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HomeMy WebLinkAbout1968-01-24 I I I Bozeman, Montana 24 January 1.968 The Commission of the City of Bozeman met in regular session in the Commission Room, City Hall Building, Wednesday, 24 January 1968, at l:OO o'clock p.m. Present were Mayor Morrow, Commissioner Sedivy, City Manager Cutting, Ass't. City Manager Fryslie, City Attorney Berg and the Clerk. Commissioner Sedivy opened the meeting with a prayer and the following proceedings were had: Minutes of the regular session held 17 January 1968, were read and it was moved by Commissioner Sedivy, seconded by Mayor Morrow, that the minutes be approved as read and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy and Mayor Morrow; those voting No, none. Commissioner Langohr absent: In concurrence with the recommendation of The City Manager, it was moved by Mayor Morrow, seconded by Commissioner Sedivy, that the absence of Commissioner Langohr be authorized in com- pliance with Section 2.08.060 of the Bozeman Municipal Code. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy and Mayor Morrow; those voting No, none. Proclamation of American Field Service Week: 29 January - 5 February (Candy Sale): In accordance with a request received from Mrs. Wayne Thompson, President, of the Adult Chapter of the American Field Service, Mayor Morrow proclaimed the week of 29 January to 5 February, 1968, as AMERICAN FIELD SERVICE WEEK in the Ci ty of Bozeman and called upon all of our citizens to support this worthy program with a generous response to the related candy sale solicitation by the Bozeman Senior High School Students. Commissioner Sedivy also concurred in the proclamation. Hearing Resolution No. 1354 - Annexation of Homesites Tracts: Durston & North 17th Ave.: During a regular session of the City Commission held on 27 December 1967, the Commission re- gularly passed and adopted Commission Resolution No. 1354, declaring its intention to extend the boundaries of the Ci ty of Bozeman so as to include a portion of the "Homesi tea", a suburb of Bozeman, Montana. This being the date for public hearing as set forth in said Commission Resolution No. 1354, affidavit of publication of Notice and the Clerks mailing certificate stating that all property owners had been notified as required by law was presented. Following a discussion of the proposed annexation with interested citizens attending the meeting, the City Manager informed the Commission that no written protests were on file and no one verbally protested. Commission Resolution No. 1358 to accomplish the extension of the City Limits and complete the action was presented entitled: COMMISSION RESOLUTION NO. 1358 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN EXTENDING THE BOUNDARIES OF THE SAID CITY OF BOZEMAN SO AS TO EMBRACE AND INCLUDE A CERTAIN TRACT OF LAND CONTIGUOUS TO THE SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIBED, WITHIN THE CORPORATE LIMITS THEREeF. prepared by the City Attorney was presented. In concurrence with the recommendation of the City Manager, it was moved by Commissioner Sedivy, seconded by Mayor Morrow, that Commission Resolution No. 1358 be passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, and Mayor Morrow; those voting No, none. HEARING Resolution No. 1355 - Annexation of Mountain Vista Suburb and Portion of Kirk's 1st. Subd.: During the regular session of the City Commission held on 27 December, 1967, the Commi.ssion regularly passed and adopted Commission Resolution No. 1355 declaring its intention to extend the boundaries of the City of Bozeman so as to include several tracts of land known as the Mountain Vista Suburb and a portion of Kirk's First Subdivision. This being the date for public hearing 143 144 as set forth in said Commission Resolution No. 1355, the affidavit of publication of Notice and the Clerks mailing certificate stating that all property owners had been notifi.ed as required by 1 law was presented. The City Manager presented written protests filed with the Acting Clerk of the City Commission as follows: Keith and Dorothy Beyl and Charles & Phyllis M. Ennes which represents a total protest of 22% of registered freeholders. Following a discussion with several interested citizens and on the basis that the protests did not exceed the required 50% of the registered freeholders, the City Manager concurred with the recommendation of the City Attorney that the extension of the City Limits be completed. Commission Resolution No. 1359 to accomplish the extension of the City Limits and complete the action was presented as follows: COMMISSION RESOLUTION NO. 1359 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN EXTENDING THE BOUNDARIES OF THE SAID CITY OF BOZEMAN SO AS TO EMBRACE AND INCLUDE A CERTAIN TRACT OF LAND CONTIGUOUS TO THE SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIBED, WITHIN THE CORPORATE LIMITS THEREOF. It was moved by Mayor Morrow, seconded by Commissioner Sedivy, that the Resolution be adopted and passed and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Morrow, and Commissioner Sedivy; those voting No, none. Report