is not crucial to the farmers during normal years, but the water will be important In the future. He stated that if the irrigators do not use the water In any given year, It Is available for use by the city residents. Therefore, the Irrigators do not feel that they should be required to pay for the water they do not use. He noted that if the full price Is required, the irrigators will use the water and It will not be available to the city residents. Commissioner Weaver feels that an annual assessment should be established to cover the operations and maintenance costs. The Commission agreed that the annual assessment on water shares which the Irrigator elects not to use should be $1.00 per acre foot. City Attorney Planalp asked when the City would receive the stocks. Mr. Moore stated that the stocks will be released to the City at the time the contract for reconstruction is completed. Mr. Moore then noted that nothing Is listed in the contract to cover the circumstances if I the reconstruction of the dam does not allow for the filling of the reservoir for a season. The Commission Instructed the City Attorney to meet with Mr. Moore to determine satisfactory word- lng, to reflect that the City will not be held liable for providing water to the Irrigators during the period of reconstruction. Mr. Moore stated that the Irrigators present appear to agree with the agreement as re- vised. He noted that he feels the remainder of the Irrigators will agree to sign an agreement which has the approval of those irrigators present. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize the Mayor to sign the agreement between the City and the Bozeman Creek Reservoir and Irrigation Company after review by the City Attorney. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Adjournment - 3:55 p.m. There being no further business to come before the Commission at this time, It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the meeting be ad- jou rned. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. I ALFRED M. STIFF, Mayor ATTEST: Clerk of the Commission 08-04-82