for December - Cemetery: The Cemetery report for the month of December was presented. It was moved by Commissioner Sedivy, seconded by Mayor Morrow, that the report be approved as presented and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy and Mayor Morrow; those voting No, none. Retaining Financial Consultant for proposed Sewage Disposal and Treatment Project: The City has had an engineering study made of the City Sewage System and including the en- gineers recommendationsof the work to be done and the Commission was again informed that the City and is required by Federal/State law to add secondary treatment of the City Sewage to the existing system. Kalman and Company of Minneapolis have been retained by the City in the past on several occasions as financial consultants and it was recommended that the City of Bozeman retain this firm now known as Dain, Kalman & Quail. Inc., to assist in setting up the proposed project for the enlargement and updating of Bozeman's sanitary Sewer Treatment and Disposal System and to advise the City in regard to the most feasible plan for financing the project as set forth in the following proposal: 1. We will work with the City and its officials in a program to secure the approval of the electorate for this financing. 2. We will assist you in the determination of a proper schedule of rates and charges sufficient to finance the proposed project on a strictly revenue basis in such a manner as to obtain the lowest possible in- terest cost on the bonds to be sold. 3. We will cooperate with Dorsey, Marquart, Windhorst, West & Halladay, recognized bond attorneys, satisfactory to your City Commission and ourselves, who will advise as to proper legal proceedings and prepare required legal documents including resolutions, ordinances and certi- ficates, and pass upon the validity of such proceedings and furnish a marketable legal opinion on said bonds. 4. We will furnish and pay the cost of the printed bond forms with interest coupons attached. 5. We will arrange to have the bonds sold at public sale in amounts to be determined by the City Commission and to distribute prospectuses to at least 10 prospective bidders and nationally advertise the sale of the bonds. The City of Bozeman will pass such proceedings as are usual and necessary to carry out the terms of the agreement. I I I I I I For our services you are to pay us the sum of ten dollars per one thousand dollar bond ($10.00 per $1,000.00) for the first one million bonds ($1,000,000.00) and five dollars per one thousand dollar bond ($5.00 per $1,000.00) for all bonds in excess of the first $1 million actually sold and delivered to the purchasers, which sum is to be paid to us coincident with the delivery of the bonds to the purchasers. This schedule of compensation is intended to cover the entire issue author- ized by Bozeman's voters whether the bonds are sold at one time or in several differen t series on more than one date. When the amount due us is received by us we will pay for the printing of the bonds and will refund from the amount paid us by you a sum sufficient to pay the above attorneys for the opinion and their services. It is expressly understood that this agreement does not intend to and is not, under any circumstances, to be construed as requiring us to perform any service which constitutes the practice of law; we are em- ployed in an expert financial capacity only. It is understood that should the City not proceed with the proposed plan for issuing the Sewer Revenue Bonds, there will be no obligation on the part of said City to pay us for any expenses which we incur or con- tract in connection with this agreement, nor will there be any obligation on the part of the City to issue said bonds. It was moved by Mayor Morrow, seconded by Commissioner Sedivy, that the above Agreement with Dain, Kalman & Quail, Inc., be approved and the Mayor and the Clerk of the City Commission be authorized and directed to sign for the City and the motion was carried by the following Aye and No vote; those voting Aye being Commissioner Sedivy and Mayor Morrow; those voting No, none. Claim for Cast Iron Pipe Material: Pacific States Cast Iron Company - $8,015.84: The City Manager presented a claim from Pacific States Cast Iron Pipe Company, Provo, Utah, for the payment of Cast Iron Pipe Material in the amount of $8,015.84, most of which was included in the City's order awarded on bids received in October, 1967. After examination of the claim, it was moved by Commissioner Sedivy, seconded by Mayor Morrow, that the claim in the amount of $8,015.84 be approved and the Director of Finance be directed to issue a warrant in payment there- of and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy and Mayor Morrow; those voting No, none. Ad j 011 rnmen t : There being no further business to come before the Commission at this time, it was moved by Mayor Morrow, seconded by Commissioner Sedivy, that the meeting be adjourned and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy and Mayor I Morrow; those voting No, none. (/,/ / I. ( ,', V r;"Zl. "Vt ~/ >7( /--r/-;r-'-t./ Mayor IE' sion 